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ORDINANCES ORDERS AND RESOLUTIONS_ORDINECES 90-01 THRU 95-40_REEL 2 CIC CONTROL TEST TARGET Kodak Quality Monitoring Program •D 100.. 200 mm lip--=�� y`I2�kli 11 I III h 3I�li it I.O '— "'1_111.0 �I2�B VIII 2=5 VIII VIII 3.2 i 11112.2 ` '�3 VIII2.2 r- 1 VIII z_2 L 0- = 36 I.I '' 111112-° VIII I.I '� 111112-° VIII I.I VIII iiiii-$ iiiii-$ iiiii-$ ® 11111 1.25 111111-4 VIII''-6 ��1.25 11111 1.a VIII''-6 ��1.25 I11111.a VIII''-6 3 3 O� O LINE BACKGROUND r BO Cc De Fen Gg Hn6li x�uMm tun Oo Po po 6�Ss Tiwv.wwx.v�L0�33c561 B9�0 it 12 i3�4 t5�6>>�0�92G 2t:323)-25262 26293G31333334351fi 3-13"+0 41 42 43 44 45 a642 ae a9! Aa Bb Cc Dd Ee FI Gg Hb 1.JI Kk LI Mm W0,Pp aq Hr 55 Tl Uu w VvW%+Yy D 0123456789101112131415161,to 19 20 21 22 23 24 25 26 2,28 29 30 31 32 3111 11115 313E Aa Bb Cc Od Ee Pf Gg Hh 6 JI Kk U Mm Nn Do Pp Oq Rr Ss Tt Uu Vv Ww Xx Yy.Z21 234567891011 12131415161718192021 22 23 24 Aa Bb CcDdEeFfGgHhliJjKkLIMmNnOoPpQgRrSsTtUuVvWwXxYYZz1 234567891011 12 13 14 15 Aa Bb CcDdEeFfGgHhliJjKkLIMmNnODPpQgRrSsTtUuVvWwXxYyZz1 234567891 ® No 3 3 Processing & Micropublishing Services A_2289 Business Systems Markets Division 10/e0 MICROPHOTOGRAPHY Produced By: The Texas State Library State Records Center Records Management Division 4400 Shoal Creek Blvd. Box 1292.7, Austin, TX 78711 (512) 454-2705 Microfilming Target RMD 204(August 1987) Texas State Library State Records Center STJk RT OF REEL IDS c- Z-w Microfilming Target RMD 202(August 1987) Texas State Library Reproduction of this form at the agency State Records Center level is authorized. CITY OF HUNTSVILLE CITY SECRETARY ORDINANCES, ORDERS AND RESOLUTIONS TITLE PAGE This microfilm contains AwA/ ,, rSz � ?Dc2S o Eso��T/oNS / (records series title) of I y O I/ OA/7-5-1//u-C (local g emment and/or subordinate organizational unit(s)) a Roll Number 0/ /ig,sV - �a �i� 1S Da�of Records Series �/?.D/n/,9A/C?ES Title of Records(if not obvious from records series title) Restriction or Classification Information(if necessary) Bibliographic Information (if any) LRD MF6 (Rev.2/92) RECORDS SERIES TITLE: 'Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: Ordinance 90-1 Man.&Mobile Homes-Demolition of 01-09-90 i ORDINANCE NO. 70 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, AMENDING CHAPTER 6, BUILDINGS AND BUILDING REGULATIONS, TO INCLUDE MANUFACTURED HOMES AND MOBILE HOMES AS STRUCTURES SUBJECT TO DEMOLITION OR REPAIR IF DILAPIDATED OR SUBSTANDARD; AND MAKING OTHER PROVISIONS RELATED THERETO. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, that SECTION 1: Chapter 6, Buildings and Building Regulations, of the Code of Ordinances of the City of Huntsville, Texas, is hereby amended by the repeal of Section 6-20. Dilapidated, substandard or unfit buildings, as presently constituted, and by adopting a new Section 6-20 that shall read as follows: Sec. 6-20. Dilapidated, substandard or unfit buildings. Any building or structure, including manufactured or mobile homes, that has any of the following conditions and which constitutes a hazard to the health, safety and welfare of the general public or its occupants is declared a dilapidated, substandard or unfit building: (a) Whenever any means of egress or portion thereto is not of adequate size or is not arranged to provide a safe path of travel in case of fire or panic. (b) Whenever any means of egress or portion thereof, such as but not limited to, fire doors, closing devices, fire resistance ratings, are in disrepair or in a dilapidated or nonworking condition such that the means of egress could be rendered unsafe in case of fire or panic. (c) Whenever the stress in any material, member or portion thereof, due to all imposed loads including dead load exceeds the working stresses allowed in the Standard Building Code for new buildings. (d) Whenever a building, structure or portion thereof has been damaged by fire, flood, earthquake, wind or other cause to the extent that the structural integrity of the buildings or structures is less than it was prior to the damage and is less than the minimum requirement established by the Standard Building Code for new buildings. (e) Whenever any exterior appendages or portion of a building or structure is not securely fastened, attached or anchored such that it is capable of resisting wind, seismic or similar loads as required by the Standard Building Code for new buildings. (f) Whenever for any reason a building, structure or portion thereof is manifestly unsafe or unsanitary for the purpose for which it is being used. (g) Whenever any building, structure, or portion thereof as a result of decay, deterioration or dilapidation is likely to fully or partially collapse. (h) Whenever any building, structure or portion thereof has been constructed or maintained in violation of a specific requirement of the Standard Codes or of a city, county or state law. (i) Whenever any building, structure or portion thereof is in such a condition as to constitute a public nuisance. (j) Whenever any building, structure or portion thereof is unsafe, unsanitary or not provided with adequate egress, or which constitutes a fire hazard, or is otherwise dangerous to human life, or, which in relation to existing use, constitutes a hazard to safety or health by reason of inadequate maintenance, dilapidation, obsolescence or abandonment. SECTION 2: This ordinance shall take effect immediately. PASSED AND APPROVED THIS _J� day of 17/az2iZ3 , 19,: 90 THE CITY,iOF HUNTSVILLE Ja a Monday, Mayor� ATTES i h DeShaw, City Secretary APPR ED AS�O FORM: Sc o (d,/ss,, City Attorney RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: Ordinance 90-2 Eman.Park,Pub.Access,Prohibits Time 01-23-90 ORDINANCE NO. 90-2 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, REGULATING PUBLIC ACCESS TO EMANCIPATION PARK; PROHIBITING USE OF EMANCIPATION PARK BETWEEN 9:00 P.M. AND 4:00 A.M.; PROVIDING A FINE OF $1-200.00 FOR ILLEGAL USE OF THE PARK; PROVIDING FOR POSTING OF NOTICE OF PARK HOURS; AND MAKING OTHER PROVISIONS RELATED THERETO. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, THAT: Section 1: The Code of Ordinances of the City of Huntsville, Texas; is amended by the adoption of a new Chapter 13A, Parks, that shall read as follows: Sec. 13A-1. Parks Closed to the Public. (a) The following parks or park facilities shall be closed to the public at the times designated: (1) Emancipation Park (except Martin Luther King, Jr. Recreation Center) - between 9:00 p.m. and 4:00 a.m. (2) Reserved for future use. (b) The City Manager is authorized and directed to designate the parks or park facilities closed to the public by appropriate and conspicuous signs post at all entrances thereto. (c) A person commits an offense if he intentionally or knowingly enters or remains in a City park at a time the park is closed. (d) It is a defense to prosecution if the person is engaged in park maintenance, construction activity or security under authority of the City and in the performance of their duties of employment. (e) This section shall not be construed either: (1) to require that members of the public found inside fenced or enclosed areas during the hours those areas are closed to the public must be requested to leave before being subject to prosecution under Section 30.05 of the Texas Penal Code, or (2) to prohibit the City, its officers and employees from requesting persons on City property to depart and, if they fail to do so, be subject to prosecution under Section 30.05 of the Texas Penal Code; or (3) to prohibit the prosecution for any other crime that may have been committed upon the City property. (f) An offense under this subsection (c) of this section shall be a Class C misdemeanor punishable by a fine of $1.00 to $200.00. Section 2: If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect any of the remaining provisions of this ordinance. Section 3: All ordinances and parts of ordinances in conflict in conflict with the provisions of this ordinance are hereby repealed; provided, however, that such repeal shall be only to the extent of such inconsistency and in all other respects this ordinance shall be cumulative of other ordinances regulating and governing the subject matter covered by this ordinance. Section 4: The City Secretary is hereby directed to cause the caption of this ordinance to be published at least twice within ten days of final passage. This ordinance shall take effect ten (10) days after the date of final passage. PASSED AND APPROVED this !>%cY day of o q"1 , 1990. ,THE CITY OF HUNTSVILLE By -�/ �Jazzi. Monda , Mayor A e5haw, City Secretary APP jED AST FORM: Scott Bounds, City Attorney RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: Ordinance 90-3 Zoning Appoints A Commission For Zoning 02-27-90 ORDINANCE NO. 90-3 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, APPOINTING A ZONING COMMISSION; AND MAKING OTHER PROVISIONS AND FINDINGS RELATED THERETO. WHEREAS State law, Texas Local Government Code Chapter 211, prescribes the method for Texas cities to implement certain land use regulations; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, THAT: Section 1: The municipal planning commission of the City of Huntsville, Texas, is appointed as the commission to serve as the zoning commission. Texas Local Government Code Section 211.007(a). Section 2: The zoning commission shall recommend boundaries for the original zoning districts and appropriate zoning regulations for each district. Id_ Section 3: The zoning commission shall make a preliminary report and hold public hearings on that report before submitting a final report to the City Council. Id. Section 211.007(b). Section 4: A public hearing by the City Council shall be held, after the notice required by Section 211.006(a) of the Texas Local Government Code, jointly with a public hearing required to be held by the zoning commission. Id. Section 5: The planning commission, acting as the zoning commission, shall have all the rights, powers, duties and responsibilities of a zoning commission as set forth in Chapter 211 of the Texas Local Government Code, and shall conduct such public hearings as necessary or desirable to accomplish its duties. Section 6: This ordinance shall take effect immediately upon its approval by City Council. PASSED AND APPROVED THIS,-��AY OF G!J 1990. CITY OR UNTSVILLE by JaAe Monday, Mayor ATTE T: APPIVED AS TO F RM: % s �h DeShaw, City Secret ry Scott Bounds, City Attorney RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: Ordinance 90-4 Adopts A Policy For Investments 03-06-90 ORDINANCE NO. 90-4 A ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, ADOPTING POLICIES FOR INVESTMENTS; AND MAKING OTHER PROVISIONS RELATED THERETO. WHEREAS the Public Funds Investment Act, Texas Revised Civil Statutes article 842a-2, requires the City to adopt written investment policies addressing liquidity, diversification, safety of principal, yield, maturity, and quality and and capability of investment management, with primary emphasis on safety and liquidity; and WHEREAS the Public Funds Collateral Act (S.B. No. 1341, 71st Legislature) requires the City to adopt written policies addressing investment securities eligible to secure deposits of public funds; WHEREAS Texas Local Government Code Chapter 105 generally authorizes depositories for municipal funds; and WHEREAS Texas Revised Civil Statute article 4413 (34c) also regulates the investment of local funds; NOW, THEREFORE, Be it ordained by the City Council of the City of Huntsville, Texas, that: SECTION 1: The attached City of Huntsville Investment Policy shall be adopted as the policy of the City regarding investments, investment securities, and depositories. SECTION 2: This ordinance shall take effect immediately after its adoption by City Council. PASSED AND APPROVED on the 6th day of March, 1990. THE CITY/IOF HUNTSVILLE by its Mayor, Jane Monday ATTEST/ DeShaw, City Secretary APPROED AS TO FORM Pt� Scott Bounds, City Attorney CITY OF HUNTSVILLE INVESTMENT POLICIES March 1, 1990 I. SCOPE OF AUTHORITY OF OFFICERS TO INVEST CITY FUNDS These policies are adopted by the City Council to direct, limit and authorize the City Manager and Department of Finance to administe and supervise the financia" affairs of the City. Article 4413 (34c) 32. Banking services shall be maintained separately from investment services. These investment policies shall apply to both banking services and investment services. These policies shall apply to all funds of, or those monies or financial resources available for investment by, the Cit i. These policies shall not govern funds that are managed under separate investment programs sl ch as retirement funds, pension funds, deferred compensation funds and certain private donations. Article 842a-2 S 6. These funds shall be maintained as required by federal and state law, other local policies, 0 donor stipulations. II. OBJECTIVES The objectives of the ity's investment policies shall be, in order of priority: safety, liqu'dity and yield. A. Safety shall be he foremost objective of the City's investment policies. Saf ty shall be obtained through protection of principal and saf keeping. 1. The City sh 11 control risk of loss due to the failure of a security is uer or guarantor. Such risk shall be controlled by investing in the safest types of securities, by qualifying ,he financial institution with whom the City will transact, a�Ihd by portfolio diversification. 2. The City shall also control risks of loss by requiring collateral or funds to be held by a financial institution separate fr m the depository bank. Art. 842a-2. B. Liquidity shall b achieved by matching investment maturities with forecasted cash flow requirements and by investing in securities with active seco�ldary markets. A security may be liquidated to meet unanticipated cash requirements, to redeploy cash into other investments expelCted to out perform current holdings, or to otherwise adjust she City's portfolio. 2 <<1 C. Investments shall be made in permitted obligations at yields equal to or greater than the bond equivalent yield on United States Treasury obligations of comparable maturity. In order to stabilize yield for budgeting purposes, the City shall maintain a portion of its investments in obligations with maturities greater than one year. No investment shall be made with a maturity greater than five years without express authority of the City Council or its Finance Committee. III. RESPONSIBILITY AND CONTROL A. The Director of Finance, under general supervision of the City Manager, shall direct the cash management program of the City. See City Charter art. XI. The City Manager and/or Director of Finance may deposit, withdraw, invest, transfer, and manage City funds. Art. 4413 (31c) $ 36. B. The Director of Finance shall establish a system of internal controls that shall be reviewed by the Finance Committee and the City Auditor. C. The Director of Finance shall make investments with judgment and care. D. On or before the first regular meeting of the City Council in July of each year, the Director of Finance shall provide City Council an annual report on investment performance and the municipal treasury. The annual report shall include the amount of receipts and expenditures of the municipal treasury, the amount of money on hand in each fund; the amount of bonds becoming due for redemption that require action; the amount of interest to be paid during the next fiscal year; and any other information requested by law to be reported by treasurer. Texas Local Government Code section 105.092. In addition, the Director of Finance shall provide the Finance Committee a quarterly report including significant changes in investment portfolios or procedures. The Director of Finance shall provide the City Manager a monthly report, which shall include all securities held, average maturities, portfolio diversification, yields, income and all transactions executed for the month. The report shall include an assessment of investment performance. IV. AUTHORIZED INVESTMENTS A. The Director of Finance may invest only in the safest type of securities, which includes: 1. obligations of the United States or its agencies and instrumentalities; 3 2. direct obligations of the State of Texas or its agencies; 3. an obligation the principal of and interest in which are unconditionally guaranteed by the State of Texas, or the United States or its agencies and instrumentalities; 4. a general or special obligation issued by a public agency, payable from taxes, revenues, or a combination of taxes and revenues that has been rated as to investment quality by a nationally recognized rating agency and that has a current rating of not less than A or its equivalent; 5. certificates of deposit issued by state and national banks domiciled in Texas that are: a. guaranteed or insured by the Federal Deposit Insurance Corporation, or its successors; or b. secured by governmental obligations that are described above; 6. certificates of deposit issued by savings and loan associations domiciled in this state that are: a. guaranteed or insured by the Federal Savings and Loan Insurance Corporation, or its successors; or b. secured by governmental obligations that are described above; 7. prime domestic bankers' acceptances; 8. commercial paper with a stated maturity of 270 days or less from the date of its issuance that either: a. is rated not less than A-1, P-1, or the equivalent by at least two nationally recognized credit rating agencies; or b. is rated not less than A-1, P-1, or the equivalent by at least one nationally recognized credit rating agency and is fully secured by an irrevocable letter of credit issued by a national or state bond; 4 ')I 9. fully collateralized repurchase agreements having a defined termination date, secured by direct obligations of the United States or its agencies, pledged with a third party selected and approved by the Director of finance, and placed through a bank domiciled in Texas or a primary government securities dealer (as defined by the federal Reserve); and 10. common trust funds a comparable investment device owned or administered by a bank domiciled in this state and whose assets consist of all or a cWnbination of the obligations described above. Art. 842a-2 3 2. B. All investment transactions will be executed on a delivery versus payment basis. V. COLLATERALIZATION REQUIREMENTS A. All public funds held as a demand or time deposit at a bank or otherdepository shall be secured by eligible security. Art. 842a-2 3 3. B. An eligible security means: 1. a surety bond; or 2. ownership or beneficial interest in (but not merely an option contract to purchase or sell) any authorized investment. C. The market value of the collateral shall equal at least 102% of the cash value of the repurchase agreement. Otherwise, the total face value and market value of the investment securities used as collateral should be at least equal to the deposits of public funds increased by the amount of any accrued interest and reduced by the exten of insurance through an agency of the United States. Art. 842a-2 1 4. D. 1. A depository for the City may deposit investment securities pledged to secure deposits of public funds with a custodian that the City has approved as a custodian and that is either: a. a state or national bank domiciled in the State of Texas and which has a capital stock and permanent surplus of not less than $5 million. b. the Texas Treasury Safekeeping Trust Company; or 5 1, I C. a Federal Reserve Bank or its branches. Art 842a-2 6(c)(1). 2. The securities shall be held in trust by the custodian to secure the deposit of public funds of the C'ty in the depository pledging the securities. Art. 842a-2 6(c)(2). 3. On receipt of the investment securities, the custodian shall immediately, by book entry or otherwise, identify on its books and records the pledge of the securities to the public entity and shall promptly issue and deliver to the appropriate official of the public entity trust receipts for the securities pledged. The security evidenced by the trust receipts is subject to inspection by the public agency or its agents at any time. Art. 842a-2. 4. A custodian holding in trust investment securities of a depository section may deposit the pledged securities with a permitted instit�:tl on. These securities shall be held by the permitted institution to secure funds deposited by the public entity in the depository pledging the securities. On receipt of the securities ,the permitted institution shall immediately issue to the custodian an advise of transaction or other document evidencing the deposit of the securities. When the pledged securities held by a custodian are deposited, the permitted institution may apply book entry procedures to the securities. The records of the permitted institution shall at all times reflect the name of the custodian depositing the pledged securities. The trust receipts the custodian issues to the public entity shall indicate that the custodian has deposited with the permitted institution the pledged securities held in trust for the depository pledging the securities. Art. 842a-2 3 6e. 5. The custodian shall maintain separate, accurate, and complete records relating to the pledged investment securities and all transactions rglating to the pledged investment securities. Art. 842a-2 S 9(b). E. The Director of Finance shall inform its depositories of significant changes in the amount or activity of public funds reasonably in advance of such changes. Art. 842a-2 § 5(c). 6 ! • • VI. INVESTMENT PROCEDURES Investments should be made where possible, after competitive bids are solicited. Competitive bids may be solicited orally, in writing, electronically, or in any combination of these methods. Bids should be solicited from all local (Huntsville banks). If a bank notifies the City that it is unable or unwilling to bid for investments, the City may presume that the bank is unable or unwilling to bid until the bank notified the City otherwise in writing. Additionally, the City may solicit bids from banks on the approved depository list. A. An offer worksheet shall be kept for each transaction showing the name of dealer/bank contacted, name of the person quoting the yield, phone number of the person, amount of principal to be invested, yield quoted, type of investment, fund designation, maturity date, issue date, length of time invested, cusip number, receipt number, total interest to be earned, approval by the Director of Finance, signature of the Director of Finance. B. The City may utilize any program established through the Texas Interlocal Cooperation Act which invests in funds authorized by the Public Funds Investment Act_ C. The City may utilize only Federal Reserve Bank and primary security dealers registered with or the state which are approved by the Finance Committee for the purchase of direct U.S. Treasury obligations not purchased through a City banking depository. (See list, exhibit A.) Investments shall not exceed more than 20% of the capitalization of the financial institution. No more than 50% of the City's total investments shall be concentrated in one institution other than the main depository. All City banking depositories qualify to perform investment services. VII. ESTABLISHMENT OF BANKING DEPOSITORY A. The City shall select a bank as its primary depository for normal banking transactions. In addition, the City may designate one or more other depositories for investment transactions. B. The City's primary banking depository shall do business in the City. R 7 (� C. Not more than four weeks and not less than one week before the City Council considers applications for its depository, the City shall publish at least once in the City's official newspaper a notice of the meeting at which applications are to be received. D. A bank desiring to be selected as the city depository must deliver its application to the City Secretary on or before the date of the meeting at which applications are to be received. The application shall be accompanied by an affidavit disclosing that conflict of interest, if any, that apply to the selection of the depository. E. The City may, after considering the application: 1. select as city depositories one or more banks that offer the most favorable terms and conditions for the handling of the municipal funds; or 2. reject any of the applications and readvertise. F. When the securaty is provided as required by Texas Local Government Code 3 105.031 et sea., the City shall designate by an order recorded in its minutes which banks are acting as a depository for the City's funds. G. The City shall retain the right to withdraw any municipal funds deposited in a depository that are not immediately required to pay obligations of the City and invest those funds in direct debt securities of the United States or another approved depository. Texas Local Government Code S 105.072. H. The Director of Finance shall immediately deposit in the depository to the credit of the City any money received. I. Except as provided for wire transfers to other depositories, the funds of the City may be paid out of a depository only on the checks of the City. 1. Checks must be signed by the Mayor and City Manager. A fascimile signature may be used by the Mayor and/or City Manager. 105.074(a) 2. Checks must be authorized by the Mayor or City Manager. 105.074(b) 3. No checks shall be drawn on time deposit until notice period expired. 105.074(d) 8 � i 4. No check shall be drawn on a special fund created to pay bonded indebtedness other than to pay principal or interest on the indebtedness, or to invest the fund as provided by these polices or law. 5. All checks shall be payable by the depository at its place of business. 105.075 6. The Director of Finance may, with approval of Council, pay a bond, coupon, or other indebtedness of the City at a place other than the depository if by its terms the indebtedness is payable on maturity at the other location. 105.076 7. The Mayor, City Manager, Director of Finance, and Finance Assistant are authorized to each have full authority and are each empowered to take all actions and execute all documents necessary or incidental to investment agreements. VIII. INDEPENDENT AUDIT REVIEW The investment policy, internal control procedures, investment practices, investment performance, and reporting system shall be reviewed by the City's independent auditor annually. IX. ANNUAL REPORT At least once each year, the City Manager and Director of Finance shall jointly prepare, sign and deliver to the City Council once each year a written report concerning the City's investment transactions for the preceding year and describing in detail the investment position of the City as of the date of the report. 9 Ll 4; RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: Ordinance 90-5 Accepts Preliminary Report/Calls Hearing 03-27-90 ORDINANCE NO. 907x_ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, ACCEPTING THE PRELIMINARY REPORT OF THE PLANNING AND ZONING COMMISSION; CALLING A JOINT PUBLIC HEARING; AND MAKING OTHER PROVISIONS AND FINDINGS RELATED THERETO WHEREAS: the City Council has appointed its municipal planning commission to serve as the zoning commission for purposes of implementation of general zoning regulations; and WHEREAS: the planning and zoning commission has prepared a preliminary report; and WHEREAS: the City Council desires to accept and approve that preliminary report and proceed with a public hearing regarding the adopting of zoning regulations and zoning district boundaries; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, THAT/: SECTION 1: A public hearing shall be held on the 2� /jday of �i 1990, at J'OO , p.m., in the council chambers at City H611 at 1212 Avenue M, Huntsville, Texas 77340. In accordance with Section 211.006 (a) of the Texas Local Government Code, any party in interest or citizen who desires to be heard on the proposed zoning regulations and zoning district boundaries shall have an opportunity to be heard. SECTION 2: This public hearing shall be held jointly by the City Council and the Planning and zoning Commission. SECTION 3: The City Secretary is hereby directed to give notice of the public hearing by (1) publishing notice of the time and place of the hearing in the Huntsville Item at least 15 days before the date of the hearing ; and (2) sending notice to each owner, as indicated by the 1989 approved municipal tax roll, of real property in the city properly addressed with postage paid, by the United States mail, notice of the time and place of the hearing. The notice shall be deposited in the mail at least 10 days before the hearing date. SECTION 4: The notice shall be sent in substantially the following form: CITY OF HUNTSVILLE, TEXAS PUBLIC HEARING NOTICE Re: Consideration of a Zoning Ordinance and Zoning Map The Huntsville City Council and the Planning and Zoning Commission will hold a joint public hearing on �e 5 the day of 19PR/L. , 1990 at 7:00 p.m. in the City Hall Chambers at 1212 Avenue M to take testimony concerning the proposed zoning regulations and zoning district boundaries. Copies of the proposed Zoning Ordinance are available at the City Hall at 1212 Avenue M from the Planning Department or may be viewed at Huntsville Public Library. You are encouraged to attend this hearing and see that your thoughts are expressed. If you cannot attend, you may submit comments in writing between now and the closing of the public hearing. If you have any questions regarding this notice, please call the Planning Department at (409) 291-5410 between 8:00 a.m. and 5:00 p.m. Submit comments to: City of Huntsville Planning and Zoning Commission 1212 Avenue M Huntsville, Texas 77340 SECTION 5: This ordinance shall take effect immediately upon its passage. Passed this F711). pday of 8� J , 1990. The CiRky of Huntsville OSI By'r Monday, its Mayor 6;.!e FY..-,&City ecretary App rgr(ed s to form: Scott Bounds, City Attorney RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: Ordinance 90-6 Approves Claim&Del.of COB-Refuse Truck 04-10-90 ORDINANCE NO. 90-6 AN ORDINANCE APPROVING CLAIM AND DELIVERY OF CERTIFICATES OF OBLIGATION; AND CONTAINING OTHER PROVISIONS RELATED HERETO. WHEREAS the City Council of the City of Huntsville, Texas (City), by Ordinance No. 89-42, found that it was advisable for the City to purchase a diesel powered front loading refuse truck and that Certificates of Obligation be issued by the City for all or any part of the cost of same; and WHEREAS the notice for said action was published at the times and in the manner required by law; and WHEREAS the City awarded a contract to Industrial Disposal Supply Co. in the amount of $115,000.00 as the lowest and best bid for the purchase of the diesel powered front loading refuse truck; and WHEREAS the City Council wishes to authorize payment thereof and deliver of certain of said Certificates of Obligation. THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, THAT: Section 1: There is now due and owning to be the Contractor of the sum of $115,000.00. Section 2: The Certificates of Obligation herein authorized to be delivered shall bear interest at the rate of 7.19% per annum from date of initial delivery shown on the face of such certificate. Section 3: There shall be executed and delivered to said Contractor a certificate of the City of Huntsville, Texas, Equipment Acquisition Certificate of Obligation, dated December 12, 1989 Section 4: The Mayor, City Secretary and other appropriate City officials are hereby authorized and directed to deliver said Certificate and to do any and all things necessary or convenient to carry out the terms of this ordinance. INTRODUCED, READ AND PASSED by the unanimous vote of the City Council of the City of Huntsville, on this the 10th day of April, 1990. CITY OFUNTSVILLE, TEXAS a r / B t: Jan"Monday, Mayor ATT e haw; City Secreta APPROVED AS TO FORM: Scott Bounds, City Attorney RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: Ordinance 90-7 Designates City Manager As Records Mgt.Officer 05-22-90 ORDINANCE NO. 90-7 AN ORDINANCE DESIGNATING THE CITY MANAGER AS RECORDS MANAGEMENT OFFICER FOR THE CITY; AND MAKING OTHER FINDINGS AND PROVISIONS RELATED THERETO. WHEREAS the Texas Local Government Records Law requires the City Council to designate a Records Management Officer by June 1, 1990; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, THAT: SECTION 1: Chapter 2, Administration, of the Code of Ordinances of the City of Huntsville, Texas, is hereby amended by the adoption of a new Section 2-47. Records Management Officer, that shall read as follows: Section 2-47. Records Management Officer. The City Manager shall be the Records Management Officer for the City of Huntsville. SECTION 2: This caption of this ordinance shall be made a part of the minutes of the City of Huntsville. SECTION 3: The City Manager is directed to submit his name, office, and designation as Records Management Officer to the director and librarian (executive and administrative officer) of the Texas State Library and Archives Commission within thirty (30) days. A copy of this ordinance should accompany that submission. SECTION 4: This ordinance shall take effect immediately upon its adoption. PASSED AND APPROVED this 22odday of Ma , 1990. CITY OF �UNTSVILLE, TEXAS By7Z✓ / JANE, MAYOR ATTEST: h OeS aw, 7 City Secretary APPROVED AS TO FORM: Scott B unds, City Attorney RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: Ordinance 90-8 No Parking Zones-FM 1374 05-22-90 ORDINANCE NO. 90-_ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, AMENDING CHAPTER 12, MOTOR VEHICLES AND TRAFFIC, OF ITS CODE OF ORDINANCES BY ESTABLISHING NO PARKING ZONES, ALONG F.M. 1374 FROM SAM HOUSTON TO IH-45; PROVIDING A PENALTY OF UP TO $200 A DAY FOR CERTAIN VIOLATIONS; MAKING OTHER RELATED FINDINGS AND PROVISIONS RELATED THERETO; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, THAT: Section 1: The following described curb zones and areas are designated as no parking zones: Street Name Side of Street Limits F.M. 1374 Both Sam Houston to IH-45 Section 2: Schedule IV, Parking Limit Zones, of Chapter 12, Motor Vehicles and Traffic, of the Code of Ordinances of the City of Huntsville, Texas, shall be revised to reflect the amendments made by this ordinance. Section 3: The City Manager is hereby authorized and directed to cause the posting of proper signs along the above described streets and parking zones. Section 4: It shall be unlawful for driver of a vehicle to disobey the instruction of the signs placed in accordance with the provisions of this ordinance, unless at the time otherwise directed by a Police Officer. Section 5: Any person, firm or corporation violating any provision of this ordinance or failing to comply with any requirement of the ordinance will be guilty of a misdemeanor and subject to a fine of up to two hundred ($200.00) dollars upon conviction. Each day during or upon which said person shall violate or continue violation of any provision of this ordinance or non-compliance with any requirement of this ordinance shall constitute a distinct and separate offense. The violation of any provision of the ordinance or the failure to comply with any requirement of this ordinance shall each constitute a distinct and separate offense. Section 6: If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect any of the remaining provisions of this ordinance. Section 7: All ordinances and parts of ordinances in conflict with the provisions of this ordinance are hereby repealed; provided, however, that such repeal shall be only to the extent of such inconsistency and in all other respects this ordinance shall be cumulative of other ordinances regulating and governing the subject matter covered by this ordinance. Section 8: This ordinance shall take effect from and after ten (10) days from its passage by the City Council. The City Secretary is hereby directed to give notice hereof by causing the caption of this ordinance to be published in the official City newspaper at least twice within ten (10) days after the passage of this ordinance. PASSED AND APPROVED THIS day of 1990. THE�HUNTSVILLE By i Jan onday, M yor ATTEST: i h eShaw, City Secretary- APPROVED AS TO FORM: J Scott Bounds, City Attorney RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: Ordinance 90-9 Zoning Reg.&Comm.,Dist.Map,Board of Adj. 06-05-90 ORDINANCE NO. 90-9 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, ENACTING ZONING REGULATIONS; CREATING USE DISTRICTS IN ACCORDANCE WITH THE COMPREHENSIVE PLAN. REGULATING WITHIN SUCH DISTRICTS THE USE OF BUILDINGS AND LAND FOR TRADE, INDUSTRY, RESIDENCE OR OTHER PURPOSES; PROVIDING FOR CONDITIONAL USE PERMITS; ADOPTING AN OFFICIAL ZONING DISTRICT MAP; CREATING A PLANNING AND ZONING COMMISSION; CREATING A BOARD OF ADJUSTMENT AND DEFINING ITS POWERS; PROVIDING FOR A PENALTY OF UP TO $1,000.00 FOR EACH OFFENSE; AUTHORIZING PUBLICATION OF THE CAPTION OF THE ORDINANCE; AND PROVIDING A SAVINGS CLAUSE AND PRESERVING RIGHTS UNDER THE EXISTING ORDINANCE. WHEREAS by Ordinance 90-3 the City Council of the City of Huntsville, Texas, appointed the Planning Commission to serve as the Zoning Commission; and WHEREAS the Planning and Zoning Commission has met to consider regulations, which in accordance with the City's Comprehensive Plan, would be designed to control the density of population to the end that congestion may be lessened in public streets and that the public health, safety, convenience and general welfare be promoted in accordance with Chapter 211, Municipal Zoning Authority of the Texas Local Government Code; and WHEREAS the Planning and Zoning Commission has studied and evaluated the proposals and recommendations prepared by City Staff; and WHEREAS the City Council and the Planning and Zoning Commission met in joint session for the purpose of a Public Hearing on the Preliminary Report to the City Council; and WHEREAS the Planning and Zoning Commission has considered the comments of the public presented at that public hearing and presented a final report to this Council recommending the adoption of a zoning ordinance; NOW THEREFORE, Be it ordained by the City Council of the City of Huntsville, Texas, that: SECTION 1: The Development Code adopted by reference in Chapter 30 of the Code of Ordinances of the City of Huntsville, Texas is amended by the repeal of Chapter 1. General Administration, as it presently exists and by the adoption of a new Chapter 1. General Administration that shall read as follows: CHAPTER 1. GENERAL ADMINISTRATION 100. TITLE This code shall be known as the Huntsville Development Code. This Code is adopted pursuant to the authority contained in chapters 211 and 212 of the Texas Local Government Code. 101. LEGISLATIVE INTENT This code is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. Where this Code conflicts or overlaps other regulations, whichever imposes the more stringent restrictions shall prevail. 101.1 Interpretation I In the interpretation and application of this Code, all provisions shall be: i (1) Liberally construed In favor of the governing body; and I (2) Deemed neither to lijnit nor repeal any other powers granted under state statutes. 101.2 Purpose (1) The purpose of this Code is the implementation of the Comprehensive Plan, specifically the goals, objectives and policies contained therein, and the protection of the health, safety, and genera] welfare of existing and future residents of the City. (2) This purpose is me� by: (a) Providing Jhe means of implementing the policies and provisions of the Comprehensive Plan. (b) Guiding the growth of the City, concentrating more intense development in areas with high development capability and limiting d1velopment in areas of low capability. (c) Guiding, 4roylgh the establishment of performance standards, the type, Plistribution, and intensity of development. I I I 1 ' 1-1 1 I 1 ; } a t f l 101.3 Compliance All development or redevelopment shall comply fully with the provisions of this Code and the standards contained herein. Such compliance is a precondition for the issuance of any permits or approval of subdivision plats. 102. THE PLANNING AND ZONING COMMISSION 102.1 Creation, Appointments, Memberships (1) There shall be a City Planning and Zoning Commission consisting of seven (7) voting members appointed by the Mayor with approval of Council. Members shall be appointed during the month of October. Each member shall be a resident of the City. (2) The members of the Commission shall be identified by place numbers one (1) through (7). Places one (1), two (2) and three (3) shall be appointed initially for a term of a one year, places four (4) and five (5) shall be initially appointed for a term of two years, and places six (6) and (7) shall be initially appointed for a term of three years. Thereafter, all members shall be appointed for a term of three (3) years. (3) Should a vacancy occur, the Mayor, with approval of Council, shall appoint a person to complete the unexpired term of such position. 102.2 Meetings, Officers and Rules (1) The Commission shall hold at least one regular meeting per month. Special meetings may be held on call of the Chairperson or by a majority of the Commission qualified. (2) The Commission shall elect a Chairperson and Vice-Chairperson at the first regularly scheduled meeting after the October appointments who shall serve for a period of one year. All members including the Chairperson shall vote in matters considered by the Commission. (3) The Director of Planning shall serve as ex officio nonvoting secretary of the Commission and shall keep minutes, books, files and other records of the Commission and perform such other duties as are incidental to the office. (4) Any four (4) voting members of the Commission present shall constitute a quorum to conduct business. 1-2 102.3 Responsibilities The Commission shall: (1) advise the City in the preparation and maintenance of a Comprehensive Plan and related studies; (2) advise the City in establishing criteria for development of land; (3) approve or disapprove, with or without variances, all subdivision plats, development plats or other matters as established in this Code within the City and its extra-territorial jurisdiction (ETJ); (4) assist the City in conducting public hearings as may be required to gather information necessary for the drafting, establishment and maintenance of the Comprehensive Plan and ordinances and regulations related to it; (5) initiate planning concepts and recommend policies for guiding action affecting development in the City and its environs; and (6) perform other duties that may be specifically assigned to it by the City that may have a bearing on the preparation or accomplishment of the Comprehensive Plan. 103. THE BOARD OF ADJUSTMENT 103.1 Creation, Appointments and Members - (1) There shall be a Board of Adjustment consisting of five (5) voting members. Members shall be appointed by the Mayor with approval of Council during the month of October. Each member shall be a resident of the City. (2) The members of the Board shall be identified by place numbers (1) through (5). Places (1), (2), and (3) shall be appointed initially for a term no greater than one year, places (4) and (5), shall be initially appointed for a term no greater than two years. Thereafter, all members shall be appointed for a term of two (2) years. (3) Should a vacancy occur, the Mayor, with approval of Council, shall appoint a person to complete the unexpired term of the position. 1-3 103.2 Meetings, Officers and Rules (1) The Board shall elect a Chairperson and Vice-Chairperson at the first regularly scheduled meeting after the October appointments who shall serve for a period of one year. All members, including the Chairperson, shall vote in matters considered by the Board. (2) The Director of Planning shall serve as ex officio (non-voting) secretary of the Board and shall keep minutes, books, files and other records of the Board and perform such other duties as are incidental to the office. (3) Any four (4) voting members of the Board present shall constitute a quorum to conduct business. 103.3 Responsibilities (1) Development Code Text and Zoning District Map Interpretation The Board is authorized to hear and decide appeals where it is alleged that there is an error in an order or decision by the municipal enforcement officials in applying the standards of this Code (see section 112). (2) Special Exceptions and Variances The Board is authorized to hear and decide special exceptions to the terms of the Code where such special exceptions are allowed by the Code and authorize in specific cases a variance from the terms of this Code as established in Section 112. (3) Determination of Land Use The Board of Adjustment shall determine the land use category of any land use where a question exists relating to the application of the appropriate standards contained in this Code (see also chapter 4). 104. DEVELOPMENT PERMIT REQUIRED 104.1 Purpose This section sets forth the application and review procedures for obtaining a permit for the development of land (Development Permit) in the City and its extra-territorial jurisdiction according to the standards established by this Code. A Development Permit shall be issued only to lots meeting the development district standards contained in Chapter 4 and approved according to the land division procedures established in Chapter 2 of this Code. Prior to issuance of any 1-4 �/'� Development Permit or Building Permit, the developer shall obtain a Certificate of Compliance from the City (see Section 104.5). For a list of the development actions permitted under this code, see section 104.2 of this code. 104.2 Permitted Activities The developer shall obtain a Development Permit as required for the following actions: (1) Reclamation of Land/Drainage Improvements (Reclamation Permit); (2) Sign Placement and Erection (sign Permit); (3) Land Division; (4) Construction of Public Improvements; (5) Conditional Uses; and/or (6) Nonconforming Uses. 104.3 Application for Issuance of a Development Permit (1) Application; fees (a) The developer shall submit an application on forms provided by the City for issuance of a development permit. Where hardship relief is requested, the developer shall also present a written request according to section 112 (for a variance). Each application shall be accompanied by the payment of a fee in accordance with the duly adopted "Schedule of Fees" to cover the costs of processing the application. (b) Each application shall be accompanied by five (5) copies of a site plan as described in section 104.4 of this chapter; provided, however, that applications for home occupations shall not be required to submit site plans. (2) Action (a) The City shall respond to the applicant within 30 days of filing as to the approval, conditional approval or disapproval of the application. If disapproved, the City shall cite reasons for denial and, if approved, a development permit shall be issued to the developer. 1-5 (b) If the application is disapproved or conditionally approved, the developer may make appropriate alterations or otherwise show evidence of meeting the standards of this Code. Resubmission or providing additional information to meet conditions shall not require payment of fees (unless meeting conditions requires a separate application). 104.4 Site Plans The developer shall submit site plans, where necessary, based on the criteria below in fulfilling the application requirements for obtaining a development permit under this Code. The developer shall also provide a certified copy of any instrument which contains a restriction on the use of, or construction of, the lot, together with a certified copy of any amendment, judgment or other document affecting the use of he property. The site plan shall provide the following information: (1) The date, scale, north point, development district, title, name of owner, and name of person preparing the site plan. (2) The location and dimensions of boundary lines, easements, and required yards and setbacks of all existing and proposed buildings and land improvements. (3) The location, height, and intended use of existing and proposed buildings on the site, and the approximate location of proposed buildings and land improvements. (4) The location of existing and proposed site improvements including parking and loading areas, pedestrian and vehicular access, utility or service areas, fencing and screening, and lighting. (5) The center line of existing water courses, drainage features and location and size of existing and proposed streets and alleys, and the 25-year and 100-year floodplain. (6) The number of existing and proposed off-street parking and loading spaces, and a calculation of applicable minimum requirements. (7) The approximate location and size of proposed signs, if known. (8) The location and size of the existing and proposed landscaped areas. 104.5 Permit Required A person commits an offense if he uses land for a purpose not permitted in the district in which it is located. 1-6 105. CERTIFICATE OF COMPLIANCE The City shall not issue a building or development permit for the erection, alteration, moving or repair of any building or structure or any other permit authorized by the Code until a certificate of compliance has been issued by the Code Compliance Officer. Issuance of such a certificate shall indicate that the plans for which the building or development permit is requested complies with the Official Zoning Map. The City shall maintain a record of all certificates of compliance and said record shall be open for public inspection. 106. RECLAMATION OF LAND 106.1 Permit Required The developer shall obtain a permit from the City prior to depositing or removing any material within a watercourse; excavating within a watercourse; constructing, altering, or removing any structure within, upon or across a watercourse; planting or removing any vegetation within a watercourse; or altering any embankment within a watercourse. 106.2 Standards The developer shall meet all standards relating to construction and drainage contained in chapters 7 and 10 and section 403.1 of this Code, including the provisions of the Standard Excavation and Grading Code in obtaining permission to reclaim or improve watercourses. 106.3 Permit Procedures for Flood Hazard Zone Areas (1) Application for a Development Permit shall be presented to the City on forms furnished by the City and may include, but not be limited to, a site plan as described in section 104.4 showing the location, dimensions, and elevation of proposed landscape alterations, existing and proposed structures, and the location of the foregoing in relation to areas of special flood hazard. Additionally, the following information is required: (a) Elevation (in relation to mean sea level), of the lowest floor (including basement) of all new and substantially improved structures; (b) Elevation in relation to mean sea level to which any nonresidential structure shall be floodproofed; (c) A certificate from a registered professional engineer or architect that the nonresidential floodproofed structure shall meet the floodproofing criteria of 403.1 (3)(b); 1-7 (d) Description of the extent to which any watercourse or natural drainage will be altered or relocated as a result of proposed development. (e) Maintain a record of all such information in accordance with 403.1 (8)(a). (2) Approval or denial of a development permit by the City shall be based on all of the provisions of section 403.1 (1) and emphasizing the following relevant factors: (a) The danger to life and property due to flooding or erosion damage; (b) The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner; (c) The danger that materials may be swept onto other lands to the injury of others; (d) The compatibility of the proposed use with existing and anticipated development; (e) The safety of access to the property in times of flood for ordinary and emergency vehicles; (f) The costs of providing governmental services during and after flood conditions including maintenance and repair of streets and bridges, and public utilities and facilities such as sewer, gas, electrical and water systems; (g) The expected heights, velocity, duration, rate of rise and sediment transport of the flood waters and the effects of wave action, if applicable, expected at the site; (h) The necessity to the facility of a waterfront location, where applicable; (i) The availability of alternative locations, not subject to flooding or erosion damage, for the proposed use; (j) The relationship of the proposed use to the comprehensive plan for that area. 1-8 107. SIGN PLACEMENT AND ERECTION 107.1 Permit Required The developer shall obtain a permit from the City prior to erecting, constructing, reconstructing or altering a sign. Any sign listed hereunder shall be erected and maintained in a safe condition in conformity with the standards in Chapter 11 of this code and the Building Code. If, within any twelve (12) month period, alterations or repairs costing in excess of fifty (50) percent of the then physical value of the sign structure are made to an exiting sign structure, such sign shall be made to conform to the requirements of this Code except for section 1106 (off-premise signs, location). 107.2 Application Procedures (1) The developer shall submit an application on forms provided by the City for a permit to place and erect a sign (see section 104.3). (2) Construction permit applications for new ground signs when erected or constructed to heights exceeding 30 feet above ground level, or for new roof signs when erected 30 feet above ground level shall be accompanied by a drawing of the sign structure and the sign prepared by and certified by a professional engineer registered in the State of Texas; the City may also require similar certification by a registered professional engineer if any unusual structural provision of a proposed sign indicates such certification is necessary in the interest of public safety. (3) Signatures of both the owner of the premises upon which the sign is to be (or has been) constructed (or the authorized lessee of such premises) and the sign company (if the sign is an off-premise sign) that the sign is authorized to be erected or to be thereafter maintained on the premises, shall be provided and shall contain the sworn affidavit of the owner or lessee and the sign company that the sign does not violate any applicable deed restriction or other similar restrictions on the premises. (4) Any permit for construction of a sign will become null and void unless construction of the sign is completed within 180 days, or the permit is renewed for an additional 180 days, in which case an additional fee shall be payable equal to one-half the original fee paid and the proposed sign shall meet all of the requirements of this Code on the date of renewal. 107.3 Exceptions No permit shall be required under this Code for on-premise signs of the following descriptions, unless any such sign is a spectacular sign, or portable sign. 1-9 (1) signs painted on glass surfaces or windows or doors; (2) wall signs not over 100 square feet in area; (3) signs erected by the City, State of Texas (including its political subdivisions such as counties, school districts, universities, and the Department of Criminal Justice), or the Federal Government and the lessees of such government entities; (4) railroad signs; (5) legal notices (such as "no trespassing" or "no parking") and house numbers not exceeding four square feet in area;. (6) a sign not over 40 square feet in area setting forth information concerning a building or other' structure under repair or construction or advertising the sale or rental of the premises; (7) signs within a stadium designed to be viewed by patrons within the stadium; (8) temporary signs, provided the number of such signs on any premise does not exceed two (2) in number, and provided such signs are displayed on consecutive days, and for only a maximum of seven (7) days in any thirty (30) day period; (9) on-premise signs setting forth the location of or directions to parking or buildings located on the premises, or regulating the flow of off-premise traffic. Such directional signs may be lighted, consistent with the .other requirements for electrical[ signs in chapter 11 and with the requirements of the building code; (10) signs displayed, designed, or used for or upon motor vehicles; or (11) signs which are mounted on the face of a building no higher than the roof line or form an integral part of a canopy or marquee entrance and state only the street number, name of the proprietor, and name of the premise therein; provided, however, that the number of such signs shall not exceed the number of entrances for such premises. 1-10 108. LAND DIVISION 108.1 Permit Required A person commits an offense if he divides any tract of land into two or more parts or adjusts a lot or tract boundary and/or consolidates two or more lots or tracts of land without a permit from the city. 108.2 Application Procedures The developer shall submit an application for the permit on standard forms provided by the City. For purposes of this section, the application for preliminary plat approval (see section 203.1) or approval of a boundary line adjustment (see section 205.1) shall be considered an application for a development permit. The permit shall be effective for two years; provided, however, that approval may be automatically extended at one year intervals if development is occurring in a timely manner. 109. PERMIT TO CONSTRUCT PUBLIC IMPROVEMENTS 109.1 Permit Required A person commits an offense if he constructs, alters or removes any public improvement without a permit for the work from the City. 109.2 Application Procedures (1) The developer shall submit an application for the permit on standard forms provided by the City. (2) The application shall be accompanied by three (3) complete sets of proposed construction plans. Such plans and one (1) set of construction cost estimates shall bear the seal of a registered professional engineer of the State of Texas, and shall be prepared in accordance with the latest City standards. 109.3 Permit Issuance and Fees A permit for construction, alteration or removal of public improvements can be issued upon approval of the engineered plans and cost estimates (see section 109.4) for the work and payment of a plan checking and inspection fee in accordance with the duly adopted "Schedule of Fees." 1-11 109.4 Construction Plans (1) Utility Layout Plan The developer shall submit at least three (3) copies of a plat of the development showing the proposed location of all utilities to be provided and their relation to all other utilities as specified in Chapter 7 of this code. The Utility Layout Plan shall bear the signature of approval of the appropriate representative of each utility company proposed to serve the development. (2) Sanitary Sewer and Water Construction Plans The developer shall submit separate sewer system plans with a plan and profile of proposed sanitary sewers, with grades and pipe sizes indicated and showing locations of manholes, cleanouts, etc., and a separate plan of the proposed water distribution system showing pipe sizes and location of valves, fire hydrants, and fittings, etc., in conformance with the City's criteria. A profile is required for all water lines. Existing public improvements (streets, sewer, water, etc.), public easements and existing and proposed topography shall be shown on each plan. Each plan shall show the seal and signature of the registered professional civil engineer who prepared the plans. Each sheet shall include north point, scale, date, and bench mark description of sea level datum. (3) Storm Drainage Construction Plans The developer shall submit separate storm drainage plans showing the information specified below. (a) A plan and profile of proposed storm sewers or channels, showing hydraulic data, pipe grades and sizes, manholes, inlets, pipe connections, outlet structures, etc., in conformance with the criteria established in chapter 10 of this code. All plans shall show existing and proposed topography with contour lines at two foot intervals and all existing public improvements (streets, sewer, water, etc.) and public easements. Each plan shall show the seal and signature of the registered professional engineer who prepared the plans. Each sheet shall include north point, scale, date, and bench mark description to sea level datum. (b) A general location map of the tract showing the entire watershed ( a USGS quadrangle is satisfactory). 1-12 (c) Calculations showing the anticipated storm water flow, including watershed area, run-off coefficient and time of concentrations shall be submitted showing basis for design of all improvements. (d) Detailed plans for any bridges, culverts, catch basins, any other drainage structures, or any other improvements to be made. (4) Street Construction Plans The developer shall submit separate street plans with a plan and profile of all proposed streets or roads with centerline and top of curb grades, ditch flowline and tops of ditch grades, and showing existing and proposed surface profiles. Each sheet shall include north point, scale, date, and bench mark description to sea level datum. Scales shall be 1 inch equal 40 or 50 feet horizontally and 1 inch equal 4, 5, or 10 feet vertically. Each plan shall show all existing and proposed public improvements (drainage, sewer, water, etc.) within the limits of the street construction. The typical cross-section of proposed streets showing the width of roadways and type of pavement and location and width of sidewalks shall be shown. Each plan shall show the seal and signature of the registered professional engineer who prepared the plans. (5) Grading Plan The developer shall submit a plan of the entire tract depicting the final grading contours and elevations, earthwork, quantities (cut and fill), slopes, retaining walls, drainage patterns, finished floor elevations of all existing structures, minimum floor elevations of all future structures and any other information considered necessary by the City at a scale of 1" _ 100' minimum. (See also sections 106 and 114). (6) Design Summary The developer shall submit a separate report entitled "Engineering Design Summary" with final plans and specifications for construction of public improvements and shall summarize calculations and such other engineering information pertaining to the major items of design significance as may be necessary in the City's review of the plans and specifications to determine whether the facilities proposed for construction have been designed in accordance with the intent of the City's design criteria. Calculations shall include drainage facilities, water demand, sewage flows, and any others considered necessary be the City. 1-13 (7) Format (a) The developer shall submit all improvement plans to the City on sheets 36 inches by 24 inches. A binding margin shall be provided of not less than one and one-half (1-1/2) inches on the left side of the sheet and margins not less than one-half (1/2) inch on the three other sides. (b) Upon approval by the City of the engineering plans and conditional approval of the final subdivision plat, the developer will be issued a Permit to Construct Public Improvements. (c) Upon completion of the, required public improvements, the developer's Registered Professional Engineer shall present to the City high quality reproducible, drafting film (4 mils thick) of complete "as built" plans for all paving, drainage structure, storm drains, water lines and sewer lines within thirty (30) days of the completion of each contract. The Registered Professional Engineer shall certify that the "as built" plans are in fact true representations of the actual construction. (d) The City shall not accept ownership or maintenance of any public improvements until the developer submits all final plats and "as built" plans relating to the project to the City. 110. CONDITIONAL USE PERMITS The Commission may approve a conditional use permit for a use that may be allowed only upon specific review and approval by the Commission in any district in which such use is authorized following proper application and after notice and public hearing as established in section 113. No building permit for a use authorized as a conditional use within a district shall be issued unless the applicant obtains a conditional use permit. The application (see Section 104) for a conditional use permit shall be accompanied by 10 copies of a site plan as defined in Section 104.4. No building, premise, or land use under a conditional use permit may be enlarged, modified, structurally altered, or otherwise substantially changed unless a separate conditional use permit is granted. An application for a conditional use permit shall be approved upon finding that the proposed use: (1) conforms to all applicable regulations and standards of this code; (2) is compatible with existing or permitted uses on abutting sites; (3) conforms to the objectives and the purposes of the district in which it is located; and 1-14 (4) will not be detrimental to the public health, safety, or welfare or materially injurious to properties or improvements in the vicinity. 111. NONCONFORMING USE PERMIT 111.1 Permit Required Within the districts established under this Code there may exist lots, structures, uses of land and land use characteristics which were lawful before this Code was enacted, amended or otherwise made applicable, but which do not conform to the regulations of the district in which it is located. Nonconforming uses are hereby declared to be incompatible with the uses permitted by right and the conditional uses permitted within the district involved. A permit shall be obtained to maintain, enlarge, change, alter or repair a nonconforming use of land or building. A nonconforming use permit shall be issued according to the procedures contained in section 104. 111.2 Regulation of Nonconforming Uses Except as herein provided, no nonconforming use of land or buildings nor any nonconforming structures may be enlarged, changed, altered or repaired except in conformity with the regulations contained in this Code. (1) Nonconformance Status The lawful use of land existing at the time of the passage of this Code, although it does not conform to the provisions herein, may be continued until termination is required in accordance with the provisions of this Code. Nonconformance status is determined as follows: (a) The use or structure was in existence and lawfully operating as of June 10, 1986, and has since been in regular and continuous use; or (b) The use or structure was lawfully being used at the time of the adoption of any amendment to this Code and by such amendment was placed in a district wherein it is not otherwise permitted; or 1-15 (c) The use or structure was in existence at the time of annexation to the City and has since been in regular and continuous use. (2) Continuing Lawful Use of Property A nonconforming use, when discontinued or abandoned, cannot be resumed. Discontinuance or abandonment is defined as follows: (a) When land use for a legal nonconforming use ceases to be used in such a manner for two (2) years; (b) When a structure designed or used for a nonconforming use ceases to be used in such a manner for a period of one (1) year. (3) Substitution of Nonconforming Uses Prohibited No nonconforming use or structure may be substituted for any other nonconforming use or structure. Only uses permitted by right and approved conditional uses may be substituted for nonconforming uses or structures. (4) Enlargement of Nonconformance Enlargement of nonconforming uses is prohibited. (5) Restoration of Damaged Property If a nonconforming use is damaged or destroyed to an extent of more than sixty per cent (60%) of its fair market value by a fire, explosion, act of God, or other means, then any restoration must be for a permitted use. 111.3 Termination of Nonconforming Use The right to use a parcel of land or a structure in a nonconforming manner must terminate under any of the following circumstances: (1) When the use is abandoned. (2) When any provision of this or any other code is violated with respect to a nonconforming use. (3) When a nonconforming use is changed to a conforming use by means of an amendment to the zoning text or map. (4) When the structure in which a nonconforming use is housed, operated or maintained is damaged to the extent of more than sixty per cent (600) of its value. 1-16 112. APPEAL AND HARDSHIP RELIEF PROCEDURES 112.1 Types of Appeals Appeals may be taken by any person aggrieved, or by any officer, department, board or bureau of the City affected by any decision under this Code where it is alleged there is error in any order, requirement, decision or determination made by an administrative official in the enforcement of any Development Code provision. (1) A hardship may exist which necessitates the granting of relief where the strict application of one or more requirements of this Code would render a parcel incapable of reasonable economic use. Specified provisions set forth in this Code may be waived or varied where, because of the particular physical surroundings, shape or topographical condition of the property, compliance would result in a particular hardship upon the owner. A hardship is distinguished from a mere inconvenience or a desire to make more .money. The application for hardship relief shall provide facts and evidence sufficient to enable the Commission or Board to make findings in compliance with the criteria set forth in this section, and to avoid conflict with the Comprehensive Plan. (2) Unless otherwise authorized by this Code, all requests for hardship relief shall be the responsibility of the Board of Adjustment; provided, however, that variance requests pertaining to the division of land shall be the responsibility of the Planning and Zoning Commission. The Planning and Zoning Commission and the Board of Adjustment shall follow the procedures established in this section and section 113 for public notice of such proceedings. (3) An appeal or request for hardship relief may be made by filing a notice of appeal with the City within ten working days of the decision. The notice of appeal shall indicate the nature of the interpretation that is being appealed. The matter at issue will be a determination of the appropriateness of the interpretation of the requirements of the Code. The appealing party (applicant) assumes the responsibility of all required notification procedures (see section 113). (4) An appeal shall stay all proceedings in furtherance of the action appealed unless the officer from whom the appeal is taken certifies in writing to the City after the notice of appeal shall have been filed with him, that by reason of the facts stated in the certificate, a stay would, in his opinion, cause imminent peril to life or property. In such case, proceedings shall not be stayed otherwise than by a restraining order which may be granted by the City or by a court of record on application of notice to the officer from whom the appeal is taken and on due cause shown. 1-17 (5) The City shall fix a reasonable time for the hearing of the appeal, give public notice as established in section 113, and decide the same within a reasonable time. At the hearing, any party may appear in person or by agent or attorney. 112.2 Authority (1) Final determination of relief is vested in the Planning and Zoning Commission or Board of Adjustment (as appropriate) which. shall: (a) hear and decide appeals; and (b) authorize hardship relief from the terms of the Code. (2) In exercising their powers the Planning and Zoning Commission or the Board of Adjustment may, in conformity with the provisions of this Code or referenced codes, reverse or affirm, wholly or partly, or modify the order, requirement, decision or determination appealed from and may make such order, requirement, decision or determination as ought to be made, and to that end shall have all the powers of the officer from whom the appeal is taken. (3) Hardship relief from the terms of this Code may be granted, only upon written findings by the City that all of the following are met: (a) Special conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are not applicable to other lands, structures, or buildings. (b) The special conditions and circumstances do not result from the actions of the applicant, nor could the condition or circumstances be corrected or avoided by the applicant. (c) The relief granted is the minimum degree of relief necessary to make possible the reasonable use of the land, building, or structure in compliance with all other appliPable regulations. (d) Literal interpretation of the provisions of the Code would deprive the applicant of rights commonly enjoyed by other properties under the terms of this Code and would work unnecessary and undue hardship on the applicant. 1-18 (e) The grant of the relief will not violaCe the general intent and purpose of this Code nor policies, of the Comprehensive Plan. i t (f) The grant of relief will not create unsafe conditions nor other detriments to the public welfare beyond the effects of development otherwise allowed. (4) In granting any hardship relief, appropriate conditions and safeguards may be prescribed in conformity with this Code. Violation of the terms of such conditions and safeguards, when made a part of the term of the development permits or final plat shall be deemed a violation of this Cole. 112.3 General Rules (1) The concurring vote of four members of the Board or a majority of those present, in the case of the Commission, shall be necessary to reverse any order, requirement, decision, or determination of any such administrative official, or to decide in favor of the applicant on any matter upon which it is required to pass under this Code, or to effect any variation in this Code. (2) Any person or persons, jointly or severally, aggrieved by any decision of the City, or any taxpayer, or any officer, department, board or bureau of the City, may present to a court of record a petition, duly verified, setting forth that such decision is illegal, in whole or in part, specifying the grounds of the illegality. Such petition shall be presented to the district court of Walker County within ten (10) days after the filing of the decision in the office of the Board. (3) Upon the presentation of such petition, the court may allow a writ of certiorari directed to the City to review such decision and shall prescribe the time within which a return must be made and served upon the petitioner's attorney, which shall not be less than ten (10) days and may be extended by the court. The allowance of the writ shall not stay proceedings upon the decision being appealed, but the court may, upon application, notice to the City, and due cause, grant a restraining order. (4) The City shall not be required to return the original papers acted upon by it. It shall be sufficient to return certified or sworn copies of the papers or of such portions as may be called for by such writ. The City shall also provide such other facts as may be pertinent and material to show the grounds for the decision which is being appealed. 1-19 (5) If, during the hearing, it shall appear to the court that testimony is necessary for the proper disposition of the matter, it may take evidence or appoint a referee to take such evidence as it may direct and report the same to the court with the findings of fact and conclusions of law, which shall constitute a part of the proceedings upon which the determination of the court shall be made. The court may reverse or affirm, wholly or partly, or may modify the decision brought up for review. (6) Costs shall not be allowed against the City unless it shall appear to the court that it acted with gross negligence, or in bad faith, or with malice in making the decision being appealed. (7) All issues in any proceedings under this section shall have preference over all civil actions and proceedings. 113. PUBLIC NOTICE PROCEDURE The purpose of this section is to establish the minimum requirements for notice to be given with respect to procedural actions required elsewhere in this Code and amendments to the Zoning District Map. 113.1 Notice of Public Hearing Notice of a public hearing by the City shall be given as established below. Notice shall be required for amendment to the Official Zoning Map, appeals for modifications or variance in the Code or as required elsewhere in this Code. Where the public hearing is at the request of a private individual or developer (applicant), the applicant shall cause the provisions of this section to be implemented. Where the public hearing is initiated by the City, the City shall assume the responsibility of insuring that the provisions of this section are implemented. (1) Notice shall be given by publication of a legal notice in a newspaper of general circulation at least fifteen (15) days prior to the date of the hearing; provided, however, that variances related solely to subdivision platting shall not be required to publish a legal notice. (2) Adequate notice of the public hearing shall be provided to adjacent property owners. Notice of a public hearing shall be reasonably calculated to give actual notice and shall consist of the following: (a) Mailed Notice The applicant shall provide satisfactory evidence to the City of mailing the required notice to the adjacent property owners. Mailed notice shall be given at least 15 1-20 r days in advance of the scheduled public hearing. Unless otherwise provided, addresses for a mailed notice required by this Code shall be obtained by the applicant from the City's property tax records. All property tax owners within 200 feet and all owners of residentially-designated property within 500 feet shall be notified by mail. Unless the address is on file with the City, a person whose name is not in the tax records at the time of filing of an application, or of initiating other action not based on an application, need not be furnished mailed notice. The failure of a property owner to receive notice shall not invalidate an action if a good faith attempt was made to comply with the requirements of this section. ( The written notice shall contain the following information: (1) The date, time, and place of the hearing. (2) A description reasonably calculated to inform a person of the location of the property for which a permit, plat, or other action is pending, including but not limited to use of a map or postal address and a subdivision lot and block designation, a metes and bounds description or the tax map designation of the County Appraisal District. (3) The sections of the Code that are pertinent to the hearing procedure. (4) That the written documents may be examined and written comments accepted during normal business hours in the office of the Planning Department at City Hall. (b) Procedure for Posted Notice At least ten (10) days prior to the date of the hearing, the applicant shall cause to be placed on said land a sign or signs indicating the type of relief sought or the proposed change in status of the property and the day and time of review. The signs shall be placed at not more than three hundred (300) foot intervals across the property line fronting on existing streets and must be clearly visible from the street. Each sign shall be no greater than ten (10) feet from the property line and shall be no smaller than eighteen (18) inches by twenty-four (24) inches. 113.2 Notice Requirements Defined Requirements for notice, posting, and publication contained in this section shall be interpreted as established below. 1-21 (1) Notice by certified or regular mail shall refer to the date of deposit of such mail with the U.S. Post Office. (2) Posting shall refer to the posting or equivalent display of at least one (1) notice in a prominent, visible location on or near the subject property. (3) Publication shall refer to the date of publication of a legal notice in the official newspaper of the City. One (1) publication day shall be sufficient. (4) Affected owners and other interested persons shall be determined according to the current tax rolls of the City. (5) Each notice, whether by mail, posting or publication, shall include appropriate information pertaining to the general nature of the decision to be made, identity of the applicant (where applicable), the subject property (where applicable), the time and place of the meeting or hearing, and the address and telephone number of the office from which additional information may be obtained. 113.3 Hearing Procedures (1) A public hearing shall be held on the request for hardship relief at the next available Commission or Board meeting after submittal of the request. (2) The burden of proof for approving a hardship request, a variance, or a zone redesignation is upon the applicant. The more drastic the request or the greater the impact of the proposal on the area, the greater is the burden upon the applicant. The proposal shall be supported by proof that it conforms to the applicable elements of the Comprehensive Plan and to applicable standards of this Code. 114. CODES AND STANDARDS 114.1 Building Codes Nothing in this code shall relieve the developer of the additional responsibility of obtaining any other permits required by the City in enforcing its rules and regulations. The City has adopted the following documents related to building and construction (see Chapters 6, 7 and 8, Huntsville Code of Ordinances for the latest additions and amendments to these codes): 1-22 (1) The Standard Building Code Southern Building Code Congress International, Inc. (SBCC); - (2) The Standard Housing Code (SBCC); (3) The Standard Excavation and Grading Code (SBCC); (4) The Standard Swimming Pool Code (SBCC); (5) The Standard Mechanical Code (SBCC); (6) The Standard Gas Code (SBCC); (7) The Standard Plumbing Code (SBCC); (8) The National Electrical Code National Fire Protection Association (NFPA); and (9) The Standard Fire Prevention Code (SBCC). 114.2 Public Improvement Standards The developer shall construct all public improvements according to this code and the following manuals and specifications: (1) CONSTRUCTION SPECIFICATIONS FOR PUBLIC IMPROVEMENTS City of Huntsville, Texas, 1982; (2) STANDARD DRAWINGS FOR PUBLIC IMPROVEMENTS City of Huntsville, Texas, 1982. 1-23 SECTION 2: The Development Code adopted by reference in Chapter 30 of the Code of Ordinances of the City of Huntsville, Texas, is amended by the repeal of Chapter 4. Development Districts, as it presently exists and by the adoption of new Chapter 4. Development Districts that shall read as follows: CHAPTER 4. DEVELOPMENT DISTRICTS 401. ESTABLISHMENT OF DISTRICTS The City of Huntsville, Texas is hereby divided into the following general districts: Downtown. Management and Neighborhood Conservation. These districts are described in more detail in section 402. Additionally, the following overlay districts are created: Flood Hazard District and Airport Hazard District. The development standards within these districts are described in section 403. 401.1 Zoning District Map The boundaries of the respective districts enumerated in this section and section 402 are defined and established as depicted on the map entitled "OFFICIAL ZONING MAP OF THE CITY OF HUNTSVILLE, TEXAS" which is an integral part of this Code. This map, with all notations and explanatory matter thereon, shall be published as part of this Code. This Official Zoning Map shall be identified by the signature of the Mayor, attested by the City Secretary, and bear the following: "This is to certify that this is the Official Zoning Map of the City of Huntsville, Texas adopted on the .5th day of June, 1990." If in accordance with the provisions of the Code, changes are made in district boundaries or other matter portrayed on the Official Zoning Map, such changes shall be made on the Official Zoning Map after amendment has been approved by the City Council together with an entry on the Official Zoning Map as follows: "On (date), by official action of the City Council of the City of Huntsville, the following change(s) were made: (brief description with reference number of amending ordinance)." One copy of the Official Zoning Map is to be maintained and kept up-to-date in the office of the Secretary to the Planning and Zoning Commission, accessible to the public and shall be the final authority as to the current zoning status of properties in the city. In the event that the Official Zoning Map becomes damaged, destroyed, lost, obsolete or difficult to interpret because of the nature or number of changes made thereto, the City Council may, by ordinance, adopt a new official Zoning Map which shall supersede the prior Official Zoning Map. The revised zoning map, shall be identified by the signature of the Mayor, attested by the City Secretary and bear the seal of the City under the following words: "This is to certify that this is the 4-1 Official Zoning Map referred to in the Ordinance of the City of Huntsville, adopted on (day) day of (month), (year), which replaces and supersedes the Official Zoning Map which was adopted on the 5th day of June, 1990." 401.2 Interpretation of District Boundaries The following rules shall be used to determine the precise location of any designated district boundary of the City: (1) Boundaries shown or described as following or approximately following the City Limits shall be construed as following such limits. (2) Boundaries shown or described as following or approximately following streets shall be construed to follow the centerlines of such streets. (3) Boundary lines shown or described as following or approximately following platted lot lines or other property lines as shown on plats filed for record in the office of the County Clerk shall be construed as following such lines. (4) Boundaries shown or described as following or approximately following centerlines of streams, creeks, or other water courses shall be construed as following the channel centerline of such water courses and, in the event of a natural change in the location of such streams, creeks, or other water courses, the boundary line shall be construed as moving with the channel centerline. (5) Boundaries shown or described as separated from and parallel or approximately parallel to, any of the features listed in paragraphs (1) through (4) above shall be construed to be parallel to such features and at such distances as are shown on the map. 401.3 Amendments to District Boundaries (1) Authority to Amend The City Council may, from time to time, on its own motion, or on petition from a property owner, or on recommendation from the Planning and Zoning Commission, amend the boundaries of the zoning districts. Where an application for an amendment is submitted by a private person, it shall be accompanied by a fee as established by the duly adopted "Schedule of Fees". 4-2 (2) Planning and Zoning Commission Report Required Prior to any action to amend the zoning district map, the Planning and Zoning Commission shall review the proposal. The Commission shall submit a report containing its conclusions and recommendations to the City Council. (3) Public Hearing Required Prior to Amendments A joint public hearing shall be held by the City Council and Planning and Zoning Commission prior to approval or rejection of the reported recommendations of the Commission. Notice of the hearing shall be according to the procedures established in section 113. (4) Three-Fourths Majority Required A three-fourths (3/4) majority vote by the City Council is necessary to approve a zoning district map amendment where the proposed amendment is opposed by twenty percent (20%) or more of the property owners whose lands are lying within two hundred (200) feet of the site where the zoning classification change is sought. (5) Zoning Amendment Reapplication Limitation In order to insure the stability of land use within the City and in an effort to promote and protect the quality of life for the citizens of the City with respect to the use and enjoyment of their respective property, no reapplication for a zoning district map amendment will be accepted by the City within a period of twelve (12) months from the date of the City Council's denial of the initial application; provided,' however, that upon receipt of documented proof from the applicant that conditions have substantially and materially changed since the initial submission of the application, and upon further evidence that such changes justify a rehearing of the matter, the City Council may waive the mandatory holding period and accept a reapplication. 401.4 Designation of Annexed Property Territory annexed to the City shall be designated in the management district. 4-3 TABLE 4-1 ALLOWABLE USES GENERAL SIC GROUP DISTRICTS LAND USE DESCRIPTION MANAGEMENT DOWNTOWN NEIGHBORHOOD CATEGORIES CONSERVATION Residential Single-Family P P P Multi-Family P P Governmental * P P Public Utilities * P P P Agriculture 01 - 09 P Mining or Drilling 10 - 14 P Construction 15 - 17 P P Manufacturing 20 - 39 P P Transportation 40 - 47 P P Communications 48 P P Electric, Gas and Sanitary Services 49 P P P Wholesale Trade 50 - 51 P P Retail Trade 52 - 59 P P Finance, Insurance, and Real Estate 60 - 67 P P Services 70 - 89 P P P Permitted or allowable Uses * Not included in Standard Industrial Classification Code (SIC) 4-4 401.5 Land Use Standards The Table 4-1: ALLOWABLE USES lists those land use categories allowable in each district. Specific locational standards for individual lot types are contained in Chapters 5 and 6 of this Code. Except as hereinafter otherwise provided, no land or building shall be used, and no building, structure or improvement shall be made, erected, constructed, moved, altered, enlarged, or repaired, for any purpose or in any manner except in accordance with the requirements established in the district in which such land, building structure, or improvement is located, and in accordance with the provisions of this code. (1) Residential Uses The development of any residential use shall be permitted only in full compliance with the standards contained in Section 502 and Table 4-1. Residential uses are subdivided into the following categories: single-family residential and multi-family residential. Single-family residential uses include single-family detached and attached structures (see also Dwelling, Single-Family in Chapter 15 of this Code). (2) Non-Residential Uses All land uses not classified as residential are considered non-residential in nature. Table 4-1 lists the non-residential land uses according to major use category. Wherever possible, the group descriptions in the Standard Industrial Classification Manual (SIC) (1987) prepared by the Statistical Policy Division for the United States Office of Management and Budget shall be used to determine the classification of primary uses for accomplishing the purposes of this Code. A copy of the SIC manual shall be filed in the office of the Planning Department for inspection during normal business hours. 401.6 Accessory Uses and Buildings The following accessory uses are permitted in all Districts: (1) An attached or detached private garage. (2) Nonpaying guest houses or rooms for guests within an accessory building, provided such facilities are used only for the occasional and gratuitous housing of guests of the occupant of the principal building and not for permanent occupancy by others as a dwelling unit. (3) Sheds or tool rooms. (4) Children's playhouses. 4-5 (5) Vegetable or flower gardens. (6) Garden houses. (7) Private green houses. (8) Private tennis courts. (9) Private swimming pools. (10) Servant's quarters and similar uses customarily accessory to a residential use. 401.7 Home Occupatations (1) Intent It is the intent of this section to allow for and provide standards for the establishment of a home occupation in a neighborhood and to regulate the operation of a home occupation so that the average neighbor will be unaware of its existence. (2) Definition Home occupation means an accessory occupational use conducted entirely within a dwelling unit by the inhabitants thereof, which is clearly incidental to the use of the structure for residential purposes and does not change the residential character of the site; and provided that no article is sold or offered for sale except such as may be produced on the premises by members of the immediate family. clinics, doctor's offices, hospitals, insurance offices, barber shops, beauty parlors, dress shops, millinery shops, real estate offices, tearooms, tourist homes, animal hospitals, kennels, among others and as examples only, shall not be deemed to be home occupations. (3) Standards To operate a home occupation, the following standards shall be met: (a) the home occupation must be clearly incidental to the use of the dwelling as a residence; (b) no outdoor display or storage of materials, goods, supplies, or equipment shall be allowed; 4-6 (c) there shall be no changes to the exterior of the building nor any visible evidence or signs that the residence also contains a home occupation; (d) a home occupation shall not generate nuisances such as traffic, on-street parking, noise, electrical interference, or hazards; (e) the maximum area devoted to a home occupation shall be 25 percent of the gross floor area of the dwelling unit. 401.a Permit Required A person commits an offense if he uses land for a purpose not permitted in the district in which it is located. 402. Description of Districts 402.1 Management District (M) The Management District is the principal district in the City. All land not specifically designated within another district is designated as part of the Management District. All land uses are allowed within the district if they otherwise meet the standards of this Code. 402.2 Downtown District (D) This district, also called the Fire District is intended as an area of high intensity use on which a full range of public facilities are found. The standards and high densities prescribed for the district are designed to optimize utilization of in-place facilities. All Buildings in existence prior to the effective date of this Code shall be exempted from the off-street parking requirements as required in section 1301 of this Code. All buildings constructed after the effective date of this code shall meet the requirements of section 1301; provided, however, that if the computed number of required off-street parking spaces is less than ten (10) spaces, no off-street parking spaces need be provided. The limits of the district are shown on the Official Zoning District Map. 402.3 Neighborhood Conservation (NC) There exits in certain parts of the city areas of residential development which have been maintained exclusively for the purpose of single-family residential dwellings. To conserve the character and value of buildings and building sites existing in these areas and to protect the integrity of the neighborhood, the Neighborhood Conservation District is provided. 4-7 Uses permitted by right are: one single-family residential dwelling unit per lot (detached or attached dwellings), home occupations (see section 105), parks, playgrounds, public recreation facilities and community buildings, public service installations (utility and public service facilities and uses, except for storage yards, transformer stations and substations) and accessory uses as defined in Section 401.6. Permitted conditional uses are: churches, public schools and golf courses (excluding miniature golf and commercial driving ranges). 403. Overlay Districts 403.1 Flood Hazard District (1) Designation of Floodplain Hazard District (a) The floodway-flood boundary and floodway maps prepared for the City by the Federal Insurance Administration to be effective February 4, 1981, are hereby adopted. Copies of said maps shall be available in the offices of the Planning Department. (b) A person commits an offense if he makes any change to improved or unimproved real estate (including but not limited to buildings, structures, dredging, filling, grading, paving or excavation) within the floodplain without a development permit (reclamation of land) from the City (see section 106 of this code). (2) General Standards for Flood Hazard Reduction In all areas of special flood hazards the following provisions are required for all new construction and substantial improvements: (a) All new construction or substantial improvements shall be designed (or modified) and adequately anchored to prevent flotation, collapse or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy; (b) All new construction or substantial improvements shall be constructed by methods and practices that minimize flood damage; (c) All new construction or substantial improvements shall be constructed with materials resistant to flood damage; (d) All new construction or substantial improvements shall be constructed with electrical, heating, ventilation, plumbing, and air conditioning equipment and other service facilities 4-8 that are designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding; (e) All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the system; (f) New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters into the system and discharge from the systems into flood waters; and, (g) On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding. (3) Specific Standards In all areas of special flood hazards where base flood elevation data has been provided as set forth in 403.1 (1)(a), 403.1 (8)(h), or 403.1 (1)(4)(d), the following provisions are required: (a) Residential Construction New construction and substantial improvement of any residential structure shall have the lowest floor (including basement), elevated to or above the base flood elevation. A registered professional engineer, architect, or land surveyor shall submit a certification to the City prior to receiving a development permit that the standard of this subsection (403.1 (9)(a)) is satisfied. (b) Nonresidential Construction New construction and substantial improvements of any commercial, industrial or other nonresidential structure shall either have the lowest floor (including basement) elevated to or above the base flood level or, together with attendant utility and sanitary facilities, be designed so that below the base flood level the structure is watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy. A registered professional engineer or architect shall develop and/or review structural design, specifications, and plans for the construction, and shall certify that the design and methods of construction are in accordance with accepted standards of practice as outlined in this subsection. A record of such certification which 4-9 includes the specific elevation (in relation to mean sea level) to which such structures are floodproofed shall be maintained by the City as part of the permanent development permit file. (c) Enclosures New construction and substantial improvements, with fully enclosed areas below the lowest floor that are subject to flooding shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement must either be certified by a registered professional engineer or architect or meet or exceed the following minimum criteria: (1) A minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding shall be provided. (2) The bottom of all openings shall be no higher than one (1) foot above grade. (3) Openings may be equipped with screens, louvers, valves, or other coverings or devices provided that they permit the automatic entry and exit of floodwaters. (d) Manufactured Homes (1) All manufactured homes to be placed within Zone A, shall be installed using methods and practices which minimize flood damage. For the purpose of this requirement, manufactured homes must be elevated and anchored to resist flotation, collapse, or lateral movement. Methods of anchoring may include, but are not limited to, use of over-the-top or frame ties to ground anchors. This requirement is in addition to applicable State and local anchoring requirements for resisting wind forces. (2) All manufactured homes shall be in compliance with 403.1 (3)(a) (first floor elevation above flood level). (3) All manufactured homes to be placed or substantially improved within Zones Al-30, AH and AE on the City's FIRM shall be elevated on a permanent foundation such that the lowest floor of the manufactured home is at or above the base flood elevation; and be securely 4-10 anchored to an adequately anchored foundation system in accordance with the provisions of section 403.1 (3)(d)(1). (4) A person commits an offense if he places any manufactured home in the regulatory floodway in other than an existing manufactured home park or manufactured home subdivision. (4) Standards for Subdivision Proposals (a) All subdivision proposals including manufactured home parks and subdivisions shall be consistent with the provisions of section 104 (permit required). (b) The developer of subdivisions including manufactured home parks and subdivisions shall obtain a development permit (see section 104 of this code) prior to final platting. (c) Base flood elevation data shall be generated for subdivision proposals and other proposed development including manufactured home parks and subdivisions which are greater than 50 lots or 5 acres, whichever is lesser, if not otherwise provided pursuant to section 403.1 (1)(a), section 403.1 (8)(h) or elsewhere in this Code. (d) All subdivision proposals including manufactured home parks and subdivisions shall have adequate drainage provided to reduce exposure to flood hazards. (e) All subdivision proposals including manufactured home parks and subdivisions shall have public utilities and facilities (sewer, gas, electrical and water systems) located and constructed to minimize or eliminate flood damage. (5) Standards For Areas of Shallow Flooding (AO/AH Zones) Located within the areas of special flood hazard established in section 403.1 (1)(a), are areas designated as shallow flooding. These areas have special flood hazards associated with base flood depths of I to 3 feet where a clearly defined channel does not exist and where the path of flooding is unpredictable and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow; therefore, the following provisions apply: (a) All new construction and substantial improvements of residential structures shall have the lowest floor (including basement) elevated above the highest adjacent 4-11 grade at least as high as the depth number specified in feet on the city's FIRM (at least two feet if no depth number is specified). (b) All new construction and substantial improvements of nonresidential structures: (1) shall have the lowest floor (including basement) elevated above the highest adjacent grade at least as high as the depth number specified in feet on the city°s FIRM (at least two feet if no depth number is specified), or; (2) together with attendant utility and sanitary facilities be designed so that below the base flood level the structure is watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads of effects of buoyancy. (c) A registered professional engineer or architect shall submit a certification to the City which shall become part of the permanent development permit file that the standards of section 106.3, are satisfied. (d) Within Zones AH or AO the developer shall provide adequate drainage paths around structures on slopes, to guide flood waters around and away from proposed structures. (6) Floodways Floodways are located within areas of special flood hazard established in 403.1 (1)(a). Since the floodway is an extremely hazardous area due to the velocity of flood waters which carry debris, potential projectiles and erosion potential, the following provisions shall apply: (a) Encroachments are prohibited, including fill, new construction, substantial improvements and other development unless certification by a professional registered engineer or architect is provided demonstrating that encroachments shall not result in any increase in flood levels within the city during the occurrence of the base flood discharge. (b) Where section 403.1 (6)(a) above is satisfied, all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of sections 403.1 (2) and 403.1(3) 4-12 (7) Designation Of The Floodplain Administrator The City Engineer is hereby appointed the Floodplain Administrator to administer and implement the provisions of this ordinance and other appropriate sections of 44 CFR (National Flood Insurance Program Regulations) pertaining to flood plain management. (8) Duties & Responsibilities Of The Floodplain Administrator - Duties and responsibilities of the Floodplain Administrator shall include, but not be limited to, the following: (a) Maintain and hold open for public inspection all records pertaining to the provisions of this section. (b) Review permit applications to determine whether proposed building sites will be reasonably safe from flooding. (c) Review, approve or deny all applications for development permits required by adoption of this section. (d) Review permits for proposed development to assure that all necessary permits have been obtained from those Federal, State or local governmental agencies (including Section 404 of the Federal Water Pollution Control Act Amendments of 1972, 33 U.S.C. 1334) from which prior approval is required. (e) Determine the flood hazard boundary line where interpretation is needed as to the exact location of the boundaries of the areas of special flood hazards (for example, where there appears to be a conflict between a mapped boundary and actual field conditions). (f) Notify, in riverine situations, adjacent communities and the State Coordinating Agency which is the Texas Water Commission, prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Emergency Management Agency. (g) Assure that the flood carrying capacity within the altered or relocated portion of any watercourse is maintained. (h) Obtain, review and reasonably utilize any base flood elevation data and floodway data available from a Federal, State or other source, in order to administer the provisions of the section when base flood elevation data has not been provided in accordance with section 403.1 (1)(a). 4-13 (i) Require that no new construction, substantial improvements, or other development (including fill) shall be permitted within Zones Al-30 and AE on the City's FIRM, when a regulatory floodway has not been designated, unless it is demonstrated that the cumulative effect of the proposed development, when combined with all other existing and anticipated development, will not increase the water surface elevation of the base flood more than one foot at any point within the community. (9) Variance Procedures A developer may appeal the decision of the City when it is alleged there has been an error in any requirement, decision or determination in the enforcement or administration of the floodplain hazard district regulations. The procedure for an appeal shall be according to the hardship relief procedures contained in section 103 of this code. Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result. Prerequisites for granting variances are: (a) Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief. (b) Variances shall only be issued upon, (1) showing a good and sufficient cause; (2) a determination that failure to grant the variance would result in exceptional hardship to the applicant; and (3) a determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances. (c) Any application to whom a variance is granted shall be given written notice that the structure will be permitted to be built with the lowest floor elevation below the base flood elevation, and that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation. Variances may be granted by the City for new construction and substantial improvements and for other development necessary for the conduct of a functionally dependent use provided that (1) the criteria outlined in sections .103 and 403.1 (9) are met, and (2) 4-14 the structure or other development is protected by methods that minimize flood damages during the base flood and create no additional threats to public safety. 403.2 Airport Hazard District (1) Airport Zones In order to carry out the provisions of this section, there are hereby created and established certain zones which include all of the land lying within the approach zones, transitional zones, horizontal zones and conical zones as they apply to the airport. Such zones are shown on the Huntsville Municipal Airport Hazard Zoning Map and dated June 10, 1976, which is hereby adopted and made a part of this code. An area located in more than one of the following zones in considered to be only in the zone with the more restrictive height limitation. The various zones are hereby established and defined as follows: (a) Approach Zone The "runway larger than utility with a visibility minimum greater than three-fourths (3/4) mile nonprecision instrument approach zone" called Approach Zone. The inner edge of this approach zone coincides with the width of the primary surface (runway) and is five hundred (500) feet wide. The approach zone expands outward uniformly to a width of three thousand five hundred (3,500) feet at a horizontal distance of ten thousand (10,000) feet from the primary surface, its centerline being the continuation of the centerline of the runway. (b) Transitional zones. These zones are established as the area beneath the transitional surfaces. These surfaces extend outward and upward at ninety-degree angles to the runway centerline, and the runway centerline extends at a slope of seven (7) feet horizontally for each foot vertically from the sides of the primary approach surfaces to where they intersect the horizontal surface. (c) Horizontal zone. The horizontal zone is established by swinging arcs of ten thousand (10,000) feet radii from the center of each end of the primary surface of each runway, and connecting to the 4-15 adjacent arcs by drawing lines tangent to those arcs. The horizontal zone does not include the approach and transitional zones. (d) Conical zone. The conical zone is hereby established as the area that commences at the periphery of the horizontal zone and extends outward there from a horizontal distance of four thousand (4,000) feet. (2) Airport Zone Height Limitations Except as otherwise provided, no structure or tree shall be erected, altered, allowed to grow or be maintained in any zone within the Airport Hazard District created to a height in excess of the applicable height limit established for such zone. Where an area is covered by more than one height limitation the more restrictive height shall prevail. Such applicable height limitations are: (a) Approach Zone Slopes upward thirty-four (34) feet horizontally for each foot vertically beginning at the end of and at the same elevation as the primary surface and extending to a horizontal distance of ten thousand (10,000) feet along the extended runway centerline. (b) Transitional Zone Slopes upward and outward seven (7) feet horizontally for each foot vertically beginning at the sides of and at the same elevation as the primary surface and the approach zones, and extending to a height of one hundred fifty (150) feet above the airport elevation (363 feet above mean sea level). Additionally, there are established height limits sloping upward and outward (7) feet horizontally for each foot vertically beginning at the side of and at the same elevation as the approach zones, and extending to where they intersect the horizontal or conical surface. (c) Horizontal Zone One hundred and fifty (150) feet above the airport elevation or a height of five hundred and thirteen (513) feet above mean sea level. 4-16 (d) Conical Zone Slopes upward and outward twenty (20) feet horizontally for each foot vertically beginning at the periphery of the horizontal zone and at one hundred and fifty (150) feet above the airport elevation and extending to a height of three hundred and fifty (350) feet above the airport elevation. (3) Use Restrictions Notwithstanding any other provisions of this section, no use may be made of land or water within any airport hazard zone established by this Code in such a manner as to create electrical interference with navigational signals or radio communications between the airport and aircraft, make it difficult for pilots to distinguish between airport lights and other, result in glare in the eyes of pilots using the airport, impair visibility in the vicinity of the airport, or otherwise in any way create a hazard or endanger the landing, takeoff or maneuvering of aircraft intending to use the airport. (4) Nonconforming Uses (a) Regulation Not Retroactive The regulations prescribed by this code shall not be construed to require the removal, lowering or other changes or alterations of any structure or tree not conforming to the regulations as of October 15, 1976. (b) Marking and lighting The owner of any existing nonconforming structure or tree is hereby required to permit the installation, operation and maintenance of such markers and lights as shall be deemed necessary by the City to indicate to the operators of aircraft in the vicinity of the airport, the presence of such airport hazards. Such markers and lights shall be installed, operated and maintained at the expense of the City. 4-17 (5) Permits (a) Future uses No material change shall be made in the use of the land, and no structure or tree shall be erected, altered, planted or otherwise established in any airport hazard district zone hereby created unless a permit has been applied for and granted by the City. (1) However, a permit for a tree or structure of less than seventy-five (75) feet of vertical height above the ground shall not be required in the horizontal and conical zones or in any approach and transitional zones beyond a horizontal distance of four thousand two hundred (4,200) feet from each end of the runway except when such tree or structure, because of the terrain, land contour or topographic feature, would extend above the height limit prescribed for the respective zone. (2) Each application for a permit shall indicate the purpose for which the permit is desired with sufficient particulars to determine whether the resulting use, structure or tree would conform to the regulations herein prescribed. If such determination is in the affirmative, the permit shall be granted. (b) Existing uses No permit shall be granted that would allow the establishment or creation of an airport hazard or permit a nonconforming use, structure or tree to become a greater hazard to air navigation than it was on October 15, 1976. (c) Hazard marking and lighting Any permit or variance granted may, if such action is deemed advisable to effectuate the purpose of this code and to be reasonable in the circumstances, be so conditioned as to require the owner of the structure or tree in question to permit the City, at its own expense, to install, operate and indicate to pilots the presence of an airport hazard. 4-18 SECTION 3: The Development Code adopted by reference in Chapter 30 of the Code of Ordinances of the City of Huntsville, Texas, is amended by the addition to the Schedule of Fees (appendix one) the following fees: Application for Amendment to District Boundary - $0.00 Application for Conditional Use Permit - $0.00 Application for Nonconforming Use Permit - $0.00 SECTION 4: The Development Code adopted by reference in Chapter 30 of the Code of Ordinances of the City of Huntsville, Texas, is amended by the addition of a new Chapter 16. Miscellaneous Provisions that shall read as follows: CHAPTER 16. MISCELLANEOUS PROVISIONS 1601. PRESERVING RIGHTS IN PENDING LITIGATION AND VIOLATIONS UNDER OTHER EXISTING ORDINANCES This ordinance shall not be construed or held to repeal a former ordinance, whether such former ordinance is expressly repealed or not, as to any offense committed against such former ordinance or as to any act done, any penalty, forfeiture, or punishment so incurred or any right accrued or claim arising before this act takes effect, save only that the proceedings thereafter shall conform to the code in force at the time of the proceedings, so far as practicable. This section extends to all repeals, either by express words or implication. Nothing in this section, or any section of this code, shall be construed as abating any action now pending under or by virtue of any ordinance of the City herein repealed; or as discontinuing, abating, modifying, or altering any penalty accrued or to accrue, or as affecting the liability of any person, firm or corporation, or as waiving any right of the City under any code in force at the time of passage of this code. 1602. PENALTY FOR VIOLATIONS Any person or corporation violating any of the provisions of this Code shall, upon conviction, be fined any sum not exceeding one thousand dollars ($1,000.00) for each and every day that the provisions of the Code are violated and each violation shall constitute a separate and distinct offense. In addition to the said penalty provided for, the right is hereby conferred and extended upon any property owner owning property in any district, where such property owner may be affected or invaded, by a violation of the terms of the Code, to bring suit in such court or courts having jurisdiction thereof and obtain such remedies as may be available by law and equity in the protection of the rights of such property owners. 1603. VALIDITY OR SAVINGS CLAUSE Each section and each provision or requirement of any section of this code shall be considered separable, and invalidity of any portion of this code shall not affect the validity or the enforceability of any other portion. 16-1 SECTION 6: The City Secretary is hereby directed to cause the caption of this Ordinance to be published at least twice within ten days of final passage. This ordinance shall take effect ten (10) days after the date of final passage. PASSED AND APPROVED this 5th day of June, 1990. THE CITY tF HUNTSVILLE, TEXAS BY 2,�"f P / "Z' Jane on ay, mayor AT �-,gutbl beShaw. City Secretary APPRr AS TO R Sco t Bouncis, City Attorney RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: Ordinance 90-10 Employee Medical Benefit Plan 07-03-90 ORDINANCE NO. 90-10 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, AMENDING THE EMPLOYEE MEDICAL BENEFIT PLAN BY INCREASING DEDUCTIBLES, INCREASING LEVELS OF COINSURANCE, REDUCING MAXIMUM BENEFITS FOR CERTAIN COVERAGES, INCREASING CONTRIBUTION LEVELS, AND MAKING OTHER PROVISIONS AND FUNDING RELATED THERETO. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, THAT SECTION 1. The Employee Medical Benefit Plan for the City of Huntsville, Texas, is amended by amending Schedule of Benefits "A" as follows: I. Deductible Deductible Requirement - A deductible consisting of the first $300 of Covered Expenses incurred by a Covered Person during a calendar year (January 1 through December 31) will be applied before any benefit is payable, except that this requirement will not apply to expenses in connection with the first to occur of all accidents sustained by any one Covered Person during any single period of twelve (12) consecutive months. The calendar year deductible will apply to each Covered Person, except that not more than three (3) individual deductibles will be applied against Covered Expenses of any one family which are incurred during the same calendar year. Deductible Carry-over The amount of any Covered Expenses incurred during the final three (3) months of a calendar year which applied to the satisfaction of the deductible for that year shall also apply toward the deductible for the following year. Common Accident If a participant and one or more of his Covered Dependents incur Covered Expenses as a result of injuries received in the same accident, all Covered Expenses resulting from such accident and incurred during the same calendar year will be subject to no more than one calendar year deductible for such Participant and his Covered Dependents. This provision will not affect the deductible requirement for any other Covered Expenses. Hospital Admission In addition to the other deductibles provided for by this plan, a deductible equal to one (1) day semi-private room rate of the hospital entered will be applied to each hospital admission of a Covered Person before any benefit is payable for Covered Expenses from the hospital admission. SECTION 2: The Employee Medical Benefit Plan for the City of Huntsville, Texas, is amended by amending Schedule of Benefits "A" by amending Section II to read as follows: II. Coinsurance (not applicable to mental disorders, alcoholism or drug dependency - see "Covered Expenses") A. After satisfaction of the deductible requirement explained above, the Plan will pay 80% of the next $5,000 of all Covered Expenses incurred during a calendar year by a Covered Person, then 90% of the next $2,500 in Covered Expenses incurred, and then 10091* of Covered Expenses incurred by a Covered Person during the remainder of that calendar year, subject to Section IV. Maximum Benefits. * 80% in the event of Covered Expenses for which any other plan, as defined in Section 6.04, provides payment at the rate of 20% or more. B. After satisfaction of the deductible requirement, the Plan will pay 90% of covered expenses consisting of charges made by a Physician, Hospital or Free Standing Surgical Facility in connection with outpatient surgery. SECTION 3: The Employee Medical Benefit Plan for the City of Huntsville, Texas, is amended by amending Schedule of Benefits "A" by amending Section III to read as follows: III. Coverage at 100% The Plan will pay for 100% of Covered Expenses for: A. the first $300 of charges incurred within a period of seventy-two (72) hours of the time an accident occurs, in connection with accidental bodily injuries sustained by a Covered Person as a result of such accident. This benefit will apply only once to all accidents sustained in any single period of twelve (12) consecutive months. B. 100% of up to $100 per Covered Person per calendar year as Wellness care. SECTION 4: The Employee Medical Benefit Plan for the City of Huntsville, Texas, is amended by amending Schedule of Benefits "A" by amending Section IV to read as follows: IV. MAXIMUM BENEFITS The maximum amounts of benefits for charges incurred on account of sickness and/or injury of any one Covered Person are as follows: For all sicknesses and injuries combined - maximum lifetime $1,000,000. For mental disorders - maximum lifetime of $10,000. For alcoholism and/or drug dependency, separately or combined: Inpatient - Maximum Lifetime $10,000 Outpatient- Maximum Per Calendar Year $1,200 Outpatient- Maximum Lifetime $2,400 For chiropractic care (not including x-rays) - maximum per calendar year $750. SECTION 5: The rates to be charged for the Plan are: Employee Medical $100.18 Employee Dental $13.76 $113.94 Dependent Medical $179.76 Dependent Dental $12.24 $192.00 SECTION 6: All the changes made by this Ordinance shall take effect July 1, 1990, except, however, that the increase in deductible from $200 to $300 provided for by Section I shall take effect on January 1, 1991. PASSED AND APPROVED this SI-4day of 1990. CITY OF UNTSVILLE, TEXAS By 7 JANE NDAY, AYOR J Wthhaw, City Secretary APPRO�ED AS S 0 ORM: Sco t Bobnds, City Attorney RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: Ordinance 90-11 Sewer Users Bill Based on Usage 07-24-90 ORDINANCE NO. 90-11 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, AMENDING SECTION 17-21 OF THE CODE OF ORDINANCES TO PERMIT CERTAIN SEWER USERS TO BE BILLED BASED UPON METERED WATER CONSUMPTION OR WASTEWATER DISCHARGED; AND MAKING OTHER PROVISIONS RELATED HERETO. Be it ordained by the City Council of the City of Huntsville, Texas, that: SECTION 1: The Code of Ordinances of the City of Huntsville, Texas, is hereby amended by the repeal of Section 17-21(c) as presently constituted and by the adoption of a new Section 17-21(c) that shall read as follows: Section 17-21. Monthly charges for sewer . . . (c) Institutional users. (1) An institutional user is any person, corporation, agency of the State of Texas, or political subdivision which uses five percent (5Y) or more of the total water sold by the City or which discharges five percent (5q) or more of the wastewater treated by the City. (2) An institutional user shall pay to the City a monthly sewer service charge based upon the amount of wastewater discharged by the user into the City's publicly owned treatment works, as applied to the following rate: Gallons of Wastewater Amount or Rate Discharged per Month to be Charged Each 1,000 $1.35 (3) The amount of wastewater discharged by an institutional user shall be based upon and determined to be the metered amounts of water delivered to the user through lines which are connected to plumbing fixtures which then return wastewater to the City's publicly owned treatment works, or by wastewater metered connections authorized by the City Manager. SECTION 2: This ordinance shall take effect thirty (30) days from and after its passage by City Council. Approved and passed this day of nig, 1990. CITY OF HUNTSVILLE By Jdne Monday, Its Mayor ATTEST: eShaw, City Secretary APPROVED AS TO FORM: dl�Lz Scott Bounds, City Attorney RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: Ordinance 90-12 Signalized Intersections-W.Frontage Rd. 07-24-90 ORDINANCE NO. 90-12 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, AMENDING CHAPTER 12, MOTOR VEHICLES AND TRAFFIC, OF ITS CODE OF ORDINANCES BY ESTABLISHING SIGNALIZED INTERSECTIONS AT THE WEST FRONTAGE ROAD OF IH-45 AT SH-75 NORTH, AND FM-2821 AT FM-247; PROVIDING A PENALTY OF UP TO $200 A DAY; MAKING OTHER RELATED FINDINGS AND PROVISIONS RELATED THERETO; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, THAT: Section 1: The following described intersection be designated as a signalized intersection: Intersection Of At Interstate 45 West State Highway 75 North Frontage Road Farm Market Road 2821 Farm Market Road 247 Section 2: Schedule X, Signalized Intersections, of Chapter 12, Motor Vehicles and Traffic, of the Code of Ordinances of the City of Huntsville, Texas, shall be revised to reflect the amendments made by this ordinance. Section 3: It shall be unlawful for driver of a vehicle to disobey the instruction of the signs placed in accordance with the provisions of this ordinance, unless at the time otherwise directed by a Police Officer or authorized by state law. Section 4: Any person, firm or corporation violating any provision of this ordinance or failing to comply with any requirement of the ordinance will be guilty of a misdemeanor and subject to a fine of up to two hundred ($200.00) dollars upon conviction. Each day during or upon which said person shall violate or continue violation of any provision of this ordinance or non-compliance with any requirement of this ordinance shall constitute a distinct and separate offense. The violation of any provision of the ordinance or the failure to comply with any requirement of this ordinance shall each constitute a distinct and separate offense. Section 5: If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect any of the remaining provisions of this ordinance. Section 6: All ordinances and parts of ordinances in conflict with the provisions of this ordinance are hereby repealed; provided, however, that such repeal shall be only to the extent of such inconsistency and in all other respects this ordinance shall be cumulative of other ordinances regulating and governing the subject matter covered by this ordinance. Section 7: This ordinance shall take effect from and after ten (10) days from its passage by the City Council. The City Secretary is hereby directed to give notice hereof by causing the caption of this ordinance to be published in the official City newspaper at least twice within ten (10) days after the passage of this ordinance. PASSED AND APPROVED THIS day of 1990. THE CITY OF HUNTSVILLE By ��/"' Ja/nqe onday, Mayor i ATTEST: De haw, City Secretary APPROVED ASTO FORM: Scott Bounds, City Attorney RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: Ordinance 90-13 Preliminary Report on Rezoning Accepted 08-21-90 ORDINANCE NO. 90-1-3 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS ACCEPTING A PRELIMINARY REPORT ON REZONING BY THE PLANNING AND ZONING COMMISSION; CALLING A JOINT PUBLIC HEARING; AND MAKING OTHER PROVISIONS AND FINDINGS RELATED THERETO WHEREAS: the Planning and Zoning Commission has received a request to amend the Official Zoning Map and has prepared a preliminary report; and WHEREAS: the City Council desires to accept and approve that preliminary report and proceed with a public hearing regarding amending the Official Zoning Map; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, THAT: SECTION 1: A public hearing shall be held on the IS-tfi day of -PTEM RCJ� 1990, at rl',0 , p.m., in the council chambers at City Hall at 1212 Avenue M, Huntsville, Texas 77340. In accordance with Section 211.006 (a) of the Texas Local Government Code, any party in interest or citizen who desires to be heard on the proposed zoning district boundaries shall have an opportunity to be heard. SECTION 2: This public hearing shall be held jointly by the City Council and the Planning and Zoning Commission. SECTION 3: The City Secretary is hereby directed to give notice of the public hearing by (1) publishing notice of the time and place of the hearing in the Huntsville Item at least 15 days before the date of the hearing; and (2) sending notice to each owner within 200 feet and all owners of residentially designated property within 500 feet as indicated by the 1989 approved municipal tax roll, of real property in the city properly addressed with postage paid, by the United States mail, notice of the time and place of the hearing. The notice shall be deposited in the mail at least 10 days before the hearing date. SECTION 4: The notice shall be sent in substantially the following form: CITY OF HUNTSVILLE PUBLIC HEARING NOTICE Re: Consideration of a Change in Zoning The Huntsville City Council and the Planning and Zoning Commission will hold a joint public hearing at the time and date specified below in the City Hall Council Chambers at 1212 Avenue M to take testimony concerning a proposed zoning amendment near or including your property. Copies of the proposed amendment are available at the City Hall at 1212 Avenue M from the Planning Department. You are encouraged to attend this hearing and see that your thoughts are expressed. If you cannot attend, you may submit comments in writing between now and the closing of the public hearing. If you have any questions regarding this notice, please call the Planning Department at 409-291-5410 between 8:00 a.m. and 5:00 p.m. Submit comments to: Date: SEPTEMBER 18, 1990 City of Huntsville Planning and Zoning Commission Time: 7:00 P.M. 1212 Avenue M Huntsville, Texas 77340 SECTION 5: This ordinance shall take effect immediately upon its passage. Passed this day of / 1990 i l he City of Huntsville By Jane,JIonday, its Mayor At ///j 'J�' z��4A- 7 / 1 Reshaw, City Secretary Ap ro d to fo t Bo nd , City Attorney RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: Ordinance 90-14 Demolition of Certain Buildings-Amends Ch.6 08-21-90 ORDINANCE NO. qO_r4 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, AMENDING ARTICLE II., DEMOLITION OR REPAIR OF DILAPIDATED OR SUBSTANDARD BUILDINGS, OF CHAPTER 6, BUILDINGS AND BUILDING REGULATIONS, OF THE CODE OF ORDINANCES OF THE CITY OF HUNTSVILLE, TEXAS; PROVIDING PUBLIC HEARINGS FOR DEMOLITION OF CERTAIN BUILDINGS; ALTERING NOTICE REQUIREMENTS; AND MAKING OTHER PROVISIONS RELATED THERETO. Be it ordained by the City Council of the City of Huntsville, Texas, that: SECTION 1: Chapter 6 of the Code of Ordinances of the City of Huntsville, Texas, is amended by the repeal of Article II and by the adoption of a new Article II that read as follows: ARTICLE II. DEMOLITION OR REPAIR OF DILAPIDATED OR SUBSTANDARD BUILDINGS Sec. 6-20. Dilapidated, substandard or unfit buildings. (a) Any building or structure including a mobile home which is not suitable for continued use and occupancy may be vacated, secured, repaired, removed or demolished by the City if it constitutes a hazard to the health, safety and welfare of the general public or its occupants and if it is a dilapidated, substandard or unfit building. (b) A building does not meet minimum standards for the continued use and occupancy regardless of the date of its construction if: (1) Any means of egress or portion thereto is not of adequate size or is not arranged to provide a safe path of travel in case of fire or panic. (2) Any means of egress or portion thereof, such as but not limited to, fire doors, closing devices, fire resistance ratings, are in disrepair or in a dilapidated or nonworking condition such that the means of egress could be rendered unsafe in case of fire or panic. (3) The stress in any materials, member or portion thereof, due to all imposed loads including dead load exceeds the working stresses allowed in the Standard Building Code for new buildings. (4) A building, structure or portion thereof has been damaged by fire, flood, earthquake, wind or other cause to the extent that the structural integrity of the buildings or structures is less than it was prior to the damage and is less than the minimum requirement established by the Standard Building Code for new buildings. (5) Any exterior appendages or portion of a building or structure is not securely fastened, attached or anchored such that it is capable of resisting wind, seismic or similar loads as required by the Standard Building Code for new buildings. (6) For any reason a building, structure or portion thereof is manifestly unsafe or unsanitary for the purpose for which it is being used. (7) Any building, structure or portion thereof as a result of decay, deterioration or dilapidation is likely to fully or partially collapse. (8) Any building, structure or portion thereof has been constructed or maintained in violation of a specific requirement of the Standard Codes or of a city, county or state law. (9) Any building, structure or portion thereof is in such a condition as to constitute a public nuisance. (10) Any building, structure or portion thereof is unsafe, unsanitary or not provided with adequate egress, or which constitutes a fire hazard, or is otherwise dangerous to human life, or which in relation to existing use, constitutes a hazard to safety or health by reason of inadequate maintenance, dilapidation, obsolescence or abandonment. Sec. 6-21. Action required. (a) The building official shall inspect any building, structure or portion thereof that is or may be unsafe. (b) After the building official has inspected a building and has determined that such building or a portion thereof is dilapidated or substandard, the building official shall initiate proceedings to cause the abatement of the unsafe condition by repair, vacation or demolition or combination thereof. Sec. 6-22. Notice to owner of intent to demolish dilapidated, substandard or unfit building; public hearing required. (a) The building official shall prepare a notice of dangerous building directed to the owner of the building. The notice shall contain: (1) The street address and identification of the building, structure or premise; (2) A physical description of the building; (3) A declaration that the building has been found dilapidated, substandard or unfit by the building official and a detailed report documenting the conditions rendering the building unsafe; (4) A statement advising that if the required action is not commenced within or completed by the time specified, the building will be ordered vacated and posted to prevent further occupancy until the work is completed; (5) A statement that the building may be repaired, removed or demolished by the city and all expenses incurred assessed against the building, the land on which it stood and/or the owner; (6) A statement that any person with an interest in the building may appeal within fifteen (15) days and in writing such proposed action to the board of adjustments and appeals; failure to appeal shall constitute a waiver of all rights to an administrative hearing; and (7) The date, time and place for a public hearing to determine whether the building complies with minimum standards for continued use and occupancy. (b) The notice shall be served, either personally or by certified mail, to the owner at the owners last known address. The notice shall be served on: (1) Any person having legal interest in the property as shown by the city's current tax records; (2) Any person paying a utility service bill for the property; (3) Any person actually occupying the property or building; and (4) Each mortgage and lienholder having an interest in the building or in the property or which the building is located. (c) If the building official is unable to determine the owner, or notice is returned unserved, notice may be served by: (1) Publication in the city's official newspaper two (2) times not more than fourteen (14) nor less than ten (10) days apart, and (2) Posting on the front and rear doors of the structure for ten (10) days. (d) A copy of the notice shall be filed in the deed records of Walker County, Texas. Sec. 6-23. Vacation of building. (a) If a building or structure poses an immediate hazard to life or safety of the public, it shall be ordered vacated immediately. (b) Every notice to vacate, in addition to complying with section 6-42(a) shall be posted on each entrance and exit to the building and shall state: THIS BUILDING IS UNSAFE AND ITS USE OR OCCUPANCY HAS BEEN PROHIBITED BY THE BUILDING OFFICIAL. (c) Such notice to vacate shall remain posted until required repairs or demolition is completed. Sec. 6-24. Appeals to board. (a) Any person aggrieved or affected by any decision of the building official may appeal such decision to the board of adjustments and appeals. Such appeal shall be filed in writing in the building official's office within fourteen (14) days after the decision has been rendered by the building official. (b) An appeal shall stay all proceedings in furtherance of the action appealed from unless the city building official certifies to the satisfaction of the board that by reason of facts stated in the certification a stay would cause imminent peril to life or property. Sec. 6-25. Decision by board. (a) The board may, after public notice and public hearing, take action relative to the continuance or discontinuance of dilapidated, substandard or unfit buildings or structures. In particular, the board may: (1) Permit repair of substandard structures subject to requirements pertaining to the structure or premises deemed necessary by the board; (2) Require vacation of buildings deemed unfit for human use or habitation; (3) Require demolition of structures deemed dilapidated, substandard or unfit. (b) The final decision of the board shall be in writing. A copy shall be served on the appellant either personally or by certified mail. (c) The final decision of the board shall not deprive appellant of seeking redress in any civil court of law, provided, however, such appeal must be filed within fifteen (15) days of the board's final decision. Sec. 6-26. Demolition of property. (a) Whenever the required repair, vacation or demolition is not commenced or completed within the time designated by the building official or board, the building shall be posted. (b) Subsequent to posting the building, the building official may cause the building or structure to be demolished, removed and/or repaired. (c) The building official may approve one or more extensions of time as the building official may determine to be reasonable to complete the required repair or demolition. Such extension requests shall be made in writing stating the reasons therefor. If the extension in time exceed one hundred twenty (120) days, they must also be approved by the board. Sec. 6-27. Recovery of expenses for repair, removal, vacation and/or demolition. (a) The building official shall keep an accurate record of all expenses of demolition, removal and/or repair. All such expenses, less any salvage recover, shall be levied, assessed and collected by the tax office. (b) Any monies received from sale of a building or from demolition thereof, over and above expenses incurred, shall be paid to the owner of record or other persons lawfully entitled thereto. (c) In the event that such charges are not paid when due, the tax collector shall file with the Walker County Clerk a sworn statement of the building official of the expenses incurred, and the City of Huntsville shall thereby perfect a privileged lien on the property involved, second only to tax and street improvement liens, together with nine (9) per cent interest from the date such payment was due. Sec. 6-28. Offenses defined. (a) A person commits an offense if the person removes or defaces a notice posted by the building official without written permission from the building official. (b) A person commits an offense if the person enters any building posted with a notice to vacate by the building official without the written permission of the building official, except for purposes of making required repairs or demolishing the same. (c) A person commits an offense if the person obstructs or interferes with the implementation of any action required by the final notice of the building official or the board. SECTION 2: This ordinance shall take effect immediately upon its passage by City Council. Approved and passed this �Ja day of 1990. TY OF HUNTSVILLE ATTEST: By J n Monday, Its Mayor %� Ru eShaw, City Secretary APPRV U AS �'Y4 I S t Bound City At orney i §214.001 LOCAL GOVERNMENT CODE building to be vacated,secured,repaired,removed, §214.0015. Additional standard Builority ding ng Regarding Sub. ordemolished by the owner or for the occupants to be relocated by the owner and an additional reason- (a)This section applies only to a municipality that able time for the ordered action to be taken by any has adopted an ordinance under Section 214.001. of the mortgagees or lienholders in the event the (b)In addition to the authority granted to the owner fails to comply with the order within the time municipality by Section 214.001,after the expiration provided for action by the owner. Under this sub- of the time allotted under Section 214.001(c)or(d) section,the municipality is not required to furnish for the repair,removal,or demolition of a building, any notice to a mortgagee or lienholder other than a the municipality may: copy of the order in the event the owner fails to (1)repair the building at the expense of the timely take the ordered action. municipality and assess the expenses on the land t (e)If the building is not vacated, secured, re- on which the building stands or to which it is #j paired, removed, or demolished, or the occupants attached and may provide for that assessment, are not relocated within the allotted time,the mune- the mode and manner of giving notice,and the ipality may vacate,secure,remove,or demolish the means of recovering the repair expenses; or j building or relocate the occupants at its own ex- (2)assess a civil penalty against the property pense. owner for failure to repair,remove,or demolish (f)If a municipality incurs expenses under Sub- the building and provide for that assessment,the section (e), the municipality may assess the ex- mode and manner of giving notice,and the means penes on,and the municipality has a lien against of recovering the assessment } unless it is a homestead as protected by the Texas (c)The municipality may repair a building under Constitution, the property on which the building Subsection(b)only to the extent necessary to bring li was located. The lien is extinguished if the proper- the building into compliance with the minimum afl ty owner or another person having an interest in the dards and only if the building is a residential bold legal title to the property reimburses the municipali- ing with 10 or fewer dwelling units. The repairs t ty for the expenses. The lien arises and attaches to may not improve the building to the extent that the the property at the time the notice of the lien is building exceeds minimum housing standards. recorded and indexed in the office of the county (d)The municipality shall impose a lien a clerk in the county in which the property is located. the land on which the building stands or attxd, y The notice must contain the name and address of unless it is a homestead as protected by the Tema the owner if that information can be determined Constitution,to secure the payment of the repair with a reasonable effort,a legal description of the removal,or demolition expenses or the civil penal,_ real property on which the building was located,the promptly after the imposition of the lien,them amount of expenses incurred by the municipality, ipality must file for record,in recordable form; +7777 and the balance due. the office of the county clerk of the county in w I (g)If the notice is given and the opportunity to the land is located,a written notice of the impos' repair,remove,or demolish the building is afforded of the lien. The notice must contain a legal d to each mortgagee and lienholder as authorized by tion of the land. ,g. Subsection(c)or(d), the lien is a privileged lien (e)Except as provided by Section 214.001;'.. subordinate only to tax liens and all previously municipality's lien to secure the payment of a' s attached to the penalty or the costs of repairs,removal,or recorded bona fide mortgage liend real property to which the municipaliWS lien at- tion is inferior to any previously recorded bona iI taches. mortgage lien attached to the real property tow.. t{ Acts 1987,70th Leg.,ch. 149, §1,eff.Sept 1, 1987. the municipality's lien attaches if the mortgage. Amended by Acts 1989,71st Leg.,ch.1,§870),eff.Aug. was filed for record in the office of the county 28,1989; Acts 1989,71st Leg.,ch.743,§1,eff.Aug.28, of the county in which the real property is I _ 1989. before the date the civil penalty is assessed or, sl Section 5 of Acts 1969,71st Leg.,ch.743 provides_ 1 and repair,removalor detion is beby g� 'The dmnges in law made by this Act to Sections 214.00 , Won 214.0015,Local Government Code,apply only to a building for nicipality. The municipality's lien is superiors which the public hearing required by Section 214.001, I.oml other reviousl recorded judgment lien. Government Code,is held on or after the effective date of this Act P Y A building for which the public hearing was held before that date (fl Any civil penalty or other assessment im is governed by the law in effect at the thne the hearing was held, and the former law is continued in effect for that purpose. under this section accrues interest at the rate• 300 .r ,I I LAND USE &RELATED ACTIVITIES §214.003 percent a year from the date of the assessment until (c)The governing body may punish by a fine, paid in full. confinement in jail,or both a person who does not (g)The municipality's right to the assessment comply with an order issued under Subsection(aX1). lien may not be transferred to third parties. Acts 1987, 70th Leg.,ch. 149, §1, eff. Sept. 1, 1987. Amended by Acts 1989,71st Leg.,ch.743,§4,eff.Aug. (h)In any judicial proceeding regarding enforce- 28,1989. ment of municipal rights under this section, the §214.003. Receiver prevailing party is entitled to recover reasonable attorney's fees from the nonprevailing party. (a) A home-rule municipality may bring an ac- tion in district court against an owner of residential (i)A lien acquired under this section by a munici- property that is not in substantial compliance with -' pality for repair expenses may not be foreclosed if the municipal ordinances regarding: the property on which the repairs were made is (1)fire protection; occupied as a residential homestead by a person 65 (2)structural integrity; years of age or older. (3)zoning; or { Acts 1989,71st Leg.,ch.1,§49(a),eff.Aug.28,1989. (4)disposal of refuse. Amended by Acts 1989,71st Leg.,ch.743,§§2,3,eff. Aug,28,1989, _ (b)The court may appoint as a receiver for the. Section 5 of Acts 1989,71st Us.,ch.743 provides: property a nonprofit organization with a demon- '-rhe changes in law made by this Act to Sections 214.001 and strated record of rehabilitating residential proper- 214.0015,Loral Government Code,apply only to a building for ties if the court finds that: which the public hearing required by Section 214.001, local Government code,is held on or after the effective date of this Act (1)the structures on the property are in viola- A bolding for which the public hearing was held before that date tion of the standards set forth in Section 214.- is 14:is governed by the law in effect at the time the hearing was held, 001(b)and an ordinance described by Subsection and the former law is continued in effect for that purpose." A - �i §214.002. Requiring Removal or Demolition of (2)notice of violation was given to the record ; f Building or Other Structure owner of the property; and (a)If the governing body of a Type A general-law (3)a public hearing as required by Section 214: )w municipality finds that a building,fence,shed,awn- 001(c)has been conducted. ing,or other structure,or part of a structure,is (c)For the purposes of this section,if the record likely to fall and endanger persons or property,the owner does not appear at the hearing required by - l governing body may: Section 214.001(c),the hearing shall be conducted as 1 if the owner had personally appeared. (1)order the owner of the structure,the own- of a agent,or the owner or occupant of the prop- (d)In the action,the record owners and any lien- erty on which the structure is located to remove holders of record of the property shall be served or demolish the structure, or the part of the with personal notice of the proceedings or,if not f ,. structure,within a specified time; or available after due diligence, may be served by publication. Actual service or service by publica- (2)remove or demolish the structure, or the tion on the record owners or penholders constitutes part of the structure,at the expense of the munic- notice to all unrecorded owners or lienholders. ipality,on behalf of the owner of the structure or the owner of the property on which the structure The court may issue,on a showing of i the is located,and assess the removal or demolition Henntt risk of injury to any person occupying the expenses on the property on which the structure property or a person in the community,any manda- was located. tory or prohibitory temporary restraining orders and temporary injunctions necessary to protect the (b)The governing body shall provide by ordi- public health and safety. 'mace for. (f)A receiver appointed by the court may: (1)the assessment of removal or demolition (1)take control of the property; expenses incurred under Subsection(a)(2); (2)collect rents due on the property; j (2)a method of giving notice of the assessment; (3)make or have made any repairs rr,cessary to "4d:suid bring the property into compliance with minimum - r.. (3)a method of recovering the expenses. standards in local ordinances; 301 n Rt. �� 1 RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: Ordinance 90-15 Condemnation Proceedings on Hwy.75 08-21-90 ORDINANCE NO. 90-15 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, ORDERING THE CITY ATTORNEY TO INSTITUTE CONDEMNATION PROCEEDINGS TO ACQUIRE AND EASEMENT FOR UTILITIES AND SIDEWALKS ACROSS THE BARRETT PROPERTIES ADJACENT TO HIGHWAY 75 AND MAKING OTHER FINDINGS AND PROVISIONS RELATED THERETO. Whereas the City Engineer has determined, and City Council finds, that it is necessary for public convenience and necessity to acquire the land described in exhibit "A" in order to relocate utilities and construct sidewalks for the State Highway 75 widening project; and Whereas the City and the owners of these properties are precluded by law from voluntarily agreeing upon a purchase price for the easements needed by the City; Now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS THAT: SECTION 1: The City Attorney is authorized and directed to institute condemnation proceedings on behalf of the City of Huntsville to acquire the property described in exhibit "A". SECTION 2: The funds for this acquisition shall be paid from Capital Improvements Budget Hwy 75 project, account # 07-62-9661. SECTION 3: This Ordinance shall take effect immediately upon its adoption. ADOPTED THIS�� DAY OF l.!/!,f A.D. THE CITY OF HUNTSVILLE BY /- JANE MONDAY, MAYOR ATTEST: �DeShaw. it Secretary AP ROED AS 0 tt Bou s, City Attorney RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: Ordinance 90-16 Alters Length of Parking Time on Various St. 08-21-90 ORDINANCE NO. 90-16 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, AMENDING CHAPTER 12, MOTOR VEHICLES AND TRAFFIC, OF ITS CODE OF ORDINANCES, BY ALTERING THE PERMITTED LENGTH OF TIME FOR PARKING ON UNIVERSITY AVENUE, SAM HOUSTON AVENUE, 11TH STREET AND 12TH STREET IN THE VICINITY OF THE COURTHOUSE; PROVIDING A PENALTY OF UP TO $200 PER DAY FOR CERTAIN VIOLATIONS; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE PARKING ZONES; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, that: Section 1: The following described curb zone and area is designated as No Parking Zones: SIDE STREET NAME TYPE OF LIMIT OF STREET LIMITS Sam Houston Ave. 30 Minute East 11th St. to 12th St. 8 - 5 Mon. Fri. Only Sam Houston Ave. 2 Hour East 12th St. to 13th St. 8 - 5 Mon. - Fri. Only Sam Houston Ave. 2 Hour East 13th St. to 200' South of 13th St. 8 - 5 Mon. - Fri. Only Sam Houston Ave. 1 Hour West 11th St. to 12th St. 8 - 5 Mon. Fri. Only Sam Houston Ave. 2 Hour West 12th St. to 13th St. 8 - 5 Mon. - Fri. Only Sam Houston Ave. 2 Hour ---- Public Parking lot at at 11th St. Corner 8 - 5 Mon. - Fri. Only University Ave. 2 Hour Both 11th St. to 200' North of 11th St. 8 - 5 Mon. - Fri. Only University Ave. 1 Hour West 11th St. to 12th St. 8 - 5 Mon. - Fri. Only University Ave. 2 Hour East 11th St. to 12th St. 8 - 5 Mon. - Fri. Only University Ave. 2 Hour Both 12th St. to 200' South of 13th Street 8 - 5 Mon. - Fri. Only L 11th Street 2 Hour North Sam Houston Avenue to University Ave. 8 - 5 Mon. - Fri. Only 11th Street 2 Hour North 150' West of Avenue J to University Avenue. 8 - 5 Mon. - Fri. Only 11th Street 30 Minute South Sam Houston Ave. to University Avenue 8 - 5 Mon. - Fri. Only 12th Street 1 Hour North Sam Houston Avenue to University Avenue 8 - 5 Mon. - Fri. Only 12th Street 2 Hour South Sam Houston Avenue to University Avenue 8 - 5 Mon. - Fri. Only 12th Street 2 Hour Both Avenue I to University Avenue 8 - 5 Mon. - Fri. Only 12th Street 2 Hour Both Sam Houston Avenue to Avenue M 8 - 5 Mon. - Fri. Only 12th Street 2 Hour North 200' West of Sam Houston Avenue to Avenue J 8 - 5 Mon. - Fri. Only 12th Street 2 Hour South 100' West of Sam Houston Avenue to Avenue J 8 - 5 Mon. - Fri. Only 13th Street 2 Hour Both Avenue J to Sam Houston Avenue 8 - 5 Mon. - Fri. Only 13th Street 2 Hour North 100' West of Sam Houston Avenue to University Ave 8 - 5 Mon. - Fri. Only 13th Street 2 Hour North Avenue J to 150' East of Avenue J 8 - 5 Mon. - Fri. Only 13th Street 2 Hour South Sam Houston Avenue to University Avenue 8 - 5 Mon. - Fri. Only Section 2: Schedule III, No Parking Zones, of Chapter 12, Motor Vehicles and Traffic, of the Code of Ordinances of the City of Huntsville, Texas, shall be revised to reflect the amendments made by this Ordinance. Section 3: The City Manager is hereby authorized and directed to cause the posting of proper signs along the above described streets and parking zones. Section 4: It shall be unlawful for a driver of a vehicle to disobey the instructions of the signs placed in accordance with the provisions of this Ordinance, unless at the time otherwise directed by a police officer Section 5: Any person, firm, or corporation violating any provisions of this Ordinance or failing to comply with any requirement of this Ordinance will be guilty of a misdemeanor and subject to a fine of up to Two Hundred Dollars ($200.00) upon conviction. Each day during or upon which said person shall violate or continue violation of any provision of this Ordinance or non-compliance with any requirement of this Ordinance shall constitute a distinct and separate offense. The violation of any provision of this Ordinance or the failure to comply with any requirement of this Ordinance shall each constitute a distinct and separate offense. Section 6: If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held invalid or unconstitutional, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect any of the remaining provisions of this Ordinance. Section 7: All Ordinances and parts of Ordinances in conflict with the provisions of this Ordinance are hereby repealed; provided, however, that such repeal shall be only to the extent of such inconsistency and in all other respects this ordinance shall be cumulative of other Ordinances regulating and governing the subject matter covered by this Ordinance. Section 8: The City Secretary is hereby directed to cause the caption of this Ordinance to be published at least twice within ten days of final passage. This ordinance shall take effect ten (10) days after the date of final passage. PASSED AND APPROVED this day of 1990. THE CITY,Q HUNTSVILLE r // / By / G l7% iGL Jane h�6nday, Mayor ATTEST: ut eShaw, City Secre dry APPRO ED AS TO two Scott Bour@9, City Attorney RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: Ordinance 90-17 No Parking`Lone-Boettcher Dr.-School Days 08-21-90 ORDINANCE NO. 90:-ff AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, AMENDING CHAPTER 12, MOTOR VEHICLES AND TRAFFIC, OF ITS CODE OF ORDINANCES, BY ESTABLISHING NO PARKING, STANDING, OR STOPPING ZONE ON THE SOUTH SIDE OF BOETCHER DRIVE FROM HARDY STREET TO BETO STREET ON SCHOOL DAYS; PROVIDING A PENALTY OF UP TO $200 PER DAY FOR CERTAIN VIOLATIONS; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE PARKING ZONES; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, that: Section 1: The following described curb zone and area is designated as a No Parking, Standing, or Stopping Zone: Street Name Side of Street Limits Boetcher Drive South From Hardy Street to Beto Street between 7:30 am and 4:30 pm on School Days only Section 2: Schedule III, No Parking Zones, of Chapter 12, Motor Vehicles and Traffic, of the Code of Ordinances of the City of Huntsville, Texas, shall be revised to reflect the amendments made by this Ordinance. Section 3: The City Manager is hereby authorized and directed to cause the posting of proper signs along the above described streets and parking. zones. Section 4: It shall be unlawful for a driver of a vehicle to disobey the instructions of the signs placed in accordance with the provisions of this Ordinance, unless at the time otherwise directed by a police officer Section 5: Any person, firm, or corporation violating any provisions of this Ordinance or failing to comply with any requirement of this Ordinance will be guilty of a misdemeanor and subject to a fine of up to Two Hundred Dollars ($200.00) upon conviction. Each day during or upon which said person shall violate or continue violation of any provision of this Ordinance or non-compliance with any requirement of this Ordinance shall constitute a distinct and separate offense. The violation of any provision of this Ordinance or the failure to comply with any requirement of this Ordinance shall each constitute a distinct and separate offense. Section 6: If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held invalid or unconstitutional, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect any of the remaining provisions of this Ordinance. Section 7: All Ordinances and parts of Ordinances in conflict with the provisions of this Ordinance are hereby repealed; provided, however, that such repeal shall be only to the extent of such inconsistency and in all other respects this ordinance shall be cumulative of other Ordinances regulating and governing the subject matter covered by this Ordinance. Section 8: The City Secretary is hereby directed to cause the caption of this Ordinance to be published at least twice within ten days of final passage. This ordinance shall take effect ten (10) days after the date of final passage. PASSED AND APPROVED this �day of 1990. THE CI TI OF HUNTSVILLE By .i J�'hionday, P yor" ATTEST- r t eShaw, City Secretary APPR J �AS�TO FOR . Scott Bounds, ity Attor j RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: Ordinance 90-18 Dump Truck-Approves Claim&Delivery of C.O. 08-28-90 ORDINANCE NO. 90- 18 AN ORDINANCE APPROVING CLAIM AND DELIVERY OF CERTIFICATES OF OBLIGATION; AND CONTAINING OTHER PROVISIONS RELATED HERETO. WHEREAS the City Council of the City of Huntsville, Texas (City), by Ordinance No. 89-37, found that it was advisable for the City to purchase one 12 yard diesel powered dump truck and that Certificates of Obligation be issued by the City for all or any part of the cost of same; and WHEREAS the notice for the action to issue Certificates of Obligation was published at the times and in the manner required by law; and WHEREAS the City awarded a contract to Holland Chevrolet in the amount of $49,184.00 as the lowest and best bid for the purchase of the 12 yard diesel powered dump truck; and WHEREAS the City Council wishes to authorize payment thereof and delivery of the Certificates of Obligation. THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, THAT: Section 1: There is now due and owing to Holland Chevrolet the sum of $49,184.00. Section 2: The Certificates of Obligation herein authorized to be delivered shall bear interest at the rate of 7.24% per annum from date of initial delivery shown on the face of such certificate. Section 3: There shall be executed and delivered to Holland Chevrolet a Certificate of the City of Huntsville, Texas, Equipment Acquisition Certificate of Obligation, dated August 28, 1990. Section 4: The Mayor, City Secretary and other appropriate City officials are hereby authorized and directed to deliver the Certificate and to do any and all things necessary or convenient to carry out the terms of this ordinance. INTRODUCED, READ AND PASSED by the unanimous vote of the City Council of the City of Huntsville, on this the 28th day of August, 1990. CITY tHUNTSVILLE, TEXAS 7 onday, its Mayor ATTEST: th�D.Sh.., City Secretary APPRO D AS TO FORM: L4 // a'L� /— Scott Bounds, City Attorney RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: Ordinance 90-19 Adopt Op.&Cap.Imp.Bud. 09-18-90 ORDINANCE NO. 90-19 AN ORDINANCE FINDING THAT ALL THINGS REQUISITE AND NECESSARY HAVE BEEN DONE IN PREPARATION AND PRESENTMENT OF AN ANNUAL BUDGET; APPROVING AND ADOPTING THE OPERATING AND CAPITAL IMPROVEMENTS BUDGET FOR THE CITY OF HUNTSVILLE, TEXAS, FOR THE PERIOD OCTOBER 1, 1990 THROUGH SEPTEMBER 30, 1991; AND PROVIDING FOR AN EFFECTIVE DATE HEREOF. WHEREAS the Charter of the City of Huntsville, Texas, and the statutes of the State of Texas require that an annual budget be prepared and presented to the City Council of the City of Huntsville, Texas, prior to the beginning of the fiscal year of such City, and that a public hearing be held prior to the adoption of such budget; and WHEREAS the budget for the year October 1, 1990, through September 30, 1991, has been presented to the City Council, a public hearing has been held with all notice as required by law; and all comments and objections have been considered; and WHEREAS a copy of the proposed budget has been filed with the City Secretary and available for public inspection at least fifteen days prior to the budget hearing and tax levy for the fiscal year 1990-1991; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, that: SECTION 1: The budget for the City of Huntsville, Texas, now before the City Council for consideration, is adopted as the budget for said City for the period of October 1, 1990, through September 30, 1991. SECTION 2: The appropriation for the ensuing fiscal year for the operations budget shall be fixed and determined as follows: I. General Fund $ 6,583,698 II. General Debt Service Fund 687,364 III. Water and Sewer Fund 5,842,881 IV. Sanitation Fund 1,910,540 V. Design Engineering Fund 561.415 Total Operating Funds $15,585,898 SECTION 3: The appropriation for the ensuing fiscal year for the capital improvement budget shall be fixed and determined as follows: I. Street Improvements $ 752,124 II. Water & Sewer Projects 2,765,323 III. Drainage Improvement Projects 147,121 IV. Downtown Project 274,500 Total Capital Improvements $ 3,939,068 SECTION 4: The City Secretary is directed to maintain a copy of the adopted budget, to file a copy thereof with the City Library and the County Clerk, and to publish a notice indicating the availability of the budget. SECTION 5: This ordinance shall take effect immediately after its passage. PASSED AND APPROVED on this the 1&day of 1990. THE CITY OF HUNTSVILLE, TEXAS BY Le'1 Jane Monday, Mayor ATTEST: (:� A ,ill/t tfi'DeShaw, City Secretary AP7'r� ED AS TO ORM: Scott Bounds, City Attorney ORDINANCE NO. 90-20 AN ORDINANCE ADOPTING THE TAX RATE AND LEVYING TAXES FOR THE CITY OF HUNTSVILLE FOR THE ENSUING FISCAL YEAR UPON ALL TAXABLE PROPERTY LOCATED WITHIN AND SUBJECT TO TAXATION IN THE CITY; AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, that: SECTION 1: There is levied and assessed and shall be collected for the fiscal year ending September 30, 1991, an ad valorem tax of NO AND 38.44/100 ($0.3844) DOLLARS for each ONE HUNDRED ($100.00) DOLLARS of assessed value of property located within the city limits of Huntsville, Texas, on January 1, 1990, made taxable by law, which when collected, shall be apportioned among funds and departments of the city government of the City of Huntsville for these purposes: General Fund Operations $0.2197 Debt Service for Payment of Bonded Indebtedness 0.1647 $0.3844 SECTION 2: All property upon which a tax is levied shall be assessed on the basis of 100 percent of its appraised value. Property Tax Code 26.02. SECTION 3: This ordinance shall take effect from and after its passage by City Council. PASSED AND APPROVED thisdq 6 day of P Z 1990. THE CITY OF HUNTSVILLE, TEXAS By �n C�/'✓C�yJ! �✓ Ja�%Monday, Mayor ATTEST: -Ru� DeShaw, City Secretary APPROVED AS TO FORM: V 41V XZ4 Scott Bounds, City Attorney RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: Ordinance 90-20 Adopt Tax Rate&Levy Taxes For Ensuing F.Y. 09-18-90 ORDINANCE N0. 90-20 AN ORDINANCE ADOPTING THE TAX RATE AND LEVYING TAXES FOR CITY OF HUNTSVILLE FORFISCAL UPONTHE TAXABLE PROPERTY LOCATEDHWITHINING AND SUBJECTYEAR TAXATION IN THE CITY; AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, that: for fiscal SECTION 1: There is levied and assessed 1991, an ad collected tax ofNo eDOLLAAND year ending September 30, limits of RS 38.44/100 ($0.3844) DOLLARS for each ONE HUNDRED-he city($100.00 located within taxable by law, which of assessed value of Januaryy11 1990, funds and departments Huntsville, Texas, ortioned among when collected,government ll be f the City of Huntsville for these of the city 9 purposes: $0.2197 General Fund Operations Debt Service for Payment of p,1647 Bonded Indebtedness $0.3844 on SECTION 2: All property upon which i tax is value.levied be operty Tax Codeh§ basis of 100 percent of its appraised 26.02. SECTION 3: They ordin ance shall take effect from and after its passage by Counc l�day of 1990. _PASSED AND APPROVED this , THE CITY OF HUNTSVILLE, TEXAS By /�`'�� lam✓ Jane onday, Mayor AT�hmsa�_ EST: ty Secretary APPRO ED AS TOFORM Scott Bounds, City Attorney RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: Ordinance 90-21 Water&Sewer Tapping Charges 09-18-90 P ORDINANCE NO. 90-21 AN ORDINANCE AMENDING CHAPTER 17 WATER AND SEWERS, OF THE CODE OF ORDINANCES OF THE CITY OF HUNTSVILLE, TEXAS, AMENDING WATER TAPPING CHARGES; AMENDING SEWER TAPPING CHARGE; AND MAKING OTHER PROVISIONS AND FINDINGS RELATED THERETO. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, that: SECTION 1: Chapter 17, Water and Sewers, of the Code of Ordinances of the City of Huntsville, Texas, is amended by changing Section 17-4, Water tapping charges, as follows: Section 17-4. Water tapping charges. a. The following charge shall be assessed and collected by the water billing department for water taps: 1. Three-fourths-inch water tap $ 250.00 2. One-inch water tap $ 365.00 b. All other water taps and special water connections shall be made at actual cost as determined by the director of public utilities or his designee. SECTION 2: Chapter 17, Water and Sewers, of the Code of Ordinances of the City of Huntsville, Texas, is amended by changing Section 17-25, Sewer tapping charge, as follows: Section 17-25. Sewer tapping charge. a. Except as herein provided, the following charge shall be assessedand collected by the water billing department for sewer taps or services: 1. Minimum fee for the location of sewer stub or any connections to sewer system $ 50.00 2. Four-inch sewer tap $ 250.00 3. Six-inch sewer tap $ 425.00 b. A six-inch or larger sewer tap is required to be made at a manhole only. If a manhole does not exist, customer is required to pay the actual cost of the manhole installation. C. Any tap requiring a bore or tunnel under a state or federal highway shall be made at cost, except that the City will share one-half the cost of up to three hundred (300) feet of the line including the bore or tunnels. •t ' d. All other sewer taps and special sewer connections shall be made at actual cost as determined by the director of public utilities or his designee. SECTION 3: This Ordinance shall take effect immediately upon its adoption. APPROVED this day of CCL). , 1990. THE CI Y OF HUNTSVILLE by Ja Monday, Its Mayor ATTEST: ? h DeShaw, City Secretary APPROVED AS TO FORM: Sc tt Bounds, City Attorney RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: Ordinance 90-22 Invest.Policy Amended 09-18-90 ORDINANCE NO. 90-22 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, AMENDING ITS POLICIES FOR INVESTMENTS TO PERMIT ITS CITY MANAGER AND FINANCE DIRECTOR TO INVEST UP TO 75% OF THE FUNDS IN CERTAIN INTERLOCAL GOVERNMENT FUNDS; AND MAKING OTHER PROVISIONS RELATED THERETO. WHEREAS the Public Funds Investment Act, Texas Revised Civil Statutes article 842a-2, requires the City to adopt written investment policies addressing liquidity, diversification, safety of principal, yield, maturity, and quality and capability of investment management, with primary emphasis on safety and liquidity; and WHEREAS the Public Funds Collateral Act, Texas Revised Civil Statutes article 2529d, requires the City to adopt written policies addressing investment securities eligible to secure deposits of public funds; WHEREAS Texas Local Government Code Chapter 105 generally authorizes depositories for municipal funds; and WHEREAS Texas Revised Civil Statutes article 4413 (34c) also regulate the investment of local funds; and WHEREAS City Council desires to amend the investment policy it adopted on March 6, 1990; NOW, THEREFORE, Be it ordained by the City Council of the City of Huntsville, Texas, that: SECTION 1: The attached City of Huntsville Investment Policy shall be adopted as the policy of the City regarding investments, investment securities, and depositories. SECTION 2: This ordinance shall take effect October 1, 1990. PASSED AND APPROVED on the `l;rl, day of � -7F.r„i_,,. 1990. THE CITYI OF HUNTSVILLE i i by its'Mayor, Jane Monday ATTEST: / .j" ; Ruth,DeShaw, City Secretary APP VED AS TO FORM: N AW Scott Bounds, City Attorney RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: Ordinance 90-23 Zoning Map Amended 10-16-90 ORDINANCE NO. 90-23 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF HUNTSVILLE, TEXAS. WHEREAS by Ordinance 90-9 the City Council of the City of Huntsville, Texas has adopted an Official Zoning Map and attendant regulations for the City which, in accordance with the comprehensive plan, was designed to control the density of population to the end that congestion may be lessened in public streets and that the public health, safety, convenience and general welfare be promoted in accordance with Chapter 211, Municipal Zoning Authority of the Texas Local Government Code; and WHEREAS the zoning regulations of the City of Huntsville provide for the amendment of the Official Zoning Map; and WHEREAS a request has been received from property owners of the City for amendment of the Official Zoning Map; and WHEREAS the Planning and Zoning Commission has studied and evaluated the request and recommendations prepared by City Staff and adopted a preliminary report to the City Council; and WHEREAS the City Council and the Planning and Zoning Commission met in joint session for the purpose of a Public Hearing on the Preliminary Report to the City Council; and WHEREAS the Planning and Zoning Commission has considered the comments of the public presented at that public hearing and presented a final report to this Council recommending amendment of the Official Zoning Map; NOW THEREFORE, Be it ordained by the City Council of the City of Huntsville, Texas that: SECTION 1: the Official Zoning Map of the City of Huntsville, Texas is amended as shown in Attachment A to this Ordinance and City Staff is directed to make such change to the Official Zoning Map together with an entry on the Official Zoning Map as follows: "On October 16, 1990, by official action of the City Council of the City of Huntsville, the following change(s) were made: Rezoning of a portion of Far Hills Addition, Section 1 from Management District to Neighborhood Conservation District, Ordinance 90- 23 SECTION 2: the City Secretary is hereby directed to cause the caption of this Ordinance to be published at least twice within ten days of final passage. This ordinance shall take effect ten (10) days after the date of final passage. PASSED AND APPROVED this 16th day of October , 1990. THE CIT OF HUNTSVIL E, TE CAS By Jane onday, Mayor TTES h DeS aw, City �crery AP?V1E�Dr0 FO/RM: wY��oVy Scott Botnds, City Attorney VV SEVEIQi_aTRE-F-T � o HUNTSVILLE INDE � dr, SCH❑ L ISTI PROPOSED REZONING OF FAR HILLS SEC. 1 (Pleasant Street between Hwy 75N and Old Madisonville Rd) 1 i RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: Ordinance 90-24 Driveway Stds Modified&Off St.Parking 10-16-90 ORDINANCE NO. 90- 24 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, AMENDING CHAPTER 30, THE DEVELOPMENT CODE, OF THE CODE OF ORDINANCES OF THE CITY OF HUNTSVILLE, TEXAS; MODIFYING DRIVEWAY STANDARDS; PROVIDING A SAVINGS AND SEVERABILITY PROVISION; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE OF THIS ORDINANCE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, that: SECTION 1: Chapter 30 of the Code of Ordinances of the City of Huntsville, Texas, is hereby amended by the modification of Chapter 13 Driveways, to now read as follows: CHAPTER 13. OFF-STREET PARKING AND DRIVEWAY STANDARDS 1301. OFF-STREET PARKING 1301.1 Minimum Number of Parking Spaces The developer shall provide off-street parking spaces in accordance with the standards in this chapter and Table 13-1: OFF-STREET PARKING STANDARDS when a building or structure is erected or an existing building enlarged, or an old structure or foundation is converted to a new use. 1301.2 Designation of Spaces The following rules shall be applied in computing the number of off-street parking spaces required. (1) Fractional spaces shall be rounded to the next higher whole space. (2) Buildings or structures containing mixed uses shall provide off-street parking spaces equal to the sum of the various uses computed separately. (3) The required off-street parking spaces shall be located on the same lot as the building or use served, except as follows: (a) When an increase in the number of off-street parking spaces is required by a change or enlargement of use, or where off-street parking spaces are provided collectively or used jointly by two (2) or more buildings or establishments, the required off street parking spaces may be located at a distance not to exceed three hundred (300) feet from an institutional building served or five hundred (500) feet from any other nonresidential building served; provided, however, that a written agreement thereto is properly executed and filed as provided below. (b) When the required off-street parking spaces are not located on the same lot with the building or use served or when the required off-street parking spaces are provided collectively or used jointly by two (2) or more establishments, a written agreement which assures the retention of such spaces for this purpose shall be drawn and executed by the parties concerned, approved as to form by the City Attorney, and filed for record in the office of the County Clerk. A copy of the recorded agreement shall be filed with the application for a building permit or certificate of compliance if a change in use is involved. (c) Not more than fifty (50) percent of the off-street parking spaces required for theaters, bowling alleys, dance halls, nightclubs, restaurants, or similar uses may be provided and used jointly by uses not normally open, used or operated during the same hours as those listed. (d) Not more than eighty (80) percent of the off-street parking spaces required for a church, school auditorium or similar use may be provided and used jointly by uses not normally open, used or operated during the same hours as those listed. (e) All parking lots, aisles and spaces required shall conform to the standards in this chapter. (f) The above parking requirements shall not prohibit the enlargement of a building or structure; provided excess spaces exist and such enlargement does not create a deficiency in the total number of off-street parking spaces. (g) Any proposed land use, whether commercial, industrial, or residential, not specifically designated in Table 13-1, which by its nature generates or attracts vehicular activity or traffic, must provide sufficient parking spaces on or near the site to accommodate the vehicular load for residents, customers, clients, suppliers, etc., which would normally be associated with the proposed land use, to the satisfaction and approval of the City. � ` � w � � ■ � / \ #9\ / // © � °q k' =gg2z ¢ B . g 25 m ! § k . a` x2�.\ a ~§ 8 m%59 @ » �. � _ ! ; A -�.� � | d ! | g\ § Gdd 7 �da�■wm�is 1301.3 Parking Lots (1) All parking lots, parking spaces, maneuvering aisles, loading areas and driveways shall be paved with an all- weather surface. Such all-weather surface shall consist, at a minimum of six (6) inches of approved crushed rock base material on compacted or undisturbed subgrade. If such parking lots, spaces, aisles and loading areas are to be paved with asphalt or concrete, the base for such paving shall be the same as, or the approved equivalent to, the all-weather surfacing required above. (2) Location, size and number of handicapped parking spaces shall conform to the latest building codes, state and federal laws. (3) If a development requires ten (10) or more parking spaces, up to ten (10) percent of those spaces may be designed for "compact cars." Effective stall dimension shall be a minimum of seven and five-tenths (7.5) feet by fifteen (15) feet and each space shall be signed "COMPACT I CARS ONLY." (4) All other parking spaces and lots shall meet the standards provided in Figure 13-1. (5) All parking spaces whether in a lot consisting of an all- weather surface or a paved surface shall be clearly delineated and designated by means of painted stripes, wheel stops, signs or other approved methods. (6) Parking lots and loading areas shall be designed to allow all vehicle maneuvers such as backing, parking and turning the vehicle, to take place on the lot. 1301.4 Off-street Loading Requirements (1) Any use that receives or distributes materials or merchandise by vehicle shall provide off-street loading space in accordance with the requirements detailed below. (a) Industrial uses shall provide one (1) loading space for each ten thousand (10,000) square feet of floor area. (b) Business uses shall provide one (1) loading space for each fifteen thousand (15,000) square feet of floor area. (2) The following rules shall be applied in computing the number of off-street loading spaces required: (a) Floor area shall mean the gross floor area of the use. (b) Fractional spaces shall be rounded to the next higher whole space. (3) The required off-street loading spaces shall be located on the same lot as the building or use served. (4) A loading space shall contain a minimum of four hundred twenty (420) square feet and shall be approximately twelve (12) feet in width and thirty-five (35) feet in depth. All loading spaces, maneuvering aisles and driveways shall be paved with an all-weather surface. 1302. DRIVEWAY DESIGN STANDARDS The developer shall design, construct, upgrade, reconstruct or repair driveway or other facilities for access to lots according to the standards of this section. Driveways shall be permitted only upon streets where full street improvements exist and are maintained as a public street by the City; provided, however, that low volume (residential) driveways may be permitted on public lanes, alleys or other accepted public access facilities in existence prior to adoption of this Code. Prior to construction of a driveway, the developer shall obtain a Driveway Permit from the City. 1302.1 Location and Construction of Driveways The location of driveways is based on a number of factors; including the location of individual property lines and available street frontage, requirements of internal site design, number of vehicles to be accommodated, and traffic safety. As a general rule, the farther from an intersection a driveway can be located, the less it will affect the through traffic and the less delay it will cause to vehicles using the driveway. (1) The developer shall locate high volume driveway approaches entirely within the frontage of the lot and not less than 10 feet from any side property line; provided, however, joint driveway approaches may be permitted where a permanent joint access is provided by the respective property owners either through platting or a mutual access easement (see 1302.1(7)). The developer shall locate low volume (residential) driveway approaches entirely within the frontage of the lot and not less than 2 feet from any side property line. (2) The developer shall consider the location of other driveways on the opposite side of the street when locating a proposed driveway. Where possible, driveways on both sides of the street shall be aligned in order to minimize adverse effects on through traffic and to optimize efficiencies of the TABLE 13-3 MINIMUM DRIVEWAY CURB RETURN RADII (In Feet) Street Low Volume High Volume Classification Driveway Driveway Local 5 10 Collector 5 10 Arterial 10 20 1302.2 Driveway Spacing for High volume Driveways The developer shall design and construct high volume driveways according to the spacing standards shown in Figure 13-4. 1302.3 Driveway Design Driveway design will depend on the land use, the volume, the character of both through traffic and driveway traffic, and the speed of traffic on the through street. Dependent upon these factors, the critical design elements include radii of curb returns, driveway throat width and the angle between the driveway centerline and the edge of the roadway. (1) The developer shall design driveway entrances to be able to accomodate all vehicle types having occasion to enter the lot, including delivery vehicles. (2) The developer shall design driveways with curb return radii according to the type of driveway and the classification of the street as provided in Table 13-3. (3) Tapered or channelized deceleration lanes for vehicles turning right into high volume or intersection type driveways may be required on arterial streets. Where such lanes are necessary, additional right-of-way may also be required. (4) The use of one-way driveways, supported by an appropriate internal circulation system, is encouraged so that entrances and exits can be separate driveways. This will promote smoother traffic flow into and out of the driveways and reduce traffic congestion in through lanes on the street. (5) In some cases, where necessary for the safe and efficient movement of traffic, the City may require that special design techniques be employed to restrict or limit turning movements into or out of a driveway before the driveway can be approved. Such restrictions do not affect the number and location of access points as specified elsewhere. Figure 13-5 gives approved minimum design criteria for limited movement driveways. Deceleration lanes may also be required to be incorporated into the design. (6) Driveway design standards for sites that include fuel pumps parallel to the adjacent street are necessary due to the special access needs that characterize such developments. The developer shall design sites for fuel pumps according to the following standards: (a) The minimum corner clearance shall be a distance of thirty-five feet (351) measured from the point of intersecting right-of-way lines to the point of tangency of the curb return radii leading to the driveway approach. The point of tangency of the curbline corner radius and that of the curb return radius of the driveway approach shall not be compounded. (b) The minimum spacing between driveway approaches within the same property lines shall be 25' of tangent curb length. (c) A minimum distance between the fuel pump, island and the right-of-way or property line shall be 25'. 1302.4 Restrictive Provisions Access to public streets will not be provided where the conditions described below restrict or compromise the safety and efficiency of the access. (1) Backing Maneuvers. Access points shall not be approved for parking or loading areas that require backing maneuvers in a public street right-of-way except for single family or duplex residential uses on local streets. (2) Sight Distance Requirements. The minimum sight distance shall be provided at all access points as shown in Figure 13-6. (3) Signalized Intersections. Access drives within the area of intersection of public streets where traffic signals are installed, or are anticipated to be installed in the future, will not be permitted. (4) Provision of Access. If a lot has frontage on more than one street, access will be permitted only on those street frontages where standards can be met. If a lot cannot be served by any access point meeting these standards, access point(s) shall be designated by the City based on traffic safety, operational needs and conformance to as much of the requirements of these guidelines as possible. (5) Driveway approaches shall not be constructed or used for the standing or parking of vehicles. (6) Driveway restrictions along expressway ramps: (a) If a driveway provides access to and from expressway frontage roads, it shall not intersect the frontage road at any point along the curbline of the frontage road, or along the edge of the pavement within two-hundred and fifty feet (2501) downstream from an exit ramp measured in the direction of traffic flow on the frontage road, Figure 13-7. This distance is measured from a line perpendicular to the right curbline of the frontage road, drawn through the point of intersection of the right curbline of an exit ramp and left curbline of the frontage road, and located to minimize danger created by the crossing, weaving and merging of traffic. (b) If a driveway provides access to and from expressway frontage roads, it shall not intersect the frontage road at any point along the curbline of the frontage road, or along the edge of pavement if there is no curbline, within fifty feet (501) upstream of an entrance ramp, Figure 13-7. This distance is measured on the frontage road upstream from a line perpendicular to the right curbline of the frontage road, drawn through the point of intersection of the right curbline of an entry ramp and the left curbline of the frontage road, and be located to minimize danger created by the crossing, weaving and merging of traffic. 1302.5 Driveway Construction (1) The developer shall pave with concrete or asphalt that portion of the driveway approach within the street right- of-way; provided, however, that where the street is not paved, the developer may provide a non-paved driveway. (2) Property owners developing multi-family, commercial or industrial driveways located on non-curbed and guttered streets are responsible for all culvert installations. (3) Driveways of residential lots located on non-curbed and guttered streets within the City limits requiring culverts shall be installed by the City at cost. 1302.6 Abandoned Driveway Approaches Whenever the use of any driveway approach is abandoned and not used for ingress and/or egress to the property abutting, it shall be the duty of the property owner of such abutting property to restore the curb according to the City's specifications. 1303. REFUSE CONTAINER PADS The developer shall install refuse container pads, where necessary, according to the standards contained in Figure 13-8. FIGURE 13-1 PARKING LOT DIMENSIONS A D C D E F 0 FGo 8.0' 8.0' 2.0'24 23.0' 2110'9.0' 17.3' 2D'-- 18.0' 45.6' 376'9.0' 19.6' 13.0-- 12.7' 62.6' 46.6' 9.0' 210' 16D'c- D.4' 60.0' 665' floe a0' lad 24024 9.0' s2.d -- A Parking Angle 4WA6 Stall Width C W skill to cure G F D D AisleWidth (a)one trop traffic (b)two wry traffic E Curb Ingtb Per Car F �( rE b curb modal) G Center In Center Width Module (assuming front bumper overhang) FIGURE 13-2 RESIDENTIAL (LOW VOLUME) DRIVEWAY CRITERIA IbaH loo• R RI Propertty LL na n g u 8 c ue Gar. FbaHLj FbaHbeck oor EdgPav r ) •�so- Minima. I Minimum Local sir«t _t _ -- St. R W, ft Type aewrb �• 4/ Varar with mrh rr)... 2 12 30 i Rewr'r non- 5 curbed 12 30 s'cae s 116 Moms, ASCENT/DESCENT STANDARDS (1) Construction, reconstruction or repair, refer to btandard Dravirgs for Public lmpmverents. (2) That portion of the driveway approach within the public right-nf-gay shall have its center- line perpendicular to the street centerline. FIGURE 13- 3 ENTRANCE AND EXIT DIMENSIONS FOR HIGH VOLUME DRIVEWAYS 4 feet �e flf Nin. es 6'curb f... C _ �2�_�I.evel Lin_ Private Property Not.: A per.hollc approach property Profit.Ray he used••lo., Line an this point 1,at leant _ level with th, top of curb. ASCENT/DESCENT STANDARDS f� �Prope ty LSna iConcrat, Drive APProaeh� Drive Approach CLtb R<turn Midth Street� Min inure Mi'i .. Driv. TypeYidth R.di... R on.-M.y e.tranee �20 f..t See Table 13-3 0,"",y exit zD feat See Table 13-3 Tw-May entrance/exit 25 f.et See Table 13-3 Mote: Maxinun vldth for .11 types L. 40 feet. FIGURE 13-4 ENTRANCE AND EXIT DIMENSIONS FOR HIGH VOLUME DRIVEWAYS 1 C_R2vtSeiJ C [3-3J 4 fent varies �eA _ M n. 6'curb[ace jf.avel Line Private Property Note: A parabolic approach Property--� Profile My be used a■long Line as this point is at least level with the top of curb. ASCENTMESCENT STANDARDS Property Line ji.n Concrete Drive / Approach JRDrivClub Return Width � -Street Minium MSa1Mum Drive Type Width Radius, R Ons-May Entrance 20 feet S feet Ons-Way Exit 20 feet 5 feet Two-May Entrance/Exit 25 feet 20 feet Rote: Maximum width for all type. is 40 feet. FIGURE 13-3 HIGH VOLUME DRIVEWAY CRITERIA Mariam number minimum Clearances and Spaces Naz. % front- of drive app- Ilse Category age as drive roaches per Item Class of Major St. approach frontage Arter. Coll. Loeal General Coam'l 1 A• 75 60 40 <100' frontage N/A s 160 100 40 >100' frontage N/A 2 Shopping Center C b0 0 0 N/A 2 0 b0 35 25 Gas Station 70% 2 on "front" E• 50 35 25 1 on "side" F• 60 60 50 175 100 1 50 Y C • I.e. 11 Il g Nal of �YAdON ///�•STREET LL�� c� •I z •Gas Station stall have the ii following minimum dimensions: A 35 feet E-2S feet F• SS feat NDTES: ,1) No driveway or driveway approach shall be constructed within 3 feet of any obstruction such as street light or utility pole,fire hydrant,traffic signal controller,telephone junction boa,etc... (2) All drive approaches within the street right-of-way shall have centerlines perpendicular with the street centerline. Ll 40 (maxl 07r,.x) (B) 20 (mi MINOR STREET Figure 13-4 High-Volume Driveway Spacing Criteria MINIMUM SEPARATION (FT) 40 (rax) 1140 (mcV Street Class Arterial, Collector Local A 65 55 35 B 20 20 20 7 C 10 10 10 (C) A t II xA,m,� e• 1 L RIGHT IN,RIGHT OUT.LEFT IN Ae my •t` P' B• �e �2. RIGHT IN.RIGHT OUT 1 P" RIGHT IN.RIGHT OUT.LEFT OUT FIGURE 13-5 Design Criteria for Limited Movement Driveway SIGHT DISTANCES AT ENTRANCES D. PASS—E. x ao nro LINE OF SIGHT \ LINE OF SIGHT 10' DL=SAFE SIGHT DISTANCE DR=SAFE SIGHT DISTANCE TO THE LEFT TO THE RIGHT LEFT TURN SIGHT DISTANCE AT ENTRANCES 1111 u��Ewnv"IE EE TLOnO uu01—TE FOR TO SAEEIV iURn LEFT ORTO -EIGER URS tSO 1>O 090 SIO SSO SBO 1b T-- sro k szo LINE OF SIGHT S DRIVEWAY FIGURE 13-6 Sight Distances for Driveway Design EXIT RAMP/FRONTAGE ROAD JUNCTION Paved or Curbed Island Intersection of Surfacing Intersection of RoadwayEdges EXIT RgMP FRONTAGE ROAD Varies --1 +— 50' 250' r See Note 1 See Note 2 ENTRANCE RAMP/FRONTAGE ROAD JUNCTION Paved or Curbed Island Intersection of Surfacing Intersection of Roadway Edges ENTRANCE RAMP FRONTAGE ROAD f� Note 1 �+ 100 50 - Varies I See Note 2 Note 1: No driveways in this area Note 2: No driveways in this area when island is present FIGURE 13-7 Driveway Locations on Expressway Ramps FIGURE 13-8 ( LO (1-1- urle. 13'S� REFUSE CONTAINER PADS REQUIREI9ENTS FOR CONIAINM LOCATION L PADS Stow Pad and location for dtnmpeter containers or.all plans for businesses, commercial buildings, service stations, apt's, etc.. 1. Overhead clearance of 20 feet required. a. no overhead electrical wires, overhangs or eaves. 2_ A minimum 50 foot strgight approach to the container shall be provided. 3. Minimum 10 feet clear space each side of container. 4. Adequate turn-around or backing area. S. Container pad and container can not block road, street right-of-way, drainage ditches; traffic or eight triangle. 6. Areae in fmnt and".0 [he side of containers shall be narked n o parkLg r 'tow away z T. The collection vehicle weighs 64,000 lbs. uThe driveways should )x co—ted with this load in mind. The City is not responsible for damage to private parking lots or driveways. 8. ,peter should be located at the rear of the Wilding. b Cushlen 04 Rebar. 12�:'O.C. SECTION B-B Centered m 6 zlob 30'Turning 20 to 35 Radius SECTION A-A �T B Refuse Centel— A 04 Reber 12"O.C. A fi"Slab/ PLAN Clezz A 3,000 Concrete SECTION 2: This ordinance shall not be construed or held to repeal a former ordinance, whether such former ordinance is expressly repealed or not, as to any offense committed against such former ordinance or as to any act done, any penalty, forfeiture, or punishment so incurred, or any right accrued or claim arising under the former ordinance, or in any way whatever to affect any such offense or act so committed or so done, or any penalty, forfeiture or punishment so incurred or any right accrued or claim arising before this act takes effect, save only that the proceedings thereafter shall conform to the ordinance in force at the time of the proceedings, so far as practicable. This section extends to all repeals, either by express words or implication. Nothing in this section, or any section of this ordinance, shall be construed as abating any action now pending under or by virtue of any ordinance of the City herein repealed; or as discontinuing, abating, modifying, or altering any penalty accrued or to accrue, or as affecting the liability of any person, firm or corporation, or as waiving any right of the City under any ordinance in force at the time of passage of this ordinance. SECTION 3: Where there exists a conflict between any of the regulations or limitations prescribed by this ordinance and any other regulations applicable to City development, whether the conflict be with respect to zoning, building regulations, subdivision regulations or any other matter, the more stringent limitation or requirement shall govern and prevail. SECTION 4: Each section and each provision or requirement of any section of this ordinance shall be considered separable, and the invalidity of any portion of this ordinance shall not affect the validity or the enforceability of any other portion. SECTION 5: Any person, firm, or corporation violating any provision of this Ordinance or failing to comply with any requirement of this Ordinance will be guilty of a misdemeanor and subject to a fine of up to One Thousand Dollars ($1,000.00) upon conviction. Each day during or upon which said person shall violate or continue violation of any provision of this Ordinance or non-compliance with any requirement of this ordinance shall constitute a distinct and separate offense. The violation of any provision of this Ordinance or the failure to comply with any requirement of this Ordinance shall each constitute a distinct and separate offense. SECTION 6: The City Secretary is hereby directed to cause the caption of this Ordinance,to be published at least twice within ten days of final passage. This ordinance shall take effect ten (10) days after the date of final�assage. PASSED AND APPROVED this � day of (20,771—YAL, 1990. THE CITY OF HUNTSVILLE, TEXAS By�. Jan Monda , Mayor :!Deeaw, City Secretary APPROVED AS TO FORM: I" 9111-� Scott Bounds, City Attorney RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: Ordinance 90-25 Orders Election on 01-19-91 10-23-90 ORDINANCE NO. 90-25 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, ORDERING A MUNICIPAL ELECTION TO BE HELD ON THE 19TH DAY OF JANUARY, 1991, FOR THE PURPOSE OF ELECTING A MAYOR AT-LARGE, AND FOUR COUNCILMEMBERS, ONE FROM EACH OF THE CITY'S FOUR WARDS ONE, TWO, THREE AND FOUR; PROVIDING FOR ELECTION OFFICERS; DESIGNATING THE PLACES AND MANNER OF HOLDING SAID ELECTION; AND PROVIDING FOR THE POSTING AND PUBLICATION OF NOTICE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, that: SECTION 1. The regular municipal election of the City of Huntsville, prescribed by Section 6.01 of the City Charter, shall be held between the hours of seven (7:00) o'clock a.m. and seven (7:00) o'clock p.m. on the 19th day of January, 1991, in the City for the purpose of electing a Mayor at-large, and four councilmembers; one from each of the City's four wards, one, two, three and four. SECTION 2. The City is hereby divided into nine (9) election precincts, these precincts to have the same boundaries as County election precinct numbers 101, 102, 105, 201, 202, 206, 301, 306, and 401. The polling places and election officials for these election precincts shall be as follows: Election Precinct Polling Place Officials No. 101 Fire Station #2 Betty Dunlap 2109 Sam Houston Avenue Judge and Presiding Officer Jeanne Young Alternate Judge No. 102 Walker County Courthouse Lillian Nimmo 1100 University Ave. Judge and Presiding Officer Betty Olm Alternate Judge No. 105 First Baptist Church Elnora Hudley 1530 10th Street Judge and Presiding Officer Ethel Wilson Alternate Judge No. 201 Holiday Inn Josephine Shipman 1407 Interstate 45 Judge and Presiding Officer Dorothy Powell Alternate Judge No. 202 First Presbyterian Church John Holcombe 1801 19th Street Judge and Presiding Officer Joan Summers Alternate Judge No. 206 Education Service Center Charles Luning Region VI Judge and Presiding Officer 3332 Possum Walk (Montogomery Road/FM 1374) Barbara Luning Alternate Judge No. 301 Martin Luther King Becky Abbott Neighborhood Center Judge and Presiding Officer (Emancipation Park) 300 Avenue F Artresa Culpepper Alternate Judge No. 306 Faith Memorial Joe Martinez Baptist Church Judge and Presiding Officer 314 16th Street Naomi Juarez Alternate Judge No. 401 Walker County Appraisal Sherrell Overton District Office Judge and Presiding Officer 1819 Sycamore Avenue Thelma Loving Alternate Judge 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. SECTION 4. A Mayor shall be selected for the City at-large by a majority vote of the registered voters of the City. The Mayor to be elected shall hold office for a period of two (2) years. SECTION 5. One councilmember shall be selected from each of the respective ward numbers one (1), two (2), three (3) and four (4) of the City by a majority vote of the registered voters residing within that ward. The councilmembers to be elected shall hold office for a period of two (2) years. SECTION 6. The Mayor and each of the four councilmembers shall be citizens of the United States, qualified and registered voters of the State of Texas, residents within the present corporate limits of Huntsville for at least twelve months immediately preceding the election, and current in payment of taxes and assessments due to the City. SECTION 7. Any eligible and qualified person may have his name upon the official ballot as an independent candidate by submitting an application, which, in accordance with Texas Election Code Section 141.031, must be in writing, be signed and sworn to by the candidate, and indicate the date that the candidate swears to the application. The application shall include: the candidate's name; the candidate's occupation; the office sought, including any place number or other distinguishing number; an indication of whether the office sought is to be filled for a full or unexpired term if the office sought and another office to be voted on have the same title but do not have place numbers or other distinguishing numbers; a statement that the candidate is a United States citizen; a statement that the candidate has not been determined mentally incompetent by a final judgment of a court; a statement that the candidate has not been finally convicted of a felony from which the candidate has not been pardoned or otherwise released from the resulting disabilities; the candidate's date of birth; the candidate's residence address or, if the residence has no address, the address at which the candidate receives mail and a concise description of the location of the candidate's residence; the candidate's length of continuous residence in the state and in the territory from which the office sought is elected as of the date the candidate swears to the application; a statement that the candidate is aware of the nepotism law, Articles 5996a through 59968 of the Texas Revised Statutes; and the statement: "I, , of Walker County, Texas, being a candidate for the office of Mayor/council member, swear that I will support and defend the constitution and laws of the United States and of the State of Texas." Such application must be filed with the Mayor or City Secretary not later than 5:00 p.m. of the 45th day before election day. SECTION 8. The order in which the names of the candidates are to be printed on the ballot shall be determined by a drawing of the City Secretary as provided by section 52.094 of the Texas Election Code. The form of the ballot for said election shall be as follows: OFFICIAL BALLOT Regular Election City of Huntsville, Texas January 19, 1991 INSTRUCTION NOTE: Vote for the candidate of your choice in each race by placing an "X" in the square beside the candidate's name. Mayor (Vote for one) (candidates' names) Councilmember, Ward Number One (Vote for one) (candidates' names) Councilmember, Ward Number Two (Vote for one) (candidates' names) Councilmember, Ward Number Three (Vote for one) (candidates' names) Councilmember, Ward Number Four (Vote for one) (candidates' names) SECTION 9. City Secretary, Ruth DeShaw, is hereby appointed as the clerk of absentee voting, and the City Hall 1212 Avenue M Huntsville, Texas 77340 is hereby designated as the place for absentee voting for the election. During the lawful absentee voting period, such clerk shall keep such place for absentee voting open for absentee voting from 8:00 a.m. to 12:00 Noon and from 1:00 p.m. to 5:00 p.m. on each day except Saturdays, Sundays, and official state holidays. SECTION 10. Suler E. Ryan is hereby appointed as the presiding judge of the absentee ballot board, and is hereby directed to perform the duties required of such by Section 87 of the Texas Election Code. SECTION 11. The Mayor and City Secretary are hereby directed to give notice of the election by: (a) causing the 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 of the election at least one time, not more than twenty-five (25) 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 the notice of the election at least twenty (20) days before the election; and (d) by posting at City Hall and the Walker Cou,ity Courthouse bulletin boards notice of the election at least twenty (20) days before said 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 12. This notice shall take effect from and after its passage. A PASSED AND APPROVED this �J/a day of (,9(1�t , 1990. THE CIT OF HUNTSVILLE By JaMonday, Mayor ATTEST: ne' R DeShaw, City Secretary APPRO��,EyyyD��AS TO FORM: Scott Bounds, City Attorney RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: Ordinance 90-26 Speed Zone-Old Houston Rd.,20 MPH 11-13-90 ORDINANCE NO. 90-4 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, AMENDING CHAPTER 12 OF THE CODE OF ORDINANCES OF THE CITY OF HUNTSVILLE, TEXAS, BY ESTABLISHING A 20 MPH SPEED ZONE ADJACENT TO BLUEBONNET CHILDREN'S ACADEMY ON OLD HOUSTON ROAD; MAKING OTHER FINDINGS AND PROVISIONS RELATED THERETO; PROVIDING A PENALTY OF UP TO $200; REQUIRING THE CITY SECRETARY TO PUBLISH NOTICE AND PROVIDING AN EFFECTIVE DATE. WHEREAS Texas Revised Civil Statute Article 6701d section 169(d) provides that a City may hold a public hearing to consider maximum prima facie speed limits on streets and highways adjacent to public and private elementary and secondary schools; and WHEREAS Council did hold a hearing upon request on November 13, 1990; and WHEREAS Council duly considered the evidence presented; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, that: SECTION 1: Schedule V-A, School Speed Limit Zones of Chapter 12 of the Code of Ordinances of the City of Huntsville, Texas, is hereby amended by the addition of a new school zone that shall read as follows: SCHOOL/STREET NAME SPEED MPH DIRECTION LIMITS BLUEBONNET CHILDREN'S ACADEMY Old Houston Road 20 Both From 30' north of Powell Road to 544' north of Powell Rd. 7 a.m. to 9 a.m. 3 p.m. to 6 p.m. School Days Only SECTION 2: The City Council determines and declares that the speed limits described are the maximum prima facie speed limits reasonable and prudent as indicated by an engineering and traffic investigation. Proof that any person drives a vehicle upon these streets in excess of the speed limit so indicated shall be prima facie evidence that the speed was not reasonable or prudent and that it was unlawful. SECTION 3: The City Manager is authorized and directed to cause the proper signs to be posted at the above described locations to show the prima facie maximum speed limits. SECTION 4: A person commits an offense if he drives a vehicle upon a public street at a speed greater than is reasonable and prudent under the circumstances then existing. SECTION 5: Any person, firm or corporation violating any provision of this ordinance or failing to comply with any requirement of this ordinance will be guilty of a misdemeanor and subject to a fine of up to two hundred ($200.00) dollars upon conviction. Each day during or upon which that person shall violate or.continue violation of any provision of this ordinance or non-compliance with any requirement of this ordinance shall constitute a distinct and separate offense. The violation of any provision of this ordinance or the failure to comply with any requirement of this ordinance shall each constitute a distinct and separate offense. SECTION 6: If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect any of the remaining provisions of this ordinance. SECTION 7: All ordinances and parts of ordinances in conflict with the provisions of this ordinance are hereby repealed; provided, however, that such repeal shall be only to the extent of such inconsistency and in all other respects this ordinance shall be cumulative of other ordinances regulating and governing the subject matter covered by this ordinance. SECTION 8: This ordinance shall take effect 10 days after passage by City Council. The City Secretary shall publish the caption of this ordinance in the City's official newspaper twice within ten days of its passage. APPROVED this day of rz b,V-.4D/ 1990. THE CITY OF HUNTSVILLE by Jahe Monday, its Mayor ATTEST: (:;;D APPROVED AS TO FORM: ��} Scott Bounds, City Attorney RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: Ordinance 90-27 No Parking Zone-Ave.I,20th St.&Ave.H 11-13-90 a7 ORDINANCE NO. 90-A� AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, AMENDING CHAPTER 12, MOTOR VEHICLES AND TRAFFIC, OF ITS CODE OF ORDINANCES BY ESTABLISHING NO PARKING ZONES ON BOTH SIDES OF AVENUE I BETWEEN 20TH STREET AND AVENUE H; PROVIDING A PENALTY OF UP TO $200 A DAY FOR CERTAIN VIOLATIONS; MAKING OTHER RELATED FINDINGS AND PROVISIONS RELATED THERETO; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, THAT: Section 1: The following described curb zones and areas are designated as no parking zones: Street Name Side of Street Limits Avenue I Both 20th St. to Avenue H Section 2: Schedule IV, Parking Limit Zones, of Chapter 12, Motor Vehicles and Traffic, of the Code of Ordinances of the City of Huntsville, Texas, shall be revised to reflect the amendments made by this ordinance. Section 3: The City Manager is authorized and directed to cause the posting of proper signs along the above described streets and parking zones. Section 4: It shall be unlawful for driver of a vehicle to disobey the instruction of the signs placed in accordance with the provisions of this ordinance unless at the time otherwise directed by a Police Officer. Section 5: Any person, firm or corporation violating any provision of this ordinance or failing to comply with any requirement of the ordinance will be guilty of a misdemeanor and subject to a fine of up to two hundred ($200.00) dollars upon conviction. Each day during or upon which said person shall violate or continue violation of any provision of this ordinance or non-compliance with any requirement of this ordinance shall constitute a distinct and separate offense. The violation of any provision of the ordinance or the failure to comply with any requirement of this ordinance shall each constitute a distinct and separate offense. Section 6: If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect any of the remaining provisions of this ordinance. Section 7: All ordinances and parts of ordinances in conflict with the provisions of this ordinance are hereby repealed; provided, however, that such repeal shall be only to the extent of such inconsistency and in all other respects this ordinance shall be cumulative of other ordinances regulating and governing the subject matter covered by this ordinance. Section 8: This ordinance shall take effect ten (10) days after its passage by the City Council. The City Secretary shall publish the caption of this ordinance in the official City newspaper at least twice within ten (10) days of its passage. 99 PASSED AND APPROVED THIS day of i*;f ^A/1990. THE CITY OF HUNTSVILLE 8y Jany 'Monday, Mayor AT 6 4 � h eShaw, City Secretary APP VED AS TO FORM: Scott Bou"Cityey RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: Ordinance 90-28 Amend Code of Ord.Re:Community Dev. 11-13-90 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, AMENDING CHAPTER 30, COMMUNITY DEVELOPMENT, OF ITS CODE OF ORDINANCES BY ADOPTING A NEW SECTION 1100.5 PROTECTION OF FIRST AMENDMENT RIGHTS; AND MAKING OTHER PROVISIONS RELATED THERETO. BE IT ORDAINED BY THE CITY OF HUNTSVILLE, TEXAS, THAT: SECTION 1: Chapter 30, Community Development, of the Code of Ordinances of the City of Huntsville, Texas, is amended by the adoption of a new section 1100.5, that shall read as follows: 1100.5 Protection of First Amendment Rights. Any sign allowed under this chapter may contain, in lieu of any other copy, any lawful non-commercial message that does not direct attention to a business operated for profit so long as the sign complies with all other requirements of this code. SECTION 2: This ordinance shall take effect immediately upon its adoption. EXECUTED THIS /�&/DAY OF 1990. CITY OF HUNTSVILLE Jane onday, its Mayor AT / � l R DeShaw, City Secre a APP VED AS TO FORM: / e u �— Scott BoundS, City Attorney RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: Ordinance 90-29 Property Acq.-Charles Smither Jr. 11-20-90 1 ORDINANCE NO. C?0- / AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, AUTHORIZING THE CITY ATTORNEY TO MAKE AN OFFER FOR THE CITY OF HUNTSVILLE FOR THE ACQUISITION OF CERTAIN INTERESTS IN PROPERTIES THAT ARE REQUIRED FOR PUBLIC UTILITY AND DRAINAGE PURPOSES; DIRECTING THE CITY ATTORNEY TO INSTITUTE CONDEMNATION PROCEEDINGS IN THE EVENT SUCH OFFER IS REFUSED; AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. WHEREAS the City Council of the City of Huntsville now finds and determines that public convenience and necessity require that the City of Huntsville acquire the land described herein for public utility and drainage purposes; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, that SECTION 1: The City A�Vrney is authorized and directed to make an offer of $_g, Q for the properties described in Section 2 to Charles Sm they, Jr., or to the actual real and true owners thereof, whether correctly named or not, for the purchase and acquisition by the City of Huntsville of the fee interest in the property that is required for public utility and drainage purposes. SECTION 2: The property needed for utility and drainage purposes is: Tract 1 Lot 5, Block 1 of the Pine Shadows Estates, a subdivision recorded in Volume 174, Page 620, Deed Records of Walker County, Texas, and being more definitely described in a Deed from McB Homes, Inc., to Area Management Services, Inc., dated December 7, 1983, and recorded in Volume 423, Page 148, Deed Records. Tract 2 Certain land and premises situated in the John Hume Survey, Abstract 264, Walker County, Texas, and being out of and a part of a called 0.75 of an acre of land as described in a Deed from Arnold Philip Acker to Charles W. Smither, Jr., dated November 18, 1983, and recorded in Volume 421, Page 299, Deed Records of Walker County, Texas, the 0.052 of an acre of land (2263.96 square feet), being more definitely described as follows: Page 1 of 3 BEGINNING at the east corner of said Smither tract, same being the south corner of a called 1.00 acre tract as described in a Deed from Gibbs Brothers and Company to Blanche Hightower, dated September 26, 1942, and recorded in Volume 100, Page 318, Deed Records, and also being in the northwest line of a subdivision known as Pine Shadows Estates as shown on Plat recorded in Volume 174, Page 620, Deed Records, a point for the east corner of the herein described easement; THENCE S21°42'21.6"W, with the southeast line of said Smither tract and the northwest line of said Pine Shadows Estates line, at 96.66 feet pass a found 3/8" iron rod found for the west corner of Lot 6, same being the north corner of Lot 5 of said Pine Shadows Estates, continuing with the southeast line of said Smither tract and the northwest line of said Pine Shadows Estates, for a total distance of 113.20 feet to the south corner of said Smither tract, same being the east corner of a called 0.17 of an acre of land as described in a Deed from Frank Stivers to S & M Joint Venture, dated December 4, 1989, and recorded in Volume 0109, Page 656, Official Records of Walker County, Texas, a point for the south corner of the herein described easement; THENCE N68°33'36.3"W, with the southwest line of said Smither tract and the northeast line of said Stivers tract,for a distance of 20.00 feet to a point for the west corner of the herein described easement; THENCE N21°42'21.6"E, being 20.00 feet northwest of and parallel with the southeast line of said Smither tract, for a distance of 113.20 feet to the northeast line of said Smither tract and the southeast line of said Hightower tract, a point for the north corner of the herein described easement; THENCE S68°33'36.3"E, with the northeast line of said Smither tract and the southwest line of said Hightower tract, for a distance of 20.00 feet to the PLACE OF BEGINNING. SECTION 3: The offer shall provide that if it is not accepted within ten (10) days after receipt, the City of Huntsville will consider such offer refused and will institute condemnation proceedings. SECTION 4: In the event that the offer is refused, either expressly or by failure of the owners to unconditionally accept the same within the time specified, the City Attorney is authorized to institute condemnation proceedings on behalf of the City of Huntsville under the provisions of Chapter 21 of the Texas Property Code, the Charter of the City of Huntsville, or any other applicable state or local law. Page 2 of 3 SECTION 5: Should such offer be accepted, the money above set forth shall be paid out of any appropriation heretofore made for which the above described tract is required. Should such offer not be accepted, the amount finally awarded to the owner in the condemnation proceedings, plus costs, fees and expenses, shall be paid out of such funds so appropriated. SECTION 6: This ordinance shall take effect from and after its passage. PASSED ��vy the C'ty Council of the City of Huntsville, Texas on this the Z day of �IID1N'J. 1990. ["'�A J'oa Ja Monday, is Mayor ATTEST: e a y Secre ary APP VED AS TO FORM: m-lzl Scott B unds, City Attorney Page 3 of 3 RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: Ordinance 90-30 Roll-off Truck Equipment Acquisition,$78,786 12-04-90 ORDINANCE NO 90-30 AN ORDINANCE AUTHORIZING ISSUANCE OF A CITY OF HUNTSVILLE, TEXAS, EQUIPMENT ACQUISITION CERTIFICATE OF OBLIGATION IN THE AMOUNT OF $78,786.00; AND CONTAINING OTHER PROVISIONS RELATED TO THE SUBJECT. WHEREAS the City Council of the City of Huntsville received competitive bids for one new 1991 roll-off truck, and awarded a contract for the purchase of such equipment in accordance with Texas Local Government Code Chapter 271 to Barrett White GMC, in the amount of $78,786.00; and WHEREAS the City published notice of intention to issue a Certificate of Obligation payable from City ad valorem taxes for the purpose of evidencing the indebtedness of the City for all or part of the purchase of the new 1991 roll-off truck at an amount not to exceed $78,786.00; and WHEREAS the notice of intention to issue a Certificate of Obligation was published at the times and in the manner required by Texas Local Government Code Chapter 271 on November 13, 1990, and November 20, 1990; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS; that: Section 1: The City Council ratifies the contract with Barrett White GMC to purchase the new 1991 roll-off truck and hereby confirms the purchase of such equipment. Section 2: An interest bearing Certificate of Obligation of the City of Huntsville, Texas, to be known and designated as "City of Huntsville, Texas, Equipment Acquisition Certificate of Obligation" is hereby authorized to be issued and delivered in the principal amount of $78,786.00 for the purpose of acquiring the new 1991 roll- off truck for use by the City, and the Mayor and City Secretary shall have joint control of the certificate for the purpose of delivering same to the owner in accordance herewith. Section 3: The Certificate shall be dated December 4, 1990, shall mature and be payable in four (4) equal installments (subject to the City's option of prior payment), shall be registered as hereinafter set forth, and shall be in the following basic form, to-wit: Dated: Amount: $78,786.00 Issued: December 4, 1990 Register No. 90- UNITED STATES OF AMERICA COUNTY OF WALKER STATE OF TEXAS CITY OF HUNTSVILLE, TEXAS, EQUIPMENT ACQUISITION CERTIFICATE OF OBLIGATION The City of Huntsville, a Municipal Corporation of the State of Texas, acknowledges itself indebted to and FOR VALUE RECEIVED hereby promises to pay to the registered owner hereof in installments and on the dates as below indicated the total sum of SEVENTY EIGHT THOUSAND, SEVEN HUNDRED, EIGHTY-SIX, AND NO/100 DOLLARS ($78,786.00) in lawful money of the United States of America, with interest thereon from date of issue until paid at the rate of per cent per annum, payable on , and annually thereafter on the day of of each and every year as hereinafter provided until such sum is fully paid. BOTH PRINCIPAL AND INTEREST on this Certificate of Obligation are hereby made payable in Huntsville, Walker County, Texas, without exchange or collection charges to the registered owner hereof, with such payments to be due on the dates and in the amounts as follows: DATE PRINCIPAL INTEREST TOTAL 1991 $ $ $ 1992 1993 1994 The City reserves the right to prepay all or any part of this Certificate at any time prior to the due date or maturity thereof without premium or penalty of any kind. It is hereby certified and recited that all acts, conditions and things required to be done precedent to and in the issuance of this Certificate of Obligation, to render the same lawful and valid have been properly done, have happened and have been performed in regular and due time, form and manner as required by law; that due and proper provision has been made for the levy of a direct and continuing annual ad valorem tax against all taxable property within the said City sufficient to pay the interest on this Certificate of Obligation as due and to provide for the payment of each installment of principal as same matures; that the City has received full value and consideration for this Certificate of Obligation and that the total indebtedness of the City of Huntsville, including this Certificate of Obligation, does not exceed any constitutional or statutory limitation. This Certificate shall be registered as to principal and interest in the owner's name upon books of the City to be kept for that purpose at the office of the Finance Director of the City, the registrar, such registration to be noted hereon. After such registration, no transfer of this Certificate shall be valid unless made on said books at the request of the registered owner hereof, or his duly authorized agent, and similarly noted hereon. IN TESTIMONY WHEREOF the City Council has caused the seal of said City to be impressed hereon and this Certificate of Obligation to be signed by the Mayor and attested to by the City Secretary, the date of this Certificate of Obligation being the _ day of , 1990. DATE OF INITIAL DELIVERY OF THIS CERTIFICATE: JANE MONDAY, MAYOR ATTEST: Ruth DeShaw, City Secretary ASSIGNMENT AND TRANSFER Full consideration therefor being hereby acknowledged, this Certificate of Obligation was delivered to Barrett White GMC, the original holder, on this date, to-wit: and by it hereby assigned and transferred to BARRETT WHITE GMC By CERTIFICATE OF REGISTRATION IT IS HEREBY CERTIFIED that I have this day registered this Certificate as to principal in the name of the holder as indicated in the registration blank below, on the books kept by me for such purpose. The principal of and interest on this Certificate shall be payable only to the registered holder named in the below registration blanks. Signature of Name of Date of Finance Director Registered Holder Registration (Registrar) Section 4: While the Certificate of Obligation or installment thereof is outstanding and unpaid, there shall be annually levied, assessed and collected in due time, form and manner a tax upon all of the taxable property in said City sufficient to pay the current interest thereon and to create sinking fund sufficient to pay each installment of principal as same becomes due, or a sinking fund of 2%, whichever is greater; and in order to pay the interest on the Certificate of Obligation for the first year and to create a sinking fund with which to pay the principal as the same becomes due, or a sinking fund of 2%, whichever is greater, there is hereby levied a sufficient tax on each ONE HUNDRED DOLLARS valuation of taxable property in said City for the current year and the same shall be assessed and collected and applied to the purposes named; and while the Certificate of Obligation is outstanding and unpaid, a tax each year at a rate from year to year as will be ample and sufficient to provide funds to pay the then current interest on the Certificate of Obligation and to provide the necessary sinking fund, full allowance being made for delinquencies and costs of collection, shall be and is hereby levied for each year, respectively, and said tax shall each year be assessed and collected and applied to the payment of the principal of and interest on the Certificate of Obligation, to be kept separate and apart from all other funds of the City. The City Council hereby declares and covenants that it will provide and levy a tax legally and fully sufficient for the Certificate of Obligation, it having been determined that the existing and available taxing authority of the City for such purposes is adequate to permit a legally sufficient tax in consideration of all other outstanding obligations. Section 5: The Mayor and City Secretary are hereby empowered and directed to proceed with the delivery of the Certificate of Obligation and the closing of said acquisition at the earliest practicable date and are authorized to complete the same in accordance with the terms hereof and to do all things necessary or prerequisite thereto. Section 6: The Certificate shall bear interest from the date of initial delivery shown on the face of each Certificate at a rate per annum not in excess of that prescribed by Article 717k-2, Texas Revised Civil Statutes, as amended, until maturity, or upon prepayment. At the time the Certificate of Obligation is issued the Certificate shall be registered and recorded by such register number on the books of said City to the registered owner thereof. Section 7: That the public importance of this measure and the fact that it is to the best interest of the City to acquire the equipment herein contemplated at the earliest possible date, for the immediate preservation of the public peace, property, health, and safety of the City and its citizens, creates an emergency and an imperative public necessity and this ordinance shall take effect and be in force from and after its passage and approval, and it is so ordained. Section 8: Notwithstanding any other provision in the within ordinance to the contrary, as to the authorized issuing date for the Certificate of Obligation, the certificate shall be dated and bear interest from date of delivery and execution by the Mayor and City Secretary. PASSED AND APPROVED this 4th day of December, 1990. CITY OE HUNTSVILLE, TEXAS By 4JAMONDAY, AYOR AT R Fekaaw, Ci ecretary / APPRO ED AS TO FORM: cott u s, City-Attorney— RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: Ordinance 90-31 Records Mngt.Program For City of Huntsville 12-04-90 ORDINANCE NO. 90- 3 AN ORDINANCE AMENDING ARTICLE III. RECORDS, OF CHAPTER 2. ADMINISTRATION, OF THE CODE OF ORDINANCES OF THE CITY OF HUNTSVILLE, TEXAS, TO PROVIDE FOR THE ESTABLISHMENT AND ADMINISTRATION OF A RECORDS MANAGEMENT PROGRAM FOR THE CITY OF HUNTSVILLE, TEXAS; PROVIDING FOR PURPOSE OF RECORDS MANAGEMENT PROGRAM; AUTHORIZING THE CITY MANAGER TO ESTABLISH AND ADMINISTER THE RECORDS MANAGEMENT OFFICE FOR THE CITY; PROVIDING DEFINITIONS FOR RECORDS MANAGEMENT PROGRAM; PROVIDING RECORDS MANAGEMENT DUTIES FOR THE CITY MANAGER AND CITY COUNCIL, AND THE RESPONSIBILITIES OF OFFICERS AND EMPLOYEES WITH RESPECT THERETO; PROVIDING FOR THE DESTRUCTION, OR OTHER DISPOSITION OF ORIGINAL MUNICIPAL PUBLIC RECORDS AND ALL OTHER MUNICIPAL RECORDS; PROVIDING A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; PROVIDING A PENALTY CLAUSE; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. WHEREAS the Texas Local Government Records Act requires the governing body of each local government to adopt an ordinance, order or plan establishing a records management program before January 1, 1991; and WHEREAS the City of Huntsville desires to establish, promote, and support an active and continuing program for the efficient and economical management of all City of Huntsville records, and cause policies and procedures to be developed for the administration of the program under the direction of the City's records management officer; NOW, THEREFORE, Be it ordained by the City Council of the City of Huntsville, Texas, that SECTION 1: That Article III. Records, of Chapter 2, Administration of the Code of Ordinances of the City of Huntsville, Texas, is hereby amended to read as follows: Section 2-40. Definitions. (a) Local government record. Any document, paper, letter, book, map, photograph, sound or video recording, microfilm, magnetic tape, electronic medium, or other information recording medium, regardless of physical form or characteristic and regardless of whether public access to it is open or restricted under the laws of the state, created or received by the City or any of its officers or employees pursuant to law, including an ordinance, or in the transaction of public business. The term does not include: (1) extra identical copies of documents created only for convenience of reference or research by officers or employees of the City of Huntsville; (2) notes, journals, diaries, and similar documents created by an officer or employee of the City, for the officer's or employee's personal convenience; (3) blank forms; (4) stocks of publications; (5) library and museum materials acquired solely for the purposes of reference or display; or (6) copies of documents in any media furnished to members of the public to which they are entitled under Article 6252-17a, Vernon's Texas Civil Statutes, or other state law. (b) Commission. The Texas State Library and Archives Commission. (c) Custodian. The appointed or elected public officer who by the state constitution, state law, ordinance, or administrative policy is in charge of an office that creates or receives City records. For the purpose of this ordinance, custodian includes department heads under the administration of the City Manager, who are responsible for all records in his/her department, the City Attorney, the City Judge, or the City Secretary. (d) Director and librarian. The executive and administrative officer of the Texas State Library and Archives Commission. (e) Essential Record. Any City record necessary to the resumption or continuation of government operations in an emergency or disaster, to the re-creation of the legal and financial status of the City, or to the protection and fulfillment of obligations to the people of the state. (f) Office. Any office, department, division, program, commission, bureau, board, committee, or similar entity of the City of Huntsville. (g) Permanent record or record of permanent value. Any City record for which the retention period on a records retention schedule issued by the commission is given as permanent. (h) Record. A record of the City of Huntsville. (i) Records control schedule. A document prepared by or under the authority of the records management officer listing the records maintained by the City of Huntsville, their retention periods, and other records disposition information that the records management program in Huntsville may require. (j) Records management. The application of management techniques to the creation, use, maintenance, retention, preservation, and disposal of records for the purposes of reducing the costs and improving the efficiency of recordkeeping. The term includes the development of records control schedules, the management of filing and information retrieval systems, the protection of essential and permanent records, the economical and space-effective storage of inactive records, control over the creation and distribution of forms, reports, and correspondence, and the management of micrographics and electronic and other records storage systems. (k) Records management officer. The City Manager or the City Manager's designee. (1) Retention period. The minimum time that must pass after the creation, recording, or receipt of a record, or the fulfillment of certain actions associated with a record, before it is eligible for destruction. State law reference - Texas Local Government Code § 201.003. Section 2-41. Records management program, records management officer. (a) The City Manager is authorized to establish and administer the records management program for the City of Huntsville, Texas, pursuant to legal, fiscal, administrative, and archival requirements. (b) The City Manager or his designee is hereby named records management officer. (c) The City Manager shall implement a program to encompass such areas of records management as are required to preserve and keep in order all books, papers, documents, records and files of the City Council and of the executive departments to achieve the following results: (1) release space and reduce the need for storage and filing equipment; (2) establish an efficient retrieval operation for both active and inactive municipal records; (3) provide for routine disposition of paperwork; (4) maintain security over municipal records; (5) communicate the need of an effective records management program; and (6) secure a central records storage facility which can be operated and maintained by records management staff. (d) The requirements of this Article shall be known and may be cited as the "Records Management Program of the City of Huntsville, Texas", providing for the proper and efficient management of the municipal records of the City of Huntsville, Texas. (e) The citizens of Huntsville have a right to expect efficient and cost-effective government. Recognizing the importance of City records in the lives of all citizens, the efficient management of City records is necessary to the effective and economic operation of the City, the preservation of records of permanent value is necessary to provide the people of the state with resources concerning their history and to document their rights of citizenship and property, and the establishment of uniform standards and procedures for the maintenance, preservation, microfilming, or other disposition of City records is necessary to fulfill the higher public purpose. (f) It is hereby declared to be the policy of the City of Huntsville to provide for efficient, economical, and effective controls over the creation, distribution, organization, maintenance, use, and disposition of all City records through a comprehensive system of integrated procedures for the management of records from their creation to their ultimate disposition. State law reference - Texas Local Government Code § 203.025 and 201.002. Section 2-42. Records as public property; destruction and use of records. (a) All City records, as defined as Section herein are hereby declared to be property of the City of Huntsville, Texas. No City official or employee has, by virtue of position, any personal or property right to such records even though he or she may have developed or compiled them. (b) The unauthorized destruction, removal from files, or use of City records is prohibited. State law reference - Texas Local Government Code § 201.005. Section 2-43. Records management officer duties. The records management officer shall have the following duties, and others as assigned by the City Council, and as provided by state law: (a) assist in establishing and developing policies and procedures for a records management program for the City, which program shall include basic files management and records disposition policies, systems, standards and procedures; (b) administer the records management program and provide assistance to custodians for the purposes of reducing the costs and improving the efficiency of recordkeeping; (c) in cooperation with the custodians of the records, (1) prepare and file with the director and librarian before January 2, 1995, the records control schedules and the list of obsolete records required by the Act; (2) prepare and file with the director and librarian amended schedules as needed to reflect new records created or received by the City; (3) prepare or direct the preparation of requests for authorization to destroy records not on an approved control schedule as provided by the Act, of requests to destroy the originals of permanent records that have been microfilmed, and of electronic storage authorization requests; (d) in cooperation with custodians, identify and take adequate steps to preserve City records that are of permanent value; (e) in cooperation with custodians, identify and take adequate steps to protect essential City records; (f) in cooperation with custodians, ensure the maintenance, preservation, microfilming, destruction of records is carried out in accordance with the policies and procedures of the City's record management program and requirements of state law; (g) disseminate to the City Council and custodians information concerning state laws, administrative rules, and the policies of the City relating to local government records through a records manual which may be amended from time to time and other means of communication; (h) in cooperation with custodians, establish procedures to ensure that the handling of records in any context of the records management officer or those under the Officer's authority is carried out with due regard for: (a) the duties and responsibilities of custodians that may be imposed by law; and (b) the confidentiality of information in records to which access is restricted by law. (i) report annually to the City Council on program effectiveness; (j) provide records management advice and assistance to all City offices and departments, by preparation of manuals of procedure and policies and by on-site consultation; (k) carry out destruction and transfers that are required by records schedules, and carry out micro-photography tasks when staff and central facility becomes available; (1) design and manage the operations of a records center for the low cost storage of inactive records and as a future site for a centralized micrographics program; (m) develop a City wide forms design and control system; and (n) establish in cooperation with other responsible City officials a disaster plan for each City office and department to insure maximum availability of records for re-establishing operations quickly and with minimum disruption and expense. State law reference - Texas Local Government Code § 203.023. Section 2-44. City Council duties. The City Council shall: (a) establish, promote, and support an active and continuing program for the efficient and economical management of all City of Huntsville records; (b) cause policies and procedures to be developed for the administration of the program under the direction of the records management officer; (c) facilitate the creation and maintenance of City records containing adequate and proper documentation of the organization, functions, policies, decisions, procedures, and essential transactions of the City and designed to furnish the information necessary to protect the legal and financial rights of the City, the State, and persons affected by the activities of the City government; (d) facilitate the identification and preservation of City records that are of permanent value; (e) facilitate the identification and protection of essential City records; (f) cooperate with the commission in its conduct of statewide records management surveys; and (g) review records control schedules, or amended schedules, as it considers necessary. State law reference - Texas Local Government Code § 203.021. Section 2-45. Custodians of records. Custodians of records in the City shall: (a) cooperate with the records management officer in carrying out the policies and procedures established by the City for the efficient and economical management of records and in carrying out requirements under the Act; (b) adequately document the transaction of City business and the services, programs, and duties for which the custodian and the custodian's staff are responsible; (c) maintain the records in the custodian's care and carry out their preservation, microfilming, destruction, or other disposition only in accordance with the policies and procedures of the City's records management program and the requirements of the Act and rules adopted thereunder; (d) designate records officers within their offices and provide the Records Management Officer the names of the designees and all persons working under their supervision, such records officers to report directly to the custodian in their department on matters relating to the records management program and have full access to all files in their respective departments; and (e) State law relating to the duties, other responsibilities, or record keeping requirements of a custodian of records does not exempt the custodian or the records in the custodian's care from the application of this ordinance or rules adopted by the State under the Local Government Records Act of 1989, and may not be used by the custodian as a basis for refusal to participate in the City of Huntsville Records Management Program. State law reference - Texas Local Government Code § 203.022(a) and 203.022(b). Section 2-46. Microfilming of records. (a) Microfilm. Any roll microfilm, microfiche, and all other formats produced by any method of microphotography or other means of miniaturization on film. (b) Microfilming. The methods, procedures, and processes used to produce roll microfilm, microfiche, or other microphotographic formats. (c) All microfilming activities by custodians must be carried out under rules established by the Commission. (d) All City of Huntsville procedures and materials used for microfilm and microfilming City records shall be done and acquired under the aegis of state law, and the City will be subject to all the law, rules, standards and procedures as outlined in the Act. State law reference - Texas Local Government Code chapter 204. Section 2-47. Electronic storage of records. (a) Electronic storage. The maintenance of City record data in the form of digital electronic signals on a computer hard disk, magnetic tape, optical disk, or similar machine-readable medium. (b) Source document. The City record from which City record data is obtained for electronic storage. The term does not include backup copies of the data in any media generated from electronic storage. (c) Any City record data may be stored electronically in addition to or instead of source documents in paper or other media, subject to the requirements of the Act and rules adopted under it. (d) The City will be subject to rules established by the Commission for standards and procedures for electronic storage and will be subject to the provisions of Chapter 205 of the Act. State law reference - Texas Local Government Code chapter 205. Section 2-48. Public access to record copies. (a) The public shall have free access to information in micrographs or microfilm to which they are entitled under law. Such copied records shall be placed in conveniently accessible files and the public shall be allowed to use, examine, exhibit or project or enlarge the same upon request and during regular office hours. (b) The City shall not charge for personnel time in making records available for public inspection under the Texas Open Records Act. State law reference - 1 T.A.C. § 113.63(b). Section 2-49. Fees for copies of certain records. The cost for provisions of City records shall be as follows: (a) Police automobile accident reports, each . . . . . $3.00 (b) Municipal court records, including judgements and complaints, each . . . . . . . . . . . . . . . $3.00 (c) Minutes of council or other boards or commissions, per page . . . . . . . . . . . . . . $ .25 (d) Copies of resolutions, ordinances, and other legal documents, per page . . . . . . . . . . . . $ .25 Minimum . . . . . . . . . . . . . . . . . . . . . $3.00 (e) Maps or plats: Up to 24" x 36" blueline, each . . . . . . . . . . $4.00 Up to 24" x 36" myl ar, each . . . . . . . . . . . $6.00 Larger than 24" x 36", each . . . . . . . . . . . $8.00 (f) Property tax certificate, each . . . . . . . . . .$10.00 (g) The charge for other office machine copies of pages up to and including legal size (8 1/2 inches by 14 inches) are as follows: (1) for 50 pages or less of readily available information, the guideline charge shall be $.10 per page; or (2) for more than 50 pages of readily available information, the guideline charge shall be $.85 for the first page and $.15 for each additional page; (3) for any quantity of information deemed to be not readily available, the actual charge shall be the combined components of $.70 for the first page and $.15 for each page thereafter, plus actual labor costs incurred by the City in providing the requested information. The City's actual labor costs of providing information may include costs of locating and preparing the information and may be computed by multiplying the amount of time actually spent in these activities times the salary rate of the employee performing these activities. For economy and efficiency purposes, an average salary rate composed of all the individuals within the City who perform these tasks may be computed to be used as a standard rate to be applied in all cases; and (4) in establishing charges, the City may add any postal related expenses which may be necessary to transmit the reproduced documents to the requesting party to the charges established pursuant to this subsection. (h) Other records or documents may be reproduced at a fee to be determined by the City manager and equal to the labor and material cost to provide such copy. State law reference - 1 T.A.C. § 113. SECTION 2: Upon the adoption of this ordinance, the City Manager is directed to file with the director and librarian within thirty (30) days the name and office of the Records Management Officer of the City and a copy of this ordinance which establishes the Records Management Program of the City of Huntsville, Texas. See Texas Local Government Code § 203.026(c). SECTION 3: All ordinances or parts of ordinances inconsistent with the terms of this ordinance are hereby repealed; provided, however, that such repeal shall be only to the extent of such inconsistency and in all other respects this ordinance shall be cumulative of other ordinances regulating and governing the subject matter covered by this ordinance. SECTION 4: If any provision, section, exception, subsection, paragraph, sentence, clause or phrase of this ordinance or the application of same to any person or set of circumstances, shall for any reason be held unconstitutional, void or invalid, such invalidity shall not affect the validity of the remaining provisions of this ordinance or their application to other persons or sets of circumstances and to this end all provisions of this ordinance are declared to be severable. ' 1 SECTION 5: Any person who shall intentionally violate any provision of this ordinance shall be deemed guilty of a misdemeanor and upon conviction shall be punished by a fine of not more than two hundred ($200) dollars. SECTION 6: This ordinance shall take effect immediately from and after its passage by the City Council of the City of Huntsville. Introduced, read and passed by the affirmative vote of the City Council of the City of Huntsville, this the 1-/yth day of DEGEMr?ER 1990. Jane onday, it Mayor ATTEST: �thDeSha., CitySec��retary APPROVED AS TO FORM: 4 N Scott Bounds, City Attorney RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: Ordinance 90-32 Health Care Waste,Garbage Defined,Etc. 12-04-90 ORDINANCE NO. go-32- AN 0-3ZAN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, AMENDING CHAPTER 9, GARBAGE, REFUSE AND RUBBISH, OF ITS CODE OF ORDINANCES BY ADOPTING A NEW ARTICLE VIII, SPECIAL WASTES FROM HEALTH CARE RELATED FACILITIES; DEFINING SPECIAL WASTES FROM HEALTH CARE RELATED FACILITIES, PROHIBITING THE DISPOSAL OF SUCH SPECIAL WASTES THROUGH THE CITY REFUSE COLLECTION SERVICE; PROHIBITING THE DISPOSAL OF SUCH SPECIAL WASTES AT THE CITY LANDFILL; PROVIDING A PENALTY OF UP TO $1,000 FOR EACH VIOLATION; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE OF THIS ORDINANCE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, THAT SECTION 1. Chapter 9, Garbage, Refuse and Rubbish, of the Code of Ordinances of the City of Huntsville, Texas, is hereby amended by the adoption of a new Article VIII. Special Wastes from Health Care Related Facilities, that shall read as follows: Article VIII. Special Wastes from Health Care Related Facilities. 9-81. Definitions. (a) Animal Waste - Animal waste includes: (1) carcasses of animals intentionally exposed to pathogens; (2) body parts of animals intentionally exposed to pathogens; (3) whole bulk blood and blood products, serum, and other blood components from animals intentionally exposed to pathogens; and (4) bedding of animals intentionally exposed to pathogens. (b) Blood and blood products - Al waste bulk human blood, serum, plasma and other blood components. (c) Bulk - Bulk blood or body fluids shall mean a volume of 100 ml or more. (d) Microbiological Waste - Microbiological waste includes: (1) cultures and stocks of infectious agents and associated biologicals; (2) cultures of specimens from medical, pathological, pharmaceutical, research, clinical, commercial and industrial laboratories; (3) discarded live and attenuated vaccines; (4) disposable culture dishes; and (5) disposable devices used to transfer, inoculate and mix cultures. (e) Pathological Waste - Pathological waste includes but is not limited to: (1) human materials removed during surgery, labor and delivery, autopsy, or biopsy, including: (i) body parts; (ii) tissues or fetuses; (iii) organs; and (iv) bulk blood and body fluids; (2) products of spontaneous human abortions, including body parts, tissues, fetuses, organs, and bulk blood and body fluids; regardless of the period of gestation; (3) laboratory specimens of blood and tissue after completion of laboratory examination; and (4) anatomical remains. (f) Sharps - Sharps includes the following materials when contaminated: (1) hypodermic needles; (2) hypodermic syringes with attached needles; (3) scalpel blades; (4) razor blades and disposable razors used in surgery, labor and delivery, or other medical procedures; (5) Pasteur pipettes; and (6) broken glass laboratories. (g) Special Waste from Health Care Related Facilities - A solid waste which if improperly treated or handled may serve to transmit an infectious disease(s) and which is comprised of the following: (1) animal waste; (2) bulk blood and blood products; (3) microbiological waste; (4) pathological waste; and (5) sharps. 9-82. Exemptions; Application. (a) This article does not apply to waste generated by the operation of: (1) single or multi-family dwellings; and (2) hotels, motels, or other accommodations which provide lodging and other services for the public. (b) This article does not apply to: (1) teeth; (2) human tissue, including fetal tissue, donated for research or teaching purposes, with the consent of the person authorized to consent as otherwise provided by law, to an institution of higher learning, medical school, a teaching hospital affiliated with a medical school, or to a research institution or individual investigator subject to the jurisdiction of an institutional review board required by 42 U.S.C. Section 289; and (3) placentas designated for sale and obtained from a licensed hospital or a licensed birthing center. (c) This article does apply to special waste from health care related facilities generated by the operation of the following publicly or privately owned or operated health care related facilities, including but not limited to: (1) ambulatory surgical centers; (2) abortion clinics; (3) birthing centers; (4) blood banks and blood drawing centers; (5) clinics, including but not limited to medical, dental, veterinary; (6) clinical, diagnostic, pathological or biomedical research laboratories; (7) educational institution health centers; (8) educational institution research laboratories; (9) emergency medical service providers; (10) end stage renal dialysis facilities; (11) funeral establishments; (12) home health agencies; (13) hospitals; (14) long term care facilities; (15) mental health and mental retardation facilities, including but not limited to hospitals, schools, and community centers; (16) minor emergency centers; (17) occupational health clinics and clinical laboratories; (18) pharmacies; (19) pharmaceutical manufacturing plants and research laboratories; (20) professional offices, including but not limited to the offices of physicians, and dentists; (21) special residential care facilities; and (22) veterinary clinical and research laboratories. 9-83. Disposal of Special Wastes from Health Care Related Facilities through City Refuse Collection Service or Landfill Prohibited. (a) A person commits an offense if that person disposes of special waste from a health care related facility by placing, or by permitting another person to place, such special waste in any refuse container used by the City refuse collection service. (b) A person commits an offense if that person discards any special waste from a health care related facility by discarding, or by permitting another person to discard, such special waste with routine municipal solid waste. (c) A person commits an offense if that person disposes of special waste from a health care related facility by discarding or placing, or by permitting another person to discard or place, such special waste at the City landfill. (d) It is an affirmative defense to prosecution under this section that the special waste from a health care related facility has been treated by on-site incineration by the generator of the waste and is disposed of in accordance with the provisions of 25 Texas Administrative Code chapter 325, subchapter Y. SECTION 2: Any person, firm, or corporation violating any provisions of this Ordinance or failing to comply with any requirement of this Ordinance will be guilty of a misdemeanor and subject to a fine of up to one thousand dollars ($1,000) upon conviction. Each day during or upon which said person shall violate or continue violation of any provision of this Ordinance or non-compliance with any requirement of this Ordinance shall constitute a distinct and separate offense. The violation of any provision of this Ordinance or the failure to comply with any requirement of this Ordinance shall each constitute a distinct and separate offense. SECTION 3: If any section, subsection, sentence, clause, phrase or portion of the Ordinance for any reason shall be held invalid or unconstitutional, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect any of the remaining provisions of this Ordinance. SECTION 4: All Ordinances and parts of Ordinances in conflict with the provisions of this Ordinance are hereby repealed; provided, however, that such repeal shall be only to the extent of such inconsistency and in all other respects this Ordinance shall be cumulative of other Ordinances regulating and governing the subject matter covered by this Ordinance. SECTION 5: The City Secretary is hereby directed to cause the caption of this Ordinance to be published at least twice within ten (10) days of final passage. This Ordinance is to take effect ten (10) days after the date of final passage. PASSED AND APPROVED this day of December, 1990. CITY 0 HUNTSVILLE, TEXAS By J ONDAY, M YOR ATT eShaw, City Secretary APP ED ASXTOOR Scott Bounds, City Attorney RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: Ordinance 9 1-1 Stop Sign-Hill St.&Smith Hill Rd. 02-05-91 ORDINANCE NO. 91-1 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, AMENDING CHAPTER 12, MOTOR VEHICLES AND TRAFFIC, OF ITS CODE OF ORDINANCES BY PROVIDING A STOP SIGN ON HILL STREET AT SMITH HILL ROAD; PROVIDING A PENALTY OF UP TO $200 A DAY FOR CERTAIN VIOLATIONS; MAKING OTHER RELATED FINDINGS AND PROVISIONS RELATED THERETO; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, THAT: Section 1: The following described intersection is designated as a stop intersection: Intersection At Hill Street Smith Hill Road Section 2: Schedule VIII, Stop Intersections, of Chapter 12, Motor Vehicles and Traffic, of the Code of Ordinances of the City of Huntsville, Texas, shall be revised to reflect the amendments made by this ordinance. Section 3: The City Manager is authorized and directed to cause the posting of proper signs at the above described intersection. Section 4: It shall be unlawful for driver of a vehicle to disobey the instruction of the signs placed in accordance with the provisions of this ordinance unless at the time otherwise directed by a Police Officer. Section 5: Any person, firm or corporation violating any provision of this ordinance or failing to comply with any requirement of the ordinance will be guilty of a misdemeanor and subject to a fine of up to two hundred ($200.00) dollars upon conviction. Each day during or upon which said person shall violate or continue violation of any provision of this ordinance or non-compliance with any requirement of this ordinance shall constitute a distinct and separate offense. The violation of any provision of the ordinance or the failure to comply with any requirement of this ordinance shall each constitute a distinct and separate offense. Section 6: If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect any of the remaining provisions of this ordinance. Section 7: Al ordinances and parts of ordinances in conflict with the provisions of this ordinance are hereby repealed; provided, however, that such repeal shall be only to the extent of such inconsistency and in all other respects this ordinance shall be cumulative of other ordinances regulating and governing the subject matter covered by this ordinance. Section 8: This ordinance shall take effect ten (10) days after its passage by the City Council. The City Secretary shall publish the caption of this ordinance in the official City newspaper at least twice within ten (10) days of its passage. PASSED AND APPROVED THIS �1 day of 1991. THE CITY OF HUNTSVILLE Bill Hodges, Ma r (:;eS is41y�retary APPROYED AS TO FORM: S tt B unds, City Attorney RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: Ordinance 91-2 Stop Sign-Pine Valley @ Willow Bend 02-05-91 ORDINANCE NO. 91-2 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, AMENDING CHAPTER 12, MOTOR VEHICLES AND TRAFFIC, OF ITS CODE OF ORDINANCES BY PROVIDING A STOP SIGN ON PINE VALLEY AT WILLOW BEND; PROVIDING A PENALTY OF UP TO $200 A DAY FOR CERTAIN VIOLATIONS; MAKING OTHER RELATED FINDINGS AND PROVISIONS RELATED THERETO; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, THAT: Section 1: The following described intersection is designated as a stop intersection: Intersection At Pine Valley Willow Bend Section 2: Schedule VIII, Stop Intersections, of Chapter 12, Motor Vehicles and Traffic, of the Cade of Ordinances of the City of Huntsville, Texas, shall be revised to reflect the amendments made by this ordinance. Section 3: The City Manager is authorized and directed to cause the posting of proper signs at the above described intersection. Section 4: It shall be unlawful for driver of a vehicle to disobey the instruction of the signs placed in accordance with the provisions of this ordinance unless at the time otherwise directed by a Police Officer. Section 5: Any person, firm or corporation violating any provision of this ordinance or failing to comply with any requirement of the ordinance will be guilty of a misdemeanor and subject to a fine of up to two hundred ($200.00) dollars upon conviction. Each day during or upon which said person shall violate or continue violation of any provision of this ordinance or non-compliance with any requirement of this ordinance shall constitute a distinct and separate offense. The violation of any provision of the ordinance or the failure to comply with any requirement of this ordinance shall each constitute a distinct and separate offense. Section 6: If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect any of the remaining provisions of this ordinance. Section 7: All ordinances and parts of ordinances in conflict with the provisions of this ordinance are hereby repealed; provided, however, that such repeal shall be only to the extent of such inconsistency and in all other respects this ordinance shall be cumulative of other ordinances regulating and governing the subject matter covered by this ordinance. Section 8: This ordinance shall take effect ten (10) days after its passage by the City Council. The City Secretary shall publish the caption of this ordinance in the official City newspaper at least twice within ten (10) days of its passage. PASSED AND APPROVED THIS_-�//? day of `Zebf , 1991. THE CITY OF HUNTSVILLE B � Bill Hodges, Ma AT RDeShaw, City Secretary APPRO ED AS TO FORM: Scott Bou s, City Attorney RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: Ordinance 91-3 No Parking Zones on Patrick St. 02-05-91 ORDINANCE NO. 91-3 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, AMENDING CHAPTER 12, MOTOR VEHICLES AND TRAFFIC, OF ITS CODE OF ORDINANCES BY ESTABLISHING NO PARKING ZONES ON THE SOUTH SIDE OF PATRICK STREET FROM TRINITY CUT-OFF TO 290 FEET EAST OF TRINITY CUT- OFF; PROVIDING A PENALTY OF UP TO $200 A DAY FOR CERTAIN VIOLATIONS; MAKING OTHER RELATED FINDINGS AND PROVISIONS RELATED THERETO; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, THAT: Section 1: The following described curb zones and areas are designated as no parking zones: Street Name Side of Street Limits Patrick Street South Trinity Cut-Off to 290 feet east of Trinity Cut-Off Section 2: Schedule III, No Parking Zones, of Chapter 12, Motor Vehicles and Traffic, of the Code of Ordinances of the City of Huntsville, Texas, shall be revised to reflect the amendments made by this ordinance. Section 3: The City Manager is authorized and directed to cause the posting of proper signs along the above described streets and parking zones. Section 4: It shall be unlawful for driver of a vehicle to disobey the instruction of the signs placed in accordance with the provisions of this ordinance unless at the time otherwise directed by a Police Officer. Section 5: Any person, firm or corporation violating any provision of this ordinance or failing to comply with any requirement of the ordinance will be guilty of a misdemeanor and subject to a fine of up to two hundred ($200.00) dollars upon conviction. Each day during or upon which said person shall violate or continue violation of any provision of this ordinance or non-compliance with any requirement of this ordinance shall constitute a distinct and separate offense. The violation of any provision of the ordinance or the failure to comply with any requirement of this ordinance shall each constitute a distinct and separate offense. Section 6: If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect any of the remaining provisions of this ordinance. Section 7: All ordinances and parts of ordinances in conflict with the provisions of this ordinance are hereby repealed; provided, however, that such repeal shall be only to the extent of such inconsistency and in all other respects this ordinance shall be cumulative of other ordinances regulating and governing the subject matter covered by this ordinance. Section 8: This ordinance shall take effect ten (10) days after its passage by the City Council. The City Secretary shall publish the caption of this ordinance in the official City newspaper at least twice within ten (10) days of its passage. � PASSED AND APPROVED THIS� day of J ramu I , 1991. THE CITY OF HUNTSVILLE Bill Hodges, Mayor A 4a,, ity Secre a APP ED TO FORM: A; tt Bounds, City Attorney RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: Ordinance 91-4 Approve C.O.'s for'91 Roll-off Truck 03-28-91 ORDINANCE NO. 91- , AN ORDINANCE APPROVING CLAIM AND DELIVERY OF CERTIFICATES OF OBLIGATION FOR A NEW 1991 ROLL-OFF TRUCK; AND CONTAINING OTHER PROVISIONS RELATED HERETO. WHEREAS the City Council of the City of Huntsville, Texas, (City), published notice of intention to issue Certificates of Obligation for a new 1991 roll-off truck on November 13, 1990, and November 20, 1990; and WHEREAS the City Council of the City on December 4, 1990, by Ordinance No. 90-30, found that it was advisable for the City to purchase one new 1991 roll-off truck and that Certificates of Obligation be issued by the City for all or any part of the cost of same; and WHEREAS the City awarded a contract to Barrett White GMC in the amount of $78,786.00 as the lowest and best bid for the purchase of the new 1991 roll-off truck; and WHEREAS the City Council wishes to authorize payment thereof and delivery of the Certificates of Obligation. THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, THAT: Section 1: There is now due and owing to Barrett White GMC the sum of $78,786.00. Section 2: The Certificates of Obligation herein authorized to be delivered shall bear interest at the rate of 7.19% per annum from date of initial delivery shown on the face of such certificate. Section 3: There shall be executed and delivered to Barrett White GMC a Certificate of the City of Huntsville, Texas, Equipment Acquisition Certificate of Obligation, dated March 28, 1991, in the principal amount of $78,786.00. The City Manager is directed and authorized to pay the contractor the difference between the Certificates issued and the contract amount from current budget funds. Section 4: The Mayor, City Secretary and other appropriate City officials are hereby authorized and directed to deliver the Certificate and to do any and all things necessary or convenient to carry out the terms of this ordinance. INTRODUCED, R AonAND thPsASSED the by the unanimous Marcho e o the City Council of the City of CITY OFF HUNTSVILLE, TEXAS W. H. Hodges, or AT �De R a ,ty a re a APPROVED: Scott Bounds, City Attorney RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: Ordinance 91-5 Amending Ch.2-Emp.Liab.Ins. 04-09-91 ORDINANCE NO. 91-5 AN ORDINANCE AMENDING CHAPTER 2, ADMINISTRATION, OF THE HUNTSVILLE CODE OF ORDINANCES, AS AMENDED; CREATING THE CITY OF HUNTSVILLE OFFICER AND EMPLOYEE LIABILITY PLAN; PROVIDING COVERAGE, LIMITS OF COVERAGE, EXCLUSIONS, AND RELATED PROVISIONS FOR THE INDEMNIFICATION AND DEFENSE OF CITY OFFICERS AND EMPLOYEES; PROVIDING A SAVING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS: SECTION 1. That Chapter 2, Administration, of the Huntsville Code of Ordinances, as amended, is amended by adding Article VI to read as follows: ARTICLE VI. OFFICER AND EMPLOYEE LIABILITY PLAN SEC. 2-70. DEFINITIONS. (A) City means the City of Huntsville, Texas. (B) City Vehicle means a vehicle or mobile equipment either leased or owned by the City. (C) Loss means an amount which a plan member is legally obligated to pay resulting from an act or omission of the plan member which is covered under this plan. (D) Plan means the City of Huntsville Officer and Employees Liability Plan. (E) Plan Member means a person who is: (1) an employee of the City; (2) a member of a City board, commission, or committee created by charter, ordinance, or resolution of the City; (3) a member or former member of the City Council; or (4) a volunteer who has been approved as a volunteer by a departmental volunteer coordinator and who is working under the direction of an employee of the City. SEC. 2-71. COVERAGE. (A) The City shall indemnify and defend a plan member, in accordance with the terms of this plan, against a loss arising out of any claim, suit, or judgment resulting from an act or omission of the plan member during the discharge of his duties and within the scope of his office, employment, or assigned volunteer work with the City. (B) A plan member whose position with the City terminates is entitled to coverage in accordance with this plan for any event that occurred while the person was a plan member. SEC. 2-72. DEFENSE. (A) The City will defend any suit against a plan member who is covered under this plan even if the suit is groundless or fraudulent. (B) The City may investigate, negotiate, and settle any claim or suit as it determines necessary. SEC. 2-73. LIMITS OF COVERAGE. (A) The City will pay losses covered by this plan that a plan member is legally obligated to pay, except, that in cases arising under the Texas Tort Claims Act (Chapter 101, Texas Civil Practice and Remedies Code) the City will pay losses covered by this plan that a plan member is legally obligated to pay up to, but not exceeding the limits of liability provided by that Act, as amended for units of government. (B) In addition to the coverage provided in paragraph (A), the City will pay: (1) the City's expense in investigating and defending the claim or lawsuit; (2) costs taxed against a plan member in a suit covered by this plan and interest that accrues after entry of judgment before the City has deposited payment with the court on that part of the judgment which does not exceed the limits of coverage; (3) reasonable expenses of the plan member incurred at the City's request; and (4) attorney's fees ordered by the court to be paid by the plan member. SEC. 2-74. NOTICE OF OCCURRENCE, CLAIM, OR SUIT; COOPERATION. To be entitled to coverage under the plan a plan member must: (A) notify the City Attorney as soon as practicable upon receipt of written notice of a claim or lawsuit, but no later than three working days after receipt; (B) cooperate with the City Attorney and, upon the City Attorney's request, assist in making settlements, in the conduct of suits, and in enforcing any right of contribution or indemnity against a person or organization who may be liable to the city because of injury or damage covered under the plan; (C) attend hearings and trials and assist in securing and giving evidence and obtaining the attendance of witnesses; and (D) not, except upon advice of the City Attorney or when questioned by a police officer at the scene of an accident, give any oral or written statement or enter into any stipulation or agreement concerning a claim or lawsuit; (E) not, except at his own cost, voluntarily make any payment, assume any obligation, or incur any expense with respect to a claim or lawsuit without the consent of the City. SEC. 2-75. PLAN PERIOD. This plan covers only acts or omissions occurring or alleged to have occurred: (A) while the plan is in effect; (B) before the plan was in effect and which are not barred by any statute of limitations; and (C) if the plan is canceled, while the plan is in effect and which are not barred by any statute of limitations. SEC. 2-76. EXCLUSIONS. Coverage under this plan does not apply to a claim or lawsuit that is brought against a plan member: (A) by the City; (B) arising out of the intentional or knowing violation of a penal statute or ordinance committed by or with the knowledge or consent of the plan member, or any claim arising out of acts of fraud committed by or at the direction of the plan member with intent to deceive or defraud; (C) arising either while the plan member is operating a city vehicle with no authority to operate the vehicle, or while the plan member is operating a city vehicle in the course of personal or private business; (D) for liability assumed by the plan member under a contract, unless the contract is entered into at the request of the City; (E) if the plan member joins or attempts to join with the suit against the plan member a claim against the City for benefits under this plan; or (F) if the plan member fails to comply with Section V of this plan. SEC. 2-77. SUBROGATION. If payment or legal representation is provided under this plan, the City is subrogated to the plan member's rights of recovery against any person or organization to the extent of the City's liability and payments, and the plan member must execute and deliver to the City Attorney whatever documents are necessary to secure those rights. The plan member must not do anything after a loss to prejudice those rights. SEC. 2-78. LEGAL REPRESENTATION. (A) The City will provide legal representation for a plan member in a claim or suit in which the plan member is covered under this plan. (B) If the City Attorney determines that there is a conflict of interests for the City Attorney in representing a plan member, and the plan member is otherwise entitled to coverage under this plan, the City will pay the reasonable fee of a private attorney to represent the plan member. The private attorney will be selected by mutual agreement of the plan member and the City Attorney. SEC. 2-79. DETERMINATION OF COVERAGE. If the city denies coverage to a plan member, the plan member may seek a determination of coverage by a court of proper jurisdiction in Walker County, Texas. If the court rules in favor of the plan member, the City shall provide the plan member all benefits under the plan and shall reimburse the plan member for reasonable attorney fees, expenses and costs incurred in obtaining the determination of coverage. SEC. 2-80. NO CREATION OF CAUSE OF ACTION. Nothing contained in this plan shall be construed as creating a right or cause of action against a plan member nor as giving a right to a third party to institute or maintain a suit which would not otherwise exist under law as a legal claim against a plan member. SECTION 2. That the Huntsville Code of Ordinances, as amended, shall remain in full force and effect, save and except as amended by this ordinance. SECTION 3. That the terms and provisions of this ordinance are severable and are governed by Section 1-5 of CHAPTER I of the Huntsville Code of Ordinance as amended. SECTION 4. That this ordinance shall take effect immediately from and after its passage and publication in accordance with the provisions of the Charter of the City of Huntsville, and it is accordingly so ordained. Passed and approved this 9th day of April 1991. Hodges, d9 S Mayor APPROVED AS TO FORM: Scott Bounds, City Attorney Attest: �D.�ha., ity RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: Ordinance 91-6 COH Rev.Bonds-W.W.&San.Sewer Systems 04-30-91 ORDINANCE NO. ORDINANCE DIRECTING THE GIVING OF NOTICE OF INTENTION TO ISSUE CITY OF HUNTSVILLE, TEXAS, WATERWORKS AND SANITARY SEWER SYSTEM REVENUE BONDS, SERIES 1991 THE STATE OF TEXAS § COUNTY OF WALKER § CITY OF HUNTSVILLE § WHEREAS, the City Council of the City of Huntsville, Texas (the "City"), deems it necessary and advisable that the bonds hereinafter described be authorized, issued, sold and delivered as soon as possible; Now, Therefore BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILI Section 1. The Notice attached hereto shall be published in English and Spanish in The Huntsville Item, which is a newspaper published in the City, and is the official newspaper of the City, at least once a week for two consecutive weeks prior to June 11, 1991, with the date of the first publication to be at least fifteen (15) days prior to June 11, 1991. Section 2. Such bonds shall be sold at public sale upon sealed bids after at least thirty days notice thereof has been published at least once in The Texas Bond Reporter, a publication carrying municipal bond notices and devoted primarily to financial news, and in the official newspaper of the City. PASSED AND APPROVED this 30th day of April, 1991. az Mayor CITY OF HUNTSVILLE, EXAS ATTEST: ty Secretary CITY OF HUNTSVILLE, TEXAS (SEAL) APPROVED AS TO LEGALITY: City A rney CITY OF HUNTSVILLE, TEXAS NOTICE OF INTENTION TO ISSUE REVENUE BONDS Pursuant to the provisions of Article 2368a, Vernon's Texas Civil Statutes, as amended, and Chapter 252, Local Government Code, as amended, notice is hereby given that the City Council of the City of Huntsville, Texas (the "City"), will meet at 7:00 p.m. on June 11, 1991, at the Council Chamber, City Hall, Huntsville, Texas, to consider adopting an ordinance authorizing the issuance of the City of Huntsville, Texas, Waterworks and Sanitary Sewer System Revenue Bonds in an amount not exceeding $1,700,000, maturing serially or otherwise over a period of not more than 40 years, with interest payable semiannually at a rate not in excess of that prescribed by Article 717k-2, Vernon's Texas Civil Statutes, as amended, for the purpose of constructing improvements and extensions to the City's waterworks and sanitary sewer system, in accordance with the provisions of Articles 1111 through 1118, Vernon's Texas Civil Statutes, as amended. By order of the City Council of the City of Huntsville, Texas. /s/ Ruth DeShaw City Secretary City of Huntsville, Texas �T oL CERTIFICATE FOR ORDINANCE THE STATE OF TEXAS § COUNTY OF WALKER § We, the undersigned officers of the City Council of the City of Huntsville, Texas, hereby certify as follows: 1. The City Council of the City of Huntsville, Texas, convened in regular meeting on the 30th day of April, 1991, at the regular meeting place thereof, within said City, and the roll was called of the duly constituted officers and members of said City Council and the City Secretary, to wit: W. H. Hodges Mayor Ronald L. Lange Councilmember - Ward 1 William H. Knotts, Jr. Councilmember - Ward 2 Charles Robinson Councilmember - Ward 3 Gary Bell Councilmember - Ward 4 Gene Barrett Councilman-at-Large - Position 1 Ila G. Gaines Councilman-at-Large - Position 2 Jim Carter Councilman-at-Large - Position 3 William B. Green Councilman-at-Large - Position 4 Ruth DeShaw City Secretary and all of said persons were resent, except the following M9 absentee(s): A thus constituting a quorum. Whereupon, among other business, the following was transacted at said meeting: a written ORDINANCE DIRECTING THE GIVING OF NOTICE OF INTENTION TO ISSUE CITY OF HUNTSVILLE, TEXAS, WATERWORKS AND SANITARY SEWER SYSTEM REVENUE BONDS, SERIES 1991 was duly introduced for the consideration of said City Council and read in full. It was then duly moved and seconded that said ordinance be adopted; and, after due discussion, said motion, carrying with it the adoption of said ordinance, prevailed and carried by the following vote: AYES: All members of the City Council shown present above voted "Aye". ORDINANCE DIRECTING THE GIVING OF NOTICE OF INTENTION (CERTIFIED COPIES) After the Ordinance has been adopted by the City Council, please fill in all blanks on the Certificate for Ordinance, have executed by the Mayor and City Secretary and sealed with the City seal. Return all copies to Joetta Bowie, Vinson & Elkins, 2774 First City Tower, 1001 Fannin, Houston, Texas 77002-6760. - - 607W- f NOTICE OF INTENTION TO ISSUE REVENUE BONDS Pursuant to the provisions of Article 2368a, Vernon's Texas Civil Statutes, as amended, and Chapter 252, Local Government Code, as amended, notice is hereby given that the City Council of City of Huntsville, Texas (the "City"), will meet -c 7:u� p.m. ca June 11, 1991, at the Council Chamber, City Hall, Huntsville, Texas, to consider adopting an ordinance authorizing the issuance of the City of Huntsville, Texas, Waterworks and Sanitary Sewer System Revenue Bonds in an amount not exceeding $1,700,000, maturing serially or otherwise over a period of not more than 40 years, with interest payable semiannually at a rate not in excess of that prescribed by Article 717k-2, Vernon's Texas Civil Statutes, as amended, for the purpose of constructing improvements and extensions to the Citv's waterworks and sanitary sewer system, in accordance with the provisions of Articles llil through 1118, Vernon's Texas Civil Statutes, as amended. By order of the City Council of the City of Huntsville, Texas. /s/ Ruth DeShaw City Secretary City of Huntsville, Texas CORRECT ION This Document Has Been Rephotographed To Assure Legibility. Microfilming Target RMD 210(August 1987) Texas State Library Reproduction of this form at the agency State Records Center level is authorized. file 1 or�- CERTIFICATE FOR ORDINANCE THE STATE OF TEXAS § COUNTY OF WALKER § We, the undersigned officers of the City Council of the City of Huntsville, Texas, hereby certify as follows: 1. The City Council of the City of Huntsville, Texas, convened in regular meeting on the 30th day of April, 1991, at the regular meeting place thereof, within said City, and the roll was called of the duly constituted officers and members of said City Council and the City Secretary, to wit: W. H. Hodges Mayor Ronald L. Lange Councilmember - Ward 1 William H. Knotts, Jr. Councilmember - Ward 2 Charles Robinson Councilmember - Ward 3 Gary Bell Councilmember - Ward 4 Gene Barrett Councilman-at-Large - Position 1 Ila G. Gaines Councilman-at-Large - Position 2 Jim Carter Councilman-at-Large - Position 3 William B. Green Councilman-at-Large - Position 4 Ruth DeShaw City Secretary and all of said persons were resent, except the following absentee(s): O/UE thus constituting a quorum. Whereupon, among other business, the following was transacted at said meeting: a written ORDINANCE DIRECTING THE GIVING OF NOTICE OF INTENTION TO ISSUE CITY OF HUNTSVILLE, TEXAS, WATERWORKS AND SANITARY SEWER SYSTEM REVENUE BONDS, SERIES 1991 was duly introduced for the consideration of said City Council and read in full. It was then duly moved and seconded that said ordinance be adopted; and, after due discussion, said motion, carrying with it the adoption of said ordinance, prevailed and carried by the following vote: AYES: All members of the City Council shown present above voted "Aye". ORDINANCE DIRECTING THE GIVING OF NOTICE OF INTENTION 1 (CERTIFIED COPIES) After the ordinance has been adopted by the City Council, please fill in all blanks on the Certificate for Ordinance, have executed by the Mayor and City Secretary and sealed with the City seal. Return all copies to Joetta Bowie, Vinson & Elkins, 2774 First City Tower, 1001 Fannin, Houston, Texas 77002-6760. _ ,Dorms s-i-q/�� I the persons named in the above and foregoing paragraph are the duly chosen, qualified and acting officers and members of said City Council as indicated therein; that each of the officers and members of said City Council was duly and sufficiently notified officially and personally, in advance, of the date, hour, place and purpose of the aforesaid meeting, and that said ordinance would be introduced and considered for adoption at said meeting, and each of said officers and members consented, in advance, to the holding of said meeting for such purpose; that said meeting was open to the public as required by law; and that public notice of the date, hour, place and subject of said meeting was given as required by Vernon's Article 6252-17, as amended. SIGNED AND SEALED this 30th day of April, 1991. \ y Secretary Mayor (SEAL) i NOTICE OF INTENTION TO ISSUE REVENUE BONDS Pursuant to the provisions of Article 2368a, Vernon's Texas Civil Statutes, as amended, and Chapter 252, Local Government Code, as amended, notice is hereby given that the City Council o` L City of Huntsville, Texas (the "City"), will meet :cu p.m. ca June 11, 1991, at the Council Chamber, City Hall, Huntsville, Texas, to consider adopting an ordinance authorizing the issuance of the City of Huntsville, Texas, Waterworks and Sanitary Sewer System Revenue Bonds in an amount not exceeding $1,700,000, maturing serially or otherwise over a period of not more than 40 years, with interest payable semiannually at a rate not in excess of that prescribed by Article 717k-2, Vernon's Texas Civil Statutes, as amended, for the purpose of constructing improvements and extensions to the Citv's waterworks and sanitary sewer system, in accordance with the provisions of Articles 1111 through 1118, Vernon's Texas Civil Statutes, as amended. By order of the City Council of the City of Huntsville, Texas. /s/ Ruth DeShaw City Secretary City of Huntsville, Texas RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: Ordinance 91-7 Stop Sign on Old Colony Rd.@ El Rd. 04-30-91 ORDINANCE NO. 91- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, AMENDING CHAPTER 12, MOTOR VEHICLES AND TRAFFIC, OF ITS CODE OF ORDINANCES BY PROVIDING A STOP SIGN ON OLD COLONY ROAD AT EL ROAD; PROVIDING A PENALTY OF UP TO $200 A DAY FOR CERTAIN VIOLATIONS; MAKING OTHER RELATED FINDINGS AND PROVISIONS RELATED THERETO; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, THAT: Section 1: The following described intersection is designated as a stop intersection: Intersection At Old Colony Road E1 Road Section 2: Schedule VIII, Stop Intersections, of Chapter 12, Motor Vehicles and Traffic, of the Code of Ordinances of the City of Huntsville, Texas, shall be revised to reflect the amendments made by this ordinance. Section 3: The City Manager is authorized and directed to cause the posting of proper signs at the above described intersection. Section 4: It shall be unlawful for driver of a vehicle to disobey the instruction of the signs placed in accordance with the provisions of this ordinance unless at the time otherwise directed by a Police Officer. Section 5: Any person, firm or corporation violating any provision of this ordinance or failing to comply with any requirement of the ordinance will be guilty of a misdemeanor and subject to a fine of up to two hundred ($200.00) dollars upon conviction. Each day during or upon which said person shall violate or continue violation of any provision of this ordinance or non-compliance with any requirement of this ordinance shall constitute a distinct and separate offense. The violation of any provision of the ordinance or the failure to comply with any requirement of this ordinance shall each constitute a distinct and separate offense. Section 6: If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect any of the remaining provisions of this ordinance. Section 7: All ordinances and parts of ordinances in conflict with the provisions of this ordinance are hereby repealed; provided, however, that such repeal shall be only to the extent of such inconsistency and in all other respects this ordinance shall be cumulative of other ordinances regulating and governing the subject matter covered by this ordinance. Section 8: This ordinance shall take effect ten (10) days after its passage by the City Council. The City Secretary shall publish the caption of this ordinance in the official City newspaper at least twice within ten (10) days of its passage. PASSED AND APPROVED THIS SO-t j day of ri 1991. THE CITY OF HUNTSVIILLE -/ / By 2i�f- n 241:A William H. Hodges, Mayor (:h RDeShZaw, City Secretary APPROVED AS TO FORM: 1,12 Sc t B nds, City Attorney RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: Ordinance 91-8 Itsssuance of$2.5 mil.St.Imp.Bond ORDINANCE NO. 91-8 ORDINANCE AUTHORIZING THE ISSUANCE OF $2,500,000 CITY OF HUNTSVILLE, TEXAS, STREET IMPROVEMENT BONDS, SERIES 1991 THE STATE OF TEXAS § COUNTY OF WALKER § CITY OF HUNTSVILLE § WHEREAS, the bonds hereinafter authorized were duly and favorably voted at an election held in the City on the 8th day of August, 1987; and WHEREAS, the City Council of the City does hereby determine that bonds in the amount of $2,500,000 should be issued, as the final installment of the $4,500,000 bonds voted at the election mentioned above, $2,000,000 of such bonds having been heretofore issued, sold and delivered; Now, Therefore BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE: 1. Definitions. Throughout this ordinance the following terms and expressions as used herein shall have the meanings set forth below: The term "Acts" shall mean Articles 717k-6 and 823, Vernon's Texas Civil Statutes, as amended. The term "Bond" or "Bonds" shall mean any bond or all bonds, as the case may be, of the Series 1991 Bonds authorized in this Ordinance, unless the context clearly indicates otherwise. The term "Business Day" shall mean any day which is not a Saturday, Sunday, a day on which banking institutions in the city where the principal corporate trust office of the Registrar is located are authorized by law or executive order to close, or a legal holiday. The term "City" shall mean the City of Huntsville, Texas. The term "Code" shall mean the Internal Revenue Code of 1986, as amended. The term "Comptroller" shall mean the Comptroller of Public Accounts of the State of Texas. The term "Interest and Sinking Fund" shall mean the interest and sinking fund established by the City pursuant to Section 18 of this Ordinance. The term "Interest Payment Date", when used in connection with any Bond, shall mean October 1, 1991, and each April 1 and October 1 thereafter until maturity or earlier redemption. The term "Ordinance" as used herein and in the Bonds shall mean this ordinance authorizing the Bonds. The 'term "Owner" shall mean any person who shall be the registered owner of any outstanding Bond. The term "Paying Agent" shall mean the Registrar. The term "Record Date" shall mean, for any Interest Payment Date, the 15th day of the month next preceding each Interest Payment Date. The term "Register" shall mean the books of registration kept by the Registrar, in which are maintained the names and addresses of, and the principal amounts of the Bonds registered to, each Owner. The term "Registrar" shall mean First National Bank, Huntsville, Texas, and its successors in that capacity. 2. Authorization. The Bonds shall be issued pursuant to the Acts and Article XI of the City Charter in fully registered form, without coupons, in the total amount of Two Million Five Hundred Thousand Dollars ($2,500,000) for the purpose of the construction and improvement of the roads, bridges and streets of the City, including, without limitation, related drainage improvements. 3. Designation Date and Interest Payment Dates. The Bonds shall be designated as the "CITY OF HUNTSVILLE, TEXAS, STREET IMPROVEMENT BONDS, SERIES 199111, and shall be dated April 1, 1991. The Bonds shall bear interest at the rates set forth below from the later of April 1, 1991, or the most recent Interest Payment Date to which interest has been paid or duly provided for, calculated on the basis of a 360 day year of twelve 30 day months, interest payable on October 1, 1991, and semiannually thereafter on April 1 and October 1 of each year until maturity or earlier redemption. 4. Initial Bonds; Numbers and Denominations. The Bonds shall be issued bearing the numbers, in the principal amounts, and bearing interest at the rates set forth in the following schedule, and may be transferred and exchanged as set out in this Ordinance. The Bonds shall mature on October 1 in each of the years and in the amounts set out in such schedule. Bonds delivered on transfer of or in exchange for other Bonds shall be numbered in order of their authentication by the Registrar, shall be in the denomination of $5,000 or integral multiples thereof, and shall mature on the -2- same date and bear interest at the same rate as the Bond or Bonds in lieu of which they are delivered. Bond Principal Interest Number Year Amount Rate R- 1 1994 $100,000 _$ R- 2 1995 100,000 $ R- 3 1996 100,000 $ R- 4 1997 100,000 $ R- 5 1998 125,000 $ R- 6 1999 125,000 $ R- 7 2000 125,000 $ R- 8 2001 125,000 _$ R- 9 2002 150,000 $ R-10 2003 150,000 $ R-11 2004 150,000 $ R-12 2005 350,000 _$ R-13 2006 400,000 $ R-14 2007 400,000 $ 5. Execution of Bonds: Seal. The Bonds shall be signed by the Mayor of the City and countersigned by the City Secretary of the City, by their manual, lithographed, or facsimile signatures, and the official seal of the City shall be impressed or placed in facsimile thereon. Such facsimile signatures on the Bonds shall have the same effect as if each of the Bonds had been signed manually and in person by each of said officers, and such facsimile seal on the Bonds shall have the same effect as if the official seal of the City had been manually impressed upon each of the Bonds. If any officer of the City whose manual or facsimile signature shall appear on the Bonds shall cease to be such officer before the authentication of such Bonds or before the delivery of such Bonds, such manual or facsimile signature shall nevertheless be valid and sufficient for all purposes as if such officer had remained in such office. 6. A_onroval by Attorney General: Registration by Comptroller. The Bonds to be initially issued shall be delivered to the Attorney General of Texas for approval and shall be registered by the Comptroller. The manually executed registration certificate of the Comptroller substantially in the form provided in Section 16 of this Ordinance shall be attached or affixed to the Bonds to be initially issued. 7. Authentication. Except for the Bonds to be initially issued, which need not be authenticated by the Registrar, only such Bonds which bear thereon a certificate of authentication, substantially in the form provided in Section 16 of this Ordinance, manually executed by an authorized representative of the Registrar, -3- shall be entitled to the benefits of this Ordinance or shall be valid or obligatory for any purpose. Such duly executed certificate of authentication shall be conclusive evidence that the Bonds so authenticated were delivered by the Registrar hereunder. 8. Payment of Principal and Interest. The Registrar is hereby appointed as the paying agent for the Bonds. The principal of the Bonds shall be payable, without exchange or collection charges, in any coin or currency of the United States of America which, .on the date of payment, is legal tender for the payment of debts due the United States of America, upon their presentation and surrender as they respectively become due and payable, whether at maturity or by prior redemption, at the principal corporate trust office of the Registrar. The interest on each Bond shall be payable by check payable on the Interest Payment Date, mailed by the Registrar on or before each Interest Payment Date to the Owner of record as of the Record Date, to the address of such owner as shown on the Register. If the date for payment of the principal of or interest on any Bond is not a Business Day, then the date for such payment shall be the next succeeding Business Day with the same force and effect as if made on the date such payment was originally due. 9. Successor Registrars. The City covenants that at all times while any Bonds are outstanding it will provide a commercial bank or trust company organized under the laws of the State of Texas or other entity duly qualified and legally authorized to serve as and perform the duties and services of the Registrar and Paying Agent for the Bonds. The City reserves the right to change the Registrar for the Bonds on not less than 60 days written notice to the Registrar, so long as any such notice is effective not less than 60 days prior to the next succeeding principal or interest payment date on the Bonds. Promptly upon the appointment of any successor Registrar, the previous Registrar shall deliver the Register or copies thereof to the new Registrar, and the new Registrar shall notify each Owner, by United States mail, first class postage prepaid, of such change and of the address of the new Registrar. Each Registrar hereunder, by acting in that capacity, shall be deemed to have agreed to the provisions of this Section. 10. Special Record Date. If interest on any Bond is not paid on any Interest Payment Date and continues unpaid for thirty (30) days thereafter, the Registrar shall establish a new record date for the payment of such interest, to be known as a Special Record Date. The Registrar shall establish a Special Record Date when funds to make such interest payment are received from or on behalf of the City. Such Special Record Date shall be fifteen (15) days prior to the date fixed for payment of such past due interest, and notice of the date of payment and the Special Record Date shall be -4- sent by United States mail, first class, postage prepaid, not later than five (5) days prior to the Special Record Date, to each affected Owner of record as of the close of business on the day prior to the mailing of such notice. 11. ownership; Unclaimed Principal and Interest. The City, the Registrar and any other person may treat the person in whose name any Bond is registered as the absolute Owner of such Bond for the purpose of making and receiving payment of principal or interest on such Bond, and for all other purposes, whether or not such Bond is overdue, and neither the City nor the Registrar shall be bound by any notice or knowledge to the contrary. All payments made to the person deemed to be the Owner of any Bond in accordance with this Section 11 shall be valid and effectual and shall dis- charge the liability of the City and the Registrar upon such Bond to the extent of the sums paid. Amounts held by the Registrar which represent principal of and interest on the Bonds remaining unclaimed by the Owner after the expiration of three years from the date such amounts have become due and payable shall be reported and disposed of by the Registrar in accordance with the applicable provisions of Texas law including, to the extent applicable, Title 6 of the Texas Property Code, as amended. 12. Registration. Transfer, and Exchance. So long as any Bonds remain outstanding, the Registrar shall keep the Register at its principal corporate trust office and, subject to such reasonable regulations as it may prescribe, the Registrar shall provide for the registration and transfer of Bonds in accordance with the terms of this Ordinance. Each Bond shall be transferable only upon the presentation and surrender thereof at the principal corporate trust office of the Registrar, duly endorsed for transfer, or accompanied by an assignment duly executed by the registered Owner or his authorized representative in form satisfactory to the Registrar. Upon due presentation of any Bond in proper form for transfer, the Registrar shall authenticate and deliver in exchange therefor, within three (3) Business Days after such presentation, a new Bond or Bonds, registered in the name of the transferee or transferees, in authorized denominations and of the same maturity and aggregate principal amount and bearing interest at the same rate as the Bond or Bonds so presented. All Bonds shall be exchangeable upon presentation and surrender thereof at the principal corporate trust office of the Registrar for a Bond or Bonds of like maturity and interest rate and in any authorized denomination, in an aggregate amount equal to the unpaid principal amount of the Bond or Bonds presented for -5- exchange. The Registrar shall be and is hereby authorized to authenticate and deliver exchange Bonds in accordance with the provisions of this Section 12. Each Bond delivered in accordance with this Section 12 shall be entitled to the benefits and security of this Ordinance to the same extent as the Bond or Bonds in lieu of which such Bond is delivered. Neither the City nor the Registrar shall be required to transfer or exchange any Bond during the period beginning fifteen (15) calendar days prior to the mailing of any notice of redemption and ending on the date of such mailing. The City or the Registrar may require the Owner of any Bond to pay a sum sufficient to cover any tax or other governmental charge that may be imposed in connection with the transfer or exchange of such Bond. Any fee or charge of the Registrar for such transfer or exchange shall be paid by the City. 13. Mutilated Lost. or Stolen Bonds. Upon the presentation and surrender to the Registrar of a mutilated Bond, the Registrar shall authenticate and deliver in exchange therefor a replacement Bond of like maturity, interest rate, and principal amount, bearing a number not contemporaneously outstanding. If any Bond is lost, apparently destroyed, or wrongfully taken, the City, pursuant to the applicable laws of the State of Texas and in the absence of notice or knowledge that such Bond has been acquired by a bona fide purchaser, shall authorize and the Registrar shall authenticate and deliver a replacement Bond of like maturity, interest rate and principal amount, bearing a number not contemporaneously outstanding. The City or the Registrar may require the Owner of a mutilated Bond to pay a sum sufficient to cover any tax or other governmental charge that may be imposed in connection therewith and any other expenses connected therewith, including the fees and expenses of the Registrar. The City or the Registrar may require the Owner of a lost, apparently destroyed or wrongfully taken Bond, before any replacement Bond is issued, to: (1) furnish to the City and the Registrar satisfactory evidence of the ownership of and the circumstances of the loss, destruction or theft of such Bond; (2) furnish such security or indemnity as may be required by the Registrar and the City to save them harmless; (3) pay all expenses and charges in connection therewith, including, but not limited to, printing costs, -6- legal fees, fees of the Registrar and any tax or other governmental charge that may be imposed; and (4) meet any other reasonable requirements of the City and the Registrar. If, after the delivery of such replacement Bond, a bona fide purchaser of the original Bond in lieu of which such replacement Bond was issued presents for payment such original Bond, the City and the Registrar shall be entitled to recover such replacement Bond from the person to whom it was delivered or any person taking therefrom, except a bona fide purchaser, and shall be entitled to recover upon the security or indemnity provided therefor to the extent of any loss, damage, cost or expense incurred by the City or the Registrar in connection therewith. If any . such mutilated, lost, apparently destroyed or wrongfully taken Bond has become or is about to become due and payable, the City in its discretion may, instead of issuing a replacement Bond, authorize the Registrar to pay such Bond. Each replacement Bond delivered in accordance with this Section 13 shall be entitled to the benefits and security of this Ordinance to the same extent as the Bond or Bonds in lieu of which such replacement Bond is delivered. 14. Cancellation of Bonds. All Bonds paid in accordance with this Ordinance, and all Bonds in lieu of which exchange Bonds or replacement Bonds are authenticated and delivered in accordance herewith, shall be cancelled and destroyed upon the making of proper records regarding such payment. The Registrar shall furnish the City with appropriate certificates of destruction of such Bonds. 15. Optional Redemption. The City reserves the right, at its option, to redeem prior to maturity the Bonds maturing on and after October 1, 2005 in whole or from time to time in part, on October 1, 2004, or any interest payment date thereafter, at par plus accrued interest on the amounts called for redemption to the date fixed for redemption. If less than all of the Bonds are to be redeemed, the City shall determine the Bonds or portions thereof to be redeemed. Principal amounts may be redeemed only in integral multiples of $5,000. If a Bond subject to redemption is in a denomination larger than $5,000, a portion of such Bond may be redeemed, but only in integral multiples of $5,000. Upon surrender of any Bond for redemption in part, the Registrar, in accordance with Section 12 hereof, shall authenticate and deliver in exchange therefor a Bond or Bonds of like maturity and interest rate in an -7- aggregate principal amount equal to the unredeemed portion of the Bond so surrendered. Notice of any redemption identifying the Bonds to be redeemed in whole or in part shall be given by the Registrar at least thirty days prior to the date fixed for redemption by sending written notice by first class mail, postage prepaid, to the Owner of each Bond to be redeemed in whole or in part at the address shown on the Register. Such notices shall state the redemption date, the redemption price, the place at which Bonds are to be surrendered for payment and, if less than all Bonds outstanding are to be redeemed, the numbers of the Bonds or portions thereof to be redeemed. Any notice given as provided in this Section 15 shall be conclusively presumed to have been duly given, whether or not the Owner receives such notice. By the date fixed for redemption, due provision shall be made with the Registrar for payment of the redemption price of the Bonds or portions thereof to be redeemed, plus accrued interest to the date fixed for redemption. When Bonds have been called for redemption in whole or in part and due provision has been made to redeem the same as herein provided, the Bonds or portions thereof so redeemed shall no longer be regarded as outstanding except for the purpose of receiving payment solely from the funds so provided for redemption, and the rights of the Owners to collect interest which would otherwise accrue after the redemption date on any Bond or portion thereof called for redemption shall terminate on the date fixed for redemption. 16. Forms. The form of the Bonds, including the form of the Registrar's Authentication Certificate, the form of Assignment, and the form of Registration Certificate of the Comptroller of Public Accounts of the State of Texas which shall be attached or affixed to the Bonds initially issued shall be, respectively, substantially as follows, with such additions, deletions and variations as may be necessary or desirable and not prohibited by this Ordinance, including any legend regarding bond insurance if such insurance is obtained by the purchaser: (Face of Bond) UNITED STATES OF AMERICA STATE OF TEXAS COUNTY OF WALKER NUMBER DENOMINATION R- $ REGISTERED REGISTERED CITY OF HUNTSVILLE, TEXAS STREET IMPROVEMENT BOND SERIES 1991 -8- INTEREST RATE: MATURITY DATE: ISSUE DATE: CUSIP April 1, 1991 REGISTERED OWNER: PRINCIPAL AMOUNT: DOLLARS The City of Huntsville, Texas (the "City") promises to pay to the registered owner identified above, or registered assigns, on the maturity date specified above, upon presentation and surrender of this bond at the principal corporate trust office of First National Bank, Huntsvile, Texas (the "Registrar"), .the principal amount identified above, payable in any coin or currency of the United States of America which on the date of payment of such principal is legal tender for the payment of debts due the United States of America, and to pay interest thereon at the rate shown above, calculated on the basis of a 360 day year of twelve 30 day months, from the later of April 1, 1991, or the most recent interest payment date to which interest has been paid or duly provided for. Interest. on this bond is payable by check on April 1 and October 1, beginning on October 1, 1991, mailed to the registered owner as shown on the books of registration kept by the Registrar as of the 15th day of the month next preceding each interest payment date. REFERENCE IS HEREBY MADE TO THE FURTHER PROVISIONS OF THIS BOND SET FORTH ON THE REVERSE HEREOF, WHICH PROVISIONS SHALL HAVE THE SAME FORCE AND EFFECT AS IF SET FORTH AT THIS PLACE. IN WITNESS WHEREOF, this bond has been signed with the manual or facsimile signature of the Mayor of the City and countersigned with the manual or facsimile signature of the City Secretary of the City, and the official seal of the City has been duly impressed, or placed in facsimile, on this bond. (AUTHENTICATION (SEAL) CITY OF HUNTSVILLE, TEXAS CERTIFICATE) Mayor - ecreta -9- (Back Panel of Bond) THIS BOND is one of a duly authorized issue of Bonds, aggregating $2,500,000 (the "Bonds"), issued for the purpose of the construction and improvement of the roads, bridges and streets of the City, including, without limitation, related drainage improvements, authorized at an election held in the City on August 8, 1987, and pursuant to an ordinance adopted by the City on May 14, 1991 (the "Ordinance"). THE CITY RESERVES THE RIGHT to redeem Bonds maturing on and after October 1, 2005, in whole or from time to time in part, in integral multiples of $5,000, on October 1, 2004, or any interest payment date thereafter at par plus accrued interest on the principal amounts called for redemption to the date fixed for redemption. Reference is made to the Ordinance for complete details concerning the manner of redeeming the Bonds. NOTICE OF ANY REDEMPTION shall be given at least thirty (30) days prior to the date fixed for redemption by first class mail, addressed to the registered owner of each Bond to be redeemed in whole or in part at the address shown on the books of registration kept by the Registrar. When Bonds or portions thereof have been called for redemption, and due provision has been made to redeem the same, the principal amounts so redeemed shall be payable solely from the funds provided for redemption, and interest which would otherwise accrue on the amounts called for redemption shall terminate on the date fixed for redemption. THIS BOND IS TRANSFERABLE only upon presentation and surrender at the principal corporate trust office of the Registrar, duly endorsed for transfer or accompanied by an assignment duly executed by the registered owner or his authorized representative, subject to the terms and conditions of the Ordinance. THIS BOND IS EXCHANGEABLE at the principal corporate trust office of the Registrar for bonds in the principal amount of $5,000 or any integral multiple thereof, subject to the terms and conditions of the ordinance. NEITHER THE CITY NOR THE REGISTRAR shall be required to transfer or exchange any Bond during the period beginning fifteen (15) calendar days prior to the mailing of any notice of redemption and ending on the date of such mailing. THIS BOND shall not be valid or obligatory for any purpose or be entitled to any benefit under the Ordinance unless this Bond is either (i) registered by the Comptroller of Public Accounts of the State of Texas by registration certificate attached or affixed -10- hereto or (ii) authenticated by the Registrar by due execution of the authentication certificate endorsed hereon. THE REGISTERED OWNER of this Bond, by acceptance hereof, acknowledges and agrees to be bound by all the terms and conditions of the Ordinance. THE CITY has covenanted in the Ordinance that it will at all times provide'a legally qualified registrar for the Bonds and will cause notice of any change of registrar to be mailed to each registered owner. IT IS HEREBY certified, recited and covenanted that this Bond has been duly and validly issued and delivered; that all acts, conditions and things required or proper to be performed, to exist and to be done precedent to or in the issuance and delivery of this Bond have been performed, exist and have been done in accordance with law; and that annual ad valorem taxes, within the limits prescribed by law, sufficient to provide for the payment of the interest on and principal of this Bond, as such interest comes due and such principal matures, have been levied and ordered to be levied against all taxable property in the City and have been pledged irrevocably for such payment. Form of Registration Certificate of Comptroller of Public Accounts COMPTROLLER'S REGISTRATION CERTIFICATE: REGISTER NO. I hereby certify that this Bond has been examined, certified as to validity, and approved by the Attorney General of the State of Texas, and that this Bond has been registered by the Comptroller of Public Accounts of the State of Texas. WITNESS MY SIGNATURE AND SEAL this xxxxxxxxxx Comptroller of Public Accounts (SEAL) of the State of Texas Form of Registrar's Authentication Certificate AUTHENTICATION CERTIFICATE It is hereby certified that this Bond has been delivered pursuant to the Ordinance described in the text of this Bond. -11- First National Bank Huntsville, Texas By Authorized Signature Date of Authentication Form of Assignment ASSIGNMENT For value received, the undersigned hereby sells, assigns, and transfers unto (Please print or type name, address, and zip code of Transferee) (Please insert Social Security or Taxpayer Identification Number of Transferee) . the within Bond and all rights thereunder, and hereby irrevocably constitutes and appoints attorney to transfer said Bond on the books kept for registration thereof, with full power of substitution in the premises. DATED: Signature Guaranteed: Registered Owner NOTICE: The signature above must correspond to the name of the registered owner as shown NOTICE: Signature must be on the face of this.Bond in guaranteed by a member firm every particular, without any of the New York Stock alteration, enlargement or Exchange or a commercial change whatsoever. bank or trust company. 17. Legal opinion; Cusip• Bond Insurance. The approving opinion of Vinson& Elkins, Houston, Texas, and CUSIP Numbers may be printed on the Bonds, but errors or omissions in the printing of such opinion or such numbers shall have no effect on the validity of. the Bonds. If bond insurance is obtained by the purchaser, the Bonds may bear an appropriate legend as provided by the insurer. 18. Interest and Sinking Fund; Tax Levy. The proceeds from all taxes levied, assessed and collected for and on account of the Bonds authorized by this Ordinance shall be deposited, as collected, in a special fund to be designated "City of Huntsville, Texas, Street Improvement Bonds, Series 1991, Interest and Sinking Fund". While the Bonds or any part of the principal thereof or interest thereon remain outstanding and unpaid, there is hereby -12- levied and there shall be annually levied, assessed and collected in due time, formand manner and at the same time other City taxes are levied, assessed and collected, in each year, beginning with the current year, a continuing direct annual ad valorem tax, within the limits prescribed by law, upon all taxable property in the City sufficient to pay the current interest on said Bonds as the same becomes due, and to provide and maintain a sinking fund adequate to pay the principal of the Bonds as,such principal matures but never less than two percent (2$) of the original principal amount of the Bonds each year, full allowance being made for delinquencies and costs of collection, and said taxes when collected shall be applied to the payment of the interest on and principal of the Bonds and to no other purpose. To pay the interest coming due on the Bonds prior to receipt of the taxes levied to pay such interest, there is hereby appropriated from current funds on hand, which are hereby certified to be on hand and available for such purpose, an amount sufficient to pay such interest, and such amount shall be used for no other purpose. 19. Further Proceedings. After the Bonds to be initially issued shall have been executed, it shall be the duty of the Mayor of the City and other appropriate officials and agents of the City to deliver the Bonds to be initially issued and all pertinent records and proceedings to the Attorney General of the State of Texas, for examination and approval. After the Bonds to be initially issued shall have been approved by the Attorney General, they shall be delivered to the Comptroller for registration. Upon registration of the Bonds to be initially issued, the Comptroller (or the Comptroller's bond clerk or an assistant bond clerk lawfully designated in writing to act for the Comptroller) shall manually sign the Comptroller's Registration Certificate prescribed herein and the seal of said Comptroller shall be impressed, or placed in facsimile, thereon. 20. Sale. The sale and delivery of the Bonds to (herein referred to as the "Purchaser") at par and accrued interest thereon to date of delivery, plus a cash premium of $ , is hereby authorized, approved, ratified and confirmed, subject to the approving opinion as to the legality of the Bonds of the Attorney General of the State of Texas, and of, Vinson & Elkins, Houston, Texas, bond counsel. It is hereby found and declared that such price is the best obtainable by the City for the Bonds. Accrued interest and any premium received from the Purchaser shall be deposited into the Interest and Sinking Fund. The remaining proceeds of sale of the Bonds, and any interest earnings on investment of such proceeds shall be used for the purposes set -13- out in Section 2 of this Ordinance and to pay the costs of issuing the Bonds. Any money remaining thereafter shall be deposited into the Interest and Sinking Fund. 21. Tax Exemption. (a) GENERAL TAX COVENANT. The City intends that the interest on the Bonds shall be excludable from gross income for purposes of federal income taxation pursuant to sections 103 and 141 through 150 of the Code, and applicable regulations. The City covenants and agrees not to take any action, or knowingly omit to take any action within its control, that if taken or omitted, respectively, would cause the interest on the Bonds to be includable in gross income, as defined in section 61 of the Code, of the holders thereof for purposes of federal income taxation. In particular, the City covenants and agrees to comply with each requirement of this Section 21; provided, however, that the City shall not be required to comply with any particular requirement of this Section 21 if the City has received an opinion of nationally recognized bond counsel ("Counsel's Opinion") that such noncompliance will not adversely affect the exclusion from gross income for federal income tax purposes of interest on the Bonds or if the City has received a Counsel's Opinion to the effect that compliance with some other requirement set forth in this Section 21 will satisfy the applicable requirements .of the Code, in which case compliance with such other requirement specified in such Counsel's Opinion shall constitute compliance with the corresponding requirement specified in this Section 21. (b) USE OF PROCEEDS. The City covenants and agrees that its use of the Net Proceeds of the Bonds will at all times satisfy the following requirements: (i) The City will limit the amount of original or investment proceeds of the Bonds to be used (other than use as a member of the general public) in the trade or business of any person other than a governmental unit to an amount aggregating no more than ten percent of the Net Proceeds of the Bonds ("private-use proceeds"). For purposes of this Section, the term "person" includes any individual, corporation, partnership, unincorporated association, or any other entity capable of carrying on a trade or business; and the term "trade or business" means, with respect to any natural person, any activity regularly carried on for profit and, with respect to persons other than natural persons, any activity other than an activity carried on by a governmental unit. Any use .of proceeds of the Bonds in any manner contrary to the guidelines set forth in Revenue Procedures 82-14, 1982-1 C.B. 459, and 82-15, 1982-1 C.B. 460, including any revisions or amendments thereto, shall constitute the -14- use of such proceeds in the trade or business of one who is not a governmental unit; (ii) The City will not permit more than five percent of the Net Proceeds of the Bonds to be used in the trade or business of any person other than a governmental unit if such use is unrelated to the governmental purpose of the Bonds. Further, the amount of private-use proceeds of the Bonds in excess of five percent of the Net Proceeds of the Bonds ("excess private-use proceeds") will not exceed the proceeds of the Bonds expended for the governmental purpose of the Bonds to which such excess private-use proceeds relate; (iii) The City will not permit an amount of proceeds of the Bonds exceeding the lesser of (a) $5,000,000 or (b) five percent of the Net Proceeds of the Bonds to be used, directly or indirectly, to finance loans to persons other than governmental units. When used in this Section 21, the term Net Proceeds of the Bonds shall mean the proceeds from the sale of the Bonds, including investment earnings on such proceeds, less accrued interest. (c) NO FEDERAL GUARANTY. The City covenants and agrees not to take any action, or knowingly omit to take any action within its control, that, if taken or omitted, respectively, would cause the Bonds to be "federally guaranteed" within the meaning of section 149(b) of the Code and applicable regulations thereunder, except as permitted by section 149(b) (3) of the Code and such regulations. (d) BONDS ARE NOT HEDGE BONDS. The City covenants and agrees that not more than 50 percent of the proceeds of the Bonds will be invested in nonpurpose investments (as defined in section 148(f) (6) (A) of the Code) having a substantially guaranteed yield for four years or more within the meaning of section 149(g) (3) (A) (ii) of the Code, and the City reasonably expects that at least 85 percent of the spendable proceeds of the Bonds will be used to carry out the governmental purposes of the Bonds within the three-year period beginning on the date the Bonds are issued. (e) NO-ARBITRAGE COVENANT. The City shall certify, through an authorized officer, employee or agent, that based upon all facts and estimates known or reasonably expected to be in existence on the date the Bonds are.delivered, the City will reasonably expect that the proceeds of the Bonds will not be used in a manner that would cause the Bonds to be "arbitrage bonds" within the meaning of section 148(a) of the Code and applicable regulations thereunder. Moreover, the City covenants and agrees that it will make such use of the proceeds of the Bonds including interest or -15- other investment income derived from Bond proceeds, regulate investments of proceeds of the Bonds, and take such other and further action as may be required so that the Bonds will not be "arbitrage bonds" within the meaning of section 148(a) of the Code and applicable regulations thereunder. (f) ARBITRAGE REBATE. The City expects to qualify for an exception to the requirements of the Code relating to rebate to the United States, because the City will use at least 95% of the Net Proceeds of the Bonds for local governmental activities of the City and expects that the total of all tax-exempt bonds (excluding "private activity" bonds) issued by or attributable to the City during calendar year 1991 will not exceed $5,000,000. If the City does not qualify for such exception, the City will take all necessary steps to comply with the requirement that certain amounts earned by the City on the investment of the "gross proceeds" of the Bonds (within the meaning of section 148(f) (6) (B) of the Code), be rebated to the federal government. Specifically, the City will (i) maintain records regarding the investment of the gross proceeds of the Bonds as may be required to calculate the amount earned on the investment of the gross proceeds of the Bonds separately from records of amounts on deposit in the funds and accounts of the City allocable to other obligations of the City or moneys which do not represent gross proceeds of any obligations of the City, (ii) calculate at such.times as are required by applicable regulations, the amount earned from the investment of the gross proceeds of the Bonds which is required to be rebated to the federal government, and (iii) pay, not less often than every fifth anniversary date of the delivery of the Bonds and within sixty days following retirement of the Bonds, all amounts required to be rebated to the federal government. (g) INFORMATION REPORTING. The City covenants and agrees to file or cause to be filed with the Secretary of the Treasury, not later than the 15th day of the second calendar month after the close of the calendar quarter in which the Bonds are issued, an information statement concerning the Bonds, all under and in accordance with section 149(e) of the Code and applicable regulations thereunder. 22. Qualified Tax-Exempt Obligations. The City hereby designates the Bonds as "qualified tax-exempt obligations" for purposes of section 265(b) of the Code. In connection therewith, the City represents (a) that the aggregate amount of tax-exempt obligations issued by the City during calendar year 1991, including the Bonds, which have been designated as "qualified tax-exempt obligations" under section 265(b) (3) of the Code does not exceed $10,000,000, and (b) that the reasonably anticipated amount of tax-exempt obligations which will be issued by the City during calendar year 1991, including. the Bonds, will not exceed -16- $10,000,000. For purposes of this Section 22, the term "tax-exempt obligation" does not include "private activity bonds" within the meaning of section 141 of the Code, other than "qualified 501(c)(3) bonds" within the meaning of section 145 of the Code. In addition, for purposes of this Section 22, the City includes all governmental units which are aggregated with the City under the Code. 23. official Statement. The City hereby approves the form and content of the Official Statement prepared for use in the sale of the Bonds and the preparation of a supplement thereto or final Official Statement containing the terms of sale of the Bonds and other relevant information. The use of such Official Statement in the offering of the Bonds by the Purchaser is hereby approved and authorized. The proper officials of the City are hereby authorized to execute and deliver a certificate pertaining to such Official Statement as prescribed therein, dated as of the date of payment for and delivery of the Bonds. 24. Related Matters. To satisfy in a timely manner all of the City's obligations under this Ordinance, the Mayor and City Secretary of the City and all other appropriate officers and agents of the City are hereby authorized and directed to do any and all things necessary and/or convenient to carry out the terms and purposes of this Ordinance. 25. Registrar. The form of agreement setting forth the duties of the Registrar is hereby approved, and the appropriate officials of the City are hereby authorized to execute such agreement for and on behalf of the City. 26. No Personal Liability. No recourse shall be had for payment of the principal of or interest on any Bonds or for any claim based thereon, or on this Ordinance, against any official or employee of the City or any person executing any Bonds. 27. Open Meeting. It is hereby officially found and determined that the meeting at which this Ordinance was adopted was open to the public, and that public notice of the time, place and purpose of said meeting was given, all as required by Article 6252-17, Vernon's Texas Civil Statutes, as amended. 28. Effective Date. This Ordinance shall become effective immediately upon passage by this City Council and signature of the Mayor. -17- PASSED AND APPROVED this 14th day of May, 1991. Mayor CITY OF HUNTSVILLE, EXAS ATTEST: Cit etary CITY OF HUNTSVILLE, TEXAS (SEAL) APPROVED AS TO LEGALITY: 1 y City-Attorney CITY OF HUNTSVILLE, TEXAS -18- RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: Ordinance 91-9 No Parking Zones-Ave.S,Normal Park, 17th 05-28-91 ORDINANCE NO.'91- 9 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, AMENDING CHAPTER 12, MOTOR VEHICLES AND TRAFFIC, OF ITS CODE OF ORDINANCES BY ESTABLISHING NO PARKING ZONES ON AVENUE S (WEST SIDE) BETWEEN 20TH STREET AND 19TH STREET, NORMAL PARK (EAST SIDE) BETWEEN PLEASANT STREET AND ROUNDABOUT ROAD, AND 17TH STREET (NORTH SIDE) FROM AVENUE M TO 82 FEET WEST OF AVENUE M; PROVIDING A PENALTY OF UP TO $200 A DAY FOR CERTAIN VIOLATIONS; MAKING OTHER RELATED FINDINGS AND PROVISIONS RELATED THERETO; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, THAT: Section 1: The following described curb zones and areas are designated as no parking zones: Street Name Side of Street Limits Avenue S West Between 20th St. and 19th St. Normal Park East Between Pleasant St. and Roundabout Road 17th Street North Avenue M to 82 feet West of Avenue M Section 2: Schedule III, No Parking Zones, of Chapter 12, Motor Vehicles and Traffic, of the Code of Ordinances of the City of Huntsville, Texas, shall be revised to reflect the amendments made by this ordinance. Section 3: The City Manager is authorized and directed to cause the posting of proper signs along the above described streets and parking zones. Section 4: It shall be unlawful for driver of a vehicle to disobey the instruction of the signs placed in accordance with the provisions of this ordinance unless at the time otherwise directed by a Police Officer. Section 5: Any person, firm or corporation violating any provision of this ordinance or failing to comply with any requirement of the ordinance will be guilty of a misdemeanor and subject to a fine of up to two hundred ($200.00) dollars upon conviction. Each day during or upon which said person shall violate or continue violation of any provision of this ordinance or non-compliance with any requirement of this ordinance shall constitute a distinct and separate offense. The violation of any provision of the ordinance or the failure to comply with any requirement of this ordinance shall each constitute a distinct and separate offense. Section 6: 'If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect any of the remaining provisions of this ordinance. Section 7: All ordinances and parts of ordinances in conflict with the provisions of this ordinance are hereby repealed; provided, however, that such repeal shall be only to the extent of such inconsistency and in all other respects this ordinance shall be cumulative of other ordinances regulating and governing the subject matter covered by this ordinance. Section 8: This ordinance shall take effect ten (10) days after its passage by the City Council. The City Secretary shall publish the caption of this ordinance in the official City newspaper at least twice within ten (10) days of its passage. PASSED AND APPROVED THIS 28th day of May 1991. THE CITY OF HUNTSVILLE W. H. Hodges, Mayor V 6ATTEST• DeS aw, ,ty ecretary �APPROV D AS TO ORM: Sco t Bou ds, City Attorney RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: Ordinance 91-10 Auth.Issuance of Wtrwks&Sew.Sys.Bonds 06-11-91 ORDINANCE AUTHORIZING THE ISSUANCE OF CITY OF HUNTSVILLE, TEXAS, WATERWORKS AND SANITARY SEWER SYSTEM REVENUE BONDS, SERIES 1991 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE: ARTICLE I FINDINGS AND DETERMINATIONS Section 1: Findings and Determinations. It is hereby officially found and determined that: (a) The City is authorized by Article 1111 et sea, Vernon's Texas Civil Statutes, as amended, to issue bonds payable from the net revenues of its waterworks and sanitary sewer system, and is authorized by Article 1112 to issue such bonds without an election to provide money for acquisitions, extensions, construction, improvement or repair of such system. (b) The City Council, by ordinance adopted April 30, 1991, authorized the giving of notice under Article 2368a, Vernon's Texas Civil Statutes, as amended, and Chapter 252, Texas Local Government Code, as amended, of its intention to issue the bonds authorized by this Ordinance, and such notice was published as required by law and the City Charter. (c) The City has not received any petition for a referendum concerning the issuance of such bonds. ARTICLE II DEFINITIONS AND INTERPRETATIONS Section 2.1: Definitions. In this Ordinance, the following terms shall have the following meanings, unless the context clearly indicates otherwise: "Additional Bonds" shall mean the additional parity revenue bonds permitted to be issued by the City under Article VI of this ordinance. "Bonds" or "Series 1991 Bonds" shall mean the City of Huntsville, Texas, Waterworks and Sanitary Sewer System Revenue Bonds, Series .1991, authorized by this Ordinance. "Business Day" shall mean any day which is not a Saturday, Sunday, or a day on which the Registrar is authorized by law or executive order to close. "City" shall mean the City of Huntsville, Texas, and where appropriate, the City Council thereof and any successor to the City as owner of the System. "Code" shall mean the Internal Revenue Code of 1986, as amended. "Comptroller" shall mean the Comptroller of Public Accounts of the State of Texas. "Interest Payment Date", when used in connection with any Bond, shall mean January 1, 1992, and each July 1 and January 1 thereafter until maturity or earlier redemption. "Net Revenues" shall mean the gross revenues of the System less the reasonable expense of operation and maintenance of the System, including all salaries, labor, materials, repairs and extensions necessary to render efficient service, provided, however, that only such repairs and extensions, as in the judgment of the City Council, reasonably and fairly exercised, are necessary to keep the plant or utility in operation and render adequate service to the City and the inhabitants thereof, or such as might be necessary to meet some physical accident or condition which would otherwise impair the Outstanding Bonds, the Bonds and the Additional Bonds shall be deducted in determining Net Revenues. "Ordinance" shall mean this bond ordinance and all amendments hereof and supplements hereto. "Outstanding Bonds" shall mean the City's Waterworks and Sanitary Sewer System Revenue Bonds, Series 1983. "Owner" or "Registered owner", when used with respect to any Bond shall mean the person or entity in whose name such Bond is registered in the Register. Any reference to a particular percentage or proportion of the Owners shall mean the Owners at a particular time of the specified percentage or proportion in aggregate principal amount of all Bonds then Outstanding under this Ordinance, exclusive of Bonds held by the City. When used with respect to any of the Outstanding Bonds, the term "Owner" shall mean the bearer of such bond. "Paying Agent" shall mean the Registrar. "Record Date" shall mean, for any Interest Payment Date, the 15th day of the month next preceding each Interest Payment Date. -2- "Register" shall mean the books of registration kept by the Registrar in which are maintained the names and addresses of, and the principal amounts of the Bonds registered to, each Owner. "Registrar" shall mean First National Bank, Huntsville, Texas, and its successors in that capacity. "Reserve Fund" shall mean the reserve fund for the Outstanding Bonds, the Bonds and Additional Bonds, which fund is established and confirmed in the ordinances authorizing the Outstanding Bonds and this Ordinance. "System" shall mean the waterworks and sanitary sewer system of the City, including all present and future extensions, additions, replacements and improvements thereto. Section 2.2: Interpretations. All terms defined herein and all pronouns used in this Ordinance shall be deemed to apply equally to singular and plural and to all genders. The titles and headings of the articles and sections of this Ordinance have been inserted for convenience of reference only and are not to be considered a part hereof and shall not in any way modify or restrict any of the terms or provisions hereof. This Ordinance and all the terms and provisions hereof shall be liberally construed to effectuate the purposes set forth herein and to sustain the validity of the Bonds and the validity of the lien on and pledge of the Net Revenues to secure the payment of the Bonds, the Outstanding Bonds, and the Additional Bonds. ARTICLE III TERMS OF THE BONDS Section 3.1: Authorization and Authorized Amount. The Bonds shall be issued in fully registered form, without coupons, in the total authorized aggregate amount of $1,700,000 for the purpose of constructing improvements and extensions to the City's waterworks and sanitary sewer system,, under and in strict conformity with the Constitution and laws of the State of Texas, particularly Articles 1111 through 1118, Vernon's Texas Civil Statutes, as amended. Section 3.2: Designation, Date, and Interest Payment Dates. The Bonds shall be designated as "City of Huntsville, Texas, Waterworks and Sanitary Sewer System Revenue Bonds, Series 1991," and shall be dated July 1, 1991. The Bonds shall bear interest at the rates set out in Section 3.3 of this Ordinance from the later of July 1, 1991, or the most recent Interest Payment Date to which interest has been paid or duly provided for, calculated on the -3- basis of a 360 day year of twelve 30 day months, payable on January 1, 1992, and semiannually thereafter on July 1 and January 1 of each year until maturity or earlier redemption. Section 3.3: Initial Bonds: Numbers and Denomination. The Bonds shall be initially issued bearing the numbers, in the principal amounts, and the bearing interest at the rates set forth in the following schedule, and may be transferred and exchanged as set out in this Ordinance. The Bonds shall mature, subject to prior redemption in accordance with this Ordinance, on July 1 in each of the years and in the amounts set out in such schedule. Bonds delivered on transfer of or in exchange for other Bonds shall be numbered in order of their authentication by the Registrar, shall be in the denomination of $5,000 or integral multiples thereof, and shall mature on the same date and bear interest at the same rate as the Bond or Bonds in lieu of which they are delivered. Bond Principal Year of Interest Number Amount Maturity Rate R- 1 $ 50,000 1992 R- 2 50,000 1993 R- 3 60,000 1994 _$ R- 4 60,000 1995 _$ R- 5 70,000 1996 R- 6 70,000 1997 R- 7 80,000 1998 $ R- 8 80,000 1999 R- 9 80,000 2000 $ R-10 90,000 2001 R-11 100,000 2002 R-12 100,000 2003 R-13 380,000 2004 R-14 430,000 2005 Section 3.4: Execution of Bonds: Seal. The Bonds shall be signed onbehalf of the City by the Mayor and countersigned by the City Secretary, by their manual, lithographed, or facsimile signatures, and the official seal of the City shall be impressed or placed in facsimile thereon. Such facsimile signatures on the Bonds shall have the same effect as if each of the Bonds had been signed manually and in person by each of said officers, and such facsimile seal on the Bonds shall have the same effect as if the official seal of the City had been manually impressed upon each of the Bonds. If any officer of the City whose manual or facsimile signature shall appear on the Bonds shall cease to be such officer before the authentication of such Bonds or before the delivery of such Bonds, such manual or facsimile signature shall nevertheless be valid and sufficient for all purposes as if such officer had remained in such office. -4- Section 3.5.: Approval By Attorney General: Registration by Comptroller. The Bonds to be initially issued shall be delivered to the Attorney General of Texas for examination and approval and shall be registered by the Comptroller of Public Accounts. The manually executed registration certificate of the Comptroller substantially in the form provided in Article IV of this Ordinance shall be affixed or attached to the Bonds to be initially issued. Section 3.6: Authentication. Except for the Bonds to be initially issued, which need not be authenticated, only such Bonds as shall bear thereon a certificate of authentication substantially in the form provided in Article IV of this Ordinance, manually executed by an authorized representative of the Registrar, shall be entitled to the benefits of this Ordinance or shall be valid or obligatory for any purpose. Such duly executed certificate of authentication shall be conclusive evidence that the Bond so authenticated was delivered by the Registrar hereunder. Section 3.7. Payment of Principal and Interest. The Registrar is hereby appointed as the registrar and paying agent for the Bonds. The principal of the Bonds shall be payable, without exchange or collection changes, in any coin or currency of the United States of America which, on the date of payment, is legal tender for the payment of debts due the United States of America, upon their presentation and surrender as they respectively become due and payable at the principal corporate trust office of the Registrar. The interest on each Bond shall be payable by check payable on the Interest Payment Date, mailed by the Registrar on or before each Interest Payment Date to the Owner of record as of the Record Date, to the address of such Owner as shown on the Register, or by such other method acceptable to the Registrar, requested by and at the risk and expense of the Owner. If the date for the payment of principal or interest on any Bond is not a Business Day, then the date for such payment shall be the next succeeding Business Day, and payment on such date shall have the same force and effect as if made on the original date such payment was due. Section 3.8. Successor Registrars. The City covenants that at all times while any Bonds are outstanding it will provide a commercial bank or trust company organized under the laws of the State of Texas or other entity duly qualified and legally authorized to act as Registrar for the Bonds. The City reserves the right to change the Registrar for the Bonds on not less than 60 days written notice to the Registrar, so long as any such notice is effective not less than 60 days prior to the next succeeding principal or interest payment date on the Bonds. Promptly upon the appointment of any successor Registrar, the previous Registrar -5- shall deliver the Register or a copy thereof to the new Registrar, and the new Registrar shall notify each Owner, by United States mail, first class postage prepaid, of such change and of the address of the new Registrar. Each Registrar hereunder, by acting in that capacity, shall be deemed to have agreed to the provisions of this Section. Section 3.9. Special Record Date. If interest on any Bond is not paid on any Interest Payment Date and continues unpaid for thirty (30) days thereafter, the Registrar shall establish a new record date for the payment of such interest, to be known as a Special Record Date. The Registrar shall establish a Special Record Date when funds to make such interest payment are received from or on behalf of the City. Such Special Record Date shall be fifteen (15) days prior to the date fixed for payment of such past due interest, and notice of the date of payment and the Special Record Date shall be sent by United States mail, first class, postage prepaid, not later than five (5) days prior to the Special Record Date, to each Owner of record of an affected Bond as of the close of business on the day prior to the mailing of such notice. Section 3.10. Ownership; Unclaimed Principal and Interest. Subject to the further provisions of this Section, the City, the Registrar and any other person may treat the person in whose name any Bond is registered as the absolute Owner of such Bond for the purpose of making and receiving payment of the principal of or interest on such Bond, and for all other purposes, whether or not such Bond is overdue, and neither the City nor the Registrar shall be bound by any notice or knowledge to the contrary. All payments made to the person deemed to be the Owner of any Bond in accordance with this Section 3.10 shall be valid and effectual and shall discharge the liability of the City and the Registrar upon such Bond to the extent of the sums paid. Amounts held by the Registrar which represent principal of and interest on the Bonds remaining unclaimed by the owner after the expiration of three years from the date such amounts have become due and payable shall be reported and disposed of by the Registrar in accordance with the applicable provisions of Texas law including, to the extent applicable, Title 6 of the Texas Property Code, as amended. Section 3.11. Registration Transfer. and Exchange. So long as any Bonds remain outstanding, the Registrar shall keep the Register at its principal corporate trust office and, subject to such reasonable regulations as it may prescribe, the Registrar shall provide for the registration and transfer of Bonds in accordance with the terms of this Ordinance. -6- Each Bond shall be transferable only upon the presentation and surrender thereof at the principal corporate trust office of the Registrar, duly endorsed for transfer, or accompanied by an assignment duly executed by the registered Owner or his authorized representative in form satisfactory to the Registrar. Upon due presentation of any Bond in proper form for transfer, the Registrar shall authenticate and deliver in exchange therefor, within 72 hours after such presentation, a new Bond or Bonds, registered in the name of the transferee or transferees, in authorized denominations and of the same maturity and aggregate principal amount and bearing interest at the same rate as the Bond or Bonds so presented. All Bonds shall be exchangeable upon presentation and surrender thereof at the principal corporate trust office of the Registrar for a Bond or Bonds of the same maturity and interest rate and in any authorized denomination, in an aggregate amount equal to the unpaid principal amount of the Bond or Bonds presented for exchange. The Registrar shall be and is hereby authorized to authenticate and deliver exchange Bonds in accordance with the provisions of this Section 3.11. Each Bond delivered in accordance with this Section 3.11 shall be entitled to the benefits and security of this ordinance to the same extent as the Bond or Bonds in lieu of which such Bond is delivered. Neither the City nor the Registrar shall be required to transfer or exchange any Bond during the period beginning fifteen (15) calendar days prior to the mailing of any notice of redemption and ending on the date of such mailing. The City or the Registrar may require the owner of any Bond to pay a sum sufficient to cover any tax or other governmental charge that may be imposed in connection with the transfer or exchange of such Bond. Any fee or charge of the Registrar for such transfer or exchange shall be paid by the City. Section 3.12. Cancellation of Bonds. All Bonds paid or redeemed in accordance with this Ordinance, and all Bonds in lieu of which exchange Bonds or replacement Bonds are authenticated and delivered in accordance herewith, shall be cancelled and destroyed upon the making of proper records regarding such payment or redemption. The Registrar shall furnish the City with appropriate certificates of destruction of such Bonds. Section 3.13. Mutilated, Lost, or Stolen Bonds. Upon the presentation ana--surr7ender to the Registrar of a mutilated Bond, the Registrar shall authenticate and deliver in exchange therefor a replacement Bond of like maturity, interest rate and principal amount, bearing a number not contemporaneously outstanding. The City or the Registrar may require the Owner of such Bond to pay a -7- sum sufficient to cover any tax or other governmental charge that may be imposed in connection therewith and any other expenses connected therewith, including the fees and expenses of the Registrar. If any Bond is lost, apparently destroyed, or wrongfully taken, the City, pursuant to the applicable laws of the State of Texas and in the absence of notice or knowledge that such Bond has been acquired by a bona fide purchaser, shall execute and the Registrar shall authenticate and deliver a replacement Bond of like maturity, interest rate and principal amount, bearing a number not contemporaneously outstanding, provided that the owner thereof shall have: (1) furnished to the City and the Registrar satisfactory evidence of the ownership of and the circumstances of the loss, destruction or theft of such Bond; (2) furnished such security or indemnity as may be required by the Registrar and the City to save them harmless; (3) paid all expenses and charges in connection therewith, including, but not limited to, printing costs, legal fees, fees of the Registrar and any tax or other governmental charge that may be imposed; and (4) met any other reasonable requirements of the City and the Registrar. If, after the delivery of such replacement Bond, a bona fide purchaser of the original Bond in lieu of which such replacement Bond was issued presents for payment such original Bond, the City and the Registrar shall be entitled to recover such replacement Bond from the person to whom it was delivered or any person taking therefrom, except a bona fide purchaser, and shall be entitled to recover upon the security or indemnity provided therefor to the extent of any loss, damage, cost or expense incurred by the City or the Registrar in connection therewith. If any such mutilated, lost, apparently destroyed or wrongfully taken Bond has become or is about to become due and payable, the City in its discretion may, instead of issuing a replacement Bond, authorize the Registrar to pay such Bond. Each replacement Bond delivered in accordance with this Section 3.13 shall be entitled to the benefits and security of this Ordinance to the same extent as the Bond or Bonds in lieu of which such replacement Bond is delivered. -8- Section 3.14: Redemption. The City reserves the right, at its option, to redeem prior to maturity the Bonds maturing on and after July 1, 2004, in whole or from time to time in part, on July 1, 2003, or any Interest Payment Date thereafter, at par plus accrued interest on the amounts called for redemption to the date fixed for redemption. If less than all of the Bonds of a particular maturity are to be redeemed, the Registrar shall determine by lot the Bonds or portions thereof to be redeemed. Principal amounts may be redeemed only in integral multiples of $5,000. If a Bond subject to redemption is in a denomination larger than $5,000, a portion of such Bond may be redeemed, but only in integral multiples of $5,000. Upon surrender of any Bond for redemption in part, the Registrar, in accordance with Section 3.11 hereof, shall authenticate and deliver in exchange therefor a Bond or Bonds of like maturity and interest rate in an aggregate principal amount equal to the unredeemed portion of the Bond so surrendered. Notice of any redemption identifying the Bonds to be redeemed in whole or in part shall be given by the Registrar at least thirty days prior to the date fixed for redemption by sending written notice by first class mail, postage prepaid, to the Owner of each Bond to be redeemed in whole or in part at the address shown on the Register. Such notices shall state the redemption date, the redemption price, the place at which Bonds are to be surrendered for payment and, if less than all Bonds outstanding are to be redeemed, the numbers of the Bonds or portions thereof to be redeemed. Any notice given as provided in this Section 3.14 shall be conclusively presumed to have been duly given, whether or not the Owner receives such notice. By the date fixed for redemption, due provision shall be made with the Registrar for payment of the redemption price of the Bonds or portions thereof to be redeemed, plus accrued interest to the date fixed for redemption. When Bonds have been called for redemption in whole or in part and due provision has been made to redeem the same as herein provided, the Bonds or portions thereof so redeemed shall no longer be regarded as outstanding except for the purpose of receiving payment solely from the funds so provided for redemption, and the rights of the Owners to collect interest which would otherwise accrue after the redemption date on any Bond or portion thereof called for redemption shall terminate on the date fixed for redemption. ARTICLE IV FORM OF BONDS AND CERTIFICATES Section 4.1: Forms. The form of the Bonds, including the form of the Registrar's authentication certificate, the form of -9- assignment, and the form of the Comptroller's Registration Certificate for the Bonds to be initially issued, shall be substantially as follows, with such additions, deletions and variations, including any legend or statement regarding bond insurance, as provided by the insurer, as may be necessary or desirable and not prohibited by this Ordinance: FORM OF BOND United States of America State of Texas NUMBER AMOUNT R- $ REGISTERED REGISTERED CITY OF HUNTSVILLE, TEXAS WATERWORKS AND SANITARY SEWER SYSTEM REVENUE BOND SERIES 1991 INTEREST RATE: MATURITY DATE: ISSUE DATE: CUSIP: July 1, 1991 REGISTERED OWNER: PRINCIPAL AMOUNT: DOLLARS The City of Huntsville, Texas, a municipal corporation duly incorporated under the laws of the State of Texas (herein the "City") for value received, promises to pay, but solely from certain Net Revenues as hereinafter provided, to the registered owner identified above or registered assigns, on the Maturity Date specified above, upon presentation and surrender of this Bond at the principal corporate trust office of First National Bank, Huntsville, Texas (the "Registrar"), the principal amount identified above, in any coin or currency of the United States of America which on the date of payment of such principal is legal tender for the payment of debts due the United States of America, and to pay, solely from such Net Revenues, interest thereon at the rate shown above, calculated on the basis of a 360 day year of twelve 30 day months, from the later of July 1, 1991, or the most recent interest payment date to which interest has been paid or duly provided for. Interest on this Bond is payable by check on January 1, 1992, and each July 1 and January 1 thereafter until maturity or earlier redemption, mailed to the registered owner of record as of the 15th day of the month next preceding each interest payment date, or by such other method acceptable to the Registrar, requested by and at the risk and expense of the Owner. -10- REFERENCE IS HEREBY MADE TO THE FURTHER PROVISIONS OF THIS BOND SET FORTH ON THE REVERSE HEREOF, WHICH PROVISIONS SHALL HAVE THE SAME FORCE AND EFFECT AS IF SET FORTH AT THIS PLACE. IN WITNESS WHEREOF, the City has caused its corporate seal to be impressed, printed, or lithographed hereon and has caused this Bond to be executed by the manual or facsimile signatures of the Mayor and City Secretary. (AUTHENTICATION (SEAL) CITY OF HUNTSVILLE, TEXAS CERTIFICATE) xxxxxxxxx Mayor COUNTERSIGNED: xxxxxxxxx City Secretary (Back Panel of Bond) THIS BOND IS ONE OF A DULY AUTHORIZED SERIES OF BONDS aggregating $1,700,000, issued for the purposes of improving and extending the City's waterworks and sanitary sewer system, under and in strict conformity with the Constitution and laws of the State of Texas, particularly Articles 1111 to 1118, both inclusive, Vernon's Texas Civil Statutes, as amended, and pursuant to an ordinance adopted by the City Council of the City on June 11, 1991 (the "Ordinance"). THE CITY RESERVES THE RIGHT to redeem Bonds maturing on and after July 1, 2004, in whole or from time to time in part, in integral multiples of $5,000, on July 1, 2003, or any interest payment date thereafter at par plus accrued interest on the principal. amounts called for redemption to the date fixed for redemption. Reference is made to the Ordinance for complete details concerning the manner of redeeming the Bonds. THIS BOND is transferable only upon presentation and surrender at the principal corporate trust office of the Registrar, duly endorsed for transfer or accompanied by an assignment duly executed by the registered owner or his authorized representative, subject to the terms and conditions of the Ordinance. THE BONDS are exchangeable at the principal corporate trust office of the Registrar for Bonds in the principal amount of $5,000 or any integral multiple thereof, subject to the terms and conditions of the Ordinance. -11- THIS BOND AND THE SERIES OF WHICH IT IS A PART are special obligations of the City that are payable from and, together with the City's Waterworks and Sanitary Sewer System Revenue Bonds, Series 1983 (the "Outstanding Bonds"), are equally and ratably secured by a first lien on the "Net Revenues" collected and received by the City from the operation and ownership of the City's waterworks and sewer system, as defined and provided in the Ordinance, which Net Revenues are required to be set aside and pledged to the payment of the Outstanding Bonds, the Bonds, and all additional bonds issued on a parity therewith, in the Interest and Sinking Fund and the Reserve Fund maintained for the payment of all such Bonds, all as more fully described and provided for in the Ordinance. This Bond and the series of which it is a part, together with the interest thereon, are payable solely from such Net Revenues and do not constitute an indebtedness or general obligation of the City. The owner hereof shall never have the right to demand payment of this obligation out of any funds raised or to be raised by taxation. THE CITY HAS RESERVED THE RIGHT to issue additional parity revenue bonds, subject to the restrictions contained in the Ordinance, which may be equally and ratably payable from, and secured by a first lien on and pledge of, the aforesaid Net Revenues in the same manner and to the same extent as this Bond and the series of which it is a part. IT IS HEREBY DECLARED AND REPRESENTED that this Bond has been duly and validly issued and delivered; that all acts, conditions, and things required or proper to be performed, exist, and be done precedent to or in the issuance and delivery of this Bond have been performed, existed, and been done in accordance with law; that the Bonds do not exceed any statutory limitation; and that provision has been made for the payment of the principal of and interest on this Bond and. all of the Bonds by the creation of the aforesaid lien on and pledge of the Net Revenues. FORM OF REGISTRATION CERTIFICATE OF COMPTROLLER OF PUBLIC ACCOUNTS COMPTROLLER'S REGISTRATION CERTIFICATE: REGISTER NO. I hereby certify that this Bond has been examined, certified as to validity, and approved by the Attorney General of the State of Texas, and that this Bond has been registered by the Comptroller of Public Accounts of the State of Texas. WITNESS MY SIGNATURE AND SEAL this -12- xxxxxxxxxx Comptroller of Public Accounts [SEAL] of the State of Texas FORM OF AUTHENTICATION CERTIFICATE AUTHENTICATION CERTIFICATE It is hereby certified that this bond has been delivered pursuant to the Bond Ordinance described in the text of this Bond. First National Bank Huntsville, Texas By Authorized Signature Date of Authentication FORM OF ASSIGNMENT ASSIGNMENT For value received, the undersigned hereby sells, assigns, and transfers unto (Please print or type name, address, and zip code of Transferee) (Please insert Social Security or Taxpayer Identification Number of Transferee) the within bond and all rights thereunder, and hereby irrevocably constitutes and appoints attorney to transfer the within bond on the books kept for registration thereof, with full power of substitution in the premises. DATED: Signature Guaranteed: Registered Owner NOTICE: The signature above must correspond to the name of the registered owner as shown NOTICE: Signature must be on the face of this bond in guaranteed by a member firm every particular, without any of the New York Stock alteration, enlargement or Exchange or a commercial change whatsoever. bank or trust company. -13- Section 4.2: Legal Opinion; Cusip Numbers; Bond Insurance. The approving opinion of Vinson & Elkins, Houston, Texas, and CUSIP Numbers may be printed on the Bonds, but errors or omissions in the printing of such opinion or such numbers shall have no effect on the validity of the Bonds. If bond insurance is obtained by the purchaser, the Bonds may bear an appropriate legend as provided by the insurer. ARTICLE V SECURITY AND SOURCE OF PAYMENT FOR BONDS Section 5.1: Pledge and Source of Payment. All of the Net Revenues of the waterworks and sanitary sewer system with the exception of those in excess of the amounts required to establish and maintain the funds as hereafter provided are hereby irrevocably pledged for the payment of the Bonds, the Outstanding Bonds, and the Additional Bonds if issued under the conditions and in the manner specified in this Ordinance, and the interest thereon, and it is hereby ordained that the Bonds, the Outstanding Bonds, and Additional Bonds if so issued, and the interest thereon shall constitute a first lien upon the Net Revenues. Section 5.2: Rates. The City covenants and agrees with the original purchasers of the Bonds and the Additional Bonds if and when issued: (a) That it will at all times charge and collect for services rendered by the System rates sufficient to pay all operating, maintenance, depreciation, replacement and betterment expense and other costs deductible in determining "Net Revenues" as herein defined, and to produce Net Revenues equal to at least one and one- half times the average annual requirement for the payment of principal of and interest on the Bonds, the Outstanding Bonds, and the Additional Bonds if issued. (b) If the Additional Bonds are issued, or if the System should become legally liable for any other indebtedness, the City will fix and maintain rates and collect charges for the services of the System sufficient to discharge such indebtedness. Section 5.3: Special Funds. All revenue derived from the operation of the System shall be kept separate from other funds of the City. To that end, the creation of the following special Funds is hereby confirmed. (a) City of Huntsville Waterworks and Sewer System Revenue Fund, hereinafter called "Revenue Fund." -14- (b) City of Huntsville Waterworks and Sewer System Revenue Bonds Interest and Sinking Fund, hereinafter called "Interest and Sinking Fund." (c) City of Huntsville Waterworks and Sewer System Revenue Bonds Reserve Fund, hereinafter called "Reserve Fund." Section 5.4: Revenue Fund. All revenues of every nature received through the operation of the System shall be deposited from day to day as collected, into the Revenue Fund, and the reasonable and proper expenses of operating and maintaining the System, including salaries, labor and materials shall be paid therefrom upon approval of the City Council. The City Treasurer shall not make any disbursement from said Fund for repairs in excess of $1,000.00 or for extensions, except pursuant to a resolution adopted by the City Council declaring that it is the judgment of the City Council that such repairs or extensions are necessary to keep the plant or system in operation and render adequate service to the City and the inhabitants thereof, or that such repairs or extensions are necessary to meet some physical accident or condition which would otherwise impair the Bonds, and such resolution, in either case, shall recite the facts and reasons for such judgment. Certified copies of such resolution shall be furnished without cost to owners requesting the same. Such resolution shall be binding or conclusive upon any Owner. All revenues of the System not actually required to pay expenses and costs incurred as permitted by this Section shall be deposited in the other Funds set forth in this Ordinance, each of which shall have priority thereto in the order in which they are treated in the following sections. Section 5.5: Additional Payments into the Interest and Sinking Fund. After the payment of all maintenance and operation expenses of the System, as provided in Section 5.4, and in addition to and at the same time as the payments into the Interest and Sinking Fund required by the ordinance authorizing the Outstanding Bonds, on or before the 1st day of each month, from moneys in the Revenue Fund, the City shall make the following deposits into the Interest and Sinking Fund: Beginning in July, 1991, to pay the interest maturing on January 1, 1992, and the principal maturing on July 1, 1992, there shall be deposited in substantially equal monthly installments an amount sufficient to pay, in addition to other amounts therein and available for such purposes, such principal and interest as it matures. Beginning in January, 1992, with respect to interest payments, and in July, 1992, with respect to principal -15- payments, and continuing until all of the Bonds have been paid, there shall be deposited an amount which, in addition to other amounts therein and available for such purpose, is not less than one-sixth (1/6) of the next maturing interest on the Bonds and one-twelfth (1/12) of the next maturing principal of the Bonds. If in any month the City shall, for any reason, fail to pay into said Interest and Sinking Fund the full amounts above stipulated, the amounts equivalent to such deficiencies shall be set apart and paid into said Interest and Sinking Fund from the first available and unallocated revenues of the following month or months and such payments shall be in addition to the amounts hereinabove provided to be otherwise paid into said Interest and Sinking Fund each month. Money in the Interest and Sinking Fund shall be used only to pay the principal of and interest on the Bonds, the Outstanding Bonds and any Additional Bonds. Section 5.6: Additional Payments into Reserve Fund. In addition to and at the same time as the payments into the Reserve Fund required by the ordinance authorizing the Outstanding Bonds, the City on or before the 1st day of each month, beginning with the month of January, 1992, shall pay into the Reserve Fund each month an amount which is not less than $2,833.34 and such monthly payments shall be continued until such time as there is in the Reserve Fund ( in addition to the balance required to be in said Reserve Fund by the ordinances authorizing the Outstanding Bonds) a balance of not less than $170,000. When said balance of not less than $170,000 is reached in the Reserve Fund, as above provided, then insofar as these Bonds are concerned, no further payment need be made into said Reserve Fund; however, in the event that the balance required to be in the Reserve Fund by this ordinance is ever reduced to any amount less than $170,000, the monthly payments as above provided, shall be resumed and continued until said balance of $170,000 is again reached and maintained. If in any month the City shall, for any reason, fail to pay into said Reserve Fund the full amount above stipulated, amounts equivalent to such deficiencies shall be set apart and paid into said Reserve Fund from the first available and unallocated revenues of the following month or months and shall be in addition to the amount hereinabove provided to be otherwise paid into said Reserve Fund each month. Money in the Reserve Fund shall be used to pay the principal of and interest on the Bonds, Outstanding Bonds, and any Additional Bonds at any time that the balance in the Interest and Sinking Fund is insufficient for such purposes. Section 5.7: Deficiencies in Funds. If in any fiscal year the City shall, for any reason, fail to pay into the Interest and -16- Sinking Fund or Reserve Fund the full amounts above stipulated, amounts equivalent to such deficiencies shall be set apart and paid into said Funds from the first available and unallocated revenues of the following fiscal year or years, and such payment shall be in addition to the amounts hereinabove provided to be otherwise paid into said Funds during such fiscal year or years. Section 5.8: Excess Revenues. Any revenues in excess of those required to establish and maintain the Funds as above required may be used for the redemption of Bonds, Outstanding Bonds, or Additional Bonds, or for any lawful purpose. Section 5.10: Security of Funds. All funds described in this Ordinance shall be secured in the manner and to the fullest extent permitted by the laws of Texas for the security of public funds, and such funds shall be used only for the purposes permitted in this Ordinance. ARTICLE VI ADDITIONAL BONDS In addition to inferior lien bonds, the City reserves the right to issue Additional Bonds, in one or more series, and said Additional Bonds, when issued, may be secured by and payable from a first lien on and pledge of the Net Revenues of the System in the same manner and to the same extent as are the Outstanding Bonds and the Bonds, and such Additional Bonds may in all respect be of equal dignity with the Outstanding Bonds and the Bonds. No Additional Bonds may be issued unless: (a) Each of the Funds set forth above contains the amount of money then required to be on deposit therein, (b) The Net Revenues of the System for either of the following periods: the 12-month period ending on the last day of the month preceding the month in which the bond ordinance is adopted authorizing such Additional Bonds, or the then last preceding fiscal year (being the last completed fiscal year preceding the month in which the bond ordinance is adopted authorizing such Additional Bonds), were equal to at least 1-1/2 times the average annual principal and interest requirements on all bonds payable from the revenues of the -17- System which will be outstanding after the Additional Bonds then proposed to be issued are issued, sold and delivered. (c) An independent professional engineer registered under the laws of the State of Texas makes a projection of the income of the System during the life of all bonds payable from the revenues of the System then outstanding and the Additional Bonds proposed to be issued and such projection shows that, in the engineer's opinion, the average annual Net Revenues of the System will equal at least 1-1/2 times the average annual principal and interest requirements of all bonds payable from the revenues of the System which will be outstanding after the Additional bonds then proposed to be issued are issued, sold and delivered. The term "Net Revenues" as used in this Section shall mean all of the net revenues of the System (excluding income received specifically for capital items) after deduction of the reasonable expenses of operation and maintenance of the System (excluding expenditures for capital items). ARTICLE VII COVENANTS AND PROVISIONS RELATING TO THE SYSTEM Section 7.1: Maintenance and operation - Insurance. The City maintain the System in good condition and operate the same in an efficient manner and at a reasonable cost. So long as any of the Bonds are outstanding, the City agrees to maintain insurance, for the benefit of the Owners of the Bonds, on the System of a kind and in an amount which usually would be carried by private companies engaged in a similar type of business. Nothing in this Ordinance shall be construed as requiring the City to expend any funds which are derived from sources other than the operation of the System, but nothing herein shall be construed as preventing the City from doing so. Section 7.2: Accounts and Fiscal Year. The City shall keep proper books of records and accounts (separate from all other records and accounts of the City) in which complete and correct entries shall be made of all transactions relating to the System. The City will operate the System and will keep its books of records and accounts on the basis of a fiscal year ending September 30, unless otherwise ordained by the City Council. Section 7.3: Accounting Reports. Within ninety days after the close of each fiscal year hereafter, the City will furnish (without cost) to any Owner who may so request, a signed or certified copy of a report by an independent accountant covering the next preceding fiscal year showing the following information relating to the System: -is- (a) Income and Expense Statement; (b) Balance Sheet; (c) Accountant's comment regarding the manner in which the City has complied with the requirements of this Ordinance, and his recommendation for any changes or improvements in the operation of the System; (d) List of insurance policies in force at the end of the fiscal year, showing as to each policy, the risk covered, the name of the insurer, and the expiration date; (e) The number of properties connected with the System and the total income from the System for the year; (f) The number of unmetered customers of the System at the end of the year. Section 7.4: Inspection. Any Owner of Bonds or Additional Bonds have the right at all reasonable times to inspect the System and all records, accounts and data of the City relating thereto. Section 7.5: Special Covenants. The City hereby further covenants as follows: (a) That it has the lawful power to pledge the revenues supporting the Bonds and has lawfully exercised that power under the Constitution and laws of the State of Texas; that the Bonds, the Outstanding Bonds, and the Additional Bonds, when issued, shall be ratably secured in such manner that no bond shall have preference over any other bond. (b) That no free service of the System shall be allowed, and should the City or any of its agencies or instrumentalities make use of the services and facilities of the System, payment of the reasonable value thereof shall be made by the City out of funds from sources other than the revenues and income of the System. Section 7.6: Bonds are Special obligations. The Bonds are special obligations of the City payable from the pledged revenues, and the Owners thereof shall never have the right to demand payment out of any funds raised or to be raised by taxation. Section 7.7: System and Revenues not Encumbered. The City covenants that neither the properties comprising the System nor the revenues of the System are in any way pledged or hypothecated except as the Net Revenues of the System are pledged to the payment of the Outstanding Bonds and the Bonds. -19- ARTICLE VIII PROVISIONS CONCERNING SALE AND APPLICATION OF PROCEEDS OF BONDS Section 8.1: Sale. The Bonds are hereby sold and shall be delivered to at a price of par plus a cash premium of $ plus accrued interest to the date of delivery, subject to the approval of the Attorney General of Texas and Vinson & Elkins, bond counsel, and such price is hereby found and determined to be the most advantageous reasonably obtainable by the City pursuant to public competitive bids. The Mayor and other appropriate officers, agents and representatives of the City are hereby authorized to do any and all things necessary or desirable to provide for the issuance and delivery of the Bonds. Section 8.2: Tax Exemption. (a) General Tax Covenant. The City intends that the interest on the Bonds shall be excludable from gross income for purposes of federal income taxation pursuant to sections 103 and 141 through 150 of the Code, and applicable regulations. The City covenants and agrees not to take any action, or knowingly omit to take any action within its control, that if taken or omitted, respectively, would cause the interest on the Bonds to be includable in gross income, as defined in section 61 of the Code, of the holders thereof for purposes of federal income taxation. In particular, the City covenants and agrees to comply with each requirement of this Section 8.2; provided, however, that the City shall not be required to comply with any particular requirement of this Section 8.2 if the City has received an opinion of nationally recognized bond counsel ("Counsel's Opinion") that such noncompliance will not adversely affect the exclusion from gross income for federal income tax purposes of interest on the Bonds or if the City has received a Counsel's Opinion to the effect that compliance with some other requirement set forth in this Section 8.2 will satisfy the applicable requirements of the Code, in which case compliance with such other requirement specified in such Counsel's Opinion shall constitute compliance with the corresponding requirement specified in this Section 8.2. (b) USE OF PROCEEDS. The City covenants and agrees that its use of the Net Proceeds of the Bonds will at all times satisfy the following requirements: (i) The City will limit the amount of original or investment proceeds of the Bonds to be used (other than use as a member of the general public) in the trade or business of any person other than a governmental unit to an amount aggregating no more than ten percent of the Net -20- Proceeds of the Bonds ("private-use proceeds"). For purposes of this Section, the term "person" includes any individual, corporation, partnership, unincorporated association, or any other entity capable of carrying on a trade or business; and the term "trade or business" means, with respect to any natural person, any activity regularly carried on for profit and, with respect to persons other than natural persons, any activity other than an activity carried on by a governmental unit. Any use of proceeds of the Bonds in any manner contrary to the guidelines set forth in Revenue Procedures 82-14, 1982-1 C.B. 459, and 82-15, 1982-1 C.B. 460, including any revisions or amendments thereto, shall constitute the use of such proceeds in the trade or business of one who is not a governmental unit; (ii) The City will not permit more than five percent of the Net Proceeds of the Bonds to be used in the trade or business of any person other than a governmental unit if such use is unrelated to the governmental purpose of the Bonds. Further, the amount of private-use proceeds of the Bonds in excess of five percent of the Net Proceeds of the Bonds ("excess private-use proceeds") will not exceed the proceeds of the Bonds expended for the governmental purpose of the Bonds to which such excess private-use proceeds relate; (iii) The City will not permit an amount of proceeds of the Bonds exceeding the lesser of (a) $5,000,000 or (b) five percent of the Net Proceeds of the Bonds to be used, directly or indirectly, to finance loans to persons other than governmental units. When used in this Section 8.2, the term Net Proceeds of the Bonds shall mean the proceeds from the sale of the Bonds, including investment earnings on such proceeds, less accrued interest. (c) No Federal Guaranty. The City covenants and agrees not to take any action, or knowingly omit to take any action within its control, that, if taken or omitted, respectively, would cause the Bonds to be "federally guaranteed" within the meaning of section 149(b) of the Code and applicable regulations thereunder, except as permitted by section 149(b)(3) of the Code and such regulations. (d) Bonds are not Hedge Bonds. The City covenants and agrees that not more than 50 percent of the proceeds of the Bonds will be invested in nonpurpose investments (as defined in section 148(f)(6)(A) of the Code) having a substantially guaranteed yield for four years or more within the meaning of section 149(g) (3) (A) (ii) of the Code, and the City reasonably expects that -21- at least 85 percent of the spendable proceeds of the Bonds will be used to carry out the governmental purposes of the Bonds within the three-year period beginning on the date the Bonds are issued. (e) No-Arbitrage Covenant. The City shall certify, through an authorized officer, employee or agent, that based upon all facts and estimates known or reasonably expected to be in existence on the date the Bonds are delivered, the City will reasonably expect that the proceeds of the Bonds will not be used in a manner that would cause the Bonds to be "arbitrage bonds" within the meaning of section 148(a) of the Code and applicable regulations thereunder. Moreover, the City covenants and agrees that it will make such use of the proceeds of the Bonds including interest or other investment income derived from Bond proceeds, regulate investments of proceeds of the Bonds, and take such other and further action as may be required so that the Bonds will not be "arbitrage bonds" within the meaning of section 148(a) of the Code and applicable regulations thereunder. (f) Arbitrage Rebate. The City expects to qualify for an exception to the requirements of the Code relating to rebate to the United States, because the City will use at least 95% of the Net Proceeds of the Bonds for local governmental activities of the City and expects that the total of all tax-exempt bonds (excluding "private activity" bonds) issued by or attributable to the City during calendar year 1991 will not exceed $5,000,000. If the City does not qualify for such exception, the City will take all necessary steps to comply with the requirement that certain amounts earned by the City on the investment of the "gross proceeds" of the Bonds (within the meaning of section 148(f) (6) (B) of the Code), be rebated to the federal government. Specifically, the City will (i) maintain records regarding the investment of the gross proceeds of the Bonds as may be required to calculate the amount earned on the investment of the gross proceeds of the Bonds separately from records of amounts on deposit in the funds and accounts of the City allocable to other obligations of the City or moneys which do not represent gross proceeds of any obligations of the City, (ii) calculate at such times as are required by applicable regulations, the amount earned from the investment of the gross proceeds of the Bonds which is required to be rebated to the federal government, and (iii) pay, not less often than every fifth anniversary date of the delivery of the Bonds and within sixty days following retirement of the Bonds, all amounts required to be rebated to the federal government. (g) Information Reporting. The City covenants and agrees to file or cause to be filed with the Secretary of the Treasury, not later than the 15th day of the second calendar month after the close of the calendar quarter in which the Bonds are issued, an information statement concerning the Bonds, all under and in -22- accordance with section 149(e) of the Code and applicable regulations thereunder. Section 8.3: Qualified Tax-Exempt Obligations. The City hereby designates the Bonds as "qualified tax-exempt obligations" for purposes of section 265(b) of the Code. In connection therewith, the City represents (a) that the aggregate amount of tax-exempt obligations issued by the City during calendar year 1991, including the Bonds, which have been designated as "qualified tax-exempt obligations" under section 265(b) (3) of the Code does not exceed $10,000,000, and (b) that the reasonably anticipated amount of tax-exempt obligations which will be issued by the City during calendar year 1991, including the Bonds, will not exceed $10,000,000. For purposes of this Section 8.3, the term "tax-exempt obligation" does not include "private activity bonds" within the meaning of section 141 of the Code, other than "qualified 501(c) (3) bonds" within the meaning of section 145 of the Code. In addition, for purposes of this Section 8.3, the City includes all governmental units which are aggregated with the City under the Code. Section 8.4: Use of Proceeds. Proceeds from the sale of the Bonds shall, promptly upon receipt by the City, be applied as follows: (a) Accrued interest shall be deposited into the Interest and Sinking Fund. (b) The remaining proceeds from the sale of the Bonds shall be used for the purposes of constructing improvements and extensions to the City's waterworks and sanitary sewer system and to pay costs of issuance. Section 8.5: Official Statement. The City hereby approves the form and content of the Official Statement prepared for use in the sale of the Bonds and the preparation of a supplement thereto or final Official Statement containing the terms of sale of the Bonds and other relevant information. The use of such Official Statement in the offering of the Bonds by the Purchaser is hereby approved and authorized. The proper officials of the City are hereby authorized to execute and deliver a certificate pertaining to such official Statement as prescribed therein, dated as of the date of payment for and delivery of the Bonds. ARTICLE IX MISCELLANEOUS Section 9.1: Further Proceedings. The Mayor, the City Secretary, and other appropriate officials of the City are hereby -23- authorized and directed to do any and all things necessary and/or convenient to carry out the terms of this Ordinance. Section 9.2: Severability. If any Section, paragraph, clause or provision of this Ordinance shall for any reason be held to be invalid or unenforceable, the invalidity or unenforceability of such Section, paragraph, clause or provision shall not affect any of the remaining provisions of this Ordinance. Section 9.3: open Meeting. It is hereby officially found and determined that the meeting at which this Ordinance was adopted was open to the public, and that public notice of the time, place and purpose of said meeting was given, all as required by Article 6252-17, Vernon's Texas Civil Statutes, as amended. Section 9.4: Paving Agent/Registrar Agreement. The form of agreement setting forth the duties of the Registrar is hereby approved, and an appropriate official of the City is hereby authorized to execute such agreement for and on behalf of the City. Section 9.5: No Personal Liability. No recourse shall be had for payment of the principal of or interest on any Bonds or for any claim based thereon, or on this Ordinance, against any official or employee of the City or any person executing any Bonds. Section 9.6: Parties Interested. Nothing in this Ordinance expressed or implied is intended or shall be construed to confer upon, or to give to, any person or entity, other than the City, the Registrar, and the Owners of the Bonds, any right, remedy or claim under or by reason of this Ordinance or any covenant, condition or stipulation hereof, and all covenants, stipulations, promises and agreements in this Ordinance shall be for the sole and exclusive benefit of the City, the Registrar, and the Owners of the Bonds. Section 9.7: Repealer. All orders, resolutions and ordinances, or parts thereof, inconsistent herewith are hereby repealed to the extent of such inconsistency. Section 9.8: Effective Date. This Ordinance shall become effective immediately upon passage by this City Council and signature of the Mayor. -24- PASSED AND APPROVED this lith day of June, 1991. Mayor CITY OF HUNTSVILLE, TEXAS ATTEST: eetary Y OF HUNTSVILLE, TEXAS (SEAL) APPROVED AS TO LEGALITY: "� City Attorney CITY OF HUNTSVILLE, TEXAS -25- RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: Ordinance 91-11 Report on Rezoning;Calling a Public Hearing 06-11-91 R, Y.. { ORDINANCE NO. 91-1J_ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS ACCEPTING A PRELIMINARY REPORT ON REZONING BY THE PLANNING AND ZONING COMMISSION; CALLING A JOINT PUBLIC HEARING; AND MAKING OTHER PROVISIONS AND FINDINGS RELATED THERETO WHEREAS: the Planning and Zoning Commission has received a request to amend the Official Zoning Map and has prepared a preliminary report; and WHEREAS: the Planning and zoning Commission has prepared a preliminary report that recommends that the Official Zoning Map not be amended; WHEREAS: the City Council desires to accept and approve that preliminary report and proceed with a public hearing regarding amending the Official Zoning Map; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS THAT: SECTION 1: A public hearing shall be held on the 25th day of June, 1990, at 5:15 p.m., in the council chambers at City Hall at 1212 Avenue M, Huntsville, Texas 77340. In accordance with Section 211.006 (a) of the Texas Local Government Code, any party in interest or citizen who desires to be heard on the proposed zoning district boundaries shall have an opportunity to be heard. SECTION 2: This public hearing shall be held jointly by the City Council and the Planning and Zoning commission. SECTION 3: The City Secretary is hereby directed to give notice of the public hearing by (1) publishing notice of the time and place of the hearing in the Huntsville Item at least 15 days before the date of the hearing; and (2) sending notice to each owner within 200 feet and all owners of residentially designated property within 500 feet as indicated by the approved municipal tax roll, of real property in the city properly addressed with postage paid, by the United States mail, notice of the time and place of the hearing. The notice shall be deposited in the mail at least 10 days before the hearing date. r SECTION 4: The notice shall be in substantially the following form: CITY OF HUNTSVILLE PUBLIC HEARING NOTICE Re: Consideration of a Change in Zoning The Huntsville City Council and the Planning and Zoning Commission will hold a joint public hearing at 5:15 p.m. on Tuesday, June 25, 1991, in the City Hall Council Chambers at 1212 Avenue M to take testimony concerning a request by J. D. Tinsley, owner of Lot 7 and Part of 8, Block 3 and Lots 9 and 10, Block 2, G. A. White Subdivision located at 11th Street and Hickory Drive and 11th Street and Pine Street, respectively, for a zoning amendment from Neighborhood Conservation District (NC) to Management District (M). Copies of the request for zoning amendment are available at the City Hall at 1212 Avenue M from the Planning Department. All interested persons should attend and will be given an opportunity to be heard. If you cannot attend, you may submit comments in writing to City of Huntsville, Planning and Zoning Commission, 1212 Avenue M, Huntsville, Texas 77340, between now and the closing of the public hearing. If you have any questions regarding this notice, please call the Planning Department at 409-291-5410 between 8:00 a.m. and 5:00 p.m. SECTION 5: This ordinance shall take effect immediately upon its passage. Passed this zap day of / 7 P , 1991. The City of Huntsville ,! By W. H. Hodges, Zta M r auth Shaw, City Secretary App ved as to form: Sc tt B un s, City Attorney RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: Ordinance 91-12 Amends Chapter 30 of Code-Street Names 06-11-91 ORDINANCE NO. 9/—/z AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, AMENDING CHAPTER 30 OF ITS CODE OF ORDINANCES BY AMENDING SECTION 612.1, PUBLIC STREET NAMES, OF THE DEVELOPMENT CODE; REQUIRING THAT STREET NAMES BE DESCRIPTIVE; REQUIRING THAT STREETS NAMED AFTER PERSONS BE APPROVED BY COUNCIL; AND MAKING OTHER PROVISIONS RELATED THERETO. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, that SECTION 1: Chapter 30, Community Development, of the Code of Ordinances of the City of Huntsville, Texas, is hereby amended by the amendment of Section 612.1, Public Street Names, to read as follows: 612.1 Public Street Names The developer shall name public streets in conformance with the following considerations: (1) Names of new streets, not extension of existing streets, shall not duplicate any existing street name in the City or County. (2) If a new street is a direct or logical extension of an existing street, the existing street name shall be used. (3) Street name suffixes such as place, court, circle and loop shall be designated on streets that are cul-de-sac or loop streets. Suffixes such as boulevard, parkway, expressway and drive shall be confined to designated arterial or collector streets. Suffixes such as highway or freeway shall be used only on designated highways or freeways falling under the jurisdiction of the Texas State Department of Highways and Public Transportation. (4) Street name prefixes such as north, south, east and west may be used to clarify the general location of the street; however, such prefixes shall be consistent with the existing and established street naming and address numbering system of the general area in which the street is located. Streets running north and south are designated as avenues while those running east and west are designated as streets. (5) Alphabetical and numerical street names shall not be designated on any development plan unless the street is a direct extension of an existing street with that name. (6) Street names shall fit in with the names of existing streets in the area, and should, if possible, be named in a manner to provide direction to the general public (i.e. Park Street, Library Avenue, Museum Drive). (7) Streets should not be named as a memorial to or in honoraria of a person either living or deceased unless the person being so honored has, in the opinion of the City Council, made significant contributions to the betterment of the city, state or nation. Streets, once named, may not be renamed without a 3/4 majority of the City Council. SECTION 6: This ordinance shall take effect from and after its passage. PASSED by the City Council of the City of Huntsville, Texas on this theme day of TTjynP_ 1991. CITY OF HHUNTSVILLE W. H. Hodges, MayorV ATTEST: D"z&Z ha. ity ecretary APPROVED AS TO ORM: IAV Scott Bolunes, City Attorney RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: Ordinance 91-1 Amend Employee Medical Benefit Plan 06-15-91 ORDINANCE NO. 91-10 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, AMENDING THE EMPLOYEE MEDICAL BENEFIT PLAN BY INCREASING CONTRIBUTION LEVELS, AND MAKING OTHER PROVISIONS AND FUNDING RELATED THERETO. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, THAT SECTION 1. The Employee Medical Benefit Plan for the City of Huntsville, Texas, is amended by raising the rates charged for participation in the plan as follows: Employee Medical $ioo.i8 $118.23 Employee Dental ia.76 7.13 $-1-4 9. $125.36 Dependent Medical $179.76 $179.76 Dependent Dental 12.24 17.74 $192.00 $197.50 SECTION 2: All the changes made by this Ordinance shall take effect July 1, 1991. PASSED AND APPROVED this 05z�day of 1991. `CITY OF HUNTSVILLE, TEXAS 1� W. H. HODGES, MA 0 ATTEST: Shaw C tySear/ APPROVED AS TO FORM: e� ��,� Scott Bounds, City Attorney j RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: Ordinance 91-14 Amending The Personnel Rules of The COH 07-23-91 ORDINANCE NO. 91-14 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, AMENDING ITS PERSONNEL RULES; AND MAKING OTHER FINDINGS AND PROVISIONS RELATED THERETO. WHEREAS the City desires to amend its Personnel Rules to comply with the ever changing requirements of state and federal law; and WHEREAS the City desires to amend its Personnel Rules to assist its managers in the orderly conduct of the City; NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF HUNTSVILLE, TEXAS, THAT: SECTION 1: The Personnel Rules attached hereto as Exhibit A are adopted, amending the Personnel Rules of the City of Huntsville, Texas. SECTION 2: This ordinance shall take effect immediately. EXECUTED THIS,'.3i'UDAY OF 1991. CITY OF HUNTSVILLE W. H. Hodges, M r ATTEST: "7tuth DeShawJZy�cre ary APPROVED AS TO FW: t 1 / SCo ds, City At Personnel Policies City 44,6S, of /��\ Huntsville lmended CITY OF HUNTSVILLE PERSONNEL RULES TABLE OF CONTENTS CHAPTER 1 SECTION PAGE INTRODUCTION Objective 1 1 Equal Opportunity Policy 2 1 Applicability; No Contract 3 2 Dissemination 4 2 Amendment 5 2 Division of Responsibility 6 2 Safety 7 3 CHAPTER 2 DEFINITIONS 4 CHAPTER 3 VACANCIES Vacancy Identification 1 6 Announcement of Vacancies 2 6 Promotion Policy 3 6 Emergency Temporary Appointments 4 6 Temporary Promotions 5 6 Transfers 6 7 Nondisciplinary Demotions 7 7 Applications 8 7 Evaluation of Applicants 9 8 Disqualification 10 8 Referral and Selection 11 8 CHAPTER 4 APPOINTMENTS, TRANSFERS, PROMOTIONS Authority 1 9 Basis 2 9 Type 3 9 Nepotism, Fraternization, and Romantic Relationships between Employees 4 9 Residence 5 9 Employee Nepotism Charts 10 Medical Examinations 6 11 SECTION PAGE CHAPTER 8 (cont.) Longevity 9 19 10 20 Social Security Deferred Compensation 11 20 Garnishment 12 20 Cafeteria Plan 13 20 Pay Days; Termination Pay 14 20 Business/Travel Expense Reimbursement 15 21 Disease Benefit 16 21 17 21 Legal Representation Exempt and Open Salaried Employees 22 CHAPTER 9 ABSENCE Holidays 1 23 Vacation Leave (Annual Leave) 2 24 Sick Leave (Personal Leave) 3 25 Military Leave 4 26 Administrative Absence with Pay 5 26 Authorized Leave without Pay (Excused Absence) 6 27 Absence without Leave (Lost Time or 7 27 Unexcused Absence) Worker's Compensation; Injury Leave 8 27 with Pay; Other Injury Leave 9 29 Light Duty (Alternate Work) CHAPTER 10 CONDUCT Attendance 1 30 Work Standards 2 30 3 30 Political Activity Solicitation; Acceptance of Gift 4 30 Physical Fitness 5 31 Personal Appearance 6 31 Financial Obligations; Garnishment 7 31 Driving and Operating City Vehicles 8 31 Retaliation Prohibited 9 32 Use of Telephone 10 32 Incident Reports 11 32 Outside Employment 12 32 Harassment 13 33 Employee Drug Abuse Policy 14 33 Complaints Regarding Employee Conduct 15 34 SECTION PAGE CHAPTER 16 HUNTSVILLE POLICE DEPARTMENT PROMOTIONAL POLICIES Purpose 1 43 Procedure for Promotion to Police Lieutenant 2 43 APPENDIX APPENDIX A - Charter Officer - City Manager 45 APPENDIX B - Charter Officer - City Attorney 46 APPENDIX C - Charter Officer - City Secretary 47 APPENDIX D - Charter Officer - Municipal Court Judge -- CORRECTION This Document Has Been Rephotographed To Assure Legibility. Microfilming Target RMD 210(August 1987) Texas State Library Reproduction of this form at the agency State Records Center level is authorized. CITY OF HUNTSVILLE PERSONNEL RULES TABLE OF CONTENTS CHAPTER 1 SECTION PAGE INTRODUCTION Objective 1 1 Equal Opportunity Policy 2 1 Applicability; No Contract 3 2 Dissemination 4 2 Amendment 5 2 Division of Responsibility 6 2 Safety 7 3 CHAPTER 2 DEFINITIONS 4 CHAPTER 3 VACANCIES Vacancy Identification 1 6 Announcement of Vacancies 2 6 Promotion Policy 3 6 Emergency Temporary Appointments 4 6 Temporary Promotions 5 6 Transfers 6 7 Nondisciplinary Demotions 7 7 Applications 8 7 Evaluation of Applicants 9 8 Disqualification 10 8 Referral and Selection 11 8 CHAPTER 4 APPOINTMENTS, TRANSFERS, PROMOTIONS Authority 1 9 Basis 2 9 Type 3 9 Nepotism, Fraternization, and Romantic Relationships between Employees 4 9 Residence 5 9 Employee Nepotism Charts 10 Medical Examinations 6 11 SECTION PAGE CHAPTER 4 (cont.) Verification of Identity and Work Authorization 7 11 Minimum Age; Minors 8 11 Lie Detector Tests; Polygraphs 9 11 Orientation; Bonds; Bribery Statements; Oaths of Office 10 12 Training Reimbursement Agreements 11 12 CHAPTER 5 NONDISCIPLINARY PROBATION Probationary Period 1 13 Purpose 2 13 Failure of Probation 3 13 Appeal of Failure of Probation 4 13 CHAPTER 6 PERFORMANCE EVALUATION Performance Evaluation Report 1 14 Purpose 2 14 Counseling 3 14 CHAPTER 7 CLASSIFICATION Plan Preparation and Maintenance 1 15 Effect of Reclassification 2 15 Official Titles 3 15 Job Descriptions 4 15 Review of Salary Ranges 5 15 CHAPTER 8 COMPENSATION Basis 1 16 Administration of Range/Step Salary Schedules 2 16 Overtime 3 17 Flex-Time 4 17 Compensatory Time 5 18 Time Records 6 18 Insurance and Retirement 7 18 Educational Incentive Pay 8 19 CTION Longevity SE CHAPTER 8 (cont.) P Social Security Deferred Compensation 9 Garnishment 10 19 Cafeteria Plan PaY Da s- II 20 Business' Termination Pay 12 20 Disease Be ravel e7 Expense 13 20 Legal Re rneReimbursement 14 20 Exem P esentation 15 20 Pt and Open Salaried16 21 Employees I7 21 21 ABSENCE CHAPTER 9 22 Holidays Vacation L Sieave (Annual Leave) ilick Leave (Personal Leave) I inistrative Mtary Leave 2 23 AdmAbsence with pay 3 24 Authorized Leave without pa 4 25 Absence without Leave y (Excused 5 26 Unexcused Absence) (Lost T' Absence) 6 26 Worker's Com J Tile or with pa Pensation; In'ur 27 Light y; Other Injur y Leave 7 9 Duty (Alternate Work) 27 8 9 27 CONDUCT CHAPTER 10 29 Attendance Work Standards Political Activity 1 Solicitation; acceptance 2 30 Physical Fitness of Gift 3 30 Personal Appearance 4 30 Financial Obligations, 5 30 Driving and Operati � Garnishment 6 31 Retaliation Prohibit tlCity Vehicles 7 31 Use of Telephone 8 31 Incident Reports 9 31 Outside Employment 10 32 Harassment 11 32 ComplaintsOru9 Abuse Policy 12 32 Regarding Em l0 13 32 P Yee Conduct 14 33 15 33 34 SECTION PAGE CHAPTER 11 DISCIPLINE APPEALS Grounds for Disciplinary Action 1 35 Types of Disciplinary Action 2 35 Written Reprimand 3 35 Disciplinary Probation 4 35 Suspension 5 36 Reduction in Pay 6 36 Demotion 7 36 Dismissal 8 36 Pre-Deprivation Hearings 9 36 Appeal of Disciplinary Action to City Manager 10 37 Appeal of Certain Disciplinary Action to City Council 11 37 CHAPTER 12 NONDISCIPLINARY SEPARATION Resignation 1 38 Layoffs/Reorganizations 2 38 Incapacity 3 38 Retirement 4 39 CHAPTER 13 REINSTATEMENT Following Layoff 1 40 Following Separation for Incapacity 2 40 Veterans 3 40 CHAPTER 14 GRIEVANCE PROCEDURES Notice to Supervisor 1 41 Response by Supervisor 2 41 Appeal to City Manager 3 41 CHAPTER 15 PERSONNEL FILES AND REPORTS Personnel Files 1 42 Status Change 2 42 Personnel Reports 3 42 Final Pay; Termination Interview 4 42 SECTION PAGE CHAPTER 16 HUNTSVILLE POLICE DEPARTMENT PROMOTIONAL POLICIES Purpose 1 43 Procedure for Promotion to Police Lieutenant 2 43 APPENDIX APPENDIX A - Charter Officer - City Manager 45 APPENDIX B - Charter Officer - City Attorney 46 APPENDIX C - Charter Officer - City Secretary 47 APPENDIX D - Charter Officer - Municipal Court Judge -- CITY OF HUNTSVILLE PERSONNEL RULES CHAPTER 1 INTRODUCTION Section 1. Objective. These rules are designed to bring to the City a high degree of understanding, cooperation, efficiency, and unity through systematic, uniform application of modern personnel practices. Objectives of the City personnel management system, which includes these rules, are: a. to promote and increase efficient, responsiveness to the public, and economy in the City personnel management; b. to provide fair and equal opportunity for qualified persons to enter and progress in the City employment in a manner based on merit and fitness as ascertained through fair and practical personnel management methods; C. to maintain recruitment, advancement, and tenure practices enhancing the attractiveness of a City career and encouraging each employee to give his or her best effort to the City and the public; d. to promote high morale among City employees by fostering good working relationships and by providing uniform personnel policies, opportunities for advancement, and consideration of employee needs and desires. Section 2 Equal Opportunity Policy. Affirmative action shall be taken to ensure equal employment opportunity in the City. Discrimination against any person in recruitment, examination, appointment, training, promotion, discipline, or any other aspect of personnel administration, membership or nonmembership in employee organizations, or because of race, color, religion, national origin, citizenship status, marital status, or other non-merit factors is prohibited. Discrimination on the basis of age or sex or physical requirements is prohibited except where specific age, sex, or physical requirements constitute a bona fide occupational qualification. See also Affirmative Action Plan for Equal Opportunity Employment of the City of Huntsville (1977); Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e; the Age Discrimination in Employment Act, 29 U.S.C. § 621; Texas Commission on Human Rights Act, Tex. Rev. Civ. Stat. art. 5221k. 1 Section 3 Applicability' No Contract. These rules apply to all non-charter City employees except where inconsistent with state or federal law. A person on retainer or under contract is not considered to be a City employee in the absence of a specific agreement to that effect. Nothing in these rules shall be construed to limit the power of the City Manager or department heads to issue and enforce reasonable personnel rules not in conflict with the state statutes or these rules. Nothing in these rules shall be construed as an employment contract, and no City employee is authorized to bind the City to an employment contract except with the express written approval of City Council. Section 4. Dissemination. a. All City employees shall be informed of the existence of these rules and each department shall keep a copy available for reference by its employees. b. At each City job center designated by the City Manager shall be located a bulletin board. The bulletin boards are for official use only, and shall be used for communications required by state and/or federal law or these rules and which are approved by the Human Resources Division. Post: Personnel rules, medical handbook, vacancies, worker's compensation notices, whistleblower notices and hazardous chemical notices. See Tex. Rev. Civ. Stat. art. 6252-16a § 6. Section 5. Amendment. a. City Council may unilaterally change, rescind, supplement, or supersede these rules at any time without notice. b. The provisions of these rules control over any contradictory statement made by any City supervisors. Section 6 Division of Responsibility. With the exception of matters reserved to the City Council, the general and final authority for personnel management rests with the City Manager. The Human Resources Division should coordinate management in all areas of personnel administration, including employee-management relations, training and career development, and employee health, safety, and morale. Each Department Head is responsible for enforcing the provisions of these rules and related policies and procedures by cooperating with the Human Resources Division on all matters pertinent to his or her department. 2 Section 7. Safety. a. The City of Huntsville desires to conduct its operations with the utmost regard for the safety of its employees and its citizens. b. No employee shall be required to perform hazardous duty without first receiving training concerning the hazard and proper work methods. C. TheCity afer working environment.er shall folth and safety programs appropriate to d. workersyscompensation v subject oforreprisal reporting retaliation filing conditions management or outside enforcement authorities. See Safety Manual; Chapter 9, § 8/Worker's Compensation; Injury Leave with Pay; other Injury Leave. 3 CHAPTER 2 DEFINITIONS Actual Work See time actually worked. Charter Officer The City Manager, City Secretary, City Attorney or Municipal Court Judge. Classified Position A job budgeted and assigned to a pay grade within the City's pay plan_ COBRA The Consolidated Omnibus Reconciliation Act of 1985; a federal law that, among other things, establishes rules for medical expense benefit plans. See 42 U.S.C. § 300 bb-1- Day Unless otherwise specifically provided, shall mean eight (8) hours. Demotion The assignment of an employee from a position in one class to a position in another class having a lower maximum salary. Department A unit of City government consisting of one or more division as provided by the City budget. Director Department head. Division A basic unit of City government as provided by the City budget. Exempt Employees Employees not covered or exempted by the specific provisions of the Fair Labor Standards Act. Fair Labor Standards Act; 29 U.S.C. § 201. Injury Leave With Pay Absence from work with pay for a period not to exceed five working days from an employee's injury. Officer A ointed * A Cit em to ee entrusted with the administration of justice or t e execution o aw inc ull t e City Manager City Secretar Cit Attorne Mum ci a Court Jud a Director of Finance Bui din Officia s Hea th 0 ficia s P annin an Zonin Commission Mem ers Boar o A ustments and A ea s Members Ci tY Tax Co I i ector, fire Mars a Fire Chie Po ice Chief, and every no ice officer o t e City-0- Hun tsvi e. * Proposed 4 Open-Salaried lan. Position A job not assigned to the City's pay p Outside Employment Private employment business pursued by a City employee. Probation A trial or test period to determine the fitness of a person for a position. Promotion The assignment of an employee from a position in one class to a position in another class having a higher maximum salary. Time Actually Worked The time an employee is actually on duty, on compensatory time, vacation time, injury leave with pay, or a City declared holiday, but shall not include the time that the employee is on authorized leave without pay, emergency leave, or sick leave. Transfer The assignment of an employee from one position to another having the same maximum salary. 5 CHAPTER 3 VACANCIES Section 1 Vacancy Identification. Department Heads shall notify the Human Resources Division when vacancies occur or are imminent. Section 2. Announcement of Vacancies. The Human Resources Division shall publicly announce all vacancies to be filled in the City personnel system. Positions to be filled by administrative transfer, temporary promotion, or reinstatement may be announced by three days posting in prominent places at all City job centers. All other vacancies shall be advertised in the City's official newspaper. Each announcement, insofar as practicable, shall specify the job title, salary range, and nature of the job; the required qualifications; the type of selection procedure to be utilized; and the deadline for and method of application. Each announcement shall contain a statement affirming the City's commitment to a policy of equal employment opportunity. See also Affirmative Action Plan for Equal opportunity Employment of the City of Huntsville (1977). Section 3 Promotion Policy. A promotion is the assignment of an employee from a position in one class to a position in another class having a higher maximum salary. It shall be City policy to provide promotional opportunities whenever possible. A selection process may be limited to qualified City employees or such employees may be given preference in application and/or consideration. Opportunities for promotion across organizational lines shall be maximized. Employees should consult departmental rules for specific information regarding promotional opportunities. Section 4 Emergency Temporary Appointments. Whenever an emergency exists which requires the services of personnel who are not otherwise available, the City Manager may immediately appoint such personnel for a period not to exceed 30 working days without regard to normal recruitment and selection requirements. Section 5 Temporary Promotions. The City Manager may authorize a temporary promotion to ensure the proper performance of City functions if a position is vacant or its regular incumbent is absent. Employees so promoted shall be additionally compensated for the duration of their temporary assignments in amounts to be determined by the City Manager. 6 Temporary promotions shall not be used to circumvent normal selection procedures. The employees involved shall not acquire any status or rights in the classification to which the employee is temporarily promoted except as provided above. Nothing herein shall be construed to prevent the assignment of higher-level duties to an employee without additional compensation. Authorized additional compensation shall be paid only in cases of formal temporary promotion effected in accordance with these rules. Section 6. Transfers. A transfer is the assignment of an employee from one position to another having the same maximum salary. A transfer not involving promotion or demotion may be effected at any time for administrative convenience or upon request of the employee to the Department Head, if intradepartmental, provided that the employee is qualified to perform the duties of the position to which transfer is contemplated. Transfers may be made administratively or in conjunction with an announced selection process. Transfers between classes or between departments shall become effective upon recommendation of Department Directors following approval by the City Manager. Section 7. Nondisciplinary Demotions. A demotion is the assignment of an employee from a position in one class to a position in another class having a lower maximum salary. With the approval of the City Manager and if qualified to perform duties of the lower level position, an employee may be administratively demoted at his or her own request, as an alternative to layoff, or as a part of a City Council approved reorganization. Such demotions shall not be considered disciplinary actions.or disqualify the employees involved from consideration for later advancements. Demotions effected as alternatives to layoffs may be fully or partially rescinded at any time. Section 8. Applications. Applications for initial employment, promotion or other type of transfer, and reinstatement shall be submitted as prescribed by the Human Resources Division. Only applications officially received in the prescribed manner shall be considered. All information submitted in connection with applying for City positions is subject to verification. The City shall require such releases as necessary to investigate an applicant's medical, workers compensation, education, employment, criminal and driving histories. See also Chapter 4, § 9/Lie Detector Tests; Polygraphs. 7 Section 9 Evaluation of Applicants. The Human Resources Division shall coordinate with management as to the most appropriate means of evaluating applicants against job requirements to identify the best qualified. Reference checks, interviews, medical examinations, background checks, performance tests, written tests, and/or other screening procedures may be used as appropriate. Applicants shall be required to provide any information and undergo any examinations necessary to demonstrate compliance with prescribed qualification requirements for the positions involved. Section 10 Disqualification. An applicant shall be disqualified from consideration if he or she: a. does not meet the qualifications necessary for performance of the duties of the position involved; b. has made a false statement of material fact on the application form or supplements thereto; C. has committed or attempted to commit a fraudulent act at any stage of the selection process; d. cannot provide verification of work authorization and identity. Any applicant may be disqualified from consideration upon other reasonable grounds relating to job requirements. Section 11. Referral and Selection. The Human Resources Division shall develop standard operating procedures for the referral of applicants to departments for final selection. The procedures shall provide for selecting officials to report the disposition of all referred applicants and the reasons therefor. 8 CHAPTER 4 APPOINTMENTS, TRANSFERS, PROMOTIONS Section 1. Authority. Except as otherwise provided by Charter or ordinance, the City Manager shall confirm employment of all City positions after selection by Department Directors. Section 2. Basis. Appointments shall be made based on the qualifications of applicants as ascertained through fair and practical selection methods. Section 3. Type. Appointments shall be designated either regular or temporary. A regular appointment is ordinarily of indefinite duration and may be made to full-time or part-time position. A limited term regular appointment may be made in unusual circumstances. Regular appointments are subject to the rules governing probation. Section 4 Nepotism Fraternization and Romantic Relationships between Employees. a. No employee may directly or indirectly appoint to City service, supervise, or be supervised by a member of his or her immediate family. Immediate family means a person related in the second degree by affinity (marriage) or in third degree by consanguinity (blood). Under no condition will a person be appointed to a division in which the person has such a relative. b. The City Manager may apply the nepotism prohibition in the case of other organizational and/or personal relationships when failure to do so would be detrimental to the City. C. No person related in the second degree by affinity or in the third degree by consanguinity to the Mayor, any member of City Council or the City Manager shall. be appointed to any office, position, clerkship or other service of the City, except where authorized by state law. See City Charter§14.11; Employee Nepotism Charts Attached; Tex. Rev. Civ. Stat. art. 5996a. Section 5. Residence. There shall be no absolute residence requirement for City employees except as may be provided by law or charter. Employees likely to be called to work in cases of emergency may be required to reside within reasonable commuting ranges of their places of work. See also Tex. Loc. Gov't. Code § 150.021. 9 CITY OF HUNTSVILLE EMPLOYEE NEPOTISM CHARTS PROHIBITED RELATIONSHIPS INCLUDE: 1ST DEGREE Parents FW! Grnd- Children °m Brothers and sisters F u u.* 1ST DEGREE BY AFFINITY emma woof OWWN Spouse Ne*Wwn Spouse's parents slow SW Spouse's children Spouse's brothers and sisters W Stepparents c Stepchildren 2ND DEGREE BY CONSANGUINITY coReWorUINRy ItlN�au«�ni,byerood Grandparents Grandchildren - Aunts and uncles First cousins Nieces and nephews Tom 08M s� 2ND DEGREE BY AFFINITY wm srO+ "OW Spouse's grandparents ° Spouse's grandchildren Gmd- Spouse's aunts and uncles � mwe� cRswm Spouse's first cousins e�uM* wm Spouse's nieces and nephews way � MOW OPS 3RD DEGREE BY CONSANGUINITY ONLY RAC-6- spa (Does not include spouses) „ r sw« s« CM* Great grandparents Great grandchildren Great aunts and uncles Second cousins (child of first cousin) CAW � Great nieces and nephews GMA Gmds� RELATIONSHIPS NOT PROHIBITED INCLUDE: AFRNWYWNStnP 3RD DEGREE BY AFFINITY ReLgom ipbymauia98 Spouse's great grandparents Spouse's great grandchildren Spouse's great aunts and uncles Spouse's second cousins Spouse's great nieces and nephews NOTE: A husband or wife is related by affinity only to those who are related to the other spouse by consanguinity. For example, the rule prohibits an employee from supervising the employee's spouse's first cousin, but not the spouse of the employee's first cousin. 10 Section 6. Medical Examinations. A person selected for initial appointment or reinstatement shall undergo a thorough medical examination by the City's physician at City expense. Employment shall be contingent upon successful completion of the medical examination and determination by the City that the person meets the standards of fitness required for the job position involved. With the approval of the City Manager, a Department Director may require a physical or mental examination of any employee, to be performed by a physician designated by the City, to determine the employee's fitness for continued employment, promotion, or other personnel action. An employee may be placed on administrative leave with pay pending the medical examination results. Section 7 Verification of Identity and Work Authorization. The Human Resources Division shall verify, by examining existing documents, the work authorization and identity of all individuals prior to appointment. A copy of those documents shall be made part of the employee's permanent files. See Immigration Reform and Control Act, 4 U.S.C. § 1324a. Section 8. Minimum Age: Minors. a. No person under 18 years of age will be employed in any regular full-time position. b. No person under 18 years of age will be employed in any position requiring the operation of a motorized road vehicle owned by the City. C. Persons under the age of 18 and over the age of 16 may be employed in temporary positions involving only casual non-hazardous employment if the individual and his/her parents furnish the City with appropriate releases (minor's release). See Child Labor Law, Tex. Rev. Civ. Stat. art. 5181.1. Section 9 Lie Detector Tests: Polygraphs. a. No City employee shall be directly or indirectly requested or required to take any lie detector test; provided, that the City Manager may require a lie detector test of: 1. an individual applying for employment, or employed by the City,. in the design, installation, maintenance of security systems, or uniformed or plain clothes police or security functions; or 2. an individual if there is reasonable suspicion that the individual was involved in an act involving economic loss or injury to the City, such as theft, embezzlement or sabotage. 11 b. The City Manager shall establish reasonable procedures for the administration of lie detector tests to ensure that the examination and its results are not unreasonably intrusive upon the individual. See Employee Polygraph Protection Act, 29 USC§2001; Texas State Employees Union v. Texas Department of Mental Health, 746 S.W.2d 203 (Tex. 1987); 51 IE.R. Cases (S.D. Texas 1990). Section 10 Orientation; Bonds; Bribery Statements: Oaths of Office. a. The Department Director and supervisors, with assistance of the Human Resources Division shall orient all new employees. Such orientation shall include instruction and training regarding duties of the position, the drug abuse program, safety, and the City. L Before takin2 the Oath of Office all appointed officers shall file with the Texas Secretary o State a ri ery statement. See Tex Const art XVI & 1• Tex Rev. Civ. Stat. art. 26; City Charter 1� 4.04. c. Before enterin u on the duties of an office all a ointed officers haat at City expense execute any bond raguired by law. d. Before enterin2 upon the duties of an office all appointed officers shall to e t e Oat o _Office- * e. Each new employee shall be given a copy of these policies. Section 11. Training Reimbursement Agreements. With the approval of the Council, the City Manager may enter into an agreement with .an applicant for employment requiring that person, when employed by the City, reimburse the City for the City's cost of training if he/she voluntarily leaves the City to seek other employment. * Proposed See also Definitions, Chanter 2. 12 CHAPTER 5 NONDISCIPLINARY PROBATION Section 1. Probationary Period. a. Except as provided in subsection b, every person appointed to a regular appointment below Pay Grade IX shall be required to successfully complete a probationary period of six (6) months. b. Every person appointed to a regular appointment in Pay Grade IX or above, or to the position of Communications Operator shall be required to successfully complete a probationary period of twelve (12) months. Section 2. Purpose. Department Heads and supervisors shall use the probationary period to closely observe and evaluate the work and fitness of employees and to encourage adjustment to their jobs. Only those employees who meet acceptable standards during their probationary periods shall be retained. See also Chapter 11, § 4/Disciplinary Probations. Section 3. Failure of Probation. An employee shall fail probation when, in the judgment of the Department Head, the employee's fitness and/or quality of work are not such as to merit continuation in the job. Failure of probation may occur at any time within the probationary period and shall not be considered part of the disciplinary process. A new employee who fails probation may be separated from City employment. The new employee, if terminated during this period, will have accrued no benefits nor be eligible for any termination compensation. If desirable and feasible, the employee may be administratively transferred to a more suitable position. A newly promoted employee who fails probation may be returned to his or her former type of job, if available, and may be eligible for consideration for later advancement. Section 4 Appeal of Failure of Probation. An employee failing probation shall have no right of appeal except on the grounds of discrimination prohibited either by these rules or by law. A written notice of dismissal must be given to the employee which describes the reasons for failure of probation. The employee's supervisor shall conduct a pre-deprivation hearing prior to discharge of the employee. The employee may appeal in writing to the City Manager within five (5) working days following failure of probation. 13 CHAPTER 6 PERFORMANCE EVALUATION Section 1. Performance Evaluation Report. The work performance of each regular employee should be evaluated in accordance with procedures developed by the City Manager. An employee should be evaluated at or near each merit date, or at or near his or her anniversary date after reaching top of scale. Probationary employees should be evaluated at the midpoint of their probation. Section 2. Purpose. Performance evaluation is designed to help supervisors and employees measure how well work is being performed and to provide a tool for management decisions regarding training, assignment, promotion and retention of employees. Section 3. Counseling. Employees should be provided copies of their own performance evaluation reports. Evaluators should individually discuss the reports with the employees and should counsel them regarding their careers and any improvements in performance which appear desirable or necessary prior to sending the reports to the Human Resources Division for the employee's permanent file. 14 CHAPTER 7 CLASSIFICATION Section 1. Plan Preparation and Maintenance. Subject to approval of the City Council, the City Manager shall prepare and administer a classification plan for the City personnel system based on analysis of the duties and responsibilities of positions. Positions shall be allocated to appropriate classes based on objective factors. A position not allocated to a class or salary range is an open salaried position. See also Tex. Loc. Gov't. Code § 141.033. Section 2. Effect of Reclassification. An employee in a position that is reclassified from one salary range to another shall be entitled to continue to serve in the position with unimpaired status if the duties and responsibilities of the position are not significantly changed or if the employee substantially meets the qualifications prescribed for the new class. Section 3. Official Titles. Official class titles shall be used in all personnel matters. Working or functional titles may be otherwise used as appropriate. Section 4. Job Descriptions. The job descriptions are established so that the employee will have an understanding of what his duties are to be and what is expected. Section 5. Review of Salary Ranges. Approved salary ranges will remain in effect for a job position until the duties and requirements of the job undergo a sufficient change to merit re-evaluation. The City Manager, with approval of City Council, may authorize reclassification of a job position. 15 CHAPTER 8 COMPENSATION Section 1. Basis. The City Manager shall prepare and administer a comprehensive compensation plan for City employees subject to City Council approval. Employees shall be paid salaries or wages in accordance with the compensation plan, which shall include one or more salary schedules. In positioning classes on salary schedules, consideration shall be given to prevailing rates of pay among public and private employers; the duties, responsibilities, and qualifications required of employees in the classes; and other relevant factors. Section 2 Administration of Range/Sten Salary Schedules. Range/step salary schedules shall be administered in accordance with the following rules: a. A new employee shall normally be compensated at the minimum step of the approved salary range. In exceptional circumstances, the City Manager may authorize hiring above the minimum step. If such authorization is based on general recruitment difficulties rather than on unique qualifications of the new employee, pay for that job description shall, with City Council approval, be increased to assure that other employees with the same job description are not compensated less than the new employee. b. A newly promoted employee shall -ordinarily be compensated at the lowest step of the approved range which would provide an increase in pay over that received in the previous class. A newly promoted employee may be paid at a higher step depending upon eligibility for future step increases at his prior position. An employee being laterally transferred shall ordinarily continue to receive the same salary and shall retain the same eligibility date for pay increases. C. Merit increases within ranges may be granted as specified in the compensation plan upon recommendation of Department Heads and approval by the City Manager. Careful consideration to the ability and production record of each employee shall be given before such step increases are granted. An employee in probation status shall not be eligible for merit increases. d. No employee shall be paid more than the rate established in the approved compensation plan; except an employee, whose job was downgraded by reclassification or changes in the labor market through no fault of the emplrateoone,the newcontinue salarytformer r nge equals or surpas estherate old runtil orithe employee's job changes. e. An employee voluntarily or involuntarily demoted for any reason shall be compensated on a step of the new range as administratively determined. 16 f. A former employee reinstated pursuant to provisions of these rules shall be compensated on a step of the approved range as administratively determined. g. Open salaried positions shall include those positions appointed by City Council. Department Directors and employees in open salaried positions will be compensated as determined by City Council upon recommendation of the City Manager. Section 3. Overtime. a. Regular Employees Overtime, when ordered, shall be allocated as evenly as possible among all employees qualified to do the work. Employees will work overtime only at the discretion of the supervisor or Department Director. Overtime pay shall be paid only when an employee actually works more than'40 hours in one (1) work week. Overtime shall be compensated by pay at one and one- half (1.5) times the employee's regular hourly pay rate. b. Exempt and Open Salaried Employees Exempt employees and employees who are in open salaried positions do not receive any compensation for overtime. They are expected to work as many hours as necessary to complete their work. See Chart, Exempt and Open Salaried Employees attached. C. Overtime must be reported even if it is not authorized. All reported overtime will be paid even if it is not authorized. d. Disciplinary action may be taken against an employee who works overtime without authorization or who fails to report overtime worked, whether authorized or not. e. Overtime pay should not include in its calculation paid time off for vacation and holidays. See also Fair Labor Standards Act, 29 U.S.C. 201; Tex. Loc. Gov't. Code § 142.0015. Section 4. Flex-Time. Consistent with the City's needs, the scheduling of a work week to accommodate an employee's needs may be arranged upon approval of the employee's supervisor. Flex-time arrangements for longer than one (1) month shall be formalized by memorandum to the City Manager er and Human Resources Division. 17 Section 5. Compensatory Time. a. Regular Employees; limitation on compensatory time. 1. An employee qualified to receive extra pay for overtime may, with approval of the Department Director, elect to receive compensatory time off in lieu of extra pay. An employee other than a police officer may, at the discretion of the Department Director, be required to receive compensatory time off in lieu of extra pay. Al compensatory time will be accrued at a rate of time and one-half; provided, however, compensatory time cannot be accrued unless the person actually works more than 40 hours in one (1) week. 2. The maximum amount of compensatory time that any employee may accrue and accumulate is 40 hours. If an employee has accrued a balance of 40 hours compensatory time, overtime must be paid in cash. Compensatory time leave shall be authorized within a reasonable time. Use of all compensatory time must be approved in advance by the Department Director. Accrued balances of compensatory time at the termination of employment shall be paid at a rate not less than the average pay rate received by such employee over the last three (3) years employment or the employee's final regular pay rate, whichever is higher. b. Exempt and open Salaried Employees Exempt employees and employees who are in open salaried positions may not accrue compensatory time. Reasonable time off shall be permitted an employee so long as such time off does not interfere with the normal conduct of the job duties of the employee. See also the Fair Labor Standards Act, 29 U.S.C. § 201; Tex. Loc. Gov't Code § 142.0016. Section 6. Time Records. a. All employees, except exempt and open salaried employees, shall keep accurate time records of time worked and compensatory time accumulated which shall be certified by their supervisor and submitted to the Human Resources Division. b. Overtime must be reported even if it is not authorized. Section 7. Insurance and Retirement. Eligible employees who work more than 30 hours per week in budgeted permanent positions shall receive insurance and retirement benefits as prescribed in the applicable programs. Part-time employees shall not participate in such programs. 18 Dependents covered by the City's medical plan are entitled to continue medical coverage for up to 36 months if they are: a. the surviving spouse and/or children of a deceased employee; b. a separated or divorced spouse and/or children of a covered employee; or C. losing coverage because of age. Employees and/or their dependents covered by the City's medical plan are entitled to continue medical coverage for up to 18 months if the employee's medical benefits are terminated because of: a. reduction of hours worked or layoff; b. resignation; or C. termination due to conduct other than gross misconduct. Individuals eligible for continuation of coverage must elect to continue coverage within 60 days of the event otherwise terminating coverage and must pay for the coverage monthly. The City may terminate coverage prior to the applicable 18 or 36 month extension if: a. the City terminates its health plan for all employees; b. the person fails to pay the monthly premium; or C. the person becomes covered by another health plan or medicare. See 42 U.S.C. § 300 bb-1. Section 8 Educational Incentive Pay. Changes in an individual's pay rate may be made based on the individual's attainment of any required licenses, registrations or certification for a given position. Section 9. Longevity. All classified employees will be paid $4.00 per month per year of service. See also Tex. Loc. Gov't Code § 141.032. 19 Section 10. Social Security. The City does not participate in Social Security and City employees are not covered by the Federal Insurance Contribution Act (F.I.C.A.). Full-time employees must participate in a mandatory retirement plan. As provided by law, certain Medicare the SocialtSecurity System.loyees will The City contribute City willmakematching contribution. of See also 42 U.S.C. § 410 (medicare rules); 26 C.F.R. 31 (public retirement rules). Section I1 Deferred Compensation. The City offers an I.R.S. approved § 457 deferred compensation plan through I.C.M.A. An employee may participate by deferring up to 25%, or$7,500 per year, whichever is less, of income per year. Since an employee's contributions to a deferred compensation account are strictly regulated by the I.R.S., the employee's funds are not accessible like a savings account. This program should be viewed as a tax sheltered retirement fund. For more information on deferred compensation, contact the Human Resources Division. See Internal Revenue Code § 457; Tex. Rev. Civ. Stat. art. 6252-3g. Section 12. Garnishment. The City will garnish an employee's wages if directed by court order. Section 13. Cafeteria Plan. Eligible employees may elect to receive a variety of benefits including accident or health plan reimbursement, medical expense reimbursement, dependant care assistance benefits, term re 's term disability reimbursementorcasas athorizedundertheCityI R.Sapprov program. Section 14 Pay Days; Termination Pay. a. Employees should be paid every two weeks, generally on Friday, for work ending not more than six days prior to that pay day. b. Each employee's pay check or pay check stub should identify all deductions made by the City. C. Upon termination, the City should pay the employee regular wages by the nexpaytshouldabepay paidauntil thecrued employeeacompletesithe� othersick or termination process. See Chapter 9, § 3/Sick Leave (Personal Leave) and Chapter 15, § 4/Final Pay; Termination Interview; Tex. Rev. Civ. Stat. art. 5159d. 20 Section 15. Business/Travel Expense Reimbursement. Employees may be reimbursed reasonable and necessary expenses incurred in the conduct of City business as approved by the City Manager. Section 16. Disease Benefit. The City will provide disease benefits for peace officers and firefighters as required by state law. See Tex. Rev. Civ. Stat. art. 1269t (disease benefit). Section 17. Legal Representation. The City will provide legal representation for employees as required by state law. See also Tex. Loc. Gov't Code § 180.002; City of Huntsville Code § 2-70. 21 EXEMPT AND OPEN SALARIED EMPLOYEES Exempt Assistant to Director of Engineering Design Court Clerk Chief Building Official Librarian Planner II Programmer II Project Coordinator Superintendent I Superintendent II Supervisor V Administrative Coordinator for Finance Open-Salaried City Attorney City Manager City Secretary Director of Community Development Director of Engineering Design Director of Finance Director of Planning Fire Chief Police Chief Director of Public Utilities Director of Public Works Municipal Court Judge 22 CHAPTER 9 ABSENCE Section I. Holidays. New Year's Day, Good Friday, Memorial Day, Independence Day, Labor Day, Thanksgiving (last Thursday and Friday in November), Christmas (December 25 and an additional Christmas holiday to be determined by Council), the employee's birthday or any other recognized state, federal or religious holiday with Department Director approval after five (5) days notice, and such other days as may be declared by the City Council shall be observed as official holidays for City employees in accordance with the following rules: a. As many employees as possible shall be given each holiday off consistent with the maintenance of essential City functions. b. Temporary part-time and temporary full-time employees may be granted unpaid holidays. Permanent part-time employees shall be entitled to a partially paid holiday if the holiday is a regularly scheduled workday. C. A regular employee who works on a holiday as directed shall be paid for the time worked at his regular hourly pay rate and shall either be compensated by additional pay at one and one-half (1.5) times the employee's regular hourly rate for the hours actually worked or, with permission of the Department Director, accrue a day of holiday leave. d. An open salaried or exempt employee who works on an official holiday may reschedule a personal day off. he shall be e If aif aholiday falls on holiday falls ontSunday ,tthe following Mond Friday shall be observed. and ay on f. the spcheduled workee in eof day absenciimmediatelyoprecedingatus on the or following shall r An hall not receive pay for the holiday. g. Employees desiring to observe religious holidays not coinciding with official holidays may be given time off without pay or may be authorized to use accrued vacation leave. h. No employee may accrue more than four (4) days of holiday leave except for extenuating circumstances approved in writing by the City Manager. i. For purposes of scheduling a holiday, a holiday shall have an hour value equal to the employee's regularly scheduled shift or workday. j. No person shall be entitled to additional holiday compensation at more than their regular hourly rate for more than ten (10) hours worked on any holiday unless approved by the City Manager. See also Tex. Loc. Gov't Code § 142.0013. 23 Section 2 Vacation Leave (Annual Leave). Each permanent full-time employee shall earn vacation leave as follows: Years of Service Vacation Per Year Monthly Accrual 0-9 10 Days .83 Days 10-15 15 Days 1.25 Days 16 16 Days 1.33 Days 17 17 Days 1.42 Days 18 18 Days 1.5 Days 19 19 Days 1.58 Days P0+ 20 Days 1.67 Days Vacation leave shall be administered according to the following rules: a. An employee may take vacation leave only after one (1) year of continuous service. b. Vacation leave shall not accrue for any month during which an employee is in pay status for less than one-half the standard number of paid days for his or her job type. c_ Vacation leave may be taken in one (1) hour increments with proper supervisory approval. d. Employees shall be encouraged, and required, to use a substantial portion of their vacation leave each year. No employee may accrue more than 20 days of vacation leave except in extenuating circumstances as determined by the City Manager. e. Department Heads shall schedule or approve vacations giving due consideration to the needs of service and the interests of the employees. Vacations may be split. f Vacation worked. City only or time idays willnot be employee nst vacation leave. g. Employees being laterally transferred, promoted, or demoted shall retain accrued vacation leave. h. Vacation leave shall not be advanced to employees except in emergencies with the approval of the City Manager. i. seployees with arated t ted for any reason shall least one be be paid continuous of for any accrued vacation leave. j. Vacation leave credits are not transferable between employees. k. Regular part-time and temporary employees shall not accrue vacation leave. 24 I. Additional compensation in lieu of vacation time is prohibited. See also Tex. Loc. Gov't Code § 142.0013. Section 3 Sick Leave (Personal Leave). Regular full-time employees shall be allowed sick leave with full pay in accordance with the following rules: a. A full-time employee shall earn 12 days of sick leave per year at the rate of one (1) day per month, provided, however, that an employee cannot use sick leave until he or she has six (6) months continuous service (part- time or full-time) with the City. b. Sick leave shall not accrue for any month during which an employee is in pay status for less than half the standard number of paid days for his or her type of job. C. Accumulation of sick leave credits for use during employment shall be unlimited. Sick leave credits will not be restored upon rehire. d. Sick leave may be taken in increments equivalent to one (1) hour of work because of personal illness, non-occupational injury, legal quarantine, or routine health care appointments which cannot reasonably be scheduled outside of working hours. e. An employee's supervisor may request and obtain verification of the circumstances surrounding any use of sick leave. f. Accrued vacation leave may be used to supplement sick leave. Pay shall be discontinued when authorized leave is exhausted. g. An employee who becomes ill or injured during a vacation may, with proper documentation, request that the vacation be terminated and the time of the non-occupational illness or injury be charged to sick leave. h. Employees with five (5) years of continuous service who are separated for any reason including disability or retirement shall be paid for any accrued sick leave as follows: Sick Leave Accrued Amount Paid at Termination Up to 480 hours 0% Over 480 hours but less than 1200 hours 25% Over 1200 hours 50% i. Sick leave credits are not transferable between employees. 25 j. Department Heads, after ascertaining the exact circumstances, may permit a regular employee to use sick leave in the event of a disaster, serious injury, or serious or contagious illness involving the employee's dependents. Department Heads, after ascertaining the exact circumstances, may permit an employee to use up to three (3) sick leave days per calendar year in the event of a death, serious injury, or serious illness within the employee's immediate family. See Chapter 4, § 4/Nepotism. k. Regular part-time and temporary employees'shall not accrue sick leave. 1. An employee shall notify his immediate supervisor or the Director prior to the time set for beginning work in order to receive compensation for sick leave. M. A pregnant employee is expected to make her own decision, in consultation with her physician, as to when she will cease working. Except in emergencies, at least ten (10) working days written notice of cessation of work shall be required. The aforementioned notice shall include a statement of the employee's intentions concerning resumption of work. If pregnancy prevents an employee from properly performing her duties or creates a hazard to persons or property, the City may invoke the provisions of these rules concerning separation for incapacity or may take other appropriate administrative measures. Employees with illness or disabilities arising from pregnancy or maternity shall be entitled to benefits on the same basis as employees with other types of temporary illnesses or disabilities. Documentation of the disability shall be required as in the case of other disabilities. Employees who are fathers or who adopt children may use sick leave as appropriate to care for spouse or children. Section 4. Military leave. Military leave with pay up to 15 days per year shall be granted in accordance with Texas and federal laws. Military leave without pay shall be granted in accordance with Texas and federal laws. Employees preparing to take authorized military leave shall furnish their Department Director with copies of their military orders or other appropriate certificate. See also Tex. Gov't Code ch. 431; Tex. Att'y Gen. Op. Nos. WW-1477 (1962), C-679 (1966), MW-240 (1980) and MW-300 (1981). Section 5. Administrative Absence with Pay. Employees shall be granted sufficient administrative absence with pay, when necessary, in order to vote in an official election. Employees called for jury service shall be granted administrative absence with pay during such service and shall retain any fees paid by the courts. Employees excused or released from jury service shall report to their work stations in accordance with departmental instructions with jury slip from court. 26 With the approval of the City Manager, a Department Head may grant an employee administrative absence with pay for purposes of attending a professional conference, convention, training activity, legislative proceeding, civic function or meeting, or for purposes of coordinating with governmental and private agencies and entities in the interest of the City. The City will make every attempt to offer an employee every opportunity to broaden his skills and develop his professional ability through schools, seminars and training sessions, dependent on the City's ability to pay and/or a work schedule as approved by his supervisor. The employee should notify his immediate supervisor of his desire to attend these schools. Section 6 Authorized Leave without Pay (Excused Absence). In circumstances not falling within other provisions of these rules, the Departmental Director may authorize an employee to take leave without pay under such terms and conditions as may be mutually agreeable. See also Chapter 172, 72nd Legislature (1991) (legislative leave for peace officers and firefighters). Section 7 Absence without Leave (Lost Time or Unexcused Absence). An employee failing to report for duty or remain at work as scheduled without proper notification, authorization, or excuse shall be considered absent without leave and shall not be in pay status for the time involved. Absence without leave constitutes abandonment of duties that may result in dismissal. Absence without leave for three (3) consecutive days constitutes a voluntary resignation. Section S Worker's Compensation• Injury Leave With Pay: Other Injury Leave. a. Medical expenses incurred for compensable on the job injuries will be paid at no expense to the employee. b. Unless the employee's injury is due to the employee's failure to use a prescribed safety device, failure to follow a City safety rule, or use of an intoxicant, the City will pay an employee who sustains a compensable on the job injury leave with pay 100%of the employee's salary for the first five (5) working days of the disability without any charge to the employee's vacation or sick leave. The City will not pay more than five days injury leave to any one employee per calendar year. 27 C. Beginning on the eighth (8th) calendar day of disability, the employee will be compensated at a rate of up to 75% of the employee's average weekly wages (excluding overtime) up the maximum benefits as controlled by the Worker's Compensation Act. Additionally, the City will pay an employee receiving a workers compensation weekly income benefit and whose base salary exceeds the State's average weekly income benefit equal to 70% of the difference between the employee's weekly base salary and the State's average weekly wage. d. An employee may not use accrued vacation or sick leave to supplement worker's compensation. See also Tex. Rev. Civ. Stat. art. 8309h § 5(c). e. If an employee is disabled and unable to return to work for four (4) weeks, then the City's Worker's Compensation will pay the employee for the first five (5) days of work. If the employee was paid injury leave by the City under paragraph (b), the employee shall reimburse the City the amount paid by Worker's Compensation for this initial five (5) day period. See also Tex. Loc. Gov't Code § 142.008; Tex. Rev. Civ. Stat. art. 8307c and 8309h § 3(d). f. An employee shall not accrue benefits (vacation leave, sick leave, retirement, deferred compensation, etc.) while the employee is on injury leave or unable to work because of an injury for more than one week per year. Service credit for all employment privileges and benefits will discontinue during this period except where otherwise provided by state or federal law. g. If an employee who is injured is unable to return to work within one week, then the City will pay (in addition to the worker's compensation benefit and the City's supplemental income benefit described in c. above) the employees medical premiums (employee and dependent care), long term disability premium, and life insurance premium which are payroll deducted by the City and provided by the City's approved carriers. Such extended benefits will be provided to the employee for a period of up to six months. The employee is responsible for and must take appropriate action. to insure payout of items such as credit union loans and supplemental health or life insurance.. h. An employee must be available for consultation at the City or at home during the disability. An employee who is on City work related injury leave shall contact his or her supervisor at least once every five (5) working days. i. The failure to follow doctor's orders, or employee activity inconsistent with the employees injury, including any outside employment not approved in writing by the employee's supervisor and the Division of Human Resources, may result in disciplinary action up to and including termination. 28 j. An employee who suffers an occupational injury or illness shall return to work immediately when released to do so by the examining physician. Failure to return to work when released shall result in appropriate disciplinary action up to and including dismissal. An employee released by his physician to assume duties after being placed on injury leave status must, prior or immediately upon reporting to work, provide a written release from the attending physician indicating the employee's fitness to return to his full former duties and the date of the employee's release from medical care. k. An employee who is unable to return to work in full duty status within six (6) months of an injury may be separated for incapacity reasons. See Chapter 12, § 3/Incapacity. At that time the employee may elect to receive accrued vacation and sick leave benefits, if any, payable upon termination. An employee may not, however, be reinstated unless the employee reimburses the City any sick leave paid, plus interest at eight percent (8Y) from the date of payment. Section 9. Light Duty (Alternate Work). a. An employee who is released to return to work in less than full duty status will perform restricted duty tasks when available. This duty will be assigned by the City as determined by economic and operating conditions. Restricted duty assignments may be in a position, department or shift other than the employee's original position, department or shift. b. No employee on light duty will work overtime. C. If an employee, due to City work related injury, is returned to work in less than full duty status (light duty), the employee cannot be sent home with time charged to his or her accumulated sick leave, compensatory time, vacation leave, etc. An employee may, however, elect to voluntary use of accumulated vacation leave, sick leave (unrelated illness), or compensatory time. d. An employee who is unable to return to full duty status within six (6) months of an injury may be separated for incapacity reasons. 29 CHAPTER 10 CONDUCT Section 1. Attendance. Employees shall be at their places of work in accordance with City and departmental policies and regulations. Department Heads shall establish work schedules and maintain daily employee attendance records. Full-time City employees work forty (40) hours per week unless otherwise directed by the City Manager. Section 2. Work Standards. It shall be the duty of each employee to maintain high standards of cooperation, efficiency, and economy in his or her work for the City. Department Heads shall organize and direct the work of their departments to achieve these objectives. If the work habits, attitude, production, and/or personal conduct of an employee fall below appropriate standards, supervisors should point out the deficiencies at the time they are observed. Counseling and warning the employee in sufficient time for improvement should ordinarily precede formal disciplinary action, but nothing herein shall prevent immediate formal action, as provided elsewhere in these rules, whenever the interest of the City requires. Section 3 Political Activity. Except as may be otherwise provided by law, the following restrictions on political activity shall apply to City employees: a. City employees shall refrain from using their positions for or against any candidate for public office in any jurisdiction. b. City employees shall not use working hours or City property to solicit or receive any subscription, contributions, or political service, or to circulate any petition or campaign literature on behalf of any candidate for public office or for any political issue. See also Tex. Loc. Gov't Code § 150.001-.003, 180.01: Section 4 Solicitation, Acceptance of Gift. a. Solicitation' of funds*or anything of value for any purpose whatsoever shall be permitted of or by City employees on the job only with the express approval of the City Manager. No employee may be required to make any contribution nor may an employee be penalized in any way in connection with his or her employment according to his or her response to a solicitation. b. No employee shall accept or solicit any money, property, service, or other thing of value in excess of $25.00 from a person, business entity or other organization regulated by, contracting with, or having any other business relationship with the City department of which the employee is a member. 30 C. If a person presents a gift to a City employee as a reward for service or as an act of expressing appreciation, then the employee shall report the gift in writing to his supervisor and the City Manager. See also Tex. Loc. Gov't Code ch. 171. Section 5. Physical Fitness. It shall be the responsibility of each employee to maintain the standards of physical fitness required for performing his or her job. Section 6. Personal Appearance. All employees, regardless of work location and degree of public contact, are expected to dress appropriately and in good taste and are expected to maintain a good general appearance at all times. Section 7. Financial Obligations: Garnishment. a. All employees are expected to keep their personal financial affairs in good order. Failure to pay just debts, including taxes, may constitute grounds for disciplinary action. b. The City will follow court orders concerning garnishment. Certain state and federal laws allow garnishment of wages. See also 11 U.S.C. § 525a (prohibiting discrimination by governmental employers against employees because they file for bankruptcy protection). Section 8. Driving and Operating Citv Vehicles. a. Before employing a person as a driver of a motor vehicle used to transport persons, or before permitting any employee to drive any City vehicle, the Human Resources Division shall request from the Texas Department of Public Safety a list of convictions of traffic violations contained in their files on the person and a verification that the person has a valid license. See Tex. Rev. Civ. Stat. art.-6687b. b. If a job-assignment requires an employee to operate or drive a City vehicle, the employee shall possess a drivers license. Any employee who loses a valid drivers license shall report such loss to their supervisor immediately. C. With approval of the City Manager, employees on call may drive City vehicles home. Except as expressly permitted, City vehicles shall not be used for personal business. d. An employee that has an accident while operating a City vehicle shall immediately notify both the Police Division and their supervisor. 31 Section 9. Retaliation Prohibited. No supervisor shall suspend or terminate the employment of, or otherwise discriminate against, an employee merely for reporting a violation of the law if the employee report is made in good faith. See also Tex. Rev. Civ. Stat-. art. 6252-16a. Section 10. Use of Teleohone. Telephones in City offices, shops, etc., are for City business. Personal calls are discouraged and should be held to a minimum. Official long distance calls must be logged and sent to Accounting in order to keep an accurate record of the calls. No personal long distance calls may be charged to the City. Telephones shall not be left unattended during normal working hours. Section 11 Incident Reports. An employee shall within one (1) working day report to his supervisor any incident that involves either any personal injury, or any damage or loss to City property or the property of others. His or her supervisor shall reduce such report to writing within one (1) day if such incident involves personal injury or damages or loss to any property in excess of$50.00. It should be immediately forwarded to the Division Director, City Manager, and Personnel Coordinator. (An employer has eight (8) working days after an injury is reported to file a written report with the servicing contractor and the Industrial Accident Board.) The primary purpose of this report is to obtain an objective insight into facts surrounding the accident in order to improve future accident control measures. It is not the intent of this investigation to cause undue embarrassment to the employee. If he failed to take precautions or use safety appliances that he was familiar with, however, this fact should be given along with a reason for the employee's neglect in following safe procedures and use of safety equipment. The supervisor is to recommend or indicate positive action in his comments or corrective action to be taken following investigation of each accident, to insure it does not happen again. An Accident and Review Board composed of City employees may be appointed by the City Manager or his designee to review an employee's accident. Section 12 Outside Employment. Second jobs held by the employee are permissible under the following conditions:- a. The Department Director is informed of the outside employment in writing, and the type of duties performed. 32 b. The outside employment has been approved by the Department Director and City Manager. C. The outside employment does not constitute a conflict of interest, interfere with employee efficiency, require the use of City time or equipment. d. If an employee shall become unable to perform the duties of his City job because of an injury or other incapacitation caused while engaged in private business or in the employment of an employer other than the City, the City will deny the benefits otherwise granted by these policies. Section 13. Harassment. a. Sexual harassment, including sexual advances, request for sexual favors, and verbal or physical conduct of a sexual nature, including offensive jokes, pictures, or cartoons, of any employee by a City employee is prohibited if such conduct interferes with the individual's work performance or creates an intimidating, hostile or offensive working environment. Any employee who experiences or observes any such harassment should notify their supervisor or the Human Resources Division. b. Racial, ethnic or religious harassment of any employee or applicant by a City employee is prohibited if such conduct interferes with the individuals work performance or creates an intimidating, hostile or offensive working environment. Any employee who experiences or observes any such harassment should notify their supervisor or the Human Resources Division. C. All allegations shall be dealt with in strict confidence, and appropriate disciplinary action shall be taken. See also Tex. Penal Code § 39.02. Section 14 Employee Drug Abuse Policy. a. It is the policy of the City of Huntsville to assist employees in eliminating drug abuse. b. The term "drug" includes alcoholic beverage and prescription drugs, as well as illegal inhalants and illegal drugs. The term drug does not include prescription drugs when taken as directed by a doctor. C. The unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance on City premises, or while conducting City business is absolutely prohibited. Being under the influence of any illegal drug, or being impaired by the use of alcohol on City premises, or while conducting City business is prohibited. The use of illegal drugs off-duty is inconsistent with law abiding behavior expected of all employees. Violations of this policy may result in disciplinary action, including termination, and may have other legal consequences. 33 See also Chapter 11, § 1/Grounds for Disciplinary Action. d. The City of Huntsville provides medical insurance benefits which may assist an employee in a drug or alcohol abuse program. Additionally, the Human Resources Division will assist, upon request of the employee, in obtaining care. e. Any employee may request information on drug and alcohol abuse education and training from the Human Resources Division. The Human Resources Division will provide assistance. f. The City may require pre-employment chemical screens on final applicants for employment. g. A supervisor may request an employee to submit to a drug and/or alcohol test if the supervisor has reasonable suspicion that the employee is under the influence of drugs or alcohol so that the employee's ability to perform the functions of the job is impaired or the employee's ability to perform the job safely is reduced. h. A supervisor may request an employee to submit to a drug and/or alcohol test if the employee is involved in a work-related accident causing property damage or personal injury. i. The City Manager. shall establish reasonable procedures for the administration of drug/alcohol/chemical tests to ensure that the examination and its results are not unreasonably intrusive upon the individuals. j. An employee shall notify the City of drug related violations occurring in the workplace no later than five (5) days after conviction. See Texas Worker's Compensation Act; Tex. Rev. Civ. Stat. art. 8308-7.10; 28 T.A.C. § 169.1. Section 15 Complaints Regarding Employee Conduct. Reserved. See also Tex. Rev. Civ. Stat. art. 6252-20. 34 CHAPTER 11 DISCIPLINE APPEALS Section 1 Grounds for Disciplinary Action. Disciplinary action may be taken against an employee for just cause. Just cause shall be related to the job involved and shall include but not be limited to illegal, unethical, abusive, or unsafe acts; violation of City rules, regulations, policies, or procedures; insubordination; inefficiency; poor work performance; neglect or abandonment of duties; failure to report overtime worked; working overtime not authorized; participation in prohibited political activity or solicitation; abuse of illness, injury, disability, or other benefits; tardiness or absence without leave; falsification of official documents or records; using or being under the influence of drugs or intoxicating beverages while on duty; waste, damage, or unauthorized use of City property or supplies; unauthorized use or disclosure of official information; and unauthorized or improper use of official authority; violation of the provisions of the City Charter; discourtesy to the public or to fellow employees; or for refusal or neglect to pay just debts. Nothing herein shall, however, limit the authority of City Council to remove officers appointed by Council. Section 2 Types of Disciplinary Action. Formal disciplinary action taken shall be consistent with the nature of the deficiency or infraction involved and the record of the employee. formal disciplinary action shall include written reprimand, disciplinary probation, suspension, reduction in pay, demotion, and dismissal. Any of the foregoing types of formal disciplinary action may be invoked for a particular deficiency or infraction, depending upon the exact circumstances.. An employee may be formally warned at any time that he or she may be dismissed or otherwise disciplined for further unsatisfactory performance and/or conduct. Section 3 Written Reprimand. In the interest of good discipline, an employee may be reprimanded in writing. The written st to the likely consequences for further unsarimand shall describe the tisfactory performancor infraction e sand hland/or conduct. Section 4 Disciplinary Probation. In the interest of good discipline, an employee may be placed on disciplinary probation for up to one (1) year. A written notice of the disciplinary probation that describes the deficiency or infraction involved and that states the likely consequence of further unsatisfactory performance and/or conduct must be given to the employee. The disciplinary probation shall be permanently noted in the employee's official personnel file. 35 Section 5. Suspension. In the interest of good discipline, an employee may be suspended without pay for up to 30 calendar days in one (1) calendar year. A written notice of suspension which describes the deficiency or infraction involved and which states the likely consequence of further unsatisfactory performance and/or conduct must be given to the employee. The suspension shall be permanently noted in the employee's official personnel file. Section 6. Reduction in Pay. In the interest of good discipline, an employee's pay may be reduced within range. A written notice of reduction must be given to the employee which describes the deficiency or infraction involved and which states the likely consequences of further unsatisfactory performance and/or conduct. The reduction shall be permanently noted in the employee's official personnel file, but the employee shall not be disqualified from consideration for later pay increases. Section 7. Demotion. In the interest of good discipline, an employee may be demoted. A written notice of demotion must be given to the employee which describes the deficiency or infraction involved and which states the likely consequences of further unsatisfactory performance and/or conduct. The demotion shall be permanently noted in the employee's official personnel file, but the employee shall not.be disqualified from consideration for later advancement. Section 8. Dismissal. In the interest of good discipline, an employee may be dismissed from the City service. A written notice of dismissal must be given to the employee which describes the deficiency or infraction involved. Section 9. Pre-Deprivation Hearings. a. Prior to taking any disciplinary action under Section 5, 6, 7, or 8 above, a written notice of the proposed disciplinary action describing the employee's alleged deficiency or infraction shall be given to the employee subject to the disciplinary action. If the employee is absent without leave, notice of disciplinary action shall be mailed to the employee at his last known address by certified mail, return receipt requested. The notice shall establish the time for a pre-disciplinary hearing. See Chapter 9, § 7/Absence without Leave [Lost Time]. b. On the second working day following notice of the proposed disciplinary action, the employee's Director shall conduct a pre-deprivation hearing. At the pre-deprivation hearing, the Director shall review the written charges and explain the evidence related to them. At that hearing, the employee against whom the disciplinary action is proposed shall be entitled to present an oral and written response. 36 C. An employee may not be suspended, demoted or terminated until the completion of the pre-deprivation hearing. If the Director perceives a significant hazard in keeping the employee on the job, the Director may suspend the employee with pay pending the pre-deprivation hearing. d. Upon completion of the pre-deprivation hearing, the Director may withdraw, amend, or issue the notice of disciplinary action. Section 10 Appeal of Disciplinary Action to City Manager. a. Formal disciplinary action taken under this Chapter may be appealed in writing directly to the City Manager within five (5) working days following notice of the action. b. The action may be stayed pending decision on the appeal, or may take effect at any time after issuance of the notice as determined by the City Manager. C. Upon request, an employee against whom disciplinary action is taken shall be entitled to present a written response to said action and to appear personally before the City Manager, with or without counsel. All parties shall have the opportunity to present and cross examine witnesses who appear. The City Manager, following careful investigation, shall have board authority to approve, disapprove, modify, increase, or rescind any disciplinary actions taken or proposed. The City Manager shall render a final written decision within ten (10) working days of the close of the hearing. Section I1 Appeal of Certain Disciplinary Action to City Council. a. An employee who, after appeal to the City Manager, is terminated or is suspended without pay for five (5) working days aring omay file a written petition with the city Secretary req tin9 a he personnel action within ten (10) days after the City Manager's decision. b. The petition shall contain the employee's signature, his home address, and a statement indicating whether he wants a public or private hearing. C. If timely filed, the Council shall hold a hearing not less than six (6) days or more than 20 days from such petition. d. Notice of-the hearing date shall be given to the employee either by personal service or by certified mail, return receipt requested, through the City Secretary at least five (5) days prior to hearing date. e. All hearings shall be held at the City Hall of the City of Huntsville. f. City Council shall render a written decision within ten (10) days of the close of the hearing. See City Charter § 4.13; City of Huntsville Code § 2-2. 37 CHAPTER 12 NONDISCIPLINARY SEPARATION Section I. Resignation. An employee may leave City employment in good standing by submitting his or her resignation in the prescribed manner at least ten (10) working days in advance. Upon approval of the City Manager, any portion of the notice period may be waived. Section 2. Layoffs/Reorganizations. An employee may be laid off, transferred to another position, or demoted because of changes in duties or organization or for lack of work or funds. Whenever possible, an employee shall be transferred to a suitable position elsewhere. Whenever possible, at least two (2) weeks notice shall be given an employee prior to layoff or demotion. Layoffs or reorganizations shall be carried out on the basis of demonstrated job performance and efficiency, with the most proficient employees being retained the longest. Seniority within City service shall be used to determine the order of layoff or reorganization among employees with substantially equivalent records of job performance and efficiency, with the most senior employees being retained the longest. Temporary employees shall be laid off before regular employees performing similar duties. Layoffs, transfers, or demotions resulting from reorganizations shall not be considered disciplinary actions. See also Worker Adjustment and Retraining Act, 29 U.S.C. § 2101. Section 3. Incapacity. a. An employee may be separated for incapacity or medical reasons when the employee as an individual no longer meets the standards of fitness required for the position. A finding of incapacity shall be made through individual medical determination by competent authority as prescribed by the Human Resources Division. See also Chapter 10, § 5/Physical Fitness. b. Separation for incapacity shall not be considered disciplinary action and shall not operate to deny an employee the use of any accrued illness, injury, disability, or other benefits. C. The City will provide COBRA benefits and pay disability insurance premium for six (6) months; provided, however, that the City will discontinue such benefits if the employee is hired by another person, the employee establishes meaningful employment, or the employee receives a disability payment. See Chapter 4, § 6/Medical Examinations and Chapter 10, § 5/Physical Fitness. 38 d. After six (6) months of continuous employment, all full-time regular employees will be covered by the disability policy for both on and off the job disabilities. The long term disability benefit will be 66 2/3% of the employees basic monthly salary rate, reduced by certain other employee income and not exceeding $1,500 per month. Long term disability begins after a waiting period of 90 consecutive days. e. An individual on disability will not accrue additional holiday, vacation or personal leave benefits. Section 4. Retirement. a. Eligible employees may be separated by retirement in accordance with applicable programs. Permanent employees shall be retired from employment on the last day of the calendar year in which their 70th birthday occurs. An employee's retirement may be deferred by his or her consent and with the approval of the City Manager and the City Council provided the employee is able to pass an appropriate physical examination. Retirement deferments shall be granted on a year to year basis. An employee may retire with the same medical insurance benefits as a regular employee based on a combined 80 years of service and age provided, however, that such medical insurance benefits are not available until the employee is at least 50 years old; and provided, further, that any employee may retire at age 65 or older with ten years of continuous service. See also 42 U.S.C. § 300 bb-1. b. The City provides additional retirement benefits through the Texas Municipal Retirement System. All regular employees working 1,000 hours or more per year are eligible to enroll. Each employee is required to deposit 6% of their salary to the retirement fund. The City makes a contribution equal to 9% of the employee's salary; however, the employee vests to the City money only after ten (10) years service. Additional information regarding T.M.R.S. is available through the Human Resources Division. Eligible employees may retire with 25 years of service at any age or at age 55 with at least ten years of service. C. The City does not participate in social security (the Federal Insurance Contribution Act). Employees hired by the City after April 1, 1986, however, are required to participate in medicare; and employees not eligible'to participate in the Texas Municipal Retirement System shall elect to contribute 7.5Y or more of their compensation to the City's Section 457 deferred compensation program. See also Tex. Gov't Code title 8 (Texas Municipal Retirement System). 39 CHAPTER 13 REINSTATEMENT Section 1. Following Layoff. A person who was laid off, including a former temporary employee separated upon completion of duties, may be routinely recalled to work at any time provided the person remains qualified to perform the duties of the position. Section 2 Following Separation for Incapacity. A person who was separated for incapacity may be reinstated in his or her former type of position, if available, within one (1) year following separation, provided the reason for the incapacity has been removed to the satisfaction of the City, the person remains otherwise qualified to perform the duties of the position, and rehire would be in the interest of the City. Section 3. Veterans. Employees who left City employment in good standing to enter duty with the armed forces of the United States shall be eligible for reinstatement in accordance with applicable state and federal laws. 40 CHAPTER 14 GRIEVANCE PROCEDURES Section 1. Notice to Supervisor. Employees shall be encouraged to informally take any job-related complaints or problems to their immediate supervisors. Following information discussions an employee remaining dissatisfied with a working condition, or some other aspect of employment not subject to the disciplinary appeal procedure (Chapter 11), may submit a written grievance to his or her immediate supervisor within 15 calendar days after the cause of the grievance arises or becomes known to the employee. Section 2. Response by Supervisor. It shall be the responsibility of the.immediate supervisor to study the grievance and attempt to resolve it within ten (10) calendar days. Further discussion with the grievant shall be encouraged. If the grievance cannot satisfactorily be resolved within ten (10) calendar days, the immediate supervisor shall refer it with comments and/or recommendations to the next higher level of supervision. The Department Director will be the last person in the department to-whom an unresolved issue will be taken. Section 3. Appeal to City Manager. If the matter is still unresolved, the City Manager shall make further investigation as he may deem necessary, following which he shall render a written decision. The City Manager's decision shall be final and binding on all parties on all matters except those that Council has jurisdiction over. See City Charter § 4.13; City of Huntsville Code § 2-2. 41 CHAPTER 15 PERSONNEL FILES AND REPORTS Section 1. Personnel Files. The Human Resources Division shall maintain the official personnel files for all City employees. Unless otherwise provided by law, personnel files and information shall be confidential and may not be used or divulged for purposes unconnected with the City personnel management system except with the permission of the employees involved. Nothing herein shall prevent the dissemination of impersonal statistical information. An employee shall have a right of reasonable inspection of his or her official personnel file. The employee's file shall include, but not be limited to, application, medical reports, personnel forms, memos, and letters pertaining to the employee and evaluation reports. See also Tex. Rev. Civ. Stat. art. 6252-17a. Section 2. Status Change. Department Heads shall report changes in personnel status of their employees in accordance with procedures developed by the Human Resources Division. Section 3. Personnel Reports. The Human Resources Division shall prepare such rosters, narrative reports, statistical summaries, and other reports as are necessary or desirable to provide useful information to the management. Section 4. Final Pay; Termination Interview. Prior to receiving the final paycheck, an employee shall: a. return all tools, uniforms, and other City property issued to the employee in the course of employment; and b. visit with an employee of the Human Resources Division regarding COBRA benefits and other exit matters. See Tex. Rev. Civ. Stat. art. 5155 (public employees are not however subject to the.Texas Pay Day Law). 42 CHAPTER 16 HUNTSVILLE POLICE DEPARTMENT PROMOTIONAL POLICIES Section 1. Purpose. The purpose of this procedure is to implement a fair promotional procedure for the Huntsville Police Division. Section 2. Procedure for Promotion to Police Lieutenant. a. Minimum Requirements - Must currently be employed at the rank of Sergeant with the Huntsville Police Department; or have three (3) years of supervisory experience and an advanced certificate from the Texas Commission on Law Enforcement Officers Standards and Education. b. Examination Process - The examination process shall consist of a written test and an Assessment Center, approved by the City Manager. 1. Written Test a) The Test Administrator shall initiate the following steps for the written exam: 1) assign each applicant a confidential control number; and 2) administer the written exam to each applicant using the confidential control number. b) The written test for the position of Police Lieutenant shall consist of multiple choice, fill-in the blank, and true-false questions constructed to test general knowledge of information appropriate for successful performance at the management level in the Huntsville Police Department. 2. Assessment Center a) The Assessment Center shall be approved by the City Manager and shall be conducted by an Assessment Center Board. The Board will consist of three (3) citizens designated by the Mayor and confirmed by the City Council. One (1) member shall be appointed for a term of three (3) years, one (1) for a term of two (2) years, and one (1), and one (1) for a term of one (1) year. Thereafter, each citizen shall be appointed for a three (3) year term or until his successor is duly appointed. b) The Board shall initiate the following steps for Assessment Center: 1) constructing controlled exercises; and 2) notifying applicants of the Center agenda. 43 C) The Assessment Center shall consist of: 1) pre-established controlled exercises with specific dimensions and instructions allowing assessors to evaluate applicant's responses; and 2) final rankings shall be calculated by averaging the scores assigned by each Assessor for each individual applicant. C. Ranking Process - The Board will determine the final cumulative scores of participants by the following formula: 1. Performance in Assessment Center 60 Points 2. Performance on written test 40 Points 3. Education and experience bonus points 10 Points Variable to maximum; awarded as follows: a) Education 30 college semester hours 1 Point 60 college semester hours 2 Points 90 college semester hours 3 Points 120 college semester hours 4 Points Baccalaureate Degree 5 Points b) Experience as a sworn police officer One (1) Year .5 Points Two (2) Years 1.0 Points Three (3) Years 1.5 Points Four (4) Years 2.0 Points Five (5) Years 2.5 Points Six (6) Years 3.0 Points Seven (7) Years 3.5 Points Eight (8) Years 4.0 Points Nine (9) Years, 4.5 Points Ten Years or more (10+) 5.0 Points d. Final Selection - The Chief of Police will make the final selection from the top three (3) candidates after consultation with the Test Administrator and Assessment Center Board members. 44 PERSONNEL RULES - APPENDIX A Charter Officers - City Manager At-will Employee The City Manager is an at will employee of the Council and nothing herein shall prevent, limit or otherwise interfere with the right of the City Council to terminate the employment of the City Manager at anytime. Salary The City agrees to pay the City Manager an annual base salary. Outside Employment The City Manager shall devote full business time and best efforts to the City and remain in the exclusive employment of the City. Working Hours City Manager regular hours of work will be 8:00 a.m. to 5:00 p.m., five (5) days per week, excepting vacation and holiday time. Reasonable time off shall be permitted the City Manager, within the general guidelines approved for other exempt employees, so long as such time off does not interfere with the normal conduct of the office of City Manager and is approved by the Mayor. Other Compensation In addition to an annual salary, the City Manager shall be entitled to those benefits provided other open-salaried employees of the City such as vacation leave, holiday leave, health insurance, life insurance, retirement system contribution, sick leave, short-term and long-term disability coverage. The City Manager shall not be entitled to longevity pay, overtime pay, or license pay. Other Personnel Rules Except as otherwise specifically provided, the general provisions of the personnel policies including those provisions related to discipline and appeals are not applicable to the City Manager. Moreover, the City Manager is expected to maintain a level of conduct as high or higher than that established by the personnel policies. 45 Financial Disclosure The City Manager shall report to the Mayor and council any ownership interest in real property in the City and any financial interest in any firm doing work or proposing to do work for the City. Such reporting shall be made in writing within ten (10) days upon acquisition of the real property and immediately upon notice of work or intended work for the City. Residency The City Manager shall establish with six (6) months of employment his/her principal place of residency within the corporate limits of the City and shall maintain such residency at all times during employment by the City. PERSONNEL RULES - APPENDIX B Charter Officers - City Attorney At-will Employee The City Attorney is an at will employee of the Council and nothing herein shall prevent, limit or otherwise interfere with the right of the City Council to terminate the employment of the City Attorney at anytime. Salary The City agrees to pay the City Attorney an annual base salary. Outside Employment The City Attorney shall not engage in outside employment, including self- employment, where such employment would'constitute a conflict of interest or adversely affect the attorney's employment with the City. Working Hours City Attorney regular hours of work will be 8:00 a.m. to 5:00 p.m., five (5) days per week, excepting vacation and holiday time. Reasonable time off shall be permitted the City Attorney, within the general guidelines approved for other exempt employees, so long as such time off does not interfere with the normal conduct of the office of City Attorney and is approved by the City Manager. 46 Other Compensation In addition to an annual salary, the City Attorney shall be entitled to those benefits provided other open-salaried employees of the City such as vacation leave, holiday leave, health insurance, life insurance, retirement system contribution, sick leave, short-term and long-term disability coverage. The City Attorney shall not be entitled to longevity pay, overtime pay, or license pay. Other Personnel Rules Except as otherwise specifically provided, the general provisions of the personnel policies including those provisions related to discipline and appeals are not applicable to the City Attorney. Moreover, the City Attorney is expected to maintain a level of conduct as high or higher than that established by the personnel policies. Financial Disclosure The City Attorney shall report to the City Manager any ownership interest in real property in the City and any financial interest in any firm doing work or proposing to do work for the City. Such reporting shall be made in writing within ten (10) days upon acquisition of the real property and immediately upon notice of work or intended work for the City. Residency The City Attorney shall establish with six (6) months of employment his/her principal place of residency within the corporate limits of the City and shall maintain such residency at all times during employment by the City. PERSONNEL RULES - APPENDIX C Charter Officers - City Secretary At-will Employee The City Secretary is an at will employee of the Council and nothing herein shall prevent, limit or otherwise interfere with the right of the City Council to terminate the employment of the City Secretary at anytime. Salary The City agrees to pay the City Secretary an annual base salary. 47 Outside Employment The City Secretary shall devote full business time and best efforts to the City and remain in the exclusive employment of the City. Working Hours City Secretary regular hours of work will be 8:00 a.m. to 5:00 p.m., five (5) days per week, excepting vacation and holiday time. Reasonable time off shall be permitted the City Secretary, within the general guidelines approved for other exempt employees, so long as such time off does not interfere with the normal conduct of the office of City Secretary and is approved by the City Manager. Other Compensation In addition to an annual salary, the City Secretary shall be entitled to those benefits provided other open-salaried employees of the City such as vacation leave, holiday leave, health insurance, life insurance, retirement system contribution, sick leave, short-term and long-term disability coverage. The City Secretary shall not be entitled to longevity pay, overtime pay, or license pay. Other Personnel Rules Except as otherwise specifically provided, the general provisions of the personnel policies including those provisions related to discipline and appeals are not applicable to the City Secretary. Moreover, the City Secretary is expected to maintain a level of conduct as high or higher than that established by the personnel policies. Financial Disclosure The City Secretary shall report to the City Manager any ownership interest in real property in the City and any financial interest in any firm doing work or proposing to do work for the City. Such reporting shall be made in writing within ten (10) days upon acquisition of the real property and immediately .upon notice of work or intended work for the City. Residency The City Secretary shall establish with six (6) months of employment his/her principal place of residency within the corporate limits of the City and shall maintain such residency at all times during employment by the City. 48 AMENDMENTS DATE AMENDED RESOLUTION NUMBER 3-17-81 81-04 3-09-82 82-03 4-13-82 82-08 5-04-82 g2-13 5-18-82 11-16-82 82-17 1-11-83 83-04 6-21-83 83-08 1-29-85 85-03 7-16-85 85-15 8-06-85 85-16 9-17-85 85-18 5-06-86 86-07 7-29-86 86-10 ORDINANCE NUMBER 6-07-88 88-09 7-23-91 91-14 49 RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: Ordinance 91-16 Adopt the Updated Ed.of Codes&Inc.Fines 08-06-91 ORDINANCE NO. 91- 16 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, ADOPTING UPDATED EDITIONS OF THE STANDARD FIRE PREVENTION CODE, NATIONAL ELECTRICAL CODE, STANDARD BUILDING CODE, STANDARD MECHANICAL CODE, STANDARD PLUMBING CODE, AND STANDARD GAS CODE; INCREASING THE FINE FOR VIOLATION OF SUCH CODES FROM $200 TO $500 PER DAY FOR EACH VIOLATION; PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF. WHEREAS the City's Board of Adjustments and Appeals has reviewed the new standard construction codes and recommends that the City Council of the City of Huntsville adopt updated editions of codes currently in use; and WHEREAS after reviewing the changes in construction that will be permitted by the adoption of the updated editions, Council finds that the new codes will promote maximum flexibility in building design and construction while assuring a high degree of life safety and consumer protection; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, that: SECTION 1: Section 6-1, Codes adopted by reference, of Chapter 6, of the Code of Ordinances of the City of Huntsville, Texas, is amended to read: Section 6-1. Codes adopted by reference. (a) The book entitled "Standard Building Code, 1991 Edition" (a copy of which, authenticated by the signatures of the Mayor and City Secretary, and made a public record by this section, is on file in the City Secretary's office) is hereby adopted as the building code of the City as fully as if copied at length in this chapter, and the provisions thereof shall be controlling in the construction of all buildings and other structures within the corporate limits of the City. (b) The book entitled "Standard Housing Code, 1991 Edition" (a copy of which, authenticated by the signatures of the Mayor and City Secretary, and made a public record by this section, is on file in the City Secretary's office) is hereby adopted as the housing code of the City as fully as if copied at length in this chapter, and the provisions thereof shall establish the minimum standards for occupancy of buildings. (c) The book entitled "Standard Swimming Pool Code, 1991 Edition" (a copy of which, authenticated by the signatures of the Mayor and City Secretary, and made a public record by this section, is on file in the City Secretary's office) is hereby adopted as the swimming pool code of the City as fully as if copied at length in this chapter, and the provisions thereof shall establish the minimum standards for the design, construction or installation, repair or alterations of swimming pools. (d) The book entitled "Standard Mechanical Code, 1991 Edition" (a copy of which, authenticated by the signatures of the Mayor and City Secretary, and made a public record by this section, is on file in the City Secretary's office) is hereby adopted as the mechanical code of the City as fully as copied at length in this chapter, and the provisions thereof shall establish the minimum standards for the design, construction or installation, repair or alterations of mechanical systems. (e) The book entitled "Standard Plumbing Code, 1991 Edition" (a copy of which, authenticated by the signatures of the Mayor and City Secretary, and made a public record by this section, is on file in the City Secretary's office) is hereby adopted as the plumbing code of the City as fully as if it was copied at length in this chapter, and the provisions thereof shall establish the minimum standards for plumbing work in the City. (f) The book entitled "Standard Gas Code, 1991 Edition" (a copy of which, authenticated by the signatures of the Mayor and City Secretary, and made a public record by this section, is on file in the City Secretary's office) is adopted as the gas code of the City as fully as if it was copied at length in this chapter, and the provisions thereof shall establish the minimum standards for the design, construction, installation, repair or alteration of gas piping systems and gas appliances. SECTION 2: Section 6-2, Amendments to codes adopted by reference, is amended in part, by changing paragraph (A) as follows: Section 6-2. Amendments to codes adopted by reference. (A) STANDARD BUILDING CODE (1) Section 101.3.3.1 is hereby added as follows: Section 101.3.3.1. 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 Weights of Building Materials Appendix C - One and Two Family Dwellings Appendix D Standards for Demolition Appendix E - Energy Conservation Appendix G - Adobe Construction Appendix J - Hurricane Construction Appendix K - Recommended Guide for Sound Insulation in Multifamily dwellings (2) Section 101.4. Delete Section 101.4 Building Department. (3) Section 101.4.6 and 101.4.7. Delete Sections 101.4.6 and 101.4.7. (4) Section 101.6 is hereby amended to read: 101.6 - Special Historic Buildings. The provisions of the Standard Building Code (other than Chapter 1) relating to the alteration, repair, enlargement, restoration, relocation or moving of buildings or structures shall not be mandatory for existing buildings or structures identified and classified as Recorded Texas Historic Landmarks, National Historic Landmarks, or buildings entered into the National Register of Historic Places, or qualified as such by the building official. It is further provided, however, that: (1) Such buildings or structures are judged by the City building official to be safe; (2) The owner submits complete architectural and engineering plans and specifications bearing the seal of a registered professional engineer or architect; and (3) The owner complies with the requirements of Article II of Chapter 6 of the Code of Ordinances of the City of Huntsville, Texas. (5) Section 102.5 is amended to read: 102.5 - Unsafe Buildings. All buildings or structures which are unsafe, insanitary, or not provided with adequate egress, or which constitute a fire hazard, or are otherwise dangerous to human life, or which in relation to existing use constitute a hazard to safety or health by reason of inadequate maintenance, dilapidation, obsolescence, or abandonment, are severally in contemplation of this section, unsafe buildings. All such unsafe buildings are hereby declared illegal and shall be abated by repair and rehabilitation or by demolition, in accordance with the provisions of Chapter 6, Article III, of the Code of Ordinances of the City of Huntsville, Texas. (6) Section 103.1 is hereby amended to read: 103.1 - Application for Permit. 103.1.1. Any owner, authorized agent, or contractor who desires to construct, enlarge, alter, repair, move, demolish, or change the occupancy of a building or structure, or to erect or construct a sign of any description, or to install or alter fire extinguishing apparatus, elevators, engines, or to install a steam boiler, furnace, heater, incinerator, or other heat producing apparatus, or other appurtenances, or to alter, move or change the access to or from any public street from a driveway, including repair, removal or installation of curbs or culverts, the installation of which is regulated by this code, or to cause any such work to be done, shall first make application to the building official and obtain the required permit therefor. 103.1.2. A general permit shall carry with it the right to install in any building or structure, or part thereof, elevators, sidewalk elevators, vaults, chutes, coal holes, lifts ,cranes, derricks, steam power boilers, steam, oil, gas or vapor engines, provided the same are shown on the drawings and set forth in the specifications filed with the application for the permit; but where these are not shown on the drawings and covered by the specifications submitted with said application, special permits shall be required. 103.1.3. Ordinary minor repairs may be made with the approval of the building official without a permit; provided, that such repairs shall not violate any of the provisions of this code. 103.1.4. Each application for a permit, with the required fee, shall be filed with the building official on a form furnished for that purpose, and shall contain a general description of the proposed work and its location. The application shall be signed by the owner, or his authorized agent. The application shall indicate the proposed occupancy of all parts of the building and of that portion of the site or lot, if any, not covered by the building or structure, and shall contain such other information as may be required by the building official. 103.1.5. An application for a permit for any proposed work shall be deemed to have been abandoned six (6) months after the date of filing for the permit, unless before then a permit has been issued. One or more extensions of time for periods of not more than ninety (90) days each may be allowed by the building official for the application, provided the extension is requested in writing and justifiable cause is demonstrated. 103.1.6. Permits shall be issued only to the following: (1) Any architect or engineer licensed by the State of Texas or a contractor registered by the City; (2) Any property owner, for work to be done by him on a building occupied by him as his home. (7) Section 1.03.2 is hereby amended in part to read: 103.2.5. The building official shall require drawings showing the location of the proposed building or structure and of every existing building or structure on the site or lot to be approved by the City Engineer prior to the filing with the building official. Said drawings shall show the location of all existing easements, storm sewers, natural drains, water lines, sewer lines, location of water and sewer connections. The building official may also require a boundary line survey, prepared by a qualified surveyor. 103.2.7. 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. 103.2.8. 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 corners and proof that the building is not subject to flooding by storm water. The City Engineer may require additional engineering data, prepared by a registered professional engineer, indicating the calculated twenty-five 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 two (2) feet vertically above the calculated twenty-five year high water elevation. No permit shall be issued for buildings or improvements that propose to block the flow of water in creeks or drainage channels or may cause flooding of adjacent property. (8) Section 103.4 is amended by adding sentences that shall read: 103.4.5. No person, firm or corporation shall commence work on any project for which a building permit is required under the provisions of Section 103.1 of this code until such time as a building permit has been issued by the building official. The City of Huntsville may enjoin or restrain in a court of competent jurisdiction any construction or work, or continuing construction or work, on any project commenced prior to the issuance of such building permit. (9) Section 103.5 is amended to read: 103.5 - Contractor's Registration Required. (a) It shall be the duty of every contractor or builder who shall make contracts for the erection or construction or repair of buildings for which a permit is required, and every contractor or builder making such contracts and subletting the same, or any part thereof, to register with the City. (b) No fee is required for registration under this section. (c) No contractor's bond shall be required under the provisions of this section. (10) Section 103.7.4 is amended to read: 103.7.4 - Schedule of Permit Fees. (a) Permit fees. 1. Where the valuation does not exceed $100.00, no fee shall be required, unless an inspection is necessary, in which case there shall be a $10.00 fee for each inspection. 2. For a valuation over $101.00 up to and including $2,000.00, the fee shall be $10.00. 3. For a valuation over $2,000.00 up to and including $15,000.00, the fee shall be $10.00 for the first $2,000.00 plus $3.00 for each additional thousand or fraction thereof, to and including $15,000.00. 4. For a valuation over $15,001.00 up to and including $50,000.00, the fee shall be $49.00 for the first $15,000.00 plus $2.50 for each additional thousand or fraction thereof, to and including $50,000.00. 5. For a valuation over $50,001.00 up to and including $100,000.00, the fee shall be $136.50 for the first $50,000.00 plus $2.00 for each additional thousand or fraction thereof, to and including $100,000.00. 6. For a valuation over $100,001.00 up to and including $500,000.00, the fee shall be $236.50 for the first $100,000.00, plus $1.25 for each additional thousand or fraction thereof, to and including $500,000.00. 7. For a valuation over $501,000.00, the fee shall be $736.50 for the first $500,000.00, plus $0.75 for each additional thousand or fraction thereof, to and including $500,000.00. (b) Moving of building or structures. For the moving of any building or structure, the fee shall be one hundred dollars ($100.00). (c) Demolition of building or structures. For the demolition of any building or structure, the fee shall be ten dollars ($10.00). (d) For each inspection requested and made which requires a reinspection, a fee of thirty dollars ($30.00) shall be charged for each reinspection made. (11) Section 105.2.3 is amended by the addition of a new paragraph that shall read: 105.2.3 - Notice to Affected Property Owners The building official shall notify all affected property owners who own property within one hundred (100) feet of the site of a proposed variance, of the meeting on the variance, by sending postage prepaid a copy of the agenda and variance request. The building official shall determine the name and address of such affected persons by reference to the City tax records. (12) Section 105.4 Board Members and Procedures is amended to read: 105.4.1 - Makeup of the Board. There is hereby established a board to be called the board of appeals, which shall consist of five (5) members. Such board shall be composed of three (3) persons with technical background in building design or construction or experience in the building trades industry, and two (2) other citizens. The Mayor (chief appointing authority) shall appoint board members with the approval of the City Council. 105.4.2 - Term of Office. Each member shall be appointed to a two-year term of office; with three (3) members appointed effective January 1, odd-numbered years, and two (2) members appointed effective January 1, even-numbered years. 105.4.3 - Quorum. Three (3) members of the board shall constitute a quorum. In varying the application of any provision of this code or in modifying an order of the building official, affirmative votes of the majority present, but not less than three (3) affirmative votes, shall be required. A board member shall not act in a case in which he has a personal interest. (13) Section 106. Delete Section 106. (14) Section 107 is amended as follows: After the word misdemeanor in the first sentence of said section, a comma should be inserted and the language added "and the punishment therefor shall be as provided in the Code of Ordinances of the City of Huntsville, Texas." The remainder of said section remains unchanged. (15) Section 202 Definitions is amended to read: Applicable governing body: The City of Huntsville. (16) Section 3001.2.1 is amended to read: Section 3001.2.1. For the purpose of this code, the fire district is established as follows: Beginning at the intersection of the east line of Avenue N and the south line of 10th Street; Thence easterly along said south line of 10th Street to the west line of Avenue J; Thence southerly along said west line of Avenue J to the north line of 13th Street; Thence westerly along said north line of 13th Street to the east line of Avenue M; Thence northerly along east line of Avenue M to the point of beginning. (17) Figure 1203.6 is amended by adding: City of Huntsville 5 lbs/sq. ft. (18) Figure 1205 is amended by adding: City of Huntsville 75 m.p.h. (19) Figure 1207 is amended by adding: City of Huntsville is in Zone 1. (20) Section 1703.1.5 is amended to read: Soil or compacted fill directly below concrete slab will be treated with chlordane solution in either a distillate or water base, applied at the rate of one gallon for every ten (10 ) square feet. This includes beam bottoms as well as the area below the slab. No compliance with this section is required if the building to be constructed is not frame construction. (21) Section 2002.1 is amended to read: 2002.1 - Toilet Facilities. Every building and each subdivision thereof where both sexes are employed shall be provided with access to at least two (2) toilets located either in such building or conveniently in a building adjacent thereto on the same property; provided, however, that only one toilet is required if there are no more than five (5) employees on any shift. (22) Chapter 23. Delete Chapter XXIII, Signs and Outdoor Displays. SECTION 3: Section 6-2, Amendments to Codes adopted by reference, is amended in part by changing sub paragraph (E)(1) as follows: (E) MECHANICAL CODE. (1) Section 101.3.3.1. Add Section 101.3.3.1 which shall read: 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 - Guidelines for Estimating Heat Loss and Gain; and Appendix B - Schedule of Permit Fees. SECTION 4: Section 6-2, Amendments to Codes adopted by reference, is amended in part by changing subparagraph (F)(1), (4), (11), (12), and (13) as follows: (F) STANDARD PLUMBING CODE. (1) Section 101.3.3 is amended to read: The appendices included in the Code 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 - Roof Drain Sizing Method Appendix B - Travel Trailer and Travel Trailer Parks Appendix C Manufactured Homes and Manufactured Home Parks Appendix D - Cross Connection, Backflow and Backsiphonage Appendix F - Sizing of Water Piping System Appendix G - Hospital Plumbing System Appendix J Water Conservation Appendix K - Illustrations (4) Section 102.5 is amended to read: 102.5 - Unsafe Installations. All plumbing installation regardless of type, which ar unsafe or which constitute a hazard to human life, health or welfare are hereby declared illegal and shall be abated by repair and rehabilitation or by demolition in accordance with the provisions of Chapter 6, Article III, of the Code of Ordinances of the City of Huntsville. (11) Section 101.4 is deleted. (12) Section 103.5 is amended to read: 103.5 - Contractor License. All persons who engage in or work at the actual installation, alteration, repair and renovating of plumbing shall possess either a master or journeyman plumber's license in accordance with the provisions of the state plumbing license law. (a) Definitions: The word or term "plumbing" as used in "the plumbing license law" means and shall include: (1) All piping, fixtures, appurtenances and appliances for supply or recirculation of water, gas, liquids, and drainage or elimination of sewage, including disposal systems or any combination thereof, for all personal or domestic purposes in and about buildings where a person or persons live, work or assemble; all piping, fixtures, appurtenances and appliances outside a building connecting the building with the source of water, gas, or other liquid supply, or combinations thereof, on the premises, or the main in the street, alley or at the curb: all piping, fixtures, appurtenances, appliances, drain or waste pipes carrying waste water or sewage from or within a building to the sewer service lateral at the curb or in the street or alley or other disposal or septic terminal holding private or domestic sewage; (2) The installation, repair, service, and maintenance of all piping, fixtures, appurtenances and appliances in and about buildings where a person or persons live, work or assemble, for a supply of gas, water, liquids, or any combination thereof, or disposal of waste water or sewage. (b) Exemptions: The following acts, work and conduct shall be expressly permitted without license: (1) Home owner: Plumbing work done by a property owner in a building owned and occupied by him as his homestead. (2) Plumbing work done by anyone who is regularly employed as or acting as a maintenance man or maintenance engineer, incidental to and in connection with the business in which he is employed or engaged, and who does not engage in the occupation of a plumber for the general public; construction, installation and maintenance work done upon the premises or equipment of a railroad by an employee thereof who does not engage in the occupation of a plumber for the general public; and plumbing work done by persons engaged by any public service company in the laying, maintenance and operation if its service mains or lines to the point of measurement and the installation, alteration, adjustment, repair, removal, and renovation of all types of appurtenances, equipment and appliances, including doing all that is necessary to render the appliances usable or serviceable; appliance installation and service work done by anyone who is an appliance dealer or is employed by an appliance dealer, and acting as an appliance installation man or appliance service man in connecting appliances to existing piping installations; water treatment installations, exchanges, services, or repairs. Provided, however, that all work and service herein named or referred to shall be subject to inspection and approval in accordance with the terms of all local valid city or municipal ordinances. (3) Plumbing work done by a licensed irrigator or licensed irrigator or licensed installer when working and licensed under the Licensed Irrigators Act, Article 8751, V.T.C.S., as amended. (4) Plumbing work done by an LP gas installer when working and licensed under Chapter 113, Natural Resources Code, as amended. (5) Any water treatment dealer or his employee when certified in accordance with section 3A of the "plumbing license law". (13) Section 103.7.4 is deleted. SECTION 5: Section 6-2, Amendments to Codes adopted by reference, is amended in part by changing subparagraphs (G)(1), (4), (9), (10), and (11) as follows: (G) GAS CODE. (1) Section 101.3.3 is amended to read: The appendices included in this code 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 - Flow of Gas through Fixed Orifices Appendix D - Example Problems (4) Section 102.5 is amended to read: 102.5 - Unsafe Gas System All gas systems, regardless of type, which are unsafe or which constitute a hazard to human life, health or welfare are hereby declared illegal and shall be abated by repair and rehabilitation or by demolition in accordance with the provisions of Chapter 6, Article III of the Code of Ordinances of the City of Huntsville. (9) Section 101.4 is deleted. . (10) Section 103.5 is amended to read: 103.5 - Contractor License. All persons who engage in or work at the actual installation, alteration, repair and renovating of plumbing shall possess either a master or journeyman plumber's license in accordance with the provisions of the state plumbing license law. (a) Definitions. The word or term "plumbing" as used in the plumbing license law means and shall include: (1) All piping, fixtures, appurtenances and appliances for supply or recirculation of water, gas, liquids and drainage or elimination of sewage, including disposal systems or any combination thereof, for all personal or domestic purposes in and about buildings where a person or persons live, work or assemble; all piping, fixtures, appurtenances and appliances outside a building connecting the building with the source of water, gas, or other liquid supply, or combinations thereof, on the premises, or the main in the street, alley or at the curb; all piping, fixtures, appurtenances, appliances, drain or waste pipes carrying waste water or sewage from or within a building to the sewer service lateral at the curb or in the street or alley or other disposal or septic terminal holding private or domestic sewage; (2) The installation, repair, service, and maintenance of all piping, fixtures, appurtenances and appliances in and about buildings where a person or persons live, work or assemble, for a supply of gas, water, liquids, or any combination thereof, or disposal of waste water or sewage. (b) Exemptions: The following acts, work and conduct shall be expressly permitted without license: (1) Plumbing work done by a property owner in a building owned and occupied by him as his homestead. (2) Plumbing work done by anyone who is regularly employed as or acting as a maintenance man or maintenance engineer, incidental to and in connection with the business in which he is employed or engaged, and who does not engage in the occupation of a plumber for the general public; construction, installation and maintenance work done upon the premises or equipment of a railroad by an employee thereof who does not engage in the occupation of a plumber for the general public; and plumbing work done by persons engaged by any public service company in the laying, maintenance and operation of its service mains or lines to the point of measurement and the installation, alteration, adjustment, repair, removal and renovation of all types of appurtenances, equipment and appliances, including doing all that is necessary to render the appliances usable or serviceable; appliance installation and service work done by anyone who is an appliance dealer or is employed by an appliance dealer, and acting as an appliance installation man or appliance service man in connection with appliances to existing piping installations; water treatment installation, exchanges, services, or repairs. Provided, however, that all work and service herein named or referred to shall be subject to inspection and approval in accordance with the terms of all local valid city or municipal ordinances. (3) Plumbing work done by a licensed irrigator or licensed installer when working and licensed under the Licensed Irrigators Act, Article 8751, V.T.C.S., as amended. (4) Plumbing work done by an LP Gas installer when working and licensed under Chapter 113, Natural Resources Code, as amended. (5) Any water treatment dealer or his employee when certified in accordance with Section 3A of the "Plumbing License Law". (11) Section 103.7.4 is deleted. SECTION 6: Sub-section 7-6(a) of the Code of Ordinances of the City of Huntsville, Texas, is amended to read: Section 7-6. Installation standards. (a) In every case where no specific type or class of material, or no specific standard of construction is prescribed by the statutes of the State of Texas, installation shall be made in conformity to the standards provided by the National Electrical Code, 1990 Edition (a copy of which is authenticated by the signatures of the Mayor and the City Secretary, and made a public record by this section, is on file in the City Secretary's office). SECTION 7: Section 8-1, Fire Prevention Code - Adopted, of the Code of Ordinances of the City of Huntsville, Texas, is amended as follows: The book entitled, "Standard Fire Prevention Code, 1991 Edition" (a copy of which, authenticated by the signatures of the Mayor and the City Secretary, and made a public record by this section, is on file in the City Secretary's office) is hereby adopted as the fire prevention code of the City as fully as if copied at length in this chapter, and the provisions thereof shall be controlling in the storage, use or handling of hazardous materials, substances or devices, and in the repair, equipment, use, occupancy, and maintenance of every existing building or structure within the City. (Ord. of 10-3-61, § 1; Ord. No. 76-2, § 1, 1-13-76; Ord. No. 86-21, § 1, 7-15-86) SECTION 8: Any person, firm, or corporation violating any provisions of this Ordinance or failing to comply with any requirement of this Ordinance will be guilty of a misdemeanor and subject to a fine of up to One thousand dollars ($1,000.00) upon conviction. Each day during or upon which said person shall violate or continue violation of any provision of this Ordinance or non-compliance with any requirement of this Ordinance shall constitute a distinct and separate offense. The violation of any provision of this Ordinance or the failure to comply with any requirement of this Ordinance shall each constitute a distinct and separate offense. SECTION 9: If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held invalid or unconstitutional, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect any of the remaining provisions of this Ordinance. SECTION 10: All Ordinances and parts of Ordinances in conflict with the provisions of this Ordinance are hereby repealed; provided, however, that such repeal shall be only to the extent of such inconsistency and in all other respects this Ordinance shall be cumulative of other Ordinances regulating and governing the subject matter covered by this Ordinance. SECTION 11: The City Secretary is hereby directed to cause the caption of this Ordinance to be published at least twice within ten days of final passage. This Ordinance shall take effect ten days after the date of final passage. PASSED AND APPROVED this 7 day of August, 1991. THE CITY OF HUNTSVILLE W. H. Hodges, Mayor ATTEST: th a faw, ity Secretary APPROV AS TO FORM: _Z Scott ds, City Attorney RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: Ordinance 91-17 Adopt Property Tax Exemption(Freeport) 07-30-91 ORDINANCE NO. 91--17 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, ADOPTING THE PROPERTY TAX EXEMPTION (FREEPORT EXEMPTION) UNDER ARTICLE VIII, SECTION 1-J, OF THE TEXAS CONSTITUTION BEGINNING WITH THE 1992 TAX YEAR; AND MAKING OTHER PROVISIONS AND FINDINGS RELATED THERETO. WHEREAS the seventy-first Texas Legislature enacted a proposed constitutional amendment that was submitted to the voters and approved on November 7, 1989, for the purpose of exempting certain tangible personal property from ad valorem taxation; and WHEREAS the voters of Walker County approved that measure; and WHEREAS On December 5, 1989, the City Council of the City of Huntsville, Texas, delayed implementation of that exemption as provided by the Texas Constitution by adopting Ordinance No. 89-40; and WHEREAS the City Council of the City of Huntsville now desires to implement the Constitutional Amendment; NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF HUNTSVILLE, TEXAS, THAT: SECTION 1: The City of Huntsville rescinds its action to tax the property otherwise exempt under Article 8, Section 1-j of the Texas Constitution (Texas Tax Code § 11.251). SECTION 2: This exemption shall apply to each tax year that begins after this date (January 1, 1992), but shall not apply to the tax year in which this action is taken. SECTION 3: The City Secretary shall forward a copy of this ordinance to the Walker County Chief Tax Appraiser. SECTION 4: This ordinance shall take effect immediately upon its adoption. EXECUTED THIS 30th DAY OF July 1991. CITY OF HUNTSVILLE W. H. Hodges, 4ayo ATTEST: ,ty Se a ary APPROVED: lj2 Scott Bounds, City Attorney RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: Ordinance 91-18 Designate Property As Reinvestment Zone#1 08-20-91 ORDINANCE NO. 91-18 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, DESIGNATING CERTAIN PROPERTY AS REINVESTMENT ZONE NO. 1, HUNTSVILLE,TEXAS. WHEREAS the City of Huntsville has established guidelines governing tax abatement agreements which provide for the availability of tax abatement for both new facilities and structures;and WHEREAS the proposed area to be designated as a reinvestment zone lies within the taxing jurisdiction of the City; and WHEREAS the City Council of the City of Huntsville,Texas has held a public hearing on the designation of the area as a reinvestment zone;and WHEREAS the City Council has found that the designation would be a benefit to the property to be included in the zone;and WHEREAS the City Council has found that development anticipated to occur within the proposed zone would contribute to the retention or expansion of primary employment or would attract major investment in the Zone that would contribute to the economic development of the City; and WHEREAS at the public hearing on the designation all interested persons were permitted to speak and present evidence for or against the designation; and WHEREAS notice of the hearing was given to all taxing jurisdictions and the public as required by Chapter 312,Texas Tax Code; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS,THAT: SECTION 1:The property described in Exhibit "A" and attached hereto is hereby designated by ordinance of the City Council as a reinvestment zone, to be known as Reinvestment Zone No.1 of Huntsville,Texas. SECTION 2:No property in the reinvestment zone under this order is owned or leased by a member of the City Council. Page 1 of 2 SECTION 3:The designation of the reinvestment zone made herein shall expire five years after the effective date of this ordinance of this Council unless otherwise renewed or extended by written order of this Council. SECTION 4:This ordinance shall take effect immediately from and after its adoption. ADOPTED AND APPROVED this 207;4 day of 1991. THE CITY OF HHUNTSVILLE,TEXAS By: z Y /Z� )AT Hodges,Mayor ATTEST: SECRETARY Y�uth � DeShaw APPROVED: CITY ATTORNEY By: Q Scott 13ounds Page 2 of 2 J c._ NOTICE OF PUBLIC HEARING ON DESIGNATION OF REINVESTMENT ZONE NO. 1 CITY OF HUNTSVILLE, TEXAS The City Council of the City of Huntsville, Texas, will conduct a Public Hearing at 7:00 p.m., on Tuesday, August 1991, at the Council Chambers at City Hall, 1212 Avenue M, Huntsville, Texas 77340, to consider whether or not to designate the following real property as a reinvestment zone eligible for commercial - industrial tax abatement: Proposed Reinvestment Zone No. 1 City of Huntsville, Texas Being 33.5796 acres of land out of a called 80.00 acre tract, more or less, situated on the W. Parker Survey, Abstract 377 Walker County, Texas, as recorded on Walker County Clerk's file no. 08508, dated 10-20-83, Walker County, Texas, said tract being more particularly described by metes and bounds as follows: Commencing at a 3/4" iron pipe bent found at the southwest corner of the Billy G. Miller 2.00 acre tract, as recorded in Volume 314, Page 266, Walker County Deed Records, said point also falling on the north right-of-way line of Farm-to- Market Road No. 2821; Thence, N 00" 22' 16" E, a distance of 316.82 feet to the Point of Beginning, from which a found 5/8" iron rod bears S 19' 27' 19" E, a distance of 0.33 feet, said point also being the southwest corner of the aforesaid 80.00 acre tract; Thence, N 00' 22' 16" E, along the east line of the said Joe Ferro 50.60 acre tract, as recorded in Volume 210, Page 710, Walker County Deed Records, a distance of 1,739.34 feet to a 5/8" iron rod found for point for corner, said point being the northeast corner of the aforesaid Joe Ferro 50.60 acre tract and falling on the south line of the Frank Robinson 122 acre tract; Thence, S 88' 43' 28" E, along the south line of the aforesaid Frank Robinson 122 acre tract, passing to the west line of an access easement across the said 199.73 acre tract conveyed to Frank Robinson, as recorded in Volume 314, Page 2647 Walker County Deed Records, at 316.30 feet, passing the east line of the aforesaid access easement at 377.21 feet, continuing for a total distance of 536.68 feet to a 1-inch iron pipe found for point for corner from which a fence corner and power pole bear south 1.61 feet; Thence, N 00" 16' 54" W, along the east line of the aforesaid Frank Robinson 122 acre tract, a distance of 200.00 feet to a 5/8" iron rod set for a point for corner; Thence, N 89' 57' 06" E, a distance of 270.00 feet to a 5/8" iron rod set for the northeast corner of the herein described tract; Thence, S 00' 02' 54" E, a distance of 1,717.23 feet to a 5/8" iron rod set for a point of curvature of a curve to the left having a radius of 389.73 feet; Thence, following the arc of said cure, subtending a central angle of 23' 12' 00", a total arc distance of 157.81 feet to a 5/8" iron rod set for the point of tangency of said curve; Thence, S 23' 14' 54" E, a distance of 58.55 feet to a 5/8" iron rod set for the southeast corner of the herein described tract; - Thence, S 89" 48' 00" W, passing the northeast corner of the M. Martinez 2.00 acre tract, as recorded in Volume 315, Page 767, Walker County Deed Records, from which a found 1/2" iron rod bears S 12' 42' 58" W, a distance of 0.94 feet continuing along the north line of aforesaid M. Martinez 2.00 acre tract and the Billy G. Miller 2.00 acre tract for a total distance.of 873.03 feet to the Point of Beginning of the herein described tract and continuing as aforesaid 33.5796 acres of land. All interested persons are invited to attend and shall be entitled to speak and present evidence for or against the designation, and on whether or not the improvements sought for the real property are feasible, practical, and would be a benefit to the land to be included in the zone. eShaw C—�City Secretary Directions: Publish more than seven days prior to hearing; (place publishers affidavit in file) f i I /D i RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: Ordinance 91-19 Adopt Tax Abate.Agmt.With Eds West,Inc. 08-20-91 ORDINANCE NO. 91-19 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS ADOPTING A TAX ABATEMENT AGREEMENT WITH EDS WEST, INC. WHEREAS Eds West, Inc. has made an application for tax abatement; and WHEREAS the property of Eds West, Inc., that would be subject to the tax abatement will be located in an area designated as Huntsville Reinvestment Zone Number 1; and WHEREAS the City of Huntsville desires to enter into a Tax Abatement agreement with Eds West, Inc., to promote economic development within the City; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, THAT: SECTION 1: The Tax Abatement agreement attached hereto as Exhibit "A" is approved and adopted. The Mayor and City Secretary are authorized and directed to execute the agreement. SECTION 2: This ordinance shall take effect immediately from and after its adoption. ADOPTED AND APPROVED this 20 T day of 1991. THE CITY OF HUNTSVILLE, TEXAS By: 4 W. H. Hodges, Mayor ATTEST: CITY SE9R�TARY Ruth nAhaw APPROVED: CITY AT?�RNEY By; `5-cotl Bounds RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: Ordinance 91-20 Approving and Adopting Annual Budget 09-03-91 ORDINANCE NO.91-20 AN ORDINANCE FINDING THAT ALL THINGS REQUISITE AND NECESSARY HAVE BEEN DONE IN PREPARATION AND PRESENTMENT OF AN ANNUAL BUDGET; APPROVING AND ADOPTING THE OPERATING AND CAPITAL IMPROVEMENTS BUDGET FOR THE CITY OF HUNTSVILLE,TEXAS,FOR THE PERIOD OCTOBER 1,1991 THROUGH SEPTEMBER 30, 1992; AND PROVIDING FOR AN EFFECTIVE DATE HEREOF. WHEREAS the Charter of the City of Huntsville,Texas,and the statutes of the State of Texas require that an annual budget be prepared and presented to the City Council of the City of Huntsville,Texas, prior to the beginning of the fiscal year of such City, and that a public hearing be held prior to the adoption of such budget; and WHEREAS the budget for the year October 1,1991,through September 30,1992,has been presented to the City Council,a public hearing has been held with all notice as required by law, and all comments and objections have been considered; and WHEREAS a copy of the proposed budget has been filed with the City Secretary and available for public inspection at least fifteen days prior to the budget hearing and tax levy for the fiscal year 1990-1991; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE,TEXAS,that: SECTION 1: The budget for the City of Huntsville,Texas, now before the City Council for consideration, is adopted as the budget for the City for the period of October 1, 1991,through September 30, 1992. SECTION 2: The appropriation for the ensuing fiscal year for the operations budget shall be fixed and determined as follows: I. General Fund $ 7,060,355 H. General Debt Service Fund 898,672 III. Water and Sewer Fund 6,034,337 IV. Sanitation Fund 1,860,828 V. Engineering Fund 596,367 Total Operating Funds $16,450,559 SECTION 3: The appropriation for the ensuing fiscal year for the capital improvement budget shall be fixed and determined as follows: I. Street Improvements $ 1,126,202 IL Water&Sewer Projects 2,802,530 III. Drainage Improvement Projects 147,121 IV. Downtown Project 238,510 V. Transfer to Debt Service 173,094 Total Capital Improvements $ 4,487,457 SECTION 4: The City Secretary is directed to maintain a copy of the adopted budget,to file a copy thereof with the City Library and the County Clerk, and to publish a notice indicating the availability of the budget. SECTION 5: This ordinance shall take effect immediately after its passage. PASSED AND APPROVED on this the 3rd day of September, 1991. THE CITY OF HUNTSVILLE,TEXAS B �� . H. Hodges, Mayor ATTEST: (I;thDeSha APP VED TO 7 Scott Bo nds, City Attorney RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: Ordinance 91-21 Adopting Tax Rate&Levying Taxes For City 09-03-91 ORDINANCE NO.91-21 AN ORDINANCE ADOPTING THE TAX RATE AND LEVYING TAXES FOR THE CITY OF HUNTSVILLE FOR THE ENSUING FISCAL YEAR UPON ALL TAXABLE PROPERTY LOCATED WITHIN AND SUBJECT TO TAXATION IN THE CITY;AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE,TEXAS,that: SECTION 1: There is levied and assessed and shall be collected for the fiscal year ending September 30, 1992, an ad valorem tax of NO AND 38.44/100 ($0.3844) DOLLARS for each ONE HUNDRED ($100.00) DOLLARS of assessed value of property located within the city limits of Huntsville,Texas, on January 1, 1991,made taxable by law,which when collected,shall be apportioned among funds and departments of the city government of the City of Huntsville for these purposes: General Fund Operations $0.20523 Debt Service for Payment of Bonded Indebtedness 0.17917 $0.3844 SECTION 2: All property upon which a tax is levied shall be assessed on the basis of 100 percent of its appraised value. Property Tax Code §26.02. SECTION 3: This ordinance shall take effect from and after its passage by City Council. PASSED AND APPROVED this 3rd day of September 1991. THE CITY OF HUNTSVILLE,TEXAS n W. H. Hodges, Mayor ATTEST: n p [it Dpi eShaw, City Secretary AtED=: Mott Bounds, City Attorney RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: Ordinance 91-22 Increasing Rate For Sewer Service 09-03-91 ORDINANCE NO. 91-22 AN ORDINANCE AMENDING CHAPTER 17, WATER AND SEWERS, OF THE CODE OF ORDINANCES OF THE CITY OF HUNTSVILLE, TEXAS, INCREASING THE RATES FOR SEWER SERVICE PROVIDED BY THE CITY; AND MAKING OTHER PROVISIONS AND FINDINGS RELATED THERETO. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, that: SECTION 1: Chapter 17, Water and Sewers of the Code of Ordinances of the City of Huntsville, Texas, is amended by changing Section 17-9. Monthly charges for Water, as follows: Section 17-9. Monthly charges for water. a. Commercial Rate Schedule. Except 'as hereafter provided, each commercial user of water, including churches, financial establishments, hospitals, hotels, laundries, machine shops, motels, nursing homes, offices, restaurants, service stations, skating rinks, taverns, theaters and warehouses, supplied with water service by the City shall be charged a monthly water service charge based .upon the amount of water consumed by the user and applied to the following rate schedule: Gallons of Water Amount or Rate Used per Month Charged first 3,000 minimum monthly charge...........$10.65 all over 3,000, per 1,000....................$ 1.80 b. Residential rate schedule Except as hereafter provided, each residential user, including apartments, duplexes, mobile home parks, and single family residents, supplied with water service by the City shall be charged a monthly water service charge based upon the amount of water consumed by the user and applied to the following rate schedule: Gallons of Water Amount or Rate Used per Month Charged first 3,000 minimum monthly charge ........... $10.65 all over 3,000, per 1,000 .................... $ 1.80 (1) Individually metered residential units. Each residential dwelling unit individually metered and billed for consumption of water shall be charged for and owe each month a water service charge based upon the amount of water consumed, as determined by the meter reading, applied to the above rate schedule. (2) Jointly metered residential units. (a) Each multi-family dwelling unit project shall be charged for and owe each month a water service charge as follows: A minimum bill equal to total number of units multiplied by the minimum monthly charge, plus consumption charge based upon the amount of water consumed in excess of three thousand (3,000) gallons, times the number of residential dwelling units, as determined by the meter reading, applied to the above rate schedule. (b) Residential Dwelling Unit shall mean one or more buildings, parts of a building, manufactured homes, mobile homes, or manufactured or mobile home site within a mobile home park, which building, part of a building, manufactured home, or mobile home includes or would normally be designated to include a bathroom, principal kitchen facilities and living quarters; provided, however, that every designated manufactured housing or mobile home site, or trailer site with water and sewer connections within a mobile home park shall be considered a residential dwelling unit. C. Vacancy means the unit is unoccupied and the owner receives no rent, lease payment or occupancy fee for the unit. d. A jointly metered residential dwelling unit customer shall be entitled to apply for a deduction for vacancies, or credit for future water service with City for prior water service payments under the following conditions: (1) one or more of the residential dwelling units used for the basis of calculation of the minimum bill was vacant for 25 days or more of the previous calendar month; (2) a statement is presented to the City, on a form approved by the City, listing the specific vacant apartments or mobile home sites and stating the period of vacancy, signed under the penalty of law by the customer; (3) the records of the customer, including lease agreement and rental receipts, are available for examination by City staff for purposes of verifying the vacancies; (4) the customer's water bill is paid and proper deposits exist for water service; (5) the statement is delivered with written receipt acknowledged, either in person or by certified mail, to the City Utility Billing Department before the 5th day of the month following the vacancy, unless the 5th is a Saturday, Sunday or legal holiday, in which event the affidavit must be received by the City by the next day which is neither a Saturday, Sunday, nor a legal holiday; and (6) provided further, that a customer with no more than two jointly metered residential units may file in advance a quarterly notice of vacancy. e. Institutional users. Institutional users, or persons who use five (5) per cent or more of the total water sold by the city, shall be charged a monthly water service charge based upon the amount of water consumption attributed to the user, as determined herein, and applied to the following rate: Gallons of Water Amount or Rate Used per Month Charged Each 1,000 .............................. $2.70 Section 17-10. Billing of utility services; penalties for late payments. a. For convenience of collection, water service, sewer service, and refuse and garbage collection service charges shall be billed together in a utility service bill prepared by the City. b. Each utility service bill shall have a precalculated and stated due date that shall be approximately fifteen (15) to twenty-five (25) days from the date the bills are to be mailed. C. If a utility bill is not paid by the due date, the customer shall be charged a penalty in the amount of ten (10) percent of the amount of the utility service charges, which shall be shown as the gross amount on such bill. If the bill is not paid by the next billing date, such gross amount will be shown as a previous balance on the customer's bill for the next month. If the total amount of the following month's bill, including the previous balance and current utility service charges, is not paid by the due date specified for such bill, then ten (10) percent of said following month's utility service charges shall be added as a penalty and the total two (2) month's charges will be in the arrears. Section 17-11. Discontinuance of service for failure or refusal to pay utility service bill. a. Failure or refusal to pay any utility service bill by any customer of the City upon demand shall constitute a breach of contract, and the City shall have the right to discontinue such services. b. (1) If any residential customer fails to pay a utility service bill by the due date on such bill, the City may include with the next bill a cut-off notice. The notice should state the date by which the bill must be paid to avoid discontinuing utility service. If any residential customer fails to pay a utility service bill showing a previous balance by the due date on such bill, the City shall discontinue utility service to the customer until all past due charges have been paid, together with a twenty-five dollar ($25.00) reconnection fee. (2) If any commercial customer fails to pay any utility service bill by the due date of such bill, the City shall send a notice advising that the bill must be paid within ten (10) days to avoid discontinuing utility service. If any commercial customer fails to pay a utility service bill within ten (10) days of the due date of such bill, the City shall discontinue utility service to the customer until all past due charges have been paid, together with a twenty-five dollar ($25.00) reconnection charge. Sec. 17-12. Connection charges; deposits to secure payment of utility service bills. a. A fifteen dollar ($15.00) connection fee shall be made for any new service application or changes in existing service applications. b. The utility office supervisor shall require any applicant for water, sewer or sanitation service to post a deposit to secure payment of utility service charges, as follows: (1) Any firm, corporation or commercial account applying for water service shall deposit with the City of Huntsville, as security for the payment of future charges, a sum equal to two (2) times the average estimated monthly utility service charge for the premises for which utility services are requested. Past accounts from previous customers at the same location, or accounts of a comparable usage factor, may be used in arriving at the estimated monthly charge for determining the amount of deposit. (2) Any person applying for residential water, sewer and garbage service shall place with the City a sum of sixty dollars ($60.00) for a utility deposit; provided, however, that persons who do not receive all three (3) services shall be required to post only a deposit with the City in the amount of twenty dollars ($20.00) for each service received. (3) Upon the sale or transfer of property, or change in customer or occupancy of any premises served by City water service, no water, sewer or sanitation service shall be furnished to the new owner, customer or occupant of such premises unless and until such deposit as required by this section is paid. Any person, firm or corporation who fails to notify the City of Huntsville of a change in ownership, title or occupancy of premises resulting in a different person or entity having responsibility for the payment of utility service charges, shall be subject to immediate discontinuance of utility service, unless and until the previous customer's account is finalized and the deposit called for herein is made. (4) A utility deposit shall not be required for the interim period (three (3) months maximum) that a rental house is being prepared for occupancy, provided that the owner has current residential service. (5) A blanket deposit, equal to the cumulative average monthly utility service charge, shall be required for a residential customer with multiple accounts. Any multiple dwelling unit with more than five (5) units shall require a separate commercial deposit. (6) Any customer that is put on the "cut-off" list (a residential customer that has not paid the two (2) months prior bills and is about to receive a third month's billing or a commercial customer that has not paid their bill by the due date) more than twice in one year shall be required to increase their deposit to the average amount due at "cut-off" date. A notice of the increase will be sent to the customer which must be paid by the customer if they appear on the cut-off list a third time. Failure to pay the increased deposit would result in discontinuance of service. C. No person shall attempt to avoid any payment under this chapter by changing names on an account. The City may transfer a delinquent payment from one customer to another account of that customer. Utility service cannot be discontinued for delinquency in payment for utility service by a previous occupant. d. Every applicant who previously has been a City utility customer and whose service was discontinued for nonpayment of bills or has terminated service without paying a bill shall be required to pay all amounts due. e. Utility deposits will be refunded upon termination of service, provided that the customer has fully satisfied all charges due the City. Residential customer deposits shall be refunded at the end of three years with a good payment record. Good payment record means that the customer has not paid a bill more than twice past the penalty date in the last twelve (12) months. f. Security for payment of utility service charges may be made by cash deposit with the City. I g. A residential customer with a currently active account may guarantee payment on one additional single unit residential customer. Any unpaid balances will be transferred to the account of the guaranteeing customer. The customer guaranteeing the account must have a twenty-four (24) month history with the City and may not have been delinquent more than twice in any twelve (12) month period. Sec. 17-13. Same - To accrue until notice to discontinue service is given. a. All rates and charges for water service shall accrue and be charged against the customer until written notice is given to discontinue the service. b. In addition to the written notification required in subsection (a), all customers' liability for charges accrued on accounts shall continue to accrue until the security deposit for a new account has been made in the City water department and previous charges paid. Where service at a location has been discontinued for thirty (30) days or more, new customers may obtain service by the posting of the required deposit, as the case may be. Sec. 17-14. Wasting water. It shall be unlawful for any person to willfully or negligently waste the water of the waterworks system of the City, and any person having knowledge of any instance where water is being wasted shall immediately notify the manager of utilities and it shall be the duty of such manager when any customer is found willfully or negligently wasting water, even though the water is being passed through a meter and being charged, to notify such customer of such waste of water and ask him to correct he same, or take such steps as shall be necessary to stop such waste, and, upon failure of the customer to stop such waste, the water may be discontinued to such customer until the waste of water has been stopped. Sec. 17-15. Charge for returned checks. The manager of utilities, or any other appropriate City employee shall charge any utility customer of the City of Huntsville a fifteen dollar ($15.00) charge for checks returned by the customer's bank advising the City there are not sufficient funds in the customer's checking account with the bank to pay the water charge for the customer. This fifteen dollar ($15.00) charge shall be added to the total outstanding account of the customer and upon refusal or failure to pay this charge, section 17-11 hereof shall apply as to said charge. The City shall refuse to accept checks if more than two insufficient checks have been received from the customer within the last twenty-four (24) months. Sec. 17-16. Replacement of water meter, lock or head; charges therefor. a. The utility office supervisor shall charge a water customer fifty dollars ($50.00) for replacement of a water meter lock broken by abuse, cutting, or other misuse not by City. b. The utility office supervisor shall charge a water customer twenty- five dollars ($25.00) per occurrence for either removing or replacing a water meter due to discontinuance of water service for nonpayment of bill or for replacing a water meter head not removed by the City. Secs. 17-17 - 17-20. Reserved. SECTION 2: Chapter 17, Water and Sewers, of the Code of Ordinances of the City of Huntsville, Texas, is amended by changing Section 17-21. Monthly charges for Sewer, as follows: Section 17-21. Monthly charges for sewer. a. Commercial rate schedule. Except as hereafter provided, each commercial use of sewer including churches, financial establishments, hospitals, hotels, laundries, machine shops, motels, nursing homes, offices, restaurants, service stations, skating rinks, taverns, theaters and warehouses, supplied with sewer service by the City shall be charged a monthly sewer service charge based upon the amount of water consumed by the user and applied to the following rate schedule: Gallons of Water Amount or Rate Used per Month Charged first 3,000 minimum monthly charge...........$8.15 all over 3,000, per 1,000....................$1.60 b. Residential rate schedule. Except as hereafter provided, each residential user, including apartments, duplexes, mobile home parks, and single family residents, supplied with sewer service by the City shall be charged a monthly water service charge based upon the amount of water consumed by the user and applied to the following rate schedule: Gallons of water Amount or Rate used per month Charged first 3,000 minimum monthly charge ........... $8.15 all over 3,000, per 1,000 .................... $1.60 (1) Individually metered residential units. Each residential dwelling unit individually metered and billed for consumption of water shall be charged for and owe each month a sewer service charge based upon the amount of water consumed, as determined by the meter reading, applied to the above rate schedule; provided, however, that the maximum sewer bill for each residential unit is nineteen dollars and 35/100 ($19.35). (2) Jointly metered residential units. (a) Each multi-family dwelling unit project shall be charged for and owe each month a water service charge as follows: A minimum bill equal to total number of units multiplied by the minimum monthly charge, plus a consumption charge based upon the amount of water consumed in excess of three thousand (3,000) gallons, time the number of residential dwelling units, as determined by the meter reading, applied to the above rate schedule: provided, however, that the maximum sewer charge for multiple residential units shall not exceed the number of units multiplied by nineteen dollars and 35/100 (19.35). (b) Residential Dwelling Unit shall mean one or more buildings, parts of a building, manufactured homes, mobile homes, or manufactured or mobile home site within a mobile home park, which building, part of a building, manufactured home, or mobile home included or would normally be designated to include a bathroom, principal kitchen facilities and living quarters; provided, however, that every designated manufactured housing or mobile home site, or trailer site with water and sewer connections within a mobile home park shall be considered a residential dwelling unit. C. Vacancy means that unit is unoccupied and the owner received no rent, lease payment or occupancy fee for the unit. d. A jointly metered residential dwelling unit customer shall be entitled to apply for a deduction for vacancies, or credit for future water service with City for prior water service payments under the following conditions: (1) one or more of the residential dwelling units used for the basis of calculation of the minimum bill was vacant for 25 days or more of the previous calendar month; (2) a statement is presented to the City, on a form approved by the City, listing the specific vacant apartments or mobile home sites and stating the period of vacancy, signed under the penalty of law by the customer; (3) the records of the customer, including lease agreement and rental receipts, are available for examination by City staff for purposes of verifying the vacancies; (4) the customer's water bill is paid and proper deposits exist for water service; and (5) the statement is delivered with written receipt acknowledged, either in person or by certified mail, to the City Utility Billing Department before the 5th day of the month following the vacancy, unless the 5th is a Saturday, Sunday or legal holiday, in which event the affidavit must be received by the City by the next day which is neither a Saturday, Sunday, nor a legal holiday. (6) provided further, that a customer with no more than two jointly metered residential units may file in advance a quarterly notice of vacancy. e. Institutional users. (1) An institutional user is any person, corporation, agency of the State of Texas, or political subdivision which uses five percent (5%) or more of the total water sold by the City or which discharges five percent (5%) or more of the wastewater treated by the City. (2) An institutional user shall pay to the City a monthly sewer service charge based upon the amount of wastewater discharged by the user into the City's publicly owned treatment works, as applied to the following rate: Gallons of Wastewater Amount or Rate Discharged per Month to be Charged Each 1,000 . . . . . . . . . . . . . . . . . . . . . $1.60 (3) The amount of wastewater discharged by an institutional user shall be based upon and determined to be the metered amounts of water delivered to the user through lines which are connected to plumbing fixtures which then return wastewater to the City's publicly owned treatment works, or by wastewater metered connections authorized by the City Manager. f. Other charges not affected. Nothing herein shall effect or alter any other charge for sewer service required by the Code or the city's industrial waste ordinances. g. Users without city water. Persons not connected to the waterworks system of the city shall be billed monthly by the city for sanitary sewer services at a rate determined by the utility office supervisor, which rate shall be consistent with the regular sewer service charge of similar type premises or users receiving service from the city. If a person desiring service uses water or maintained premises in such a manner that a similar type user or premises cannot be found, the utility office supervisor may recommend for approval to city council such service charge and conditions as deemed appropriate. SECTION 3: This Ordinance shall take effect immediately upon its adoption. APPROVED this day of 1991. THE CITY OF HUNTSVILLE Zi- by H. Hodges. I ATTEST: 6�ADeSha�cret APPROVED AS TO FORM:: x 4 �-�Ot Scott Boun s, City Attorney RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: Ordinance 91-23 Inc.Rates For Collection&Disposal of Refuse 09-03-91 ORDINANCE NO. 91-23 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, AMENDING CHAPTER 9, GARBAGE, REFUSE AND RUBBISH, OF THE CODE OF ORDINANCES OF THE CITY OF HUNTSVILLE, TEXAS, INCREASING THE RATES FOR COLLECTION AND DISPOSAL OF REFUSE BY THE CITY; MAKING VARIOUS FINDINGS AND PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, that: SECTION 1: Chapter 9, "Garbage, Refuse, and Rubbish", of the Code of Ordinances of the City of Huntsville, Texas, is amended by changing Sec. 9-50. Collection charges - Residential as follows: Section 9-50. Collection Charges - Residential. a. There shall be charged, assessed and collected from the owner, lessee, or occupants of each residential dwelling unit within the City a charge for City refuse collection services. b. Residential Dwelling Unit shall mean one or more building, parts of a building, manufactured homes, mobile homes, or manufactured or mobile home site within a mobile home park, which building, part of a building, manufactured home, or mobile home includes or would normally be designated to include a bathroom, principal kitchen facilities and living quarters; provided, however, that every designated manufactured housing or mobile home site, or trailer site with water and/or sewer connections within a mobile home park shall be considered a residential dwelling unit. C. Vacancy means the unit is unoccupied and the owner receives no rent, lease payment or occupancy fee for the unit. d. A jointly metered residential dwelling unit customer shall be entitled to apply for a credit for future water service with City for prior water service payments, deductions for vacancies, or under the following conditions: 1. one or more of the residential dwelling units for the basis of calculation of the minimum bill was vacant for 25 days or more of the previous calendar month; 2. a statement is presented to the City, on a form approved by the City, listing the specific vacant apartments or mobile home sites and stating the period of vacancy, signed under penalty of law by the customer; 3. the records of the customer, including lease agreement and rental receipts, are available for examination by City Staff for purposes of verifying the vacancies; 4. the customer's water bill is paid and proper deposits exist for water service; 5. the statement is delivered with written receipt acknowledged, either in person or by certified mail, to the City Utility Billing Department before the 5th day of the month following the vacancy, unless the 5th is a Saturday, Sunday or legal holiday, in which event the statement must be received by the City by the next day which is neither a Saturday, Sunday, nor a legal holiday; and 6. provided further, that a customer with no more than two jointly metered residential units may file in advance a quarterly notice of vacancy. SECTION 2: Chapter 9, "Garbage, Refuse and Rubbish", of the Code of Ordinances of the City of Huntsville, Texas, is amended by changing Sec. 9-51. Same--Commercial or institutional service to read: Section 9-51. Same--Commercial or institutional service. Commercial or institutional establishments shall be charged for City collection of refuse at the following rates: a. The service charges shall be based upon the number of collections each week, the amount of refuse collected and the manner in which it is collected. b. If more than one commercial unit uses the same container, the charges shall be prorated according to use, but in no case shall the charges be less than the minimum monthly commercial charge. SECTION 3: Chapter 9, "Garbage, Refuse and Rubbish", of the Code of Ordinances of the City of Huntsville, Texas, is hereby amended by the repeal of Article VII, Rates, as presently constituted, and by the adoption of a new Article VII, that shall read as follows: ARTICLE VII. RATES Section 9-79. Residential Collection Charges. The following monthly charges shall be assessed and collected from owners or occupants of each residential unit for refuse and garbage collection service: Single family residential pickup, minimum charge . . . . . . . . . . . . . . . . . $9.50/month Multi-family residential pickup a. individually metered units collected without dumpster . . . . . . . . $9.50/occupied dwelling unit per month collected with dumpster . . . . . . . . . $8.55/occupied dwelling unit per month b. jointly metered units - collected without dumpster . . . . . . . . $9.50/dwelling unit per month - collected with dumpster $8.55/dwelling unit per month (credit given for vacancies @ $8.55/each) Business minimum (residential) . . . . . . . . . . $11.65/month Section 9-71. Commercial Collection Charges. Commercial establishments shall be charged for City collection of garbage, trash and rubbish as follows: Businesses, minimum charge . . . . . . . . . . . .$11.65/month 2 yard container . . . . . . . . . . . . . . . .$ 22.75/mo. weekly pickup 3 yard container . . . . . . . . . . . . . . . .$ 29.60/mo. weekly pickup 4 yard container . . . . . . . . . . . . . . . .$ 36.45/mo. weekly pickup 6 yard container . . . . . . . . . . . . . . . .$ 50.75/mo. weekly pickup 8 yard container . . . . . . . . . . . . . .$ 63.35/mo. weekly pickup 6 yard - 3-1 compaction . . . . . . . . . . . . .$150.70/mo. weekly pickup 20 yard container . . . . . . . . . . . . . .$180.10/mo. weekly pickup 30 yard - 3-1 compaction . . . . . . . . . . . . .$175.25/per dump 30 yard - 3.5-1 compaction . . . . . . . . . . . .$201.15/per dump 40 yard - 3.5-1 compaction . . . . . . . . . . . .$271.50/per dump 40 yard - 4-1 compaction . . . . . . . . . . . . .$306.00/per dump 30 yard rolloff . . . . . . . . . . . . . . . . .$243.25/mo. weekly pickup Rolloff - Extra Dump . . . . . . . . . . . . . . .$ 60.80/per dump Temporary/Construction . . . . . . . . . .$150.00/per dump ($400.00 deposit, $50.00 setup, one dump per month minimum) Section 9-72. Landfill Fees. Basic Fee . . . . . . . . . . . . . . . . . . . . $ 2.30/loose cubic yard Minimum Fee . . . . . . . . . . . . . $ 2.30 White Goods/Large Furniture (Refrigerator, Stove, Couch, Mattress, etc.) $ 5.00 Tires, small . . . . . . . . . . . . . . . . . . . $ 2.00 Tires, large $ 5.00 Large dead animal (cow, horse, etc.) $20.00 Small dead animal (dog, cat, etc.) . . . . . . . . $ 2.00 Compacting vehicles . . . . . . . . . . . . . . . $ 2.30 x manufacturer's capacity of truck x manufacturer's com- paction ratio Trees, stumps, large limbs . . . . . . . . . . . . $15.00 + $2.30 per cubic yard Section 9-73. Elkins Lake Charges. Residents of Elkins Lake shall be charged for collection of refuse and garbage at the following rate: Single family residential pickup . . . . . . . . . $11.85/month Section 9-74. Rates for other out-of-town service. There shall be assessed and collected from persons provided refuse and garbage collection services outside the corporate limits of the City, the following rates: (Outside City) 2 yard container . . . . . . . . . . . . . . . .$ 34.35/mo. weekly pickup 4 yard container . . . . . . . . . . . . . . . .$ 57.35/mo. weekly pickup 6 yard container . . . . . . . . . . . . . . . .$ 81.20/mo. weekly pickup 8 yard container . . . . . . . . . . . . . . . .$102.80/mo. weekly pickup 20 yard container . . . . . . . . . . . . . . . .$278.65/mo. weekly pickup 30 yard rolloff . . . . . . . . . . . .$392.50/mo. weekly pickup 30 yard rolloff - extra dump . . . . . . . .$ 98.15/per dump Temporary/Construction . . . . . . . . . .$175.00/mo. weekly pickup ($400.00 deposit, $50.00 setup, one dump per month minimum) SECTION 4: This ordinance shall take effect immediately from and after its passage by City Council. PASSED thi ' day of , 1991. THE CITY OF HUNTSVILLE H. Hodges, Mayor ATT eS aw, City ecre ary APPR ED AS TO FORM: 6* dN�� Scott Bounds, City Attorney RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: Ordinance 91-24 Increase Permit Fees 09-03-91 ORDINANCE NO. 91-24 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, INCREASING PERMIT FEES FOR BUILDINGS, PLUMBING, AND ELECTRICAL WORK; ADDING AN ADDITIONAL FEE FOR PLAN CHECKING; AND MAKING PROVISIONS RELATED THERETO. WHEREAS Section 104.3 of the Huntsville Development Code (Chapter 30, Community Development of the Huntsville Code of Ordinance) provides for fees for certain development within the City. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, that: SECTION 1: Chapter 30, Community Development of the Code of Ordinances of the City of Huntsville, Texas, is amended by changing Appendix A, "Schedule of Fees" to read as follows: SCHEDULE OF FEES The following fees shall be assessed by the City permit issuance, plat approval and related services of the City of Huntsville. SUBDIVISION PLATS Preliminary Plat - $100.00 Final Plat - $25.00 Request for Variance - $50.00 per item proposed for variance BOUNDARY LINE ADJUSTMENT - $10.00 PUBLIC IMPROVEMENTS CONSTRUCTION PERMITS 1. For valuation up to and including $1,000.00, the fee shall be $15.00. 2. For valuation over $1,001.00 up to and including $2,000.00, the fee shall be $45.00 per thousand or fraction thereof. 3. For a valuation over $2,001.00 up to and including $15,000.00, the fee shall be $90.00 for the first $2,000.00 plus $12.00, for each additional thousand or fraction thereof, to and including $15,000.00. 4. For a valuation over $15,001.00 up to and -including $50,000.00, the fee shall be $246.00 for the first $15,000.00 plus $10.00 for each additional thousand or fraction thereof, to and including $50,000.00 5. For a valuation over $50,001.00 up to and including $100,000.00, the fee shall be $596.00 for the first $50,000.00 plus $8.00 for each additional thousand or fraction thereof, to and including $100,000.00 a 6. For a valuation over $100,001.00 up to and including $500,000.00, the fee shall be $996.00 for the first $100,000.00 plus $5.00 for each additional thousand or fraction thereof, to and including $500,000.00 7. For valuation over $500,001.00 the fee shall be $2,996.00 for the first $500,000.00, plus $3.00 for each additional thousand or fraction thereof. BUILDING PERMITS Building Permit Fees 1. Where the valuation does not exceed $1,000.00, no fee shall be required, unless an inspection is necessary, in which case there shall be $15.00 fee for an inspection. 2. For a valuation over $1,000.00 up to and including $50,000.00, the fee shall be $15.00 for the first $1,000.00 plus $5.00 for each additional thousand or fraction thereof. 3. For a valuation over $50,001.00 up to and including $100,000.00, the fee shall be $260.00 for the first $50,000.00 plus $4.00 for each additional thousand or fraction thereof, to and including $100,000.00 4. For a valuation over $100,001.00 up to and including $500,000.00, the fee shall be $460.00 for the first $100,000.00 plus $3.00 for each additional thousand or fraction thereof, to and including $500,000.00. 5. For a valuation over $500,001.00, the fee shall be $1,660.00 for the first $500,000 plus $2.00 for each additional thousand or fraction thereof. Moving of Building or Structures For the moving of any building or structure, the fee shall be one hundred dollars ($100.00) for each section of building. Demolition of Building or Structures For the demolition of any building or structure, the fee shall be ten dollars ($10.00). EXCAVATION AND GRADING PERMIT FEES Plan-Checking Fee For excavation and fill on the same site, the fee shall be based on the volume of the excavation or fill, whichever is greater. Before accepting a set of plans and specifications for checking. The City shall collect a plan-checking fee. Separate permits and fees shall apply to retaining walls or major drainage structures as required by the Building Code. There shall be no separate charge for standard terrace drains and similar facilities. the amount of the plan- checking fee for grading plans shall be as follows. 5,000 to 10,000 cubic yards.............................................$20.00 10,001 to 100,000 cubic yards - $20.00 for the first 10,000 cubic yards, plus $10.00 for each additional 10,000 cubic yards or fraction thereof. 100,001 to 200,000 cubic yards - $110.00 for the first 100,000 cubic yards, plus $6.00 for each additional 10,000 cubic yards or fraction thereof. 200,001 cubic yards or more - $170.00 for the first 200,000 cubic yards, plus $3.00 for each additional 10,000 cubic yards or fraction thereof. The plan-checking fee for a grading permit authorizing additional work to that under a valid permit shall be the difference between such fee paid for the original permit and the fee shown for the entire project. Grading Permit Fees A fee for each grading permit shall be paid to the City as follows: 50 cubic yards or less..................................................$10.00 51 to 100 cubic yards...................................................$15.00 101 to 1000 cubic yards - $15.00 for the first 100 cubic yards, plus $7.00 for each additional 100 cubic yards or fraction thereof. 1001 to 10,000 cubic yards - $78.00 for the first 1000 cubic yards, plus $6.00 for each additional 1000 cubic yards or fraction thereof. 10,001 to 100,000 cubic yards - $132.00 for the first 10,000 cubic yards, plus $27.00 for each additional 10,000 cubic yards or fraction thereof. 100,001 cubic yards or more - $375.00 for the first 10,000 cubic yards, plus $15.00 for each additional 10,000 cubic yards or fraction thereof. The fee for a grading permit authorizing additional work to that under a valid permit shall be the difference between the fee paid for the original permit and the fee shown for the entire project. ELECTRICAL PERMIT FEES (A) Fees for roughing in work: $10.00 minimum fee for roughing in work $ 8.00 for first four (4) circuits $ 1.00 each for all above four (4) circuits $10.00 for final inspection (B) Fees for replacement of service entrance equipment: $ 6.00 per service up to and including 60 amp., includes meter loop $ 8.00 per service up to and including 100 amp., includes meter loop $10.00 per service up to and including 200 amp., includes meter loop $12.00 per service up to and including 400 amp., includes meter loop $14.00 per service up to and including 600 amp., includes meter loop $20.00 per service over 600 amp., includes meter loop (C) Fees for motor generation: $ 3.00 each for first 2 motors below 1 H.P. $ 1.00 for each additional motor below 1 H.P. $ 6.00 each for first 2 motors 1 to 5 H.P. $ 3.00 for each additional motor 1 H.P. to 5 H.P. $ 8.00 each for first 2 motors 6 H.P. to 10 H.P. $ 4.00 for each additional motor 6 H.P. to 10 H.P. $10.00 each for first 2 motors 11 H.P. to 24 H.P. $ 5.00 for each additional motor 11 H.P. to 24 H.P. $14.00 each for first 2 motors over 25 H.P. $ 7.00 for each additional motor over 25 H.P. (D) Miscellaneous fees: $ 5.00 for electric welder $ 5.00 for each electric range $ 5.00 for each motion picture projector $ 5.00 per circuit for sign and outline lighting $10.00 for temporary service $ 5.00 minimum fee for repairs and alterations $ 4.00 for each additional motor $ 5.00 for electric dryer or air conditioner $ 5.00 for each mobile home connection $30.00 for RE-INSPECTION PLUMBING PERMIT FEES The permit and inspection fees herein provided shall be paid to the City before any work is started. The fees shall be as follows: For issuing each permit...........................................$10.00 In addition: For each plumbing fixture or trap or set of fixtures of one trap (including water and drainage piping).......................$ 2.50 For each house sewer........................................$ 5.00 For each house sewer having to be repaired..................$ 5.00 For each cesspool ..........................................$ 5.00 For each septic tank, seepage pit or drain field ...........$10.00 For each water heater and/or vent...........................$ 2.50 For each gas piping system of 1 to 5 outlets................$ 5.00 For each gas piping system of 6 or more, per outlet.........$ 1.00 For installation of water piping for water treating equipment.. ... .... .. .. .$ 5.00 For vacuum breakers, backflow protective devices installed subsequent to the installation of the piping or equipment served: one to five .......................................$ 2.50 over five, each ...................................$ 1.50 For each mobile home connection ............................$ 5.00 For mobile home connection with gas ........................$ 7.00 Lawn sprinkler and fire sprinkler system inspection for five (5) sprinkler heads.............................................$ 2.00 Each additional lawn sprinkler head over five (5)...........$ .20 Each additional fire sprinkler head over five (5)...........$ .50 SIGN PERMIT FEE 1. Signs shall be assessed a fee of $.25 per square foot of sign face area with minimum permits of $5.00; plus 2. $1.00 per linear foot of sign height measured from top of sign trim of face; plus 3. $5.00 for issuing each permit. Example: 4 ft. x 8 ft. single face sign 10 ft. from ground will permit for: 32 sq. ft. at $.25 = $ 8.00 Issuing permit = 5.00 Height Fee = 10.00 $23.00 Example: Maximum Fee -- 300 sq. ft. sign, 42 1/2 ft. from ground will permit for: 300 sq. ft. at $.25 = $ 75.00 Issuing permit = 5.00 Height Fee = 42.50 $122.50 MECHANICAL PERMIT FEES General A permit shall not be valid until the fees prescribed in this section shall have been paid; nor shall an amendment to a permit be approved until the additional fees, if any, shall have been paid. Failure to Obtain a Permit If any person commences any work on an installation before obtaining the necessary permit from the City the permit fee shall be doubled. Mechanical Permit Fees (a) Permit Fees: For issuing each permit.....................................$10.00 (b) In addition: 1. Fee for Heating, Ventilating, Duct, Air Conditioning and Refrigeration Systems shall be ten ($10.00) dollars for the first one thousand ($1,000.00) dollars of valuation PLUS two ($2.00) dollars for each additional one thousand ($1,000.00) dollars or fraction thereof. 2. Repairs, alterations and additions to an existing system where cost is over five hundred ($500.00) dollars shall be two ($2.00) dollars per each one thousand ($1,000.00) dollars or fraction thereof in valuation plus five ($5.00) dollars. (c) Temporary Operation Inspection Fee. For inspecting Heating, Ventilating Refrigeration, or Air Conditioning Systems, a fee of five ($5.00) dollars shall be paid by the Contractor requesting such inspection. If the system is not approved for temporary operation on the first inspection, for each subsequent inspection for such purpose, the usual Re-Inspection Fee will be charged. (d) In all buildings except one and two family dwellings using self- contained air conditioning units less than two tons, the fee charged shall be that for the total cost of all units combined (see paragraph (b) above for rate). Minimum fee shall be ten ($10.00) dollars. (e) Boilers based on BTU input: 33,000 BTU (1 BHP) to 165,000 (5 BHP).......................$ 5.00 165,001 BTU (5 BHP) to 330,000 (10 BHP).....................$10.00 330,001 BTU (10 BHP) to 1,165,000 (52 BHP)..................$15.00 1,165,001 BTU (52 BHP) to 3,300,000 BTU (98 BHP)............$25.00 Over 3,300,000 BTU..........................................$35.00 RE-INSPECTION FEE Where the City Inspector is required to make more than one trip from the office to the construction site for the purpose of inspecting any work due to violation of rules, wrong address or any other irregularities caused by the contractor or the contractor's agent, a charge of thirty ($30.00) dollars shall be assessed for each additional trip. LICENSE FEES Health Certificate for Restaurant & Grocery.............................$40.00 Itinerant Restaurant Permits............................................$10.00 Food Handler's Card.....................................................$ 5.00 Replacement of Card...............................................$ 2.00 Sign Contractors License................................................$50.00 Master Electrician License..............................................$50.00 Journeyman Electrician License..........................................$10.00 Master Electrician Examination..........................................$25.00 MISCELLANEOUS FEES Street Excavation & Alteration Permit..................................$ 10.00 Curb Cut Permit........................................................$ 10.00 LandReclamation.......................................................$ 10.00 Landfill Permit........................................................$100.00 3/4" Water Tap.........................................................$250.00 1" Water Tap*..........................................................$365.00 Water Connection Fee...................................................$ 15.00 4" Sewer Tap...........................................................$250.00 6" Sewer Tap...........................................................$425.00 Residential Water Meter Deposit........................................$ 60.00 Commercial Water Meter Deposit**.......................................$ 75.00 Water & Sewer Stub Location............................................$ 50.00 * Any water tap more than 1 inch in size shall be determined by the Public Utilities Department with an estimated cost. **Any commercial property requiring deposit shall be determined by the Utilities Billing Division according to the usage of water. MAP REPRODUCTION FEES Base Maps 1" = 1,000...................................................$ 8.00 Small Base Maps 1" = 2,000.............................................$ 4.00 TopoMaps..............................................................$ 4.00 Planimetric Maps.......................................................$ 4.00 USGS...................................................................$ 4.00 Subdivision Plats......................................................$ 4.00 OtherPlats............................................................$ 4.00 CityStandards.........................................................FREE Large Water and Sewer Maps.............................................$ 8.00 MylarCopies...........................................................$ 6.00 PLAN-CHECKING FEES When the valuation of the proposed construction exceeds $70,000.00 and a plan is required to be submitted by 103.2, a plan-checking fee shall be paid to the Building Official at the time of submitting plans and specifications for checking. The plan-checking fee shall be equal to one-half of the building permit fee as set forth in 103.7.4. The plan-checking fee is in addition to the building permit fee. SECTION 2: This ordinance shall take effect on October 1, 1991. APPROVED this the day of 1991. THE CITY OF HUNTSVILLE W. H. Hodges, May r ATV.ST. LZ�h4eSha.,�Aity ecretary APPROVED AS TO FORM: Jul )dlll - Scott Bounds, City Attorney RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: Ordinance 91-25 Adopting The Tax Abatement Policy 08-20-91 ORDINANCE NO 91-25 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, ADOPTING A TAX ABATEMENT POLICY. Be it ordained by the City Council of the City of Huntsville, Texas, that: The City of Huntsville adopts this "TAX ABATEMENT POLICY": I. POLICY BASIS The City of Huntsville recognizes the need for greater economic development within the City and its extraterritorial jurisdiction, expanding existing industry, diversifying the economic base, and creating new jobs. In this regard, the City of Huntsville adopts a Tax Abatement Policy that will encourage growth to qualified property owners. This Tax Abatement Policy shall apply to approved present or potential owners of taxable property in the City, who: (1) own or are in the process of acquiring eligible real property in a Reinvestment Zone approved by the City; (2) are willing to execute tax abatement agreements on real property improvement and development designed to provide benefit to the eligible property and to utilize area contractors and work force to the maximum extent feasible; and (3) are operators of new or modernized manufacturing, research, distribution, service, administrative, corporate or other business or industry facilities on the subject real property. II. APPLICATION Any present or potential taxable property owner in the City or its extraterritorial jurisdiction may request a tax abatement on particular real property improvements within a Reinvestment Zone by submitting a written request to the City Manager. The application shall be on form approved by the Council and shall include: (1) a general description of the proposed use and the general nature and extent of the proposed improvements; (2) an estimate of the number of jobs which will be created by the proposed improvements; (3) a time schedule for undertaking and completing construction of the proposed improvement; (4) a statement of the assessed values of the property, separately stated for real and personal property, for the then current tax year; (5) a financial statement of each applicant showing financial capacity to complete the proposed improvement; and (6) a profile of each of the individual applicant(s) or its officers and directors. Each tax abatement application will be individually reviewed by the City Council and approved or disapproved based on the merits of the application and the guidelines and criteria set forth herein. In addition, in its discretion, the City Council may appoint a Tax Abatement Review Board including residents of major taxing entities within the City, to review and make suggested recommendations to the Council regarding each application. The City, upon the sole approval of the Council, shall by resolution either approve or disapprove each application for tax abatement. The City Manager shall notify the applicant of approval or disapproval. Any disapproved applicant may re-apply for tax abatement. The City Manager shall notify in writing the presiding officer of the governing body of each affected taxing jurisdiction of the receipt of an application, and effort shall be made to coordinate the requested tax abatement with such other taxing jurisdictions, if the abatement is approved by the City Council. III. GUIDELINES AND CRITERIA Beforeapproving an application for tax abatement, the City Council must determine that the proposed improvements meet the following guidelines and criteria: A. The proposed abatement will support economic development by expanding existing business or industry, diversifying the economic base of the City, creating new jobs, and/or substantially increasing City tax revenue after the abatement period ends. B. The proposed tax abatement shall not have a substantially adverse effect on City tax base or City budget. C. The proposed improvements and use shall not be adverse to public health, safety or welfare. D. Abatement shall only be granted for the additional value resulting from proposed improvements to eligible property constructed after January 1 of the year in which the tax abatement is granted by official action of City Council. E. Abatement shall be extended only to the improved value of land, building, structures, fixed machinery and equipment and site improvement. F. Abatement shall not be granted for any property on which total or partial ad valorem tax exemption or devaluation currently applies, or is granted during the term of tax abatement. Granting of total or partial ad valorem tax exemption or devaluation to any part of the property during the tax abatement period shall cancel any and all tax abatement on the property, and render the terms of any tax abatement agreement on the property null and void. IV. DISCRETIONARY CONSIDERATION The following matters should be considered by the City Council in its discretionary approval or disapproval of each tax abatement application: A. The proposed project should increase City property valuations at least $1,000,000.00. B. The proposed improvement should create a minimum of 15 new permanent jobs in the City upon opening for business, and should promote further employment in the City; or should increase City property valuations substantially over the minimum $1,000,000.00. C. Tax abatement will normally be considered for manufacturing or distribution facilities, corporate office, research parks, or similar facilities, if it can be demonstrated that their development would create substantial capital improvements or jobs. Generally, tax abatement is not designed to encourage speculative office development, retail development, or other service industries that market primarily in Walker County. D. The proposed improvement should not have the sole or primary effect of transferring employment from one part of the City to another. E. Non compliance with this policy shall cause the applicant(s) to repay the taxes abated as per the signed agreement. V. TAX ABATEMENT PLAN Tax abatement shall be granted effective with the January 1 valuation date immediately following the date of completion of improvements. Taxes on improvements shall be abated according to the following schedule: Year of Abatement Percentage of Taxes Abated First Up to 100% Second Up to 100% Third Up to 100% Fourth Up to 80% Fifth Up to 60% Sixth Up to 40% Seventh Up to 20% Eighth and following no abatement Additionally, one hundred percent (100%) of the value of eligible improvements shall be abated for up to two (2) years during the period of construction of such improvement. Upon completion of improvements, as determined solely by the City Council, the abatement period shall begin as set forth above. If the period of construction exceeds two (2) years or other designated construction period, whichever is less, improvements shall be considered completed for purposes of beginning the abatement period. VI. AGREEMENT After approval and resolution, the City, through the City Manager, shall execute an agreement with the present or potential property owner on standard form as approved by the City Attorney's office. All tax abatement agreements shall be in writing, and conform to the provisions of Chapter 312 of the Texas Tax Code. VII. SUNSET PROVISION This policy is effective as of �anliSf �� 1991, and will remain in force until Q/ i S_/ o?D>h 1995, at which time all reinvestments zones and tax abatement contracts created by City Council will be reviewed by the City Council to determine whether the goals have been achieved, and whether the policy should be continued. PASSED AND APPROVED this 2DTh day of 1991. CITY OF HUNTSVILLE W. H. Hodges, -mayor ATTEST: (]�h�Dehaw 4City �ecretary APPROVED: �CottIB46nds, City At orney RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: Ordinance 91-26 City Manager's App.of Contracts Up to$2,000 10-16-91 ORDINANCE NO. 91-26 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, AMENDING CHAPTER 2, ADMINISTRATION, OF ITS CODE OF ORDINANCES TO PERMIT THE CITY MANAGER TO APPROVE CERTAIN CONTRACTS UP TO $2,000 AND MAKING OTHER PROVISIONS RELATED THERETO. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, THAT: SECTION 1: Chapter 2, Administration, of the Code of Ordinances of the City of Huntsville, Texas, is amended by the adoption of a revised section 2-50, that shall read as follows: Sec. 2-50. Contracts approved by council. (a) All contracts for expenditures involving five thousand dollars ($5,000) or more must be expressly approved in advance by the city council. (b) All contracts for expenditures involving two thousand dollars ($2,000) or more must be expressly approved in advance by the city council, if: (1) the expenditure is not budgeted; (2) the City administration proposes to award the bid to other than the low bidder meeting specifications; or (3) only one bid is received. SECTION 2: This ordinance shall take effect immediately upon its adoption. EXECUTED THIS 7�DAY OF (y� 1991. CITY OF HUNTSVILLE W. H. H�sa ATTEST• i ,R h De haw, City SecYletary APPROVED AS TO FORM: Scott oLInds, City Attorney RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: Ordinance 91-27 Permitting Security For Water/Sewer Bills 10-15-91 ORDINANCE NO.91-27 AN ORDINANCE AMENDING CHAPTER 17, WATER AND SEWERS, OF THE CODE OF ORDINANCES OF THE CITY OF HUNTSVILLE, TEXAS, TO PERMIT ADDITIONAL SECURITY FOR BILLS; AND MAIUNG OTHER PROVISIONS AND FINDINGS RELATED THERETO. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS,that: SECTION 1: Chapter 17, Water and Sewers of the Code of Ordinances of the City of Huntsville,Texas,is amended by changing Section 17-12. Connection charges;deposits to secure payment of utility service bills, as follows: Sec.17-12. Connection charges;deposits to secure payment of utility service bills. a. A fifteen dollar($15.00)connection fee shall be made for any new service application or changes in existing service applications. b. The utility office supervisor shall require any applicant for water,sewer or sanitation service to post a deposit to secure payment of utility service charges,as follows: (1) Any firm,corporation or commercial account applying for water service shall deposit with the City of Huntsville, as security for the payment of future charges,a sum equal to two(2)times the average estimated monthly utility service charge for the premises for which utility services are requested. Past accounts from previous customers at the same location, or accounts of a comparable usage factor, may be used in arriving at the estimated monthly charge for determining the amount of deposit. (2) Any person applying for residential water, sewer and garbage service shall place with the City a sum of sixty dollars ($60.00) for a utility deposit; provided,however,that persons who do not receive all three(3)services shall be required to post only a deposit with the City in the amount of twenty dollars($20.00)for each service received. (3) Upon the sale or transfer of property,or change in customer or occupancy of any premises served by City water service, no water, sewer or sanitation service shall be furnished to the new owner,customer or occupant of such premises unless and until such deposit as required by this section is paid. Any person,firm or corporation who fails to notify the City of Huntsville of a change in ownership,title or occupancy of premises resulting in a different person or entity having responsibility for the payment of utility service charges, shall be subject to immediate discontinuance of utility service,unless and until the previous customer's account is finalized and the deposit called for herein is made. (4) A utility deposit shall not be required for the interim period(three(3)months maximum)that a rental house is being prepared for occupancy,provided that the owner has current residential service. (5) A blanket deposit, equal to the cumulative average monthly utility service charge,shall be required for a residential customer with multiple accounts. Any multiple dwelling unit with more than five (5) units shall require a separate commercial deposit. (6) Any customer that is put on the"cut-off'list(a residential customer that has not paid the two(2)months prior bills and is about to receive a third month's billing or a commercial customer that has not paid their bill by the due date) more than twice in one year shall be required to increase their deposit to the average amount due at"cut-off'date. A notice of the increase will be sent to the customer which must be paid by the customer if they appear on the cut-off list a third time. Failure to pay the increased deposit would result in discontinuance of service. C. No person shall attempt to avoid any payment under this chapter by changing names on an account. The City may transfer a delinquent payment from one customer to another account of that customer. Utility service cannot be discontinued for delinquency in payment for utility service by a previous occupant. d. Every applicant who previously has been a City utility customer and whose service was discontinued for nonpayment of bills or has terminated service without paying a bill shall be required to pay all amounts due. e. Utility deposits will be refunded upon termination of service, provided that the customer has fully satisfied all charges due the City. Residential customer deposits shall be refunded at the end of three years with a good payment record. Good payment record means that the customer has not paid a bill more than twice past the penalty date in the last twelve(12)months. f. Security for payment of utility service charges may be made by cash deposit with the City,or by an approved certificate of deposit in the name of the City of Huntsville at a Walker County financial institution, or by an approved letter of credit at a Walker County financial institution. g. A residential customer with a currently active account may guarantee payment on one additional single unit residential customer. Any unpaid balances will be transferred to the account of the guaranteeing customer. The customer guaranteeing the account must have a twenty-four(24)month history with the City and may not have been delinquent more than twice in any twelve(12)month period. SECTION 3: This Ordinance shall take effect immediately upon its adoption. APPROVED this / day of 91 1991. THE CITY OF HUNTSVILLE y W.H.Ho ges. ayor ATTEST: �uthShaw,City Secretary APPROVED AS TO FORM: SeA e6l � Scott Bounds,City Attorney Z3 RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: Ordinance 91-28 Mun.Election for 4 Councilmembers 11-12-91 41 ORDINANCE NO.91-28 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE,TEXAS,ORDERING A MUNICIPAL ELECTION TO BE HELD ON THE 18TH DAY OF JANUARY,1992,FOR THE PURPOSE OF ELECTING FOUR COUNCILMEMBERS,FROM THE RESPECTIVE AT LARGE POSITIONS ONE,TWO,THREE AND FOUR;AND FOR THE FURTHER PURPOSE OF VOTING ON PROPOSED AMENDMENTS TO THE CITY CHARTER OF THE CITY OF HUNTSVILLE, TEXAS; PROVIDING FOR ELECTION OFFICERS; DESIGNATING THE PLACES AND MANNER OF HOLDING THE ELECTION; AND PROVIDING FOR THE POSTING AND PUBLICATION OF NOTICE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS,that: SECTION 1. The regular municipal election of the City of Huntsville,prescribed by Section 6.01 of the City Charter, shall be,held between the hours of seven(7:00)o'clock a.m.and seven(7:00)o'clock p.m.on the 18th day of January, 1992, in the City for the purpose of electing four councilmembers; one from each of the City's four at-large positions one,two,three and four. SECTION 2. The City establishes as the election precinct for this election one precinct having the same boundaries as all the county election precincts located within the corporate boundaries of the City of Huntsville. The polling places and election officials for the election precinct shall be as follows: Election Precinct Pollin Pg lace Officials One(1) City Hall Becky Abbott, Presiding Judge 1212 Avenue M Artresa Culpepper,Alternate Judge 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. SECTION 4. One councilmember shall be selected from each of the respective at- large position numbers one(1),two(2),three(3)and four(4)of the City by a majority vote of the City at-large. The councilmembers to be elected shall hold office for a period of two(2)years. SECTION 5. Each of the four councilmembers shall be citizens of the United States, qualified and registered voters of the State of Texas,residents within the present corporate limits of Huntsville for at least twelve months immediately preceding the election, and current in payment of taxes and assessments due to the City. SECTION 6. Any eligible and qualified person may have his name upon the official ballot as an independent candidate by submitting an application,which, in accordance with Texas Election Code Section 141.031,must be in writing;be signed and sworn to by the candidate and indicate the date that the candidate swears to the application. The application shall include: the candidate's name; the candidate's occupation; the office sought,including any place number or other distinguishing number;an indication of whether the office sought is to be filled for a full or unexpired term if the office sought and another office to be voted on have the same title but do not have place numbers or other distinguishing numbers; a statement that the candidate is a United States citizen;a statement that the candidate has not been determined mentally incompetent by a final judgment of a court;a statement that the candidate has not been finally convicted of a felony from which the candidate has not been pardoned or otherwise released from the resulting disabilities; the candidate's date of birth; the candidate's residence address or, if the residence has no address, the address at which the candidate receives mail and a concise description of the location of the candidate's residence; the candidate's length of continuous residence in the state and in the territory from which the office sought is elected as of the date the candidate swears to the application; a statement that the candidate is aware of the nepotism law,Articles 5996a through 59968 of the Texas Revised Statutes;and the statement:"I, ,of Walker County,Texas,being a candidate for the office of Mayor/councilmember, swear that I will support and defend the constitution and laws of the United States and of the State of Texas." Such application must be filed with the Mayor or City Secretary not later than 5:00 p.m. of the 45th day before election day. SECTION 7: The following proposals to amend the City Charter of the City of Huntsville,Texas,shall be submitted to the voters in accordance with Section 14.25 of the Charter. AMENDMENT L Section 2.01.Extension of Boundaries,Section 3.01.General Powers,and Section 14.23.Amendments,shall be amended to read• SECTION 2.01. EXTENSION OF BOUNDARIES. (a) Territory adjoining and contiguous to the corporate limits of the City of Huntsville, as defined herein,may be annexed to said City,regardless of the shape or configuration or size thereof, upon application being made therefor, in writing, to the City Council of the City of Huntsville, describing the territory by metes and bounds, sought to be annexed, which said application shall be signed by a majority of those residing in said territory,who are qualified to vote for members of the Legislature of the State of Texas,which said application shall be proved by the affidavit of one or more persons that the signatures thereto are genuine. In the event it is found by said City Council that a majority of said qualified voters residing in such territory are favorable to annexation,then the said City Council may,by ordinance,declare such territory annexed to the City of Huntsville,and the same shall thenceforth be an integral part of said City. The provisions of this section shall not be construed to prohibit the owner of any uninhabited territory or property contiguous to the City of Huntsville,as defined in the Charter,from making application to the City Council to have same annexed to the City, and when such application is made and acted upon, an ordinance shall be passed,providing for the annexation of such property,and said property when so annexed shall be covered by the same rules and regulations as other territory annexed under the provisions of this section. (b) The Council shall have the power by ordinance to fix the boundary limits of the City and to provide for the alteration and extension of said boundary limits, the annexation of additional territory lying adjacent to the City,and the detachment or disannexation of territory, with or without the consent of the owners and inhabitants of the territory annexed detached or disannexed in any manner not consistent with the procedural rules prescribed by Ehapmr 1660,,- Title 1, Subtitle C,of the Texas Local Govemment Code,as heretofore or hereafter amended. the ..,.me bein..the T./..«:,.ipal e,.nex-,. eft et Upon the final passage of any ordinance annexing territory,the corporate limits of the City shall thereafter include the territory so annexed, and when any additional territory has been so annexed the same shall be apart of the City of Huntsville and the property situated therein shall bear its pro rata part of the taxes levied by the City,and the inhabitants thereof shall be entitled to all of the rights and privileges of all citizens and shall be bound by the acts and ordinances,resolutions and regulations of the City. Upon the final passage of any ordinance detaching or disannexing territory from the City,the corporate limits of the City shall be reduced by the territory so detached or disannexed. SECTION 3.01. GENERAL POWERS. The City shall have all the power granted to cities try the Constitution and Laws of the State of Texas together with all of the implied powers necessary to carry into execution such granted powers. The City may use a corporate seal;may sue and be sued,may contract and be contracted with;may cooperate with the government of the State of Texas or any agency or any political subdivision thereof or with the federal government or any agency thereof to accomplish any lawful purpose for the advancement of the interest,welfare,health,morals,comfort,safety, and convenience of the City and its inhabitants;may acquire property within or without its corporate limits for any municipal purpose in fee simple or in any lesser interest or estate by purchase,gift,devise,lease,or condemnation and subject to the provisions of this charter,may sell,lease,mortgage,hold,manage,improve,and control such property as may now or hereafter be owned by it;may pass ordinances and enact such regulations as may be expedient for the maintenance of the good government, order, and peace of the City and the welfare, health, morals,comfort,safety,and convenience of its inhabitants. The powers hereby conferred upon the City shall include by are not restricted to the powers conferred expressly and permissively by Ghap�ff 14 7 Page 30 7-,.4 et-s ef the 33rd LegiWwure 4 the State ef Teves,Regular n,1913, &iabAng.4c4 and ineludingArtieles H7-5,�M76 1177 H78,1179 and 1180 efthe Revised GWI the laws of the State of Texas. In addition to the powers enumerated herein and subject only to the limitations imposed by the Constitution and Laws of the State of Texas and by this Charter,the City shall have, without the necessity of express enumeration in this Charter,each and every power which by virtue of Article XI, Section V, of the Constitution of the State of Texas,the people of the City are empowered by election to grant or to confer upon the City by expressly and specifically granting and enumerating the same herein. All such powers whether expressed or implied shall be exercised and enforced in the manner prescribed in this Charter, or,when not prescribed herein,in such manner as shall be provided by ordinance of the Council. SECTION 14.23. AMENDMENT. (a) Amendments to this Charter shall be framed and submitted to the voters of the City in the manner provided by Statutes 4-,:.� ,mc Chanter 9 of the Texas Local Government Code, as heretofore or hereafter amended. (b) Everyfive years the Mayor,with approval of Council,shall appoint at least three person to a Charter Review Committee. The Committee shall report to City Council amendments, if any, to the City Charter that it recommends for submission to the City at a municipal election. AMENDMENT 2. Section 4.01. Number, Selection and Term of Office, Section 6.01. General Elections, and Section 6.08. Notification and Qualification of City Officials,shall be amended to read: SECTION 4.01. NUMBER, SELECTION AND TERM OF OFFICE. The Council shall be composed of a Mayor and eight Councilmembers. The Mayor, unless sooner removed under the provisions of this Charter,shall serve for two year terms,from the later-first Tuesday following the election until the first Tuesdav following the general election two years later, or until a successor has been elected and duly qualified Each Councilmember, unless sooner removed under the provisions of this Charter,shall serve for two year terms,from the ftfteenth day ef,4pril first Tuesdav following their election until thei fte nth day,.o n.,s rst Tuesdav following the general election two years later,or until a successor has been elected and duly qualified. SECTION 6.01. GENERAL ELECTIONS. Regular Citygeneral elections shall be held on the wst Saturday inA�-'third Saturdav in January. All Councilmembers and the Mayor shall be elected for two year terms,provided that the Mayor and Councilmembers from all Wards shall be elected on odd numbered years and all Councilmembers-at-Large shall be elected on even numbered years. In all odd year elections,each qualified voter shall vote for not more than one candidate for Mayor and for not more than one candidate for Councilmember from the qualified voter's wart. In all even year elections,each qualified voter shall vote for not more than one candidate for each of the four Council-at-Large positions. Said Each election shall be ordered by the Mayor,or in the event the Mayor fails to do so by the Council. The City Secretary shall give notice of such election by causing said the notice to be published at least forty days prior to the date of such election in the official newspaper of the City. SECTION 6.08. NOTIFICATION AND QUALIFICATION OF CITY OFFICIALS. It shall be the duty of the City Secretary to notify all persons elected or appointed to office of their election or appointment. All officials newly elected at a City general election may enter upon their duties on the)Viemth ay of p4 nex4 first Tuesday following the date of their election. All other newly elected or appointed officials may enter upon their duties immediately. 4 6ffiee Piet hiter than the 30th days ef Ap4 fiqfiei�ft the date ef their-eleefieny etherwise-,the ^f"e&hag be d,,....P4••gpfznt All&Ahex elected or appointed officials must qualify by taking and subscribing their oath of office within thirty days following the date of their election or a ooi otherwise, the office shall be deemed vacant. AMENDMENT 3. Section 4.07.Meetings of the Council,shall be amended to read: SECTION 4.07. MEETINGS OF THE COUNCIL. There shall be Ave one or more regular meetings of the City Council each month, which shall be held at such times andplaces as shall be prescribed by ordinance. Special meetings may be called at any time by the Mayor, the City Manager,or by a majority of the Councilmembers qualified and serving by giving notice to the City Secretary who shall in turn give notice of such special meetings to all members of the Council at least twelve hours prior to such meeting. Provided, however, any member of the Council may either before or after such meeting waive such notice. All meetings of the Council,regular or special,shall be open to the public and shall be held at the City Hall of the City, except as provided by Article 6252-17 of the Texas Civil Statutes, as amended. The term City Hall as used in this Charter shall mean the Council Chambers. AMENDMENT 4. Section 13.03.Ordinance Granting Franchise,shall be amended to read: SECTION 13.03. ORDINANCE GRANTING FRANCHISE. Every ordinance granting,renewing,extending,or amending a public utilityfranchise shall be presented in writing at two regular meetings of the Council and shall not be finally acted upon until thirty days after the first presentation thereof. Within five days following each of the two presentations of the ordinance,the ' l a descriptive caption of the ordinance statine in summary the purpose of the ordinance shall be published one time in the official newspaper of the City, and the expense of such publication shall be borne by the prospective franchise holder. AMENDMENT 5. Section 14.06.Notice of Claim,shall be amended to read: SECTION 14.06. NOTICE OF CLAIM. The City of Huntsville shall not be held responsible on account of any claim for damages or injuries to any person,whether such damages or injuries resulted in death or not,or property unless the person making such complaint or claiming such damages or injuries, shall within fe, w sir months after the time in which it is claimed such damages or injuries were inflicted upon such person or property,file with the City Secretary a true statement under oath as to the nature and character of such damages or injuries,the extent of the same,and the place where same happened,the circumstances under which it happened,the conditions causing same, and a detailed statement of each item of damages and the amount thereof and, if it be for personal injuries, whether resulting in death or not,giving a list of witnesses, if any,known to affiants who witnessed such accident. AMENDMENT 6 Section 14.09. Personal Interest in City Contracts, shall be amended to read.- SECTION 14.09. PERSONAL INTEREST IN CITY CONTRACTS. which 19 paid jr9ni the Qty Tfeawre or by an assessment levied by eFdinanee or reseltitien having a conifaet, )��or business with said 6!ity figr the perfionnanee of which seeuril�-Majo- su*et to remefwl fii9m their- office or pesiden. 4ny tielafien of this Section with the kno)dedge, expre�or inip" of the person er ee oration agntraeting with h- --." sham render the eontraet imw&ed voidable by the Gouned. No City official or employee shall participate in a vote or decision on any matter involving a business entity or real property in which the official or employee has a substantial interest as provided by state law. AMENDMENT 7. Section 14.10.Nepotism,shall be amended to read; SECTION 14.10. NEPOTISM. No person related within the second degree by affinity or within the third degree by consanguinity to the Mayor,any member of the Council or City Manager,shall be appointed to any office,position, clerkship or other service of the City. however fe any person whe shaH ha�w been empl6yed k�the GRy for-twe Fgr ge qz,it of the Qy Manager se_,i ted to the 01,Affinager.Nothing herein contained shall prevent the appointment, voting for, or confirmation of any person who shall have been continuously employed in any o(fice,position,clerkship,employment or duty for the following period prior to the election or appointment,as applicable_,of the_ofhcer or member related to such employee in the prohibited degree: ll) at least thirty dans, if the officer or member is appointed;or Q) at least sic months, if the officer or member is elected SECTION 8. The order in which the names of the candidates are to be printed on the ballot shall be determined by a drawing of the City Secretary as provided by section 52.094 of the Texas Election Code. The form of the ballot for the election shall be as follows: OFFICIAL BALLOT Regular Election City of Huntsville,Texas January 18,1992 INSTRUCTION NOTE: Vote for the candidate of your choice in each race by placing an"X"in the square beside the candidate's name. Councilmember,At-Large Position One (Vote for one) (candidates'name) O Councilmember,At-Large Position Two (Vote for one) (candidates' name) Councilmember,At-Large Position Three (Vote for one) 0 (candidates'name) Councilmember,At-Large Position Four (Vote for one) 0 (candidates'name) Q INSTRUCTION NOTE: Vote on each amendment to the Charter of the City of Huntsville,Texas,by placing an'W'in the square beside the statement indicating the way you wish to vote. AMENDMENT 1. The charter amendment to update state statutory references contained in charter. FOR AGAINST AMENDMENT 2. The charter amendment to conform the City election procedure with state law. FOR AGAINST AMENDMENT 3. The charter amendment to require one City Council meeting per month. FOR AGAINST AMENDMENT 4. The charter amendment to require a descriptive caption of franchise ordinance be published in the newspaper prior to adoption. FOR AGAINST AMENDMENT 5. The charter amendment to extend the period of time to file a notice of claim against the City from 45 days to six months. FOR AGAINST AMENDMENT 6. The charter amendment to prohibit any City Councilmember, officer or employee from participating in the award of a contract in which the member, officer or employee has a substantial interest. FOR AGAINST AMENDMENT 7. The charter amendment to make the City nepotism rule comply with state law. FOR AGAINST SECTION 9. The City Secretary is hereby appointed as the clerk of early voting,and City Hall 1212 Avenue M Huntsville,Texas 77340 is hereby designated as the place for early voting for the election. During the lawful early voting period,such clerk shall keep such place for early voting open for early voting from 8:00 a.m. to 5:00 p.m.on each day except Saturdays,Sundays,and official state holidays. SECTION 10. James Mathis is hereby appointed as the presiding judge of the early ballot board,and is hereby directed to perform the duties required of such by Section 87 of the Texas Election Code. SECTION 11. The Mayor and City Secretary are hereby directed to give notice of the election by: (a) causing the 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 twenty-five (25) 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 the notice at least twenty(20)days before the election; and (d) by posting at City Hall and the Walker County Courthouse bulletin boards notice of the election at least twenty(20)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 12. This notice shall take effect from and after its passage. PASSED AND APPROVED this 10' day of no 1991. THE CITY OF HUNTSVILLE By W.H.Hodges,Mayo ATT/EST: �O ]s q / /N�L1,fA AJ 1l P�(/�/C.(�Cl City Secretary AP�P�R,.�OVED ASFORM: Iwo Scott Bounds,City Attorney RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: Ordinance 91-29 Adopts Health Department Fee Increases 11-12-91 ORDINANCE NO.91-29 AN ORDINANCE AMENDING CHAPTER 6, BUILDINGS AND BUILDING, OF THE CODE OF ORDINANCES OF THE CITY OF HUNTSVILLE,TEXAS,REQUIRING AN OPERATING PERMIT FOR PUBLIC AND SEMIPUBLIC SWIMMING POOLS; AMENDING CHAPTER 8A,FOOD AND FOOD ESTABLISHMENTS,OF THE CODE OF ORDINANCES OF THE CITY OF HUNTSVILLE, TEXAS; INCREASING THE FEES FOR CITY PERMITS AND REQUIRING FOOD HANDLERS PERMIT EVERY THREE YEARS;PROVIDING A PENALTY OF UP TO$1,000.00;PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE HEREOF; AND MAKING OTHER PROVISIONS AND FINDINGS RELATED THERETO. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS,that: SECTION 1: Chapter 6,Buildings and Building,of the Code of Ordinances of the City of Huntsville, Texas, is amended by changing Subsection D(10) Standard Swimming Pool Code, of Section 6-2. Amendments to codes adopted by reference,as follows: Sec.6-2. Amendments to codes adopted by reference. (D) STANDARD SWIMMING POOL CODE. (10) Section 315 is amended to read: 315-Final Inspection; Enclosure Required; Operating Permit Required. All swimming pool installations must be completed. The pool shall be completely filled with water and in operation before final inspection. (a) For the safety of other, the pool shall be completely enclosed with an approved wall,fence or other substantial structure not less than four(4)feet in height, and so constructed as entirely to enclose the area on which the swimming pool is located and to bar all reasonable and normal access to the swimming pool except through a substantial gate or gates,or a gate which is kept locked when the swimming pool is not in use,which gates are the same height as the fence;all gates shall be provided with self-latching mechanisms that can be opened only from the interior of the pool enclosure. (b) Or,alternatively, a substantial pool cover designed for safety may be used in lieu of an approved wall,fence,or other substantial structural enclosure when the pool is not in use. (c) No person shall allow or permit any public or semiprivate pool to be in existence upon any premises under the person's ownership, possession or control unless there is a current operating permit for the pool. Each pool shall have a separate permit. A permit shall expire one(1)year from the date of issuance. There is imposed an operating permit inspection fee of thirty dollars($30.00). If the pool fails to pass inspection,the applicant may reapply for such permit. (d) Public pool means any pool open to the general public,regardless of whether a fee is charged for use of the pool. (e) Semipublic pool means any pool that is part of,or on the premises of a hotel, motel,trailer court,apartment project,or condominium complex having more than ten(10)units. (f) Nothing in this chapter shall be construed to apply to any pool owned by the state or any of its subdivisions. SECTION 2:Chapter 8A,Food and Food Establishments,of the Code of Ordinances of the City of Huntsville, Texas, is amended by changing Section 8A-1. Food handler identification card,as follows: Sec.8A-1. Food handler identification card. (a) An individual desiring to work in an establishment as a food handler must obtain a food handler identification card from the health authority within thirty(30)days from the date of his employment. (b) To obtain a food handler identification card, an individual must apply on a form furnished by the health authority and as a part of the application must: (1) State his name,address,sex and age; and (2) Request that he be admitted into a food handlers'course taught under the direction of the health authority; and (3) For the food handlers'identification card pay a fee of ten dollars ($10.00); and (4) Sign the application. (c) After an applicant complies with subsection (b) of this section, he or she shall be issued a food handlers'receipt and shall be admitted to the appropriate course. The food handler's receipt is valid as a food handler's identification for one month after the date on which it is issued. Such receipt shall not be valid if the applicant fails to complete the course for which originally registered or does not pass the test given at the end of the course. (d) The food handlers'course shall consist of courses of instruction prescribed by the health officer on the sanitary handling of food and on the statutes and ordinances relating to food handling. After an individual has completed the food handlers' course by attending all required instruction, he or she must successfully pass an examination given by the health authority on the matters covered in the course. (e) The health authority shall issue to each individual who passes the examination given under subsection (d) of this section a food handler's identification card to expire three(3)years from the date on which it was issued. (f) The food handler identification card is renewable for a successive three year period for an individual who pays a fee of ten dollars ($10.00) for the food handler identification card and completes a refresher course taught under the direction of the health authority. (g) The health authority shall issue a permanent identification card to each individual who pays a fee of ten dollars ($10.00)for the food handler identification card and completes a second refresher course,after his or her first three year renewal,taught under the direction of the health authority. (h) An individual who has misplaced a current valid food handler identification card may obtain a replacement from the health authority for a fee of two dollars($2.00). (i) The food handler identification card shall be posted in the establishment where the individual is employed in a place which is easily accessible to the health authority. (j) The owner or manager of an establishment shall return the food handler identification card to the individual upon termination of employment. (k) A copy of subsections(a)through(k)of this section shall be posted where it is easily available for employees to read. SECTION 3: Chapter 8A,Food and Food Establishments,of the Code of Ordinances of the City of Huntsville,Texas,is amended by changing Section 8A-2. Schedule of permit fees,as follows: Sec.8A-2. Schedule of permit fees. The following fees shall be assessed for the indicated food service activities: Restaurant,per year See Table#1 Grocery,per year See Table#1 Day Cares,per year See Table#2 Mobile unit operation from base store,per year $15.00 Itinerant restaurant,per fifteen(15)days 15.00 Nonprofit organizations, per year 15.00 Bars(drinks only) 50.00 Public Schools 50.00 Table#1 Table#2 Sq.Footage of Occupancy Space Fee Number of Employees Fee 0-2999 $50.00 1-2 $24.00 3000-4999 75.00 3-6 36.00 5,000-14,999 100.00 7-14 60.00 15,000+ 150.00 15+ 84.00 SECTION 4:Any person,firm,or corporation violating any provisions of this Ordinance or failing to comply with any requirement of this Ordinance will be guilty of a misdemeanor and subject to a fine of up to one thousand dollars ($1,000) upon conviction. Each day during or upon which said person shall violate or continue violation of any provision of this Ordinance or non-compliance with any requirement of this Ordinance shall constitute a distinct and separate offense. The violation of any provision of this Ordinance or the failure to comply with any requirement of this Ordinance shall each constitute a distinct and separate offense. SECTION 5:If any section, subsection, sentence, clause, phrase or portion of the Ordinance for any reason shall be held invalid or unconstitutional, such portion shall be deemed a separate,distinct and independent provision and such holding shall not affect any of the remaining provisions of this Ordinance. SECTION 6:All Ordinances and parts of Ordinances in conflict with the provisions of this Ordinance are hereby repealed;provided,however,that such repeal shall be only to the extent of such inconsistency and in all other respects this Ordinance shall be cumulative of other Ordinances regulating and governing the subject matter covered by this Ordinance. SECTION 7:The City Secretary is hereby directed to cause the caption of this Ordinance to be published at least twice within ten (10) days of final passage. This Ordinance is to take effect ten(10; �l-&)days afterthe 'date of final passage. PASSED AND APPROVED this l� y day of / 0V(!' 1t , 1991. THE CITY OF HUNTSVILLE 0 by W.H.Hodges. ay ATTEST: City Secretary APPROVED AS TO FORM: '/�.g'�� Scott Bo ds,City Attorney RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: Ordinance 91-30 C.O.for an 8 Yard Diesel Powered Dump Truck 11-12-91 ORDINANCE NO.91-30 AN ORDINANCE AUTHORIZING PUBLICATION OF NOTICE TO BIDDERS AND NOTICE OF INTENTION TO ISSUE CERTIFICATES OF OBLIGATION FOR AN 8 YARD DIESEL POWERED DUMP TRUCK;AND MAKING VARIOUS PROVISIONS RELATED THERETO. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS,that: SECTION 1:The City Manager is hereby authorized and directed to cause to be published a notice to bidders and notice to issue Certificates of Obligation in substantially the following form: NOTICE TO BIDDERS AND NOTICE OF INTENTION TO ISSUE CERTIFICATES OF OBLIGATION FOR AN 8 YARD DIESEL POWERED DUMP TRUCK BID NO.92-7 NOTICE IS HEREBY GIVEN that the City of Huntsville,Texas,is now accepting sealed bids for a new and unused 8 yard diesel powered dump truck. Bids will be received until 10:30 a.m.,Friday, December 3, 1991,in the City of Huntsville Council Chambers, 1212 Avenue M. The City Council tentatively proposes to purchase a dump truck and to authorize issuance of Certificates of Obligation,in accordance with the terms and provisions of this notice, at its December 10, 1991,meeting or at a subsequent meeting of the City Council in City Hall. Copies of specifications are on file and may be obtained or examined at the office of the Purchasing Department of the City at the City Service Center,80 Highway 75 North. The City reserves the right to accept any bid deemed most advantageous, including alternates, to reject any or all bids,and to waive any informality in any bid. It is the intention of the City to pay all or any part of any contractual obligation to be incurred for such purchase by the issuance of Certificates of Obligation of the City under Texas Local Government Code Chapter 271 and payable from City ad valorem taxes,in the maximum aggregate principal amount of$38,000.00,bearing interest at a rate not in excess of that prescribed by Texas Revised Civil Statutes Article 717k-2,and maturing over a period of years not to exceed 20 years from the date thereof. The successful bidder will be required to accept such Certificates of Obligation in payment of all or any part of the contract price. The City Council has made provisions for each contractor to sell and assign such Certificates of Obligation and each bidder is required to elect whether he will accept such Certificates in payment of all or a part of the contract price,or assign such Certificates in accordance with such arrangements. SECTION 2:The notice set forth in Section 1 shall be published once a week for two(2) consecutive weeks in the Huntsville Item,a paper that is of general circulation in the City of Huntsville and that has been duly designated as the official newspaper of the City. The date of first publication shall not be less than fourteen (14) days prior to the date set in the notice for the receipt and opening of bids by the City. SECTION 3:This ordinance shall take effect and be in full force and effect immediately after its passage. �y1 PASSED AND APPROVED this �� day of I L-U-Q- l,fa , 1991. THE CITY OF HUNTSVILLE,TEXAS by �WH.Hodges,May r ATTEST: City Secretary APPROVED AS TO FORM: Scott Bounds,City Attorney RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: Ordinance 91-31 Exempt Cemeteries-Subdivision Requirements 11-26-91 ORDINANCE NO.91-31 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, EXEMPTING CERTAIN CEMETERIES FROM CERTAIN SUBDIVISION REQUIREMENTS; AND MAKING OTHER FINDINGS AND PROVISIONS RELATED THERETO. WHEREAS state law presently restricts the development or use of cemeteries within the City and its extraterritorial jurisdiction(Texas Health and Safety Code chapter 711);and WHEREAS the Huntsville Code of Ordinances presently restricts the burial of dead bodies in the City(Huntsville Code of Ordinances Sec.13-3);and WHEREAS the City Council of the City of Huntsville desires to accommodate the growth of its historic Oakwood Cemetery; NOW,THEREFORE,be it ordained by the City Council of the City of Huntsville,Texas, that: SECTION 1:Section 202. Unauthorized Division of Land Prohibited,of the Development Code of the City of Huntsville,Texas,is hereby amended by the addition of a new subparagraph (5)that shall read as follows: (5) The provisions of this chapter shall not apply to the laying out of cemetery lots to an addition of the Oakwood Cemetery if no public street is constructed or dedicated. SECTION 2:This ordinance shall take effect immediately. Approved this the 269 day of November, 1991. THE CITY OF HUNTSVILLE W.H.Hodges, ayor ATT ST: City Secretary AP OVE AS TO FORM: LV Scott Bo ds,City Attorney RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: Ordinance 91-32 Redistricting of COH 11-26-91 ORDINANCE NO.91- 32 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, REDISTRICTING THE CITY OF HUNTSVILLE. WHEREAS the City of Huntsville is presently divided into four wards;and WHEREAS state law requires that County election precinct boundaries follow City ward lines in cities with wards and a population greater than 10,000(Texas Election Code§42.005);and WHEREAS state law requires that Walker County redistrict to correct malapportionment of population between County Commissioner precincts(Texas Election Code §42.031);and WHEREAS it is the interest of the City,the County,and the voters of each to simplify boundaries of election precincts and to use a common numbering system to the extent practical; and WHEREAS the City Council of the City of Huntsville, desires to accommodate the redistricting efforts of the Commissioners Court of Walker County;and NOW,THEREFORE,be it ordained by the City Council of the City of Huntsville,Texas, that: SECTION 1: Council Ward No.I is redistricted to contain the following described property: Beginning at the intersection of the centerlines of State Highway 30 (11th Street)with State Highway 75 North(Avenue Q); Thence,northwesterly,with the centerline of State Highway 75 North,same being a west boundary Ward 3,to its intersection with the centerline of F. M.2821; Thence,easterly,with the centerline of F.M.2821 to its intersection with the centerline of Rosenwall Road(a continuation of Smith Hill Road); Thence, northwesterly, with the centerline of Rosenwall Road to its intersection with the northern limits of the City of Huntsville,same being also the northern boundary of the Texas Department of Criminal Justice's Wynne Unit; Thence, with the north city limits west, south, west, north, and west to a concrete monument in the south boundary of a county road,said monument being the northwest corner of the city limits; Thence,continuing with the west city limits,south,at approximately 2700 feet pass centerline of Interstate Highway 45, and continuing to intersect the centerline of State Highway 75 North; Thence,departing the city limits and following the centerline of State Highway 75 North,easterly to intersect the centerline of Interstate Highway 45; Thence,with centerline Interstate Highway 45, southeasterly to intersect a southwesterly extension of the centerline of Eastham Drive; Thence, with said centerline, northeasterly to intersect the centerline of Elmwood Street; Thence, with said centerline, southeasterly to intersect the centerline of Crosstimbers Street; Thence,with said centerline and its westward extension,west to intersect the centerline of Interstate Highway 45; Thence, with said centerline, southeasterly to intersect a southwesterly extension of the centerline of 19th Street; Thence,with said centerline,east to intersect the centerline of Sam Houston Avenue(S.H.75); Thence,with said centerline,north to intersect the centerline of 17th Street; Thence,with said centerline,east to intersect the centerline of Avenue J; Thence,with said centerline,north to intersect the centerline of 16th Street; Thence,with said centerline,east to intersect the centerline of Avenue 1,said intersection being also the most northerly northeast corner of Ward 2 and on the west boundary of Ward 3; Thence,with said centerline, north to an intersection with the centerline of 11th Street(S.H.30,S.H.19,and U.S.190); Thence,with said centerline,west and southwest to the Point of Beginning. SECTION 2:Council Ward No.2 is redistricted to contain the following described property: Beginning at the intersection of the centerline of 16th Street with the centerline of Avenue I, said intersection being the most easterly southeast corner of Ward 1 and being on the west boundary of Ward 3; Thence,with the original centerline of Avenue I(now abandoned),south to intersect the centerline of 20th Street; Thence, with centerline of 20th Street, west to intersect the centerline of Avenue J; Thence, with said centerline, south, passing through South Sam Houston Avenue (at which point Avenue J becomes Lake Road) and continuing southward,pass the centerline of Interstate Highway 45(at which point Lake Road merges with Montgomery Road [FM 1374]) and continuing with the centerline of Montgomery Road,intersect the north boundary (extended)of the Region VI Education Service Center; Thence,following the boundaries of said center, northwest, southwest, and southeast(extended)to re-enter the centerline of Montgomery Road; Thence,with the centerline of Montgomery Road,southwesterly to intersect the centerline(extended)of Pine Hill Road; Thence,with said centerline,west,to intersect the western city limits; Thence,with said city limits line in a generally northerly direction to intersect the centerline of State Highway 75 North at the most westerly southwest corner of Ward 1; Thence,departing the city limits and following the centerline of State Highway 75 North,easterly to intersect the centerline of Interstate Highway 45; Thence,with centerline Interstate Highway 45, southeasterly to intersect a southwesterly extension of the centerline of Eastham Drive; Thence, with said centerline, northeasterly to intersect the centerline of Elmwood Street; Thence, with said centerline, southeasterly to intersect the centerline of Crosstimbers Street; Thence,with said centerline and its westward extension,west to intersect the centerline of Interstate Highway 45; Thence, with said centerline, southeasterly to intersect a southwesterly extension of the centerline of 19th Street; Thence,with said centerline,east to intersect the centerline of Sam Houston Avenue(S.H.75); Thence,with said centerline,north to intersect the centerline of 17th Street; Thence,with said centerline,east to intersect the centerline of Avenue J; Thence,with said centerline,north to intersect the centerline of 16th Street; Thence,with said centerline,east to the Point of Beginning. SECTION 3:Council Ward No.3 is redistricted to contain the following described property: Beginning at the intersection of the centerlines of State Highway 30 (11th Street)with State Highway 75 North(Avenue Q); Thence,northwesterly,with the centerline of State Highway 75 North,same being the east boundary Ward One,to its intersection with the centerline of F.M.2821; Thence,easterly,with the centerline of F.M.2821 to its intersection with the centerline of Rosenwall Road(a continuation of Smith Hill Road); Thence, northwesterly, with the centerline of Rosenwall Road to its intersection with the northern limits of the City of Huntsville,same being also the northern boundary of the Texas Department of Criminal Justice's Wynne Unit; Thence,with the meanders of the northern city limits in a generally eastern direction to the northeast corner of the city limits; Thence,continuing with the eastern city limits in a generally south course to its intersection with the south right-of-way line of the Missouri Pacific Railroad, said point being also the northeast corner Ward 4; Thence, with said right-of-way line and the north boundary Ward 4, in a westerly direction to intersect the centerline(extended)of Bowers Boulevard; Thence,with said centerline and ward boundary,west to its intersection with the centerline of Avenue H and,continuing westerly along the centerline of a paved private street,to intersect the centerline of Avenue I; Thence,departing the north boundary Ward 4 and with the centerline,as it existed, of Avenue I (now abandoned) northerly, to the centerline of 16th Street,same being also the common east corner of Wards 1 and 2; Thence,continuing with the actual centerline of Avenue I,north to intersect the centerline of 11th Street(S.H.30,S.H. 19,and U.S. 190); Thence,with said centerline,west and southwest to the Point of Beginning. SECTION 4:Council Ward No.4 is redistricted to contain the following described property: Beginning at the intersection of the centerline of 20th Street with the centerline of Avenue I,said intersection being a middle re-entry corner of Ward 2 and being the southwest corner of Ward 3; Thence,with the centerline of 20th Street,west to intersect the centerline of Avenue J; Thence, with said centerline, south passing through South Sam Houston Avenue (at which point Avenue J becomes Lake Road) and continuing southward,pass the centerline of Interstate Highway 45(at which point Lake Road merges with Montgomery Road [FM 13741) and continuing with the centerline of Montgomery Road,intersect the north boundary(extended)of the Region VI Education Service Center. Thence,following the boundaries of said center, northwest,southwest, and southeast to re-enter the centerline of Montgomery Road; Thence,with the centerline of Montgomery Road,southwesterly to intersect the centerline(extended)of Pine Hill Road; Thence,with said centerline,west,to intersect the western city limits; Thence,with the western city limits,south to its southwest corner; Thence,continuing with the southern city limits in a general easterly direction to its southeast corner at the southeast corner of the Texas Department of Criminal Justice's Goree Unit; Thence, with the eastern City limits, northwest, west, and north to its intersection with the south right-of-way for the Missouri Pacific Railroad,said point being also the southeast corner Ward 3; Thence, with said right-of-way, northwesterly to its intersection with the centerline(extended)of Bowers Boulevard; Thence,with said centerline,westerly to its terminus at its intersection with the centerline of Avenue H; Thence,generally following the centerline of a paved private street,westerly to the Point of Beginning. SECTION 5:This ordinance shall take effect immediately from and after its passage by City Council. Passed and approved this Z(v day of November, 1991. THE CITY OF HUNTSVILLE V. Hodges,MayorV - A EST: City A cretary AP VE A TO FOR Sc t Bo nd,City Attorney RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: Ordinance 91-33 Amending Ch.2-Adm.,Adopt Article VII 12-10-91 ORDINANCE NO.91-33 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, AMENDING CHAPTER 2, ADMINISTRATION, OF ITS CODE OF ORDINANCES; ADOPTING A NEW ARTICLE VII. ETHICS;AND MAKING OTHER FINDINGS RELATED THERETO. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE,TEXAS, THAT: SECTION 1: Chapter 2. Administration, of the Code of Ordinances of the of Huntsville, Texas,is amended by the adoption of a new Article VII. Ethics,that shall read as follows: ARTICLE VII. ETHICS. 2-90. Purchases from Elected City Officials Prohibited. The City of Huntsville shall not purchase any property, goods or services from an elected official of the City. 2-91. Exception for Real Property. The City Council may,without condemnation,purchase real property in which an elected official of the City has a substantial interest if the City: (a) gets two appraisals of the property by certified appraiser; (b) posts notice of the proposed purchase at least three weeks prior to the purchase; and (c) purchases the property for less than the lowest appraisal. SECTION 2:This ordinance shall take effect immediately. PASSED AND APPROVED this D" day of 1991. THE CITY OF HUNTSVILLE W.H.Hodges,Mayor ATTEST: Danna Welter,Acting City Secretary APPROVED AS TO FORM: Scott Bounds,City Attorney RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: Ordinance 91-34 Equipment Acquisition C.O.for$34,598 12-10-91 ORDINANCE NO 91- 34 AN ORDINANCE AUTHORIZING ISSUANCE OF A CITY OF HUNTSVILLE, TEXAS, EQUIPMENT ACQUISITION CERTIFICATE OF OBLIGATION IN THE AMOUNT OF $34,598; AND CONTAINING OTHER PROVISIONS RELATED TO THE SUBJECT. WHEREAS the City Council of the City of Huntsville received competitive bids for a 1992 Diesel Powered 8 Yard Dump Truck,and awarded a contract for the purchase of such equipment in accordance with Texas Local Government Code Chapter 271 to Barrett Motor Co.,in the amount of$34,598;and WHEREAS the City published notice of intention to issue a Certificate of Obligation payable from City ad valorem taxes for the purpose of evidencing the indebtedness of the City for all or part of the purchase of the 1992 diesel powered 8 yard dump truck at an amount not to exceed$38,000;and WHEREAS the notice of intention to issue a Certificate of Obligation was published at the times and in the manner required by Texas Local Government Code Chapter 271 on November 15, 1991,. and November 22, 1991; NOW,THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE,TEXAS; that: Section is The City Council ratifies the contract with Barrett Motor Co.to purchase the 1992 diesel powered 8 yard dump truck and hereby confirms the purchase of such equipment. Section 2: An interest bearing Certificate of Obligation of the City of Huntsville,Texas, to be known and designated as "City of Huntsville, Texas, Equipment Acquisition Certificate of Obligation" is hereby authorized to be issued and delivered in the principal amount of$34,598 for the purpose of acquiring the 1992 diesel powered 8 yard dump truck for use by the City,and the Mayor and City Secretary shall have joint control of the certificate for the purpose of delivering same to the owner in accordance herewith. Section 3: The Certificate shall be dated December 10, 1991, shall mature and be payable in five (5) equal installments (subject to the City's option of prior payment), shall be registered as hereinafter set forth, and shall be in the following basic form,to-wit: Dated: December 10, 1991 Amount: $34,598.00 Issued: Register No. 91- UNITED STATES OF AMERICA COUNTY OF WALKER STATE OF TEXAS CITY OF HUNTSVILLE, TEXAS, EQUIPMENT ACQUISITION CERTIFICATE OF OBLIGATION The City of Huntsville, a Municipal Corporation of the State of Texas, acknowledges itself indebted to and FOR VALUE RECEIVED hereby promises to pay to the registered owner hereof in installments and on the dates as below indicated the total sum of THIRTY FOUR THOUSAND FIVE HUNDRED NINETY-EIGHT AND NO/100 DOLLARS ($34,598.00) in lawful money of the United States of America, with interest thereon from date of issue until paid at the rate of per cent per annum, payable on , and annually thereafter on the day of of each and every year as hereinafter provided until suchsum is fully paid BOTH PRINCIPAL AND INTEREST on this Certificate of Obligation are hereby made payable in Huntsville, Walker County, Texas, without exchange or collection charges to the registered owner hereof, with such payments to be due on the dates and in the amounts as follows: DATE PRINCIPAL INTEREST TOTAL 1992 $ $ $ 1993 1994 1995 1996 The City reserves the right to prepay all or any part of this Certificate at any time prior to the due date or maturity thereof without premium or penalty of any kind. It is hereby certified and recited that all acts, conditions and things required to be done precedent to and in the issuance of this Certificate of Obligation, to render the same lawful and valid have been properly done, have happened and have been performed in regular and due time, form and manner as required by law; that due and proper provision has been made for the levy of a direct and continuing annual ad valorem tax against all taxable property within the said City sufficient to pay the interest on this Certificate of Obligation as due and to provide for the payment of each installment of principal as same matures; that the City has received full value and consideration for this Certificate of Obligation and that the total indebtedness of the City of Huntsville, including this Certificate of Obligation, does not exceed any constitutional or statutory limitation. This Certificate shall be registered as to principal and interest in the owner's name upon books of the City to be kept for that purpose at the office of the Finance Director of the City, the registrar, such registration to be noted hereon. After such registration, no transfer of this Certificate shall be valid unless made on said books at the request of the registered owner hereof, or his duly authorized agent, and similarly noted hereon. IN TESTIMONY WHEREOF the City Council has caused the seal of said City to be impressed hereon and this Certificate of Obligation to be signed by the Mayor and attested to by the City Secretary, the date of this Certificate of Obligation being the day of , 1991. DATE OF INITIAL DELIVERY OF THIS CERTIFICATE: LL HODGES, MAYOR ATTEST: City Secretary ASSIGNMENT AND TRANSFER Full consideration therefor being hereby acknowledged, this Certificate of Obligation was delivered to Barrett Motor Co., the original holder, on this date, to-wit: and by it hereby assigned and transferred to BARRETT MOTOR CO. By CERTIFICATE OF REGISTRATION IT IS HEREBY CERTIFIED that I have this day registered this Certificate as to principal in the name of the holder as indicated in the registration blank below, on the books kept by me for such purpose. The principal of and interest on this Certificate shall be payable only to the registered holder named in the below registration blanks. Signature of Name of Date of Finance Director Registered Holder Registration (Registrar) Section 4: While the Certificate of Obligation or installment thereof is outstanding and unpaid,there shall be annually levied,assessed and collected in due time,form and manner a tax upon all of the taxable property in said City sufficient to pay the current interest thereon and to create sinking fund sufficient to pay each installment of principal as same becomes due, or a sinking fund of 2%, whichever is greater; and in order to pay the interest on the Certificate of Obligation for the first year and to create a sinking fund with which to pay the principal as the same becomes due, or a sinking fund of 2%,whichever is greater, there is hereby levied a sufficient tax on each ONE HUNDRED DOLLARS valuation of taxable property in said City for the current year and the same shall be assessed and collected and applied to the purposes named; and while the Certificate of Obligation is outstanding and unpaid,a tax each year at a rate from year to year as will be ample and sufficient to provide funds to pay the then current interest on the Certificate of Obligation and to provide the necessary sinking fund, full allowance being made for delinquencies and costs of collection, shall be and is hereby levied for each year,respectively,and said tax shall each year be assessed and collected and applied to the payment of the principal of and interest on the Certificate of Obligation, to be kept separate and apart from all other funds of the City. The City Council hereby declares and covenants that it will provide and levy a tax legally and fully sufficient for the Certificate of Obligation, it having been determined that the existing and available taxing authority of the City for such purposes is adequate to permit a legally sufficient tax in consideration of all other outstanding obligations. Section 5: The Mayor and City Secretary are hereby empowered and directed to proceed with the delivery of the Certificate of Obligation and the closing of said acquisition at the earliest practicable date and are authorized to complete the same in accordance with the terms hereof and to do all things necessary or prerequisite thereto. Section 6: The Certificate shall bear interest from the date of initial delivery shown on the face of each Certificate at a rate per annum not in excess of that prescribed by Article 717k-2,Texas Revised Civil Statutes,as amended,until maturity, or upon prepayment. At the time the Certificate of Obligation is issued the Certificate shall be registered and recorded by such register number on the books of said City to the registered owner thereof. Section 7: That the public importance of this measure and the fact that it is to the best interest of the City to acquire the equipment herein contemplated at the earliest possible date, for the immediate preservation of the public peace, property,health,and safety of the City and its citizens,creates an emergency and an imperative public necessity and this ordinance shall take effect and be in force from and after its passage and approval, and it is so ordained. Section 8: Notwithstanding any other provision in the within ordinance to the contrary, as to the authorized issuing date for the Certificate of Obligation, the certificate shall be dated and bear interest from date of delivery and execution by the Mayor and City Secretary. PASSED AND APPROVED this 10th day of December, 1991. CITY OF HUNTSVILLE,TEXAS Bill Hodges,Mayor ATTEST: City Secretary APPROVED AS TO FORM: \J� Scott Bounds,City Attorney RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: Ordinance 91-35 Updated Service Credit 12-17-91 ORDINANCE NO.91-35 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE,TEXAS,AUTHORIZING AND ALLOWING UNDER THE ACT GOVERNING THE TEXAS MUNICIPAL RETIREMENT SYSTEM, "UPDATED SERVICE CREDITS"IN THE SYSTEM ON AN ANNUAL BASIS FOR SERVICE PERFORMED BY QUALIFYING MEMBERS OF SUCH SYSTEM WHO AT THE EFFECTIVE DATE OF THE ALLOWANCE ARE IN THE EMPLOYMENT OF THE CITY OF HUNTSVILLE; PROVIDING FOR INCREASED PRIOR AND CURRENT SERVICE ANNUITIES FOR RETIREES AND BENEFICIARIES OF DECEASED RETIREES OF THE CITY; AND ESTABLISHING AN EFFECTIVE DATE FOR THE ORDINANCE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS,that: SECTION 1:Authorization of Updated Service Credits. (a) On the terms and conditions set out in Sections 853.401 through 853.404 of Subtitle G of Title 8,V.T.C.A.,Government Code,as amended(hereinafter referred to as the "TMRS ACT"),each member of the Texas Municipal Retirement System(hereinafter referred to as"System")who has current service credit or prior service credit in the System in force and effect on the 1st day of January of the calendar year preceding such allowance, by reason of service in the employment of the City of Huntsville (hereinafter called the"City"),and on such date had at least 36 months of credited service with the System,shall be and is hereby allowed"Updated Service Credit"(as that term is defined in subsection (d)of Section 853.402 of the TMRS Act). (b) On the terms and conditions set out in Section 853.601 of the TMRS Act, any member of the System who is eligible for Updated Service Credits on the basis of service with this City, who has unforfeited credit for prior service and/or current service with another participating municipality or municipalities by reason of previous service, and was a contribution member on January 1, 1991,shall be credited with Updated Service Credits pursuant to,calculated in accordance with,and subject to adjustment as set forth in Section 853.601,both as to the initial grant hereunder and all future grants under this ordinance. (c) The Updated Service Credit hereby allowed and provided for shall be 100%of the "base Updated Service Credit"of the member(calculated as provided in subsection (c)of Section 853.402 of the TMRS Act). (d) Each Updated Service Credit allowed hereunder shall replace any Updated Service Credit,prior service credit,special prior service credit,or antecedent service credit previously authorized for part of the same service. (e) In accordance with the provisions of subsection(d)of Section 853.401 of the TMRS Act, the deposits required to be made to the System by employees of the several participating departments on account of current service shall be calculated from and after the effective date of this ordinance on the full amount of such person's compensation as an employee of the City. SECTION 2: Increase in Retirement Annuities. (a) On terms and conditions set out in Section 854.203 of the TMRS Act, the City hereby elects to allow and to provide for payment of the increases below stated in monthly benefits payable by the System to retired employees and to beneficiaries of deceased employees of the City under current service annuities and prior service annuities arising from service by such employees of the City. An annuity increased under this Section replaces any annuity or increased previously granted to the same person. (b) The amount of the annuity increase under this Section is computed as the sum of the prior service and current service annuities of the effective date of retirement of the person on whose service the annuities are based,multiplied by 70%of the percentage change in Consumer Price Index for All Urban Consumers,from December of the year immediately preceding the effective date of the person's retirement to the December that is 13 months before the effective date of this Section. (c) An increase in an annuity that was reduced because of an option selection is reducible in the same proportion and in the same manner that the original annuity was reduced. (d) If a computation hereunder does not result in an increase in the amount of an annuity, the amount of the annuity will not be changed hereunder. (e) The amount by which an increase under this Section exceeds all previously granted increases to an annuitant is an obligation of the City and of its account in the municipality accumulation fund of the system. SECTION 3:Dates of Allowances and Increases. The initial allowance of Updated Service Credit and increase in retirement annuities hereunder shall be effective on January 1,1992,subject to approval by the Board of Trustees of the System. SECTION 4:Effective Date. Subject to approval by the Board of Trustees of the System, this ordinance shall be and become effective on the 1st day of January 1992. PASSED AND APPROVED this the day of December, 1991. THE CITY OF HUNTSVILLE /hi %/ �2 by: W.H.116dges,Mayor ATTEST: Danna L.Welter,City Secretary APPROVED AS TO FORM: low 16 Scott Bounds,City Attorney RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: Ordinance 91-36 Taxicabs&Other Vehicles For Hire 12-17-91 ORDINANCE NO.91- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, AMENDING CHAPTER 16, TAXICABS; REGULATING TAXICABS AND OTHER VEHICLES FOR HIRE;REQUIRING OPERATING PERMITS FOR TAXICABS;REQUIRING TAXI METERS;PROVIDING SCHEDULES OF CHANGES FOR TAXICAB SERVICE; REQUIRING RECEIPTS, REQUIRING CHAUFFEUR'S LICENSE FOR DRIVERS;PROVIDING FOR REVOCATION OF PERMITS AND LICENSES;REGULATING VEHICLES AND EQUIPMENT; REGULATING THE SOLICITING OF PASSENGERS,ESPECIALLY IN THE AREA IN THE WALLS AREA; REGULATING OTHER VEHICLES FOR HIRE, ESPECIALLY IN THE WALLS AREA; REQUIRING INSURANCE, MANIFESTS AND OTHER RECORD KEEPING;PROHIBITING CERTAIN ACTIVITIES RELATED TO OPERATION OF TAXICABS AND OTHER VEHICLES FOR HIRE; PROVIDING A FINE OF UP TO $1,000 FOR EACH VIOLATION OF THE ORDINANCE;AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS,THAT: SECTION 1: Chapter 16.Taxicabs, of the Code of Ordinances of the City of Huntsville, Texas,is hereby amended to read as follows: Chapter 16. Taxicabs and Other Vehicles for Hire. Chapter 16 Taxicabs and Other Vehicles for Hire City of Huntsville CONTENTS Article 1. In General 16-01. Statement of Policy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 16-02_ Definitions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 Article 1I. Operating Permit 16-03. Required . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 16-04_ Granted by the chief of police--Service requirements. . . . . . . . . . . . . . 3 16-05. Application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 16-06. Permit fees--Granting of operating permit. . . . . . . . . . . . . . . . . . . . 4 16-07. Expansion of number of vehicles authorized by operating permit. . _ . _ . . 5 16-08. Suspension or revocation and appeal. . . . . . . . . . . . . . . . . . . . . . . . 5 16-09. Display of permit. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 16-10. Use of permit. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 16-11_ Substitution of vehicle operated under permit. . . . . . . . . . . . . . . . . . 7 16-12. Revocation of permit--Removal of all identifying markers. . . . . _ . . . . . 7 16-13. Taximeters required--Specifications. . . . . . . . . . . . . . . . . . . . . . . . 8 16-14. Taximeter--Inspections--Approval--Maintenance. . . . . . . . . . . . . . . . . 9 16-15. Taximeter--Operation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 16-16. Taximeter—When to be in the earning position. . . . . . . . . . . . . . . . . 9 16-17. Taximeter--Breaking seal,adjusting. . . . . . . . . . . . . . . . . . . . . . . . 9 16-18. Taximeter--Encasement of wires. . . . . . . . . . . . . . . . . . . . . . . . . 10 16-19. Schedules--Adults--School children. . . . . . . . . . . . . . . . . . . . . . . 10 16-20. Schedules--Children. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 16-21. Schedules--Luggage. 11 16-22. Schedules--Dogs. 11 16-23. Schedules--Joint trips. 11 16-24. Attempt to defraud passenger. 12 16-25. Time calls. 12 16-26. Fare card. 12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16-27. Receipt for fares. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 Article I11. Chauffeur's License for Drivers 16-28. Required. 13 16-29. Application generally. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 16-30. Chauffeur's license fee. 14 16-31. Application--Issuance. 14 16-32. Denial of chauffeur's license. . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 16-33. Revocation. 15 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16-34. Display. 15 Article IV.Vehicles and Equipment 16-35. False representation as a taxicab. . . . . . . . . . . . . . . . . . . . . . . . . . 15 16-36. Vehicle requirements and inspections. . . . . . . . . . . . . . . . . . . . . . . 16 16-37. Required equipment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 16-38. Vehicle color scheme and distinctive markings. . . . . . . . . . . . . . . . . 19 16-39. Required vehicle identification--Generally. . . . . . . . . . . . . . . . . . . . 20 16-40. Required vehicle identification--Number assigned by city--Issuance of certificate. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 Article V. Service Regulation 16-41. City-wide taxicab service required. . . . . . . . . . . . . . . . . . . . . . . . . 20 16-42. Representation of availability of taxicab. . . . . . . . . . . . . . . . . . . . . . 21 16-43. Refusal to convey passengers. . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 16-44. Passenger limitations. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 16-45. Carrying passengers by direct route. . . . . . . . . . . . . . . . . . . . . . . . 22 16-46. Exclusive use. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 16-47. Receiving or discharging passengers in roadway. . . . . . . . . . . . . . . . . 22 16-48. Soliciting of passengers within the Walls area. . . . . . . . . . . . . . . . . . 23 16-49. Hearings. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 Article VI. Regulations Affecting Taxicabs and Other Vehicles for Hire 16-50. Staging for Walls area. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 16-51. Staging area--Regulations for use. . . . . . . . . . . . . . . . . . . . . . . . . . 24 16-52. Ground transportation service--Boarding for Walls area . . . . . . . . . . . . 24 16-53. Boarding areas--Regulations for use. . . . . . . . . . . . . . . . . . . . . . . . 24 16-54. Conduct of drivers. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 16-55. Return of passenger's property. . . . . . . . . . . . . . . . . . . . . . . . . . . 26 16-56. Service regulations for business establishments requesting taxicabs for customers. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 Article VII. Miscellaneous Holder and Driver Regulations 16-57. Holder's and driver's duty to comply. . . . . . . . . . . . . . . . . . . . . . . 26 16-58. Holder's duty to enforce compliance by drivers. . . . . . . . . . . . . . . . . 27 16-59. Driver as independent contractor. . . . . . . . . . . . . . . . . . . . . . . . . . 27 16-60. Insurance. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 16-61. Driver's manifest sheets. . . . . . . . . . . . . . . . . . . . . . . . „ , _ _ , . 29 16-62. Holder's records and reports. . . . . . . . . . . . . . . . . . . . . . . . 29 Chapter 16 TAXICABS AND OTHER VEHICLES FOR HIRE Article L In General Sec. 16-01. Statement of Policy This chapter governs the operation of vehicles for hire for ground transportation purposes. The chapter,however,is not a limitation on the power of the city council to incorporate in a grant of operating authority special provisions relating to the operation of the ground transportation service particular to the grant. To the extent that a special provision conflicts with this chapter,the special provision controls. Sec. 16-02. Definitions For the purposes of this chapter: A. Annual permit means permission granted by the city to a person to operate a taxicab service in the city for a period of time stated in the permit,renewable under the provisions of this chapter. B. Application means the written request required for an annual permit and/or city chauffeur's license. C. Boarding area means a public street place alongside the curb or curb lines of a street which has been designated by the city as reserved exclusively for the use of taxicabs, or other vehicles for hire that have been permitted by the railroad commission,for ground transportation services for providing rides for compensation in accordance with the provisions of this chapter. D. Holder means a person who is granted an annual permit under this chapter. E. Manifest means the daily record prepared by a driver upon which appears his/her name and vehicle number; date and hours of operation; time, place, origin, and destination of each trip;number of passengers and amount of fare and other charges; and all other information as required by this chapter. F. Other vehicles for hire are those vehicles, other than taxicabs, that are permitted through the Railroad Commission for the ground transportation of passengers,over routes other than fixed routes,within the boundaries of the state of Texas. G. Passenger means an individual,other than a driver,being transported by a taxicab or other vehicle for hire. Page 2 H. Person means an individual,partnership,corporation,company,association,co-op or other legal entity. I. Rated passenger capacity means that designated in number by the manufacturer,or, if none,that designated in number by the chief of police. J. Staging area means a public street place alongside the curb or curb lines of a street which has been designated by the city as reserved exclusively for the use of taxicabs, or other vehicles for hire that have been permitted by the railroad commission,for ground transportation services,while waiting to occupy an open space in a taxicab stand. K. Taxicab means every automobile or motor-propelled vehicle,with a rated passenger capacity of seven(7)or less,used for the transportation of passengers for hire over the public streets of the city irrespective of whether or not the operation extends beyond the limits of the city,but does not include: 1. Vehicles moving on fixed rails; 2. Vehicles used for mass transportation and of the size and design commonly called buses and moving on fixed routes and schedules; 3_ The vehicles which are rented to another and in the possession and control of the person renting the same,the services of a driver not being furnished therewith; 4. Vehicles not used in the business of transportation,but used occasionally for the transportation of selected passengers by private and special arrangements. 5. Vehicles used for transportation in limousine or van services, which provide transportation for hire,not over fixed route,by means of an limousine,extended limousine, or van operated by chauffeurs, on the basis of telephone contract, written contract,or other prearrangement. 6. Vehicles that are permitted through the Railroad Commission for the ground transportation of passengers, over routes other than fixed routes, within the boundaries of the state of Texas. L. Taximeter means a device that mechanically or electronically computes, records and/or indicates a fare based upon the distance travelled,the time a vehicle for hire is engaged and any other basis for charges which are specified in the rate ordinance pertaining to the holder. Page 3 M. Walls area means that area bounded by 11th Street,University Avenue,13th Street, and Avenue H. Article Il. Operating Permit Sec. 16-03. Required A. A person commits an offense if the person operates a taxicab service inside the city without an operating permit granted under this chapter. B. A person commits an offense if the person transports a passenger for hire inside the city by taxicab unless the person driving the taxicab or another who employs or contracts with the driver has been granted an operating permit under this chapter. C. No person shall engage or hire a taxicab that the person knows does not have an operating permit from the city. D. No vehicle permitted as a taxicab may be operated as a limousine. Sec. 16-04. Granted by the chief of police--Service requirements. Before an operating permit is granted,the application for the permit must be approved by the chief of police.The permit shall not be granted unless: A. The applicant is fit, willing and able to operate the taxicab service in accordance with the requirements of this chapter and other applicable law;and B. The applicant has furnished the information required by section 16-05 of this article. Sec. 16-05. Application To obtain an operating permit,a person shall make application to the chief of police in the manner prescribed by this section. The applicant must be the person who shall own, control or operate the proposed taxicab service. An applicant shall file with the chief of police a written,verified application statement containing the following: A. Name,address and verified signature of the applicant; Page 4 B. The form of business of the applicant;if the business is a partnership,applicant must furnish a copy of the partnership agreement and the name and address of each of the partners; if the business is a corporation, applicant must furnish a copy of the corporate articles of incorporation,a certificate of good standing from the state and the name and address of the officers and directors of the corporation; and if the business is operating under an assumed name, applicant shall provide evidence or registration of the assumed name with the county clerk. C. Description of any past business experience of the applicant, particularly in providing passenger transportation services; D. The number of vehicles and description (including motor identification number, license plate number,vehicle make and model,both name and year)of the vehicles the applicant proposed to use in the operation of the taxicab service and the description of the operations of the proposed taxicab service and the location of the fixed facilities to be used in the operation; E. Description of the proposed insignia and color scheme for the applicant's taxicab; F. Documentary evidence from an insurance company authorized to do business in the state indicating a willingness to provide liability insurance required by this chapter; G. Documentary evidence of payment of ad valorem taxes on the real and personal property to be used in connection with the operation of the proposed taxicab service; H. Such additional information as the applicant desires to include to aid in the determination of whether the requested operating authority should be granted; 1. Such additional information as the chief of police considers necessary to assist or promote the implementation or enforcement of this chapter for the protection of the public safety. Sec. 16-06. Permit fees—Granting of operating permit_ A. The chief of police may grant an operating permit for a twelve(12)month period. Holders of operating permits shall pay the city a permit fee of$100.00 per year per taxicab authorized by the permit,except as provided in Subsection C of this section. The required permit fee will be paid at the time of application for a permit or renewal of a permit. B. The city shall refund the amount that a permit fee exceeds two(2)percent of the annual gross receipts derived from the operation of the permitholder's taxicab service Page 5 during the same period as authorized by the permit if within thirty(30)days after the permit expires the holder submits to the chief of police an accounting, using established and accepted accounting principals, that indicates the amount of the excess. C. If the chief of police finds that applicant has demonstrated his/her fitness to operate the taxicab service and has paid the appropriate fee,the chief of police shall issue a written permit to the applicant permitting operations of a taxicab service with the number of taxicabs as determined. Actual permits will expire on December thirty- first of each year. The chief of police will establish a time period for submission of renewal applications sufficiently in advance of the December thirty-first expiration date, so as to permit timely submission and evaluation of information required by this chapter and action by the chief of police prior to December 31 of each year. The permit fee for any new application for an operating permit or for expansion of the number of vehicles under an existing operating permit which is submitted and approved less than six months prior to December thirty-fust of each year will be prorated for each taxicab authorized. Sec. 16-07. Expansion of number of vehicles authorized by operating permit_ A. if a holder desires to operate a greater number of taxicabs than authorized by the operating permit,the holder shall make application to the chief of police on forms provided by the chief of police. B. Upon the payment of the fee(which may be prorated when appropriate),the chief of police shall issue an amended permit to the holder. The amendment of permit will not affect the original expiration date of the permit. Sec. 16-08. Suspension or revocation and appeal_ A. Upon complaint alleging violation of any of the provisions of this chapter filed by any person with the chief of police,or upon his/her own motion,the chief of police, after five(5)days notice of the grounds of such complaint to the owner or operators of the taxicabs service against whom complaint is made, shall hear evidence with reference to such complaint,and after such hearing,the chief of police may revoke or suspend the permit of such holder with good cause shown. 1. This section does not restrict the immediate revocation of a city issued permit as outlined in Sec. 16-60, C. Page 6 B. Due cause for the suspension or revocation of a permit will include, but not be limited to,the following: 1. The failure of the permitholder to maintain any and all of the general qualifications applicable to the initial issuance of the permit as set forth in Section 16-04 of this article; 2. Obtaining a permit by providing false information; 3. Violation of any part of this chapter. C. The holder shall have the right to appeal the suspension or revocation to the city manager within ten business days of the notice of suspension or revocation. Such appeal will be submitted by a letter addressed to the city secretary stating that an appeal from the decision of the chief of police is desired to the city manager. Upon receiving such notice of appeal, the city manager, as soon as practical thereafter, shall conduct a hearing at which the appealing party will be given an opportunity to present evidence and make argument in his/her behalf. The formal rules of evidence do not apply to an appeal hearing under this section. The city manager shall make its ruling on the basis of a preponderance of the evidence at the hearing. D. The city manager will affirm,modify or reverse the decision of the chief of police. The decision of the city manager is final. E. If no appeal is taken from the ruling of the chief of police in the time and manner as provided in this chapter,the ruling of the chief of police shall be final. F. Any person who continues to operate a taxicab under a permit which has been revoked for any reason while the revocation is in effect shall be considered guilty of a misdemeanor and upon conviction thereof, shall be assessed a penalty accordingly. Every day's violation shall be considered to be a separate offense. Sec. 16-09. Display of permit. A copy of the holder's permit as well as any individual certificate authorizing operation of such vehicle shall be displayed in each of the vehicles operated by virtue of the holder's permit. The permit shall be displayed in a clear,protective cover located on the dashboard so it may be seen by any and all passengers in such vehicle. Further,the chief of police or any peace officer shall be permitted to examine the permit upon request. Failure to have such a document displayed within such a vehicle shall be a violation of this chapter. Replacement of the individual certificate authorizing operation of the vehicle shall require payment of a fee of$10.00. Page 7 Sec. 16-10. Use of permit. No permit will be used for the operation of a greater number of vehicles than were authorized by the permit. Furthermore,no permit will be used for the operation of the taxi service by anyone except the applicant thereof or any employee or independent contractor of the applicant except as provided in this article. Sec_ 16-11_ Substitution of vehicle operated under permit. The holder of a permit may substitute vehicles operated under the permit for those originally identified for use as provided in Section 16-05 of this article,but only may do so upon completion of the following requirements: A. The holder must provide the information required in Section 16-04 B of this article, on the new vehicle and pay the chief of police a fee of $10.00 to cover administrative costs attendant to the substitution; B. The vehicle must be inspected for compliance with the provisions of Article IV of this chapter, Vehicles and Equipment; C_ The permits referred to in Section 16-09 of this article,must be returned to the chief of police,who in turn will issue new permits for the substitute vehicle; D. The new vehicle must be numbered with the same number as assigned to the original vehicle as provided in Section 16-40 of this chapter; E. The holder must demonstrate that the identifying markings on the original vehicle have been removed. Sec. 16-12. Revocation of permit--Removal of all identifying markers. Upon the revocation of any permit issued under this chapter,the holder shall immediately remove all lettering identifying the vehicles as taxicabs,including,but not limited to,the vehicle number,the name of the taxicab company trader which the taxicab is operating, and any other indication or information indicating that the vehicle is operating as a taxicab. Page 8 Sec. 16-13. Taximeters required--Specifications. A. Every taxicab operating under a permit granted by the city shall be equipped with a mechanical or electronic device(commonly called a taximeter)of a type which will accurately show: 1. The legal fare for each trip; 2. The minimum fare; 3. When the distance allowed of such minimum fare shall have been travelled;and 4. The total fare as the same increase with each additional fraction of a mile as is determined in Section 16-19 of this article. If any charge is incurred for waiting time,such charge shall be included in the total shown. B. The mechanical taximeter shall be so constructed and equipped as to show by a visible metal flag,and by an electric light located on top of the taxicab,hereinafter called tell-tale light,whether or not the taxicab is in use by a passenger,the position of such flag indicating that the taxicab is so in use being hereinafter referred to as the earning position.The charge shall be indicated by means of legible figures which are electrically lighted each time the taximeter flag is thrown from vacant(that is, nonearning)to earning position. The electronic taximeter shall be so constructed and equipped as to show by means of tell-tale light as described in this section whether or not the taxicab is being used by a passenger. C. The taximeter shall have a tamper-proof switch,located within the meter head itself, and with suitable outlet for connection with the taxicab system of electrical distribution so that when the taxi meter is in the vacant position,neither the electric light on the taximeter on the dial nor the tell-tale lamp will be lighted. When the meter is activated the fare indicator on the taximeter must be lighted and synchronously the tell-tale light will be lighted. D. The taximeter shall be installed per manufacturer's instructions. A copy of these instruction will be provided to the chief of police. E. The taximeter shall be considered to show accurately the distance travelled if the error,either above or below the correct distance,is not more that one hundred feet to the mile. Page 9 Sec. 16-14. Taximeter--Inspections--Approval--Maintenance. A. Before installation the taximeter shall be submitted for approval to the chief of police who will approve the same if it complies with the requirements of this vehicle and manufacturer's installation instructions,but not otherwise. If approval be refused, an appeal may be taken to the city manager,who shall promptly hear and decide the same. B. After installation,the taximeter shall at all reasonable times be subject to inspection by the chief of police in accordance with the standards set forth in this chapter,the taxicab shall be taken out of service until the taximeter is properly adjusted,repaired or replaced. Sec. 16-15. Taximeter--Operation. A. The taximeter shall be installed,and when necessary,lighted as to be plainly visible to all passengers. The meter shall be placed in the earning position when the taxicab is in use by a passenger or passengers,but shall not be so placed at any other time so as to charge any passenger with waiting time or mileage for which he should not be charged. B. The taximeter shall be considered in use by the passenger from the time he enters the same,or,if the taxicab is responding to a call,from the time the taxicab arrives at the place where the passenger is to be picked up and he is notified of such arrival; and ends when the passenger leaves the taxicab, unless he requests the driver to wait. Sec. 16-16. Taximeter--When to be in the earning position_ The taximeter shall be operated in the earning position whenever the taxicab is being operated with any person other than the driver in the cab. Sec. 16-17. Taximeter--Breaking seal,adjusting. A. No person shall,without permission of the chief of police,break any seal placed on an installed taximeter,or make any such changes or adjustments in the mechanism as may affect the accuracy of the operation. B. It shall be unlawful for any taxicab to be operating without a seal on the taximeter installed by the chief of police. Page 10 C. Whenever a taximeter malfunctions,the taxicab will immediately be removed from service until the taximeter has been repaired. Upon completion of repairs, the holder will make the taximeter available for inspection and the installation of new seals by the chief of police before the vehicle will be permitted to return to service. Sec. 16-18. Taximeter--Encasement of wires. All wires leading from the taximeter to the tell-tale light on the top of the taxicab and all wires leading from the meter to the positive connection on the taxicab shall be encased in metal cable so as to prevent tampering with such wires. Sec. 16-19. Schedules--Adults--School children_ The rates to be charged for a taxicab service shall be as follows,and no greater nor lesser rate shall be charged: A. One dollar and twenty cents($1.20)for the first one-sixth mile or fraction thereof; B. One dollar and twenty cents($1.20)for each mile thereafter or fraction thereof; C. A flat charge of one dollar($1.00)for each additional passenger over one occupying the taxicab on the same trip or part thereof, D. Twenty-one(.21 C)cents per minute/twelve dollars and sixty cents($12.60)per hour for waiting time,and when the taxicab is engaged by the hour; E. Notwithstanding anything to the contrary in this section or in Section 16-20 of this article,any independent school district may contract with any taxicab permitholder for the transportation of people to and from school upon any terms as to compensation, route and time of furnishing the service as be agreed to in such contracts;and in transporting people under such contract it shall not be necessary for the taxicab to use the taximeter. 1. Taxicab service furnished pursuant to any contract entered into between the permitholder and a third party, including the city, shall not be subject to this section provided that the contract has been approved by the chief of police. F. A taxicab may be so designed that a passenger using a wheelchair can be transported while occupying the wheelchair and can be taken into and out of the cab without leaving the wheelchair. The wheelchair shall be securely fastened in place while the cab is in motion. The design of such cab shall be subject to approval of the chief Page 11 of police as to its reasonable safety. A charge of two dollars for each trip, in addition to the regular fare, shall be made for each passenger transported in a wheelchair. Sec. 16-20. Schedules--Children. Children under seven(7)years old shall be carried without charge,if accompanied by a passenger who pays the regular fare. Children seven(7)years or older shall pay as if they were adults. Sec. 16-21. Schedules--Luggage. Each full fare shall entitle a passenger to carry two pieces of hand luggage without extra charge. A charge of one dollar($1.00)on the extra fare meter maybe charged for each six pieces, or portion thereof, of hand luggage or shopping bags over two(excluding brief or attache cases),and one dollar for each foot locker or trunk. Sec. 16-22. Schedules--Dogs. A maximum of one dollar may be charged on the extra fare meter for each pet,except seeing eye or guide dogs for which no charge will be made. Sec. 16-23. Schedules--Joint trips. When two or more passengers have a taxicab go to the same destination,the charge shall be one full fare plus a charge of fifty cents on the extra fare meter for each passenger over one. A. When two or more persons occupy a taxicab at the same time,but leave at different destinations, the first passenger shall pay the regular fare, and the meter shall be thrown to the stop position indicating another trip,and the next passenger to leave shall pay the regular fee from the point at which the flag was thrown to his/her destination. The fare shall be similarly determined for any passenger over two. B. When a taxicab is not originally engaged for a joint trip,nothing in this chapter shall authorize the carrying of additional passengers without the consent of the passenger who first engaged the taxicab. Page 12 C. The above rules determine the fare which may legally be demanded of each passenger when more than one passenger occupies a taxicab at the same time, but nothing in this chapter shall prevent the passengers from dividing the cost of the trip in any manner they may voluntarily agree upon. Sec. 16-24. Attempt to defraud passenger. A person who operates a taxicab commits an offense if the person intentionally extends the distance or time for a trip beyond the distance and time necessary for the trip for the purpose of increasing the fare for the trip. Sec. 16-25. Time calls. When a passenger requests a taxicab by the hour the driver shall immediately set the taximeter on the time call position and keep it in such position until the passenger ceases to use the cab. Sec. 16-26. Fare card. A. The chief of police will provide every taxicab with an information card with dimensions of no less than twelve(12)inches in height and twenty inches in width, which will clearly and legibly show rates and other pertinent information as prescribed by the chief of police_ The card will be covered with heavy-duty plastic substance and mounted on the rear of the front seat in such a manner that would prevent removal. The card will be placed at a height where it can easily be read by passengers in the rear seat. B. It shall be unlawful to operate a taxicab without the information card being posted within the vehicle as prescribed. Sec. 16-27. Receipt for fares. If demanded by any passenger, the driver in charge of a taxicab shall deliver to the person paying for the hiring of the same,at the time of such payment,a receipt therefor in legible type or writing, whether by mechanically printed receipt or by specially prepared receipt,containing the name of the holder,the taxicab number,any items for which a charge is made,the total amount paid,and the date of payment. Page 13 Article Hl. Chauffeur's License for Drivers Sec. 16-28. Required. It shall be unlawful for any person to drive or operate a taxicab within the city without first procuring a chauffeur's license from the city. It shall likewise be unlawful for any person holding a permit to conduct a taxicab business in the city to permit any person who does not hold a valid chauffeur's license issued by the city to drive or operate any taxicab owned by him/her or used in connection with his/her taxicab business. Sec. 16-29. Application generally. In order to obtain a chauffeur's license required by this article,any person so desiring, shall make an application to the chief of police and, at the time of application and at his/her own expense,shall: A. Be eighteen(18)years of age or older; B. Possess the classified state driver's license required for the class of vehicle to be operated by the applicant as defined in article 6687b,section 4A, V.A.T.C.S. C. Be able to read and speak the English language; D. Provide the chief of police with a street address and phone number;an applicant or holder shall notify the chief of police in writing of any change thereto within five (5)business days of the change; E. Execute an authorization in writing for the provision to the city of any and all information which an organization or entity may have concerning the applicant and a release to said organization or entity from all liability which may result from the furnishing of such to the city; F. Be approved for employment by a holder; an applicant shall provide the chief of police with the name and business address of said prospective employer and shall, upon transfer of employment from one holder to another,notify the chief of police of such in writing within five(5)business days of the transfer; G. Submit to a medical examination by a licensed physician on forms provided; H. Provide the chief of police with a certificate executed by a practicing physician in the city stating that the applicant is not afflicted with any physical or mental Page 14 disability which would reasonably prevent him/her from exercising ordinary and reasonable control over a motor vehicle or which would otherwise endanger the public's health or safety;such certificate shall also state specifically the condition of the applicant's hearing and eyesight. I. Have successfully completed, within the previous twelve(12)months,a defensive driver training course approved by the chief of police. Sec. 16-30. Chauffeur's license fee. Each applicant for a chauffeur's license under this article shall pay a fee of ten dollars ($10.00)to cover the cost of an investigation of his/her character and fitness for such license. Sec. 16-31. Application--Issuance. The applicant shall submit any application filed under this article to the chief of police for approval or disapproval. If such application is approved or granted, the chief of police shall issue such chauffeur's license upon the applicant's complying with the provisions of this article. Sec. 16-32. Denial of chauffeur's license. Denial of a city chauffeur's license shall include,but is not limited to,the following: A. The applicant has been convicted of any offense of driving while under the influence of alcohol or drugs within the last five (5) years, or four (4) or more moving violations of the traffic laws of this or any other state within the twelve(12)month period immediately preceding the date of the application; B. The applicant has falsified or materially altered or omitted pertinent information in any governmental record,including an application for a city chauffeur's license; C. The applicant has not met the requirements for obtaining a city chauffeur's license as set forth in this article. Page 15 Sec. 16-33. Revocation. A. A chauffeur's permit may be revoked or canceled, by the chief of police,for any offense other than a class C misdemeanor offense committed while operating a taxicab,or for repeated moving violations(4 violations in any 12 month period). B. The chief of police may, without other cause shown, revoke and cancel any chauffeur's license issued under this article upon the violation,by the holder thereof, of any provision of this chapter. C. The holder of a chauffeur's license shall have the right to appeal the revocation to the city manager within ten business days of the notice of revocation. Such appeal will be submitted by a letter addressed to the city secretary stating that an appeal from the decision of the chief of police is desired to the city manager. Upon receiving such notice of appeal, the city manager, as soon as practical thereafter, shall conduct a hearing at which the appealing party will be given an opportunity to present evidence and make argument in his/her behalf. The formal rules of evidence do not apply to an appeal hearing under this section. The city manager shall make its ruling on the basis of a preponderance of the evidence at the hearing. Sec. 16-34. Display. No person shall drive a taxicab within the city without having his/her chauffeur's license issued under this article displayed in the taxicab within the unobstructed view of the passengers therein. Article IV. Vehicles and Equipment Sec. 16-35_ False representation as a taxicab. A. A person may not represent that a vehicle is a taxicab if the vehicle is not in fact authorized by an operating permit granted under this chapter. B. A person may not drive a vehicle in the city that is not a taxicab if the vehicle is marked,painted or equipped in a way that is likely to result in mistaking the vehicle for a taxicab. Page 16 Sec. 16-36. Vehicle requirements and inspections. A. All vehicles operated as taxicabs shall be no more than ten(10)model years old. Further,the vehicle in service shall be kept in clean condition,free of foreign matter and of offensive odors. There shall be no litter in the vehicle or trunk or on floor mats and the upholstery and floor mats shall be kept clean and without holes or large wear spots. The vehicle shall be free from damaged fenders and bodies,defective paint and other conditions making taxicabs unsightly. No taxicab shall have less than four doors,and each taxicab must either be a station wagon,sedan or mini-van. A mini-van is defined as a vehicle which has a maximum seating capacity of seven passengers in accordance with manufacturer specifications. No taxicab shall be equipped with shades,curtains or any other vision-obstructing devices. No taxicab shall have an interior of less than one hundred ten(110)cubic feet and not more than one hundred sixty (160) cubic feet, as defined in 40 Code of Federal Regulations, Section 600.315-82(a)(v-ix). B. Each taxicab shall be inspected before it is placed into service and thereafter at three-month intervals, in accordance with this section and policies and procedures established by the chief of police. Taxicabs shall be inspected at city facilities designated by the chief of police. The cost of such inspection shall be determined by the city council. The inspection cost will be borne by the holder of the operating permit and will be nonrefundable and payable in advance of the inspection. Upon completion of the inspection, if the vehicle meets all the requirements of this chapter,a certificate of inspection will be issued and such certificate shall be affixed to the windshield of the inspected vehicle in a plainly visible place. No taxicab for hire requiring inspection under this section shall be operated without having so affixed an inspection certificate showing such taxicab has passed inspection within three(3)months.The inspection required by this section shall include the following: 1. Current safety sticker; 2. Windshield:glass; wipers-switch and operation;defroster; 3. Mirrors:rear and side view; 4. Door and window operation; 5. Door glass; 6. Horn-sound and button operation; 7. Steering:freeplay; Page 17 8_ General interior condition:panels and dashboard; 9. Floor covering; 10. Upholstery; 11. Seat:frames and covers; 12. Seat belts; 13. Fire extinguisher; 14_ Brakes:foot;hand;pulls to one side;low pedal/slack grabs;rubber pedal grab; 15. General body and paint condition; 16. Tires:left front;right front;left rear;right rear;spare; 17. Wheels and rims:straight;balanced;bearings; 18. Exhaust system:leaks;worn;loose; 19. Headlights:adjustment;low beam;high beam; 20. Stop light;tail light; 21. Rear red reflectors; 22. License plate light(may be part of tail light or separate); 23. turn signal operation:indicator light;switch;front;rear; 24. Company sign light; 25. Two way radio or cellular phone; 26. Meter:seal and clock;tell-tale light operating; 27. Air conditioner; 28. Emission control device; 29. Rate card posted; Page 18 30. Taxi I.D.card posted. A taxicab for hire that fails the inspection required by this section will be reinspected once after failure, within fifteen calendar days, without additional charge. Subsequent inspection or reinspection will be done at the fee set forth pursuant to this section. The operating permit of any taxicab to which this section applies shall be considered automatically suspended if the vehicle fails to pass an inspection for conditions affecting safe operation of the vehicle pending correction of the particular defect. The operating permit of any vehicle for hire subject to this section not having equipment required by state or federal law shall be considered automatically suspended pending a hearing to determine whether the operating permit should be revoked. Such a hearing will be before the chief of police and shall be for the purpose of affording the permitholder an opportunity to show cause why the permit should not be revoked. if sufficient cause is not shown,the chief of police shall revoke the operating permit for that vehicle. The operating permit of any vehicle for hire subject to this section, in which the emission control device has been removed, altered or tampered with in violation with state or federal law will be revoked. Any revocation of an operating permit pursuant to this section may be appealed to the city manager;provided,that such appeal is submitted within thirty (30)days after notice of the revocation has been mailed to the last known address of the permitholder. A copy of any such appeal shall be furnished by the permitholder to the chief of police. The revocation will remain in effect during the period of any pending appeal. Notwithstanding any other provision of this code, if the city manager, after considering an appeal from revocation of an operating permit pursuant to this section,determines that the operating permit may be reissued if the taxicab involved is brought into compliance with the inspection requirements of this section there shall be a mandatory fee of$25.00 to be paid to the city by the permitholder before the operating permit may be reissued. C. If the chief of police determines that a vehicle for hire is not in compliance with this article, the chief of police may order the vehicle removed from service until it is brought into compliance. Operating a vehicle as a taxicab for hire after it has been ordered removed from service is prohibited and shall be cause for suspension or revocation of the operating permit for that vehicle. D. The chief of police shall establish in writing,and distribute descriptive criteria for passing or failing of the required inspection items as enumerated in subsection B of this section. E. The chief of police shall provide training, inspection certificates and reporting materials for a fee not to exceed the cost of procurement, storage and distribution Page 19 of such materials and training by the city to those designated to perform such inspection of taxicabs and other vehicles for hire pursuant to this section. Sec. 16-37. Required equipment. A holder of an operating permit shall provide and maintain in proper operating condition the following equipment: A. Seatbelts for each passenger,the number of which is determined by the designated seating capacity of the taxicab; B. Heater and air conditioner the heater or air conditioner,as applicable,will be turned on whenever requested by a passenger; C. Fire extinguisher with a minimum rating of 2AlOBC; D. Equipment to indicate when a taxicab is operating for hire and when it is not for hire; E. Tell-tale light with a clear lens,which shall be lighted and remain lighted whenever a taxicab is carrying passengers for hire; F. Two-way radio on the holder's dispatch frequency or an activated cellular phone for the use of accepting calls for taxi service. See. 16-38. Vehicle color scheme and distinctive markings. A. A holder of an operating permit shall develop a design of a color scheme and distinctive markings for taxicabs operating under its authority and shall submit the design to the chief of police for approval to insure that the design is not likely to cause confusion with the taxicabs operated by a different taxicab service as well as reasonably suited for taxicab use in accordance with generally prevalent practices of the taxicab business. B. After a design is approved by the chief of police,the holder shall submit to the chief of police a color photograph of a completely equipped taxicab using the approved design. C. The holder shall use only the approved design, as depicted in the submitted photograph for taxicabs operating under its permit unless written approval of a change is obtained from the chief of police. Page 20 Sec. 16-39. Required vehicle identification--Generally. Every taxicab shall have painted or affixed on the front or rear door,on both sides, the name and telephone number of the taxicab service which operates the taxicab. Such letters and numbers shall be at least two and one-half inches in height and the lines constituting the letters and numbers shall be a least five-sixteenths of an inch broad,and in a color contrasting with the background. Sec. 16-40. Required vehicle identification--Number assigned by city--Issuance of certificate. A. No person shall operate a taxicab without the same being identified by a number to be assigned by the chief of police,which number shall be painted or affixed on the lower right hand side of the back of such vehicle,and on the front or rear door,on both sides of the vehicle,in such a position as not to be obscured by bumpers,state license plates or any other objects. Such numbers shall not be less than three inches height and the line constituting such shall not be less than one-half inch broad,and such numbers shall be of a color so contrasting with the background that the same shall be plainly visible to the normal eye in daylight at a distance of one hundred (100)feet. B. The chief of police shall keep a record of such numbers with information identifying the vehicle to which each number is assigned and the holder of the operating permit under which the vehicle operates. C. The chief of police shall issue to each taxicab operating under an operating permit a certificate showing the identifying number of such taxicab as assigned under this section,and the name or business designation and telephone number of the holder of the operating permit under which such taxicab is operating. No person shall operate any taxicab unless such certificate is posted in a place readily visible to the passengers. Article V. Service Regulation Sec. 16-41. City-wide taxicab service required. Except as otherwise provided,a holder of an operating permit shall: Page 21 A. Provide taxicab service on a twenty-four hour of every calendar day basis to the general public to and from any point inside the city to surrounding area that is accessible by public streets. B. Assure that during no part of any calendar day shall less than fifty percent of the taxicabs operating under a holder's permit be on duty and actually engaged in service or immediately available therefor; provided, the requirements of this subsection shall not apply in case of impossibility arising from mechanical breakdowns, illness of employees, or other causes not due to the fault of, and beyond the control of,holder. C. Answer each call received for service as soon as practicable,and if service cannot be rendered within a reasonable time,the holder shall inform the caller of the reason for the delay and the approximate time required to answer the call. D. Provide taxicab service that is operational twenty-four(24)hours each day. Service may be maintained by means of a single dispatch center or through the use of a cellular phone in a taxicab. Dispatcher service means the maintenance of a telephone connection by which a person desiring taxicab service may call the taxicab company,and the employment of a person or persons not less than eighteen years old for the purpose of answering such telephone calls,designating a taxicab driver to answer an accepted call. Sec. 16-42. Representation of availability of taxicab. A driver may not represent that his/her taxicab is engaged when it is in fact vacant or vacant when it is in fact engaged. Sec. 16-43. Refusal to convey passengers. A. While operating a taxicab a driver shall not refuse to convey a person who requests service unless: 1. The person is disorderly; 2. The driver is engaged in answering a previous request for service; 3. The driver has reason to believe that the person is engaged in unlawful conduct; or 4. The driver is in fear of his/her personal safety. Page 22 B. A taxicab driver shall not refuse service requested by radio dispatch or by telephone when the location for pickup is within a reasonable distance from the location of the taxicab. C. If for any reason a taxicab driver is unable to complete a trip,he shall call his/her dispatcher and summon another taxicab to carry the passenger to his/her destination. Sec. 16-44. Passenger limitations. It shall be unlawful for any taxicab driver to carry more than three persons,including the driver in the front seat of any taxicab or to carry more than four persons in the rear seat, not counting infants in arms;or to have the taxicab so loaded with persons or property so as to interfere with the driver's vision or freedom of movement to a point inconsistent with safety of the operation of the taxicab. Sec_ 16-45_ Carrying passengers by direct route_ A driver shall carry a passenger to his/her destination by the most direct and expeditious route available unless otherwise directed by the passenger. Sec_ 16-46_ Exclusive use_ A. It shall be unlawful for a driver to permit or allow any person who is not a paying passenger to loiter in his/her taxicab while on duty at a walk-up stand,or to ride in the vehicle with a paying passenger. B. A passenger engaging a taxicab shall have the exclusive right to full use of the passenger portion thereof,and it shall be unlawful for the driver to solicit or carry additional passengers therein without the consent of the passenger of passengers by whom such taxicab is already engaged. Sec. 16-47. Receiving or discharging passengers in roadway. Drivers of taxicabs shall not receive or discharge passengers in the roadway,but shall pull up to the right-hand sidewalk as near as practicable,or in the absence of a sidewalk to the extreme right-hand side of the roadway,and there receive or discharge passengers, except on one-way streets where passengers may be received or discharged at either the right-hand or the left-hand sidewalk,or side of the roadway in the absence of a sidewalk_ Page 23 Sec. 16-48. Soliciting of passengers within the Walls area. A. A person commits an offense if the person intentionally or knowingly occupies a public street,sidewalk,or parking lot within the Walls area and the person solicits another person to ride a taxicab or other vehicle for hire except as expressly authorized by this chapter. B. It shall be unlawful for a person within the Walls area to solicit another person by word sound or gesture while driving a taxicab, or other vehicle for hire, on any public street,or while the same is parked on a public street,or while the person so soliciting is on any such street or sidewalk. C. A driver may not cruise a taxicab,or other vehicle for hire,over any public street. The term"cruise"means the movement of an unoccupied vehicle for hire over the public streets by any other than the most direct practicable route to its destination or returning therefrom; or to drive a taxicab or other vehicle for hire upon any public street for the purpose or with the expectation of being hailed by a prospective passenger who has not called for the taxicab;but if such driver be signaled by an intending passenger,without solicitation,the driver may transport such passenger. Sec. 16-49. Hearings. In any hearings conducted by the chief of police or the city manager under the provisions of this chapter,the burden shall be upon the respondent or appellant as the case may be to show cause why the proposed action should not be taken. Article Vl. Regulations Affecting Taxicabs and Other Vehicles for Hire. Sec. 16-50. Staging for Walls area_ A staging area,specific for taxicabs and other vehicles for hire in the Walls area,shall be designated on the north side of 12th Street at Avenue J extending east from the intersection of Avenue J approximately 100 feet. Vehicles for hive will not park,stand or stop in a manner that will block any private driveway. Page 24 Sec. 16-51. Staging area—Regulations for use. A. Taxicabs or other vehicles for hire as outlined in this chapter may use the staging area to await entry into a boarding area. B. It shall be unlawful for any person,or driver of a taxicab or other vehicle for hire waiting in the staging area,to solicit or accept a passenger. C. Taxicabs or other vehicles for hire may not accept passengers as outlined in Section 16-48 of this chapter. Sec. 16-52. Ground transportation service--Boarding for Walls area. City boarding areas shall be established for the Walls area at the following locations: A. Boarding area I begins on the north side of the 1000 block 12th Street approximately seventy-six(76)feet from the northwest comer of Avenue J at 12th Street and extends west for approximately fifty (50)feet. Use of this location is reserved exclusively for vehicles permitted by the Railroad Commission for ground transportation services between cities in the State of Texas. No vehicle accepting passengers from this location may deliver any fare to a location within the incorporated city limits of Huntsville. B. Boarding area 11 begins on the south side of the 1000 block of 12th Street approximately fifty-seven(57)feet from the southwest comer of Avenue J at 12th Street and extends west for approximately eight-seven(87)feet. Use of this location is reserved exclusively for taxicabs permitted with the city for the transportation of passengers. Sec. 16-53. Boarding areas--Regulations for use. A. All taxicabs and other vehicles transporting released Texas Department of Criminal Justice inmates for hire are required to use the staging and boarding areas located within the Walls area. B. Use of the boarding areas shall be for permitted city taxicabs or other vehicles for hire that have been permitted by the railroad commission for ground transportation service from within the city to a destination outside the city limits. C. Use of the boarding areas is on a fust-come/first-use basis; Page 25 D. Each boarding area will be designated with a primary zone where passengers may enter into a vehicle. No vehicles in the boarding area may accept passengers unless they are in the primary zone. Once a vehicle has accepted the legal limit of passengers and/or vacated the primary zone, the next vehicle in line moves up to assume the position of the previous vehicle and may then accept passengers. E. No more than two(2)taxicabs or vehicles for hire, from any one company may occupy either boarding area,in any combination,at the same time. F. All parking of vehicles within the designated areas must be parallel to the curb or curb lines and in compliance with state law and city ordinance; G. Drivers of taxicabs or other vehicles for hire using the boarding areas must be in compliance with Section 16-52 of this chapter. H. A driver shall not leave the interior of his/her taxicab or other vehicle for hire except to assist a passenger as reasonably necessary after being engaged. 1. A driver shall not perform or allow to be performed repairs or maintenance on a taxicab,or other vehicle for hire,while parked in the boarding area. J. A person shall not park a taxicab,or other vehicle for hire,in a boarding area unless the vehicle is for hire_ K. The driver of a taxicab or other vehicle for hire must attend the vehicle at all times when the vehicle is parked in a staging or boarding area. Sec_ 16-54. Conduct of drivers. While on duty a driver shall: A. Conduct himself/herself in a reasonable,prudent and courteous manner; B. Maintain a sanitary and well-groomed appearance; C. Not respond to a radio dispatch assigned to another driver; D. Not consume alcoholic beverages,controlled substances,or other substances which could adversely affect his/her ability to drive a motor vehicle. E. Not monitor the radio frequency of a taxicab company other than his/her own nor respond to a call for service dispatched by another company. Page 26 F. Not possess a radio equipped to receive the frequency of a taxicab other than his/her own. G. Not interfere with the chief of police in the performance of his/her duties;and H. Comply with all lawful orders of the chief of police issued in the performance of his/her duties. Sec. 16-55. Return of passenger's property. A. Upon finding property in a taxicab left by a passenger,the driver shall immediately return the property to the owner. However, if the driver is unable to locate the owner or if the driver does not know the identity or whereabouts,of the owner,the driver shall, within a reasonable time, deliver the property to the holder of the operating permit who employs or contracts with the driver. B. Upon return of the property to the owner or delivery of the property to the holder of the permit,the driver shall prepare a written report stating the description of the property,the identity of the owner if known,the date the property was left in the taxicab,the circumstances relating to the loss,and the taxicab number. The holder of the operating permit shall keep the report on file for at least one year and shall hold the property not less than three months. Sec. 16-56. Service regulations for business establishments requesting taxicabs for customers. An employee of a business establishment,other than a taxicab service,who acts as agent in obtaining taxicab service for prospective taxicab passengers shall not solicit nor accept payment from a driver in return for giving preferential treatment in directing passengers to a driver's taxicab. Article V1I. Miscellaneous Holder and Driver Regulations Sec. 16-57. Holder's and driver's duty to comply_ A. In the operation of a taxicab service a holder shall comply with the terms and conditions of the provisions of this chapter,other applicable provisions of this code and other laws applicable to the operation of a motor vehicle. Page 27 B_ While on duty a driver shall comply with the provisions of this chapter and other law applicable to the operation of a motor vehicle in the state. Sec. 16-58. Holder's duty to enforce compliance by drivers. A. A holder shall establish policy and take action to discourage, prevent or correct violations of this chapter by drivers who are employed by or contracting with the holder. B. A holder shall not permit a driver who is employed by or contracting with the holder to drive a taxicab if the holder knows or has reasonable cause to suspect that the driver has failed to comply with this chapter or other applicable law. C. A holder shall promptly report in writing to the chief of police any action taken by the holder against a driver of any taxicab for any violation of the provisions of this chapter or other applicable law to the operation of a motor vehicle_ Sec_ 16-59_ Driver as independent contractor. A. A holder may contract with a driver on an independent contractor basis,but only if the contract: 1. Provides that the holder shall indemnify the city and hold the city harmless for a claim or cause of action arising from the conduct of the driver; 2. Provides that the driver is insured under the holder's fleet insurance policy; 3. Imposes a condition that the driver must comply with this chapter and provides that failure to comply may be considered by the holder as a material breach of the contract. B. The form of the contract between the holder and driver must be approved by the chief of police. The chief of police may disapprove a contract form if he determines that the contract is inconsistent with this article or other applicable law. A holder may not use a contract that has been disapproved by the chief of police. A copy of each contract will be furnished to the chief of police within ten(10)days after it has been entered into. Page 28 Sec. 16-60. Insurance. A. A holder shall maintain in force and effect during each year a policy of public liability insurance covering all of the taxicabs operating under its permit. B. The insurance policy required under this section must: 1. Be written by an insurance company authorized to do business in the state and shall be subject to approval by the city; 2. Provide in substance that the company will pay on behalf of the insured all sums which the insured shall become legally obligated to pay as damages because of bodily injury,sickness or disease,including death resulting therefrom,sustained by any person(collectively referred to as bodily injury)or injury or destruction of property,including loss thereof(collectively referred to as property damage) arising out of the ownership,maintenance or use of the taxicabs; 3. The maximum amount recoverable under such policy shall not be less than one hundred thousand($100,000)dollars for bodily injury to one person in any one accident,three hundred thousand dollars($300,000)for bodily injury to two or more persons in any one accident,and fifty thousand dollars ($50,000) for property damage. 4. Contain a provision that it may not be canceled, revoked or annulled by the insurer without giving ten days written notice thereof to the chief of police. The licensee shall not surrender or release such policy without filing in lieu thereof another policy complying with the requirements of this section,or surrendering his/her license. C. Should such policy not be in effect whether by reason of cancellation,expiration or otherwise, the operating permit for that permit holder shall automatically become suspended and the permit shall be automatically revoked. At the time of the revocation hearing before the chief of police,if the permit holder provides proof to the satisfaction of the chief of police that he has secured the required insurance coverage,the chief of police may reinstate the permit. If the chief of police is not so satisfied,the revocation shall remain in effect. If the permit holder appeals the revocation to the city manager,the revocation shall remain in effect until final action on the appeal has been taken by the city manager. Page 29 Sec. 16-61. Driver's manifest sheets. A. Each holder shall provide its drivers with forms, approved by the chief of police, for maintaining a daily manifest sheet. The form must include appropriate spaces for recording: 1. Taxicab number,driver's name,date,hours or operation,meter number,total miles driven,paid miles,number of trips made and extra charges; 2. Time,place and exact address of the origin and destination of each trip; 3. Number of passengers and amount of fare and other charges;and 4. Other information required by the chief of police to aid in the discharge of his/her duties. B. Each driver shall complete a manifest sheet on a separate form provided by the permit holder, for each tour of duty. The driver shall provide the information required by the form and shall record the information with regard to trips at the end of each trip. The manifest sheet will remain in the taxicab at all times while the driver is on duty.The driver shall return the completed trip sheet forms to the holder at the end of the driver's working day. C. The holder of the permit for taxicab service shall keep all return manifest sheets for two years from their date,in such order that the sheets for any date may be readily found. Sec. 16-62. Holder's records and reports. All holders of permits for taxicab service are required to keep and maintain at all times: A_ Complete records of all physical properties used and useful in rendering taxicab service in the city,showing date of purchase,purchase price,terms of payment and extent to which such property has been depreciated,by principal items of property; B. Daily records of revenue segregated by drivers and by cars; C. Daily manifest sheets to be made and signed by each driver; D. A complete and accurate record of all expenses incurred in connection with the actual operation of the taxicab business and the maintenance of equipment; Page 30 E. Permanent records of every call received by telephone and every service performed as a result, showing the exact time of such caller's service,the place thereof, the driver who answered the call,and the time of the driver's departure and return. All of the books, records, accounts and manifests described in this section must be maintained in good condition at a single business location of the holder and shall be available at all reasonable times for inspection by the chief of police. Such records shall be preserved for at least two years from the making thereof. SECTION 2:Any person,firm,or corporation violating any provisions of this Ordinance or failing to comply with any requirement of this Ordinance will be guilty of a misdemeanor and subject to a fine of up to one thousand dollars ($1,000) upon conviction. Each day during or upon which said person shall violate or continue violation of any provision of this Ordinance or non-compliance with any requirement of this Ordinance shall constitute a distinct and separate offense. The violation of any provision of this Ordinance or the failure to comply with any requirement of this Ordinance shall each constitute a distinct and separate offense. SECTION 3: If any section, subsection, sentence, clause, phrase or portion of the Ordinance for any reason shall be held invalid or unconstitutional, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect any of the remaining provisions of this Ordinance. SECTION 4: All Ordinances and parts of Ordinances in conflict with the provisions of this Ordinance are hereby repealed;provided,however,that such repeal shall be only to the extent of such inconsistency and in all other respects this Ordinance shall be cumulative of other Ordinances regulating and governing the subject matter covered by this Ordinance. SECTION 5: The City Secretary is hereby directed to cause the caption of this Ordinance to be published at least twice within ten (10) days of final passage. This Ordinance is to take effect January 1,1992. PASSED AND APPROVED this /q day of 1991. THE CITY OF HUNTSVILLE 0 by W.H.Hodges.Mayor ATTEST: rxLwa) City Secretary APPR VEDAS TO FORM: Sc tt Bounds,City Attorney RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: Ordinance 92-1 Affirming Action Regarding K.Johnson 01-14-92 ORDINANCE NO.92- 1 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, ADOPTING A FINAL ORDER UPHOLDING THE DISCIPLINARY ACTION REGARDING KENNITH JOHNSON. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS,that: SECTION 1:The City Council held an appeals hearing for Kennith Johnson who was terminated as a volunteer firefighter. SECTION 2:After deliberation of the evidence adduced during the hearing that ended on January 7,1992,the City Council hereby affirms the disciplinary action taken by the City Manager terminating Kennith Johnson as a volunteer firefighter. SECTION 3:Based upon the evidence adduced during the hearing,City Council makes the following findings. On August 3,1991,Kennith Johnson responded to a fire alarm as a volunteer firefighter for the City and reported to Fire Station #1. After signing the duty roster, Kennith Johnson left his duty post without permission of the officer in charge. Kennith Johnson knew that City guidelines restricted leaving a duty post after signing in. Kennith Johnson left his duty station to go to the premises of his second employment and he remained absent from his firefighting post longer than reasonable. Kennith Johnson remains employed by the City of Huntsville as a sanitation crewman II. Just cause existed for disciplinary action against Kennith Johnson. The disciplinary action taken by the Fire Chief and City Manager was reasonable. City Council conducted its hearing in substantial compliance with its City Charter and Code of Ordinances. This decision is based solely upon the evidence adduced during the hearing of the appeal of Kennith Johnson to City Council. SECTION 4:The evidence, exhibits and documents produced in the hearing shall be considered confidential personnel records. SECTION 5:There are no dissents to this final order. SECTION 6:This ordinance shall take effect immediately. UNANIMOUSLY PASSED AND APPROVED this the 11#1LL day of Jit�u 1992. W.H.Hodges,Nfajor O.Eugene B rrett,Councilmember William B.Green,Councilmember Gary 1,Councilmember William H.Knotts,Coutae lme b Aam �L.Cart ,Co ncilmember Ronald L.Lange, Councilmember m G. Gaines, Councilmember Charles Robinson, uncilmember ATTEST: tlt/ Danna Welter,City Secretary APPROVED: , a �y` 41("4 Scott Bounds,City Attorney RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: Ordinance 92-2 Americans With Disabilities 01-21-92 ORDINANCE NO.92- 2 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE,TEXAS,RELATING TO AMERICANS WITH DISABILITIES; INITIATING A SELF-EVALUATION OF SERVICES, POLICIES, PRACTICES AND THE EFFECTS THEREOF; PROVIDING NOTICE OF INFORMATION RELATED TO AMERICANS WITH DISABILITIES ACT; DESIGNATING RESPONSIBLE EMPLOYEE;ADOPTING A GRIEVANCE PROCEDURE; PROHIBITING DISCRIMINATION; AND MAKING OTHER PROVISIONS RELATED THERETO. WHEREAS Congress enacted the Americans with Disabilities Act on June 26,1990;and WHEREAS the Department of Justice has enacted rules regarding the implementation of the Americans with Disabilities Act;and WHEREAS it is the intent of the City of Huntsville to comply with the mandates of the Americans with Disabilities Act despite the ambiguities or costs; NOW,THEREFORE,be it ordained by the City Council of the City of Huntsville,Texas, that: SECTION 1: Self Evaluation Requirements. (a) The City Council shall,by January 26,1993,evaluate its current services,policies,and practices,and the effects thereof,to determine whether they meet the requirements of the Americans with Disabilities Act and its regulations(A.D.A.),and to determine the extent modification of any such City services,policies,and practices is required, and to schedule the necessary modifications. (b) The City Council shall provide an opportunity to interested persons, including individuals with disabilities or organizations representing individuals with disabilities, to participate in the self-evaluation process by submitting comments. (c) The City Secretary shall, for at least three years following completion of the self- evaluation, maintain on file and make available for public inspection: (1) a list of the interested persons consulted; Zzj (2) a description of areas examined and any problems identified; and (3) a description of any modifications made. SECTION 2: Notice. The City Manager shall make available to applicants,participants,beneficiaries, and other interested persons information regarding the A.D.A., as it is applicable to the services, programs and activities of the City,and make information available to them in a manner the City Manager finds appropriate to apprise such persons of the protection against discrimination assured them by the A.D.A. SECTION 3:Designation of Responsible Employee and Adoption of Grievance Procedures. (a) (1) The City designated its City Manager to coordinate its efforts to comply with and carry out the responsibilities under the A.D.A.. (2) The City Manager, or a designee of the City Manager, shall investigate any complaint communicated to the City Manager or any Councilmember alleging- non-compliance with the A.D.A., or alleging any actions that would be prohibited by the A.D.A. (3) The City shall make available to all interested individuals the name, office address, and telephone number of the City Manager as the employee designated by the City to be reasonable for A.D.A.compliance. (b) The City Council hereby adopts and publishes a grievance procedure, except for employment,for prompt and equitable resolution of compliance alleging any action of the City that would be prohibited by the A.D.A.: (1) Any individual may complain to City Council during the citizen input section of any agenda. (2) The City Manager shall report back to Council at its next meeting regarding the complaint. (3) The City Council will, upon receiving the City Manager's report, take such action as it deems appropriate. (c) All employee related grievances regarding the A.D.A. shall follow the procedure provided by the City's personnel policies. SECTION 4: General Prohibitions Against Discrimination. (a) The City shall not exclude a qualified individual with a disability from participation in or the benefits of services,programs,or activities of the City. (b) The City shall not,in providing aid,benefit,or service,directly or through contract, licensing,or other arrangement,on the basis of disability: (1) deny a qualified individual with a disability the opportunity to participate in or benefit from the aid, benefit, or service of the City; (2) afford a qualified individual with a disability the opportunity to participate in or benefit from the aid,benefit,or service of the City that is not equal to that afforded others; (3) provide a qualified individual with a disability with an aid,benefit,or service that is not as effective in affording equal opportunity to obtain the same result,to gain the same benefit,or to reach the same level of achievement or that provided to others;or (4) limit a qualified individual with a disability in the engagement of any right, privilege,advantage or opportunity of the City enjoyed by others receiving the aid,benefit or service. (c) The City shall not deny a qualified individual with a disability the opportunity to participate in service, programs, or activities that are not separate or different, despite the existence of permissibly separate or different programs or activities. (d) The City may not, directly or through contractual or other arrangement, utilize criteria or methods of administration: (1) that have the effect of subjecting qualified individuals with disabilities to discrimination on the basis of disability; or (2) that have the purpose or effect of defeating or substantially impairing accomplishment of the objectives of the City's program with respect to individuals with disabilities. (e) The City may not,in determining its site or location of a facility, make selections: (1) that have the effect of subjecting qualified individuals with disabilities to discrimination on the basis of disability; or (2) that have the purpose or effect of defeating or substantially impairing accomplishment of the objectives of the City's program with respect to individuals with disabilities. (f) The City,in the selection of contractors,may not use criteria that subject qualified individuals with disabilities to discrimination on the basis of disability. Z4 (g) The City shall make reasonable modifications in policies or procedures when the modifications are necessary to avoid discrimination on the basis of disability, unless the modifications would fundamentally alter the nature of the service, program or activity of the City. (h) The City shall not impose or apply eligibility criteria that tend to screen out an individual with a disability unless such criteria is necessary for the provision of the service,program,or activity being offered by the City. SECTION 2: This ordinance shall take effect immediately. PASSED AND APPROVED this oZ� day of 1992. THE CITY OF HUNTSVILLE W.H.Hodges, ayor ATTEST: Danna Welter,City Secretary APPROVED AS O FORM: 4ScottBds,City Attorney �i� RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: Ordinance 92-3 Approve COD of C.O.for 8 Yd.Diesel Dump Trk. 03-31-92 ORDINANCE NO.92-3 AN ORDINANCE APPROVING CLAIM AND DELIVERY OF CERTIFICATES OF OBLIGATION; AND CONTAINING OTHER PROVISIONS RELATED HERETO. WHEREAS the City Council of the City of Huntsville,Texas(City),by Ordinance No.91- 30, found that it was advisable for the City to purchase an 8 yard diesel powered dump truck and that Certificates of Obligation be issued by the City for all or any part of the cost of same; and WHEREAS the notice for the action to issue Certificates of Obligation was published at the times and in the manner required by law;and WHEREAS the City awarded a contract to Barrett Motor Co.in the amount of$34,598.00 as the lowest and best bid for the purchase of the 8 yard diesel powered dump truck;and WHEREAS the City Council wishes to authorize payment thereof and delivery of a Certificate of Obligation. THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE,TEXAS,that: SECTION 1: There is now due and owing to Barrett Motor Co.the sum of$34,598.00. SECTION 2: The Certificate of Obligation herein authorized to be delivered shall bear interest at the rate of 6.69%per annum from date of initial delivery shown on the face of such certificate. SECTION 3: There shall be executed and delivered to Barrett Motor Co. a City of Huntsville, Texas, Equipment Acquisition Certificate of Obligation, dated March 31,1992. SECTION 4: The Mayor, City Secretary and other appropriate City officials are hereby authorized and directed to deliver the Certificate and to do any and all things necessary or convenient to carry out the terms of this ordinance. INTRODUCED,READ AND PASSED by the unanimous vote of the City Council of the City of Huntsville, on this the 31st day of March, 1992. CITY OF HUNTSVI LE,JEXAS 1711W -�I W.H.Hodges,Mayor ATTEST: J Melb4 Byers,City Secre APPROVED AS TO FORM: Scott Bounds,City Attorney RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: Ordinance 92-4 Vehicles&Traffic-Lake Rd.,Bearkat,Smith 03-31-92 ORDINANCE NO.92- 4 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE,TEXAS,AMENDING CHAPTER 12,MOTOR VEHICLES AND TRAFFIC,OF ITS CODE OF ORDINANCES BY AMENDING MAXIMUM SPEED LIMITS ON LAKE ROAD, BEARKAT BOULEVARD, EAST OF SYCAMORE, AND SMITH HILL(ROSENWALL ROAD) NORTH OF FM 2821;PROVIDING A PENALTY OF UP TO$200 A DAY FOR CERTAIN VIOLATIONS; MAKING OTHER RELATED FINDINGS AND PROVISIONS RELATED THERETO;AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE HEREOF. WHEREAS Texas Revised Civil Statute article 6701d section 169 provides that the City may designate maximum prima facie speed limits based upon engineering and traffic investigation; and WHEREAS after an engineering and traffic investigation on Lake Road, Bearkat Boulevard,east of Sycamore,and Smith(Rosenwall Road),north of FM 2821, City Council has determined that a change in speed limits at these locations is appropriate; and WHEREAS Section 12-30 of the Code of Ordinances of the City of Huntsville, Texas, makes various provisions related to exceeding reasonable and prudent speeds; NOW THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE,TEXAS,that: Section 1: The described street speed limits are amended as follows: Street Name Sneed MPH Direction Limits Lake Road 35 Both From I-45 East Feeder Road east to 450'west of Inverness Street Bearkat Blvd. 40 Both From 327'east of Old Sycamore to Loop 19 Smith Hill 40 Both North of FM 2821 to the city limits Section 2: Schedule V,Speed Limit Zones,of Chapter 12,Motor Vehicles and Traffic, of the Code of Ordinances of the City of Huntsville,Texas,shall be revised to reflect the amendments made by this ordinance. Section 3: The City Council hereby determines and declares that the speed limits described herein are the maximum prima facie speed limits reasonable and prudent as indicated by an engineering and traffic investigation. Proof that any person drives a vehicle upon the streets in excess of the speed limit so indicated shall be prima facie evidence that the speed was not reasonable or prudent and that it was unlawful. Section 4: The City Manager is authorized and directed to cause the posting of proper signs at the above described locations to show the prima facie maximum speed limits. Section 5: Any person,firm or corporation violating any provision of this ordinance or failing to comply with any requirement of the ordinance will be guilty of a misdemeanor and subject to a fine of up to two hundred($200.00)dollars upon conviction. Each day during or upon which a person shall violate or continue violation of any provision of this ordinance or non-compliance with any requirement of this ordinance shall constitute a distinct and separate offense. The violation of any provision of the ordinance or the failure to comply with any requirement of this ordinance shall each constitute a distinct and separate offense. Section 6: If any section,subsection,sentence,clause,phrase or portion of this ordinance is for any reason held invalid or unconstitutional,such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect any of the remaining provisions of this ordinance. Section 7: All ordinances and parts of ordinances in conflict with the provisions of this ordinance are hereby repealed; provided,however, that such repeal shall be only to the extent of such inconsistency and in all other respects this ordinance shall be cumulative of other ordinances regulating and governing the subject matter covered by this ordinance. Section 8: This ordinance shall take effect ten (10) days after its passage by the City Council. The City Secretary shall publish the caption of this ordinance in the official City newspaper at least twice within ten(10)days of its passage.// PASSED AND APPROVED THIS&/a7day of W,6Lf1 1992. THE CITY OF HUNTSVILLE zwz�✓ � William H.Hodges,Mayor ATTEST: Melba yers,Cit4Secreta APPROVED AS TO FORM: Scott B unds,City Attorney RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: Ordinance 92-5 Chlorine-Public Spas,Hot Tubs,&Pools 03-31-92 Iy` ORDINANCE NO.92- 5 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, INCREASING THE CHLORINE TREATMENT REQUIRED FOR SWIMMING POOLS; REQUIRING CHLORINE TREATMENT FOR SPAS AND HOT TUBS; PROVIDING A PENALTY OF UP TO$1,000.00 FOR EACH DAY IN VIOLATION OF THE ORDINANCE; PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE,TEXAS, that: SECTION 1: Chapter 6,Buildings and Building Regulations,of the Code of Ordinances of the City of Huntsville,Texas,is hereby amended by the repeal of subsection 6-2(11)(a)as presently constituted,and by the adoption of a new Section 6-2 (11)(a)that shall read as follows: (a) Any person owning or maintaining any swimming pool shall maintain such pool in a sanitary condition. The bacterial content of the water in any swimming pool shall not be allowed to exceed the safe limits as prescribed by established standards of the state department of health. Residual chlorine from 1.5 to 2.0 parts per million units of water or any other method of disinfectant approved by the state department of health shall be maintained in every swimming pool throughout the period of their use. Spas and hot tubs are required to maintain a minimum of 3.0 parts per million of residual chlorine. SECTION 2: Any person,firm,or corporation violating any provisions of this Ordinance or failing to comply with any requirement of this Ordinance will be guilty of a misdemeanor and subject to a fine of up to one thousand dollars ($1,000) upon conviction. Each day during or upon which a person shall violate or continue violation of any provision of this Ordinance or non-compliance with any requirement of this Ordinance shall constitute a distinct and separate offense. The violation of any provision of this Ordinance or the failure to comply with any requirement of this Ordinance shall each constitute a distinct and separate offense. SECTION 3: If any section, subsection, sentence, clause, phrase or portion of the Ordinance for any reason shall be held invalid or unconstitutional, such portion shall be deemed a separate,distinct and independent provision and such holding shall not affect any of the remaining provisions of this Ordinance. SECTION 4: All Ordinances and parts of Ordinances in conflict with the provisions of this Ordinance are hereby repealed;provided,however,that such repeal shall be only to the extent of such inconsistency and in all other respects this Ordinance shall be cumulative of other Ordinances regulating and governing the subject matter covered by this Ordinance. SECTION 5: The City Secretary is hereby directed to cause the caption of this Ordinance to be published at least twice within ten (10) days of final passage. This Ordinance is to take effect ten(10)days after the date of final passage. PASSED AND APPROVED this,�arday of � �Lh 11992. THE CITY OF HUNTSVILLE W.It.RodiA.Mayor ATTEST: Melb Byers,City Secr ary APPROVED AS TO FORM: ,Jl v LIL Scott Bounds,City Attorney RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: Ordinance 92-6 Auth.Notice to Bidders to Issue C.O.-Cab&Chas. 03-31-92 CORRECTION This Document Has Been Rephotographed To Assure Legibility. Microfilming Target RMD 210(August 1987) Texas State Library Reproduction of this form at the agency State Records Center level is authorized. RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: Ordinance 92-6 Auth.Notice to Bidders to Issue C.O.-Cab&Chas. 03-31-92 ORDINANCE NO.92-6 AN ORDINANCE AUTHORIZING PUBLICATION OF NOTICE TO BIDDERS AND NOTICE OF INTENTION TO ISSUE CERTIFICATES OF OBLIGATION FOR A CHASSIS CAB;AND MAKING VARIOUS PROVISIONS RELATED THERETO. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS,that: SECTION 1:The City Manager is hereby authorized and directed to cause to be published a notice to bidders and notice to issue Certificates of Obligation in substantially the following form: NOTICE TO BIDDERS AND NOTICE OF INTENTION TO ISSUE CERTIFICATES OF OBLIGATION CHASSIS CAB BID NO.92-16 NOTICE IS HEREBY GIVEN that the City of Huntsville,Texas,is now accepting sealed bids for a 1992 chassis cab. Bids will be received until 10:30 a.m.,Tuesday,April 21,1992, in the City of Huntsville Council Chambers,1212 Avenue M,at which time the bids will be opened. The City Council tentatively proposes to let a contract for such purpose and to authorize issuance of Certificates of Obligation,in accordance with the terms and provisions of this notice,at its April 28,1992,meeting or at a subsequent meeting of the City Council in City Hall. Copies of specifications are on file and may be obtained or examined at the office of the Purchasing Department of the City at the City Service Center,80 Highway 75 North. The City reserves the right to accept any bid deemed most advantageous, including alternates, to reject any or all bids,and to waive any informality. It is the intention of the City to pay all or any part of any contractual obligation to be incurred for such purchase by the issuance of a Certificates of Obligation of the City pursuant to Texas Local Government Code Chapter 271 and payable from City ad valorem taxes,in the maximum aggregate principal amount of$25,000,bearing interest at a rate not in excess of that prescribed by Texas Revised Civil Statutes Article 717k-2,and maturing over a period of years not to exceed 20 years from the date thereof. The successful bidder will be required to accept such Certificates of Obligation in payment of all or any part of the contract price. The City Council has made provisions for each contractor to sell and assign the Certificates of Obligation and each bidder is required to elect whether the contractor will accept the Certificates in payment of all or a part of the contract price,or assign such Certificate in accordance with such arrangements. SECTION 2:The notice set forth in Section 1 shall be published once a week for two(2) consecutive weeks in the Huntsville Item,a paper that is of general circulation in the City of Huntsville and that has been duly designated as the official newspaper of the City. The date of first publication shall not be less than fourteen (14) days prior to the date set in the notice for the receipt and opening of bids by the City. SECTION 3:This ordinance shall take effect and be in full force and effect immediately after its passage. �, PASSED AND APPROVED this�//u day of l;/I�Z/ , 1992. THE CITY OF HUNTSVILLE,TEXAS by W.H.Hodges,May6l/ ATTEST: Melba Byers,City SeCIT ary APPROVED AS TO FORM: (.fid Scott Bounds, City Attorney RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: Ordinance 92-7 Amends Code of Ord.- 1991 Std.Fire Prev. 04-07-92 ORDINANCE NO.92- 7 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, AMENDING CHAPTER 8, FIRE PREVENTION AND PROTECTION,OF THE CODE OF ORDINANCES OF THE CITY OF HUNTSVILLE; ADOPTING THE 1991 VERSION OF THE STANDARD FIRE PREVENTION CODE;PROVIDING FOR THE APPOINTMENT AND DUTIES OF A FIRE MARSHAL; CREATING THE POSITION OF BUILDING/FIRE OFFICIAL; AUTHORIZING THE BUILDING/FIRE OFFICIAL TO ENFORCE THE FIRE CODE; DESIGNATING THE BUILDING/FIRE OFFICIAL AS ITS CODE ENFORCEMENT OFFICIAL TO RECEIVE SEARCH WARRANTS TO ENTER PREMISES TO DETERMINE THE PRESENCE OF FIRE OR HEALTH HAZARD OR UNSAFE CONDITIONS; PROVIDING FOR A PENALTY OF UP TO $1,000.00 FOR EVERY VIOLATION OF THIS ORDINANCE; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE,TEXAS, that: SECTION 1: Section 8-1,Fire Prevention Code-Adopted,of the Code of Ordinances of the City of Huntsville,Texas,is amended to read as follows: Section 8-1. Fire Prevention Code-Adopted. The book entitled,"Standard Fire Prevention code,1991 Edition"(a copy of which, authenticated by the signatures of the Mayor and City Secretary,and made a public record by this section,is on file in the City Secretary's office)is hereby adopted as the fire prevention code of the City as fully as if copied at length in this chapter,and the provisions thereof shall be controlling in the storage, use or handling of hazardous materials, substances or devices, and in the repair, equipment, use, occupancy,and maintenance of every existing building or structure within the City. SECTION 2: Section 8-15,City Fire Marshal,Appointment,of the Code of Ordinances of the City of Huntsville,Texas,is amended to read: Section 8-15. City Fire Marshal,Appointment. The fire marshal for the City of Huntsville shall be appointed by the City Manager. SECTION 3: Section 8-25 to 8-27 of the Code of Ordinances of the City of Huntsville, Texas,are hereby amended,renumbered,and made a part of a new Article III,Building/Fire Official, that shall read as follows: ARTICLE III. BUILDING/FIRE OFFICIAL Section 8-30. Inspection of Mercantile, Manufacturing and Public Buildings. It shall be the duty of the Building/Fire Official to enter upon and make,or to cause to be entered upon and made,annually or more often a thorough examination of all business mercantile,manufacturing and public buildings,together with the premises belonging thereto. He shall be responsible for the enforcement of the fire code of the City of Huntsville in each instance where such code calls for action by the Fire Official, Fire Chief in the adopting ordinance for such fire code. Section 8-31. Ordering Removal or Repair of Dangerous Buildings,Accumulations, etc. Whenever the Building/Fire Official finds any building or other structure which,for want of repair or by reason of age or dilapidated condition or for any cause, is specially liable to fire, and which is so situated as to endanger other buildings or property or so situated that fire would endanger persons or property therein, and whenever he shall find an improper or dangerous arrangement of stoves, ranges, furnaces or other heating apparatus of any kind,including chimneys,flues and pipes with which the same may be connected, or a dangerous arrangement of lighting devices or systems or a dangerous or unlawful storage of explosives, compounds, petroleum,gasoline,kerosene,chemicals,vegetable products,ashes or combustible, inflammable and refuse materials, or other conditions which may be dangerous in character or liable to cause or promote fire or create conditions dangerous to firemen or occupants,he shall order the same to be removed or remedied,and such order shall be forthwith complied with by the owners or occupant of such building or premises. If the owner or occupant deems himself aggrieved by such order,he may, within five (5) days, appeal to the Mayor, who shall investigate the cause of the complaint and,unless by his authority the order is revoked,such order shall remain in force and be forthwith complied with by the owner or occupant. Section 8-32. Right of Entry. The Building/Fire Official shall have the authority,at all times of day or night,when necessary in the performance of the duties imposed upon him by the provisions of this article,to enter upon and examine any building or premises where any fire has occurred and other building or premises adjoining or near the same,which authority shall be exercised only with reason and good discretion. Section 8-33. Warrants. For the purpose of search warrants issued under Article 18.05 or the Texas Code of Criminal Procedure,the Building/Fire Official shall be the code enforcement officer for the City. SECTION 4: Any person,firm,or corporation violating any provisions of this Ordinance or failing to comply with any requirement of this Ordinance will be guilty of a misdemeanor and subject to a fine of up to one thousand dollars ($1,000) upon conviction. Each day during or upon which a person violates or continues to violate any provision of this Ordinance or not comply with any requirement of this Ordinance shall constitute a distinct and separate offense. The violation of any provision of this Ordinance,or the failure to comply with any requirement of this Ordinance, shall each constitute a distinct and separate offense. SECTION 5: If any section, subsection, sentence, clause, phrase or portion of the Ordinance for any reason shall be held invalid or unconstitutional, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect any of the remaining provisions of this Ordinance. SECTION 6: All Ordinances and parts of Ordinances in conflict with the provisions of this Ordinance are hereby repealed;provided,however,that such repeal shall be only to the extent of such inconsistency and in all other respects this Ordinance shall be cumulative of other Ordinances regulating and governing the subject matter covered by this Ordinance. SECTION 7: The City Secretary is hereby directed to cause the caption of this Ordinance to be published at least twice within ten (10) days of final passage. This Ordinance is to take effect ten(10)days after the date of final passage. PASSED AND APPROVED this7 th day of April ,1992. THE CITY OF HUNTSVILLE W.H. o ges.Mayo ATTEST: r Melba y.s,City Secr ry APPROVED AS TO FORM: - (W Sco l3oun s,City Attorney RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: Ordinance 92-8 Taxicabs&Other Vehicles For Hire 05-08-92 ORDINANCE NO.92- 8 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, AMENDING CHAPTER 16, TAXICABS AND OTHER VEHICLES FOR HIRE, OF ITS CODE BY MOVING THE BOARDING AREAS FOR TAXICABS AND OTHER VEHICLES FOR HIRE; BY PERMITTING SIMULTANEOUS LOADING OF MORE THAN ONE VEHICLE FOR HIRE IN CERTAIN BOARDING ZONES; BY RESTRICTING THE NUMBER OF VEHICLES ANY COMPANY MAY HAVE IN THE BOARDING AREA; AND BY RESTRICTING THE PERMITTING OF VEHICLES WITH A PASSENGER CAPACITY OF MORE THAN SIX (6); PROVIDING A PENALTY OF UP TO $1,000 FOR VIOLATION OF THIS ORDINANCE; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS,THAT: SECTION 1: Sections 16-02(K), 16-36(A), 16-48,and 16-50 through 16-53 of Chapter 16. Taxicabs and Other Vehicles for Hire,of the Code of Ordinances of the City of Huntsville,Texas,are hereby amended to read as follows: Section 16-02(K) K. Taxicab means every automobile or motor-propelled vehicle, with a rated passenger capacity of five(5)or less,used for the transportation of passengers for hire over the public streets of the city irrespective of whether or not the operation extends beyond the limits of the city,but does not include: 1. Vehicles moving on fixed rails; 2. Vehicles used for mass transportation and of the size and design commonly called buses and moving on fixed routes and schedules; 3. The vehicles which are rented to another and in the possession and control of the person renting the same, the services of a driver not being furnished therewith; 4. Vehicles not used in the business of transportation, but used occasionally for the transportation of selected passengers by private and special arrangements. 5. Vehicles used for transportation in limousine or van services, which provide transportation for hire,not over fixed route,by means of an 1 limousine, extended limousine,or van operated by chauffeurs,on the basis of telephone contract,written contract,or other prearrangement. 6. Vehicles that are permitted through the Railroad Commission for the ground transportation of passengers, over routes other than fixed routes,within the boundaries of the state of Texas. See Texas Administrative Code title 16;especially 16 TAC§5.248(b)(2)(A). Sec.16-36. Vehicle requirements and inspections. A. All vehicles operated as taxicabs shall be no more than ten(10)model years old. Further,the vehicle in service shall be kept in clean condition, free of foreign matter and of offensive odors. There shall be no litter in the vehicle or trunk or on floor mats and the upholstery and floor mats shall be kept clean and without holes or large wear spots. The vehicle shall be free from damaged fenders and bodies, defective paint and other conditions making taxicabs unsightly. No taxicab shall have less than four doors, and each taxicab must be a vehicle designed to carry not more than five(5)passengers in accordance with manufacturer specifications;provided,however,any vehicle presently permitted to operate as a taxicab may continue to be repermitted until otherwise retired from service in accordance with these rules. See 16 T.A.C.Section 5.248(b)(2). No taxicab shall be equipped with shades,curtains or any other vision-obstructing devices. No taxicab shall have an interior of less than one hundred ten(110)cubic feet and not more than one hundred sixty(160)cubic feet,as defined in 40 Code of Federal Regulations, Section 600.315-82(a)(v-ix). Sec.16-48. Soliciting of passengers within the Walls area. A. A person commits an offense if the person intentionally or knowingly occupies a public street,sidewalk,or parking lot within the Walls area and the person solicits another person to ride a taxicab or other vehicle for hire except as expressly authorized by this chapter. B. It shall be unlawful for a person within the Walls area to solicit another person by word sound or gesture while driving a taxicab, or other vehicle for hire,on any public street,or while the same is parked on a public street,or while the person so soliciting is on any such street or sidewalk, except as expressly authorized by this chapter. C. A driver may not cruise a taxicab, or other vehicle for hire,over any public street. The term"cruise"means the movement of an unoccupied vehicle for hire over the public streets by any other than the most direct practicable route to its destination or returning therefrom;or to drive a taxicab or other vehicle for hire upon any public street for the purpose or with the expectation of being hailed by a prospective passenger who has not called for the taxicab;but 2 if such driver be signaled by an intending passenger,without solicitation, the driver may transport such passenger. Sec.16-50. Staging for Walls area. A staging area, specific for taxicabs and other vehicles for hire in the Walls area, shall be designated on the north side of 12th Street at Avenue J extending east from the intersection of Avenue J approximately thirty(30)feet. Vehicles for hire will not park,stand or stop in a manner that will block any private driveway. Sec.16-51. Staging area--Regulations for use. A. Taxicabs or other vehicles for hire as outlined in this chapter may use the staging area to await entry into a boarding area. B. It shall be unlawful for any person,or driver of a taxicab or other vehicle for hire waiting in the staging area,to solicit or accept a passenger. C. A driver shall not leave the interior of his/her taxicab or other vehicle for hire while parked or stopped in the staging area. Sec.16-52. Ground transportation service--Boarding for Walls area. City boarding areas shall be established for the Walls area at the following locations: A. Boarding area I begins on the north side of the 1000 block 12th Street approximately seventy-six(76)feet from the northwest corner of Avenue J at 12th Street and extends west for approximately fifty (50) feet. Use of this location is reserved exclusively for taxicabs permitted with the city for the transportation of passengers. B. Boarding area II begins on the south side of the 1000 block of 12th Street approximately fifty-seven(57)feet from the southwest corner of Avenue J at 12th Street and extends west for approximately eight-seven(87)feet. Use of this location is reserved exclusively for vehicles permitted by the Railroad Commission for ground transportation services between cities in the State of Texas. No vehicle accepting passengers from this location may deliver any fare to a location within the incorporated city limits of Huntsville. Sec.16-53. Boarding areas--Regulations for use. A. All taxicabs and other vehicles transporting released Texas Department of Criminal Justice inmates for hire are required to use the designated boarding areas located within the Walls area. B. Use of the boarding areas shall be for taxicabs permitted by the City of Huntsville or other vehicles for hire that have been permitted by the Texas railroad commission. 3 C. No driver shall permit more than one vehicle for hire permitted by one company to use Boarding Area II at a time. D. If the railroad commission permits more than four(4)companies to provide vehicle for hire service from the Walls area, then the permitted companies may use the boarding area on a first come basis; provided, (1) that no company shall have more than one vehicle in the staging or boarding area at a time; and (2) the vehicle in the staging area shall have priority access to boarding area upon departure of a vehicle from the boarding area. E. No more than two (2) taxicabs or one (1) vehicle for hire, from any one company may occupy either boarding area,in any combination, at the same time. F. All parking of vehicles within the designated staging and boarding areas must be parallel to the curb or curb lines and in compliance with state law and city ordinance; G. Drivers of taxicabs or other vehicles for hire using the boarding areas must be in compliance with Section 16-52 of this chapter. H. A driver shall not leave the interior of his/her taxicab or other vehicle for hire except to assist a passenger as reasonably necessary after being engaged. I. A driver shall not perform or allow to be performed repairs or maintenance on a taxicab,or other vehicle for hire,while parked in the staging or boarding area. J. A person shall not park a taxicab,or other vehicle for hire,in a boarding area unless the vehicle is for hire. K. The driver of a taxicab or other vehicle for hire must attend the vehicle at all times when the vehicle is parked in a staging or boarding area. L. A driver of a vehicle for hire may solicit passengers,but only by posting signs in or on the vehicle for hire which state only fare and destination information. SECTION 2:Any person,firm,or corporation violating any provisions of this Ordinance or failing to comply with any requirement of this Ordinance will be guilty of a misdemeanor and subject to a fine of up to one thousand dollars ($1,000) upon conviction. Each day during or upon which said person shall violate or continue violation of any provision of this Ordinance or non-compliance with any requirement of this Ordinance shall constitute a distinct and separate offense. The violation of any provision of this Ordinance or the failure to comply with any requirement of this Ordinance shall each constitute a distinct and separate offense. 4 SECTION 3: If any section, subsection, sentence, clause, phrase or portion of the Ordinance for any reason shall be held invalid or unconstitutional, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect any of the remaining provisions of this Ordinance. SECTION 4: All Ordinances and parts of Ordinances in conflict with the provisions of this Ordinance are hereby repealed;provided,however,that such repeal shall be only to the extent of such inconsistency and in all other respects this Ordinance shall be cumulative of other Ordinances regulating and governing the subject matter covered by this Ordinance. SECTION 5: The City Secretary is hereby directed to cause the caption of this Ordinance to be published at least twice within ten (10) days of final passage. This Ordinance is to take effect - Mlj,, R 1992. PASSED AND APPROVED thisday of 1992. THE CITY OF HUNTSVILLE Z2� b W.H.Hodges.Mayor' ATTEST: Melb Byers,City Secretiyy APPROVED: ,(LW Scott Bounds,City Attorney 5 I Chapter 16 Taxicabs and Other Vehicles for Hire City of Huntsville CONTENTS Article I. In General 16-01. Statement of Policy ........ ....................... ............. 1 16-02. Definitions .................................................. 1 Article II.Operating Permit 16-03. Required .................................................... 3 16-04. Granted by the chief of police--Service requirements. ................... 3 16-05. Application ............ ...................................... 3 16-06. Permit fees--Granting of operating permit. ........................... 4 16-07. Expansion of number of vehicles authorized by operating permit. .......... 5 16-08. Suspension or revocation and appeal. ............................... 5 16-09. Display of permit. . ............................................ 6 16-10. Use of permit. .. . ... ........ ....... ........................... 7 16-11. Substitution of vehicle operated under permit. ........................ 7 16-12. Revocation of permit--Removal of all identifying markers. ............... 7 16-13. Taximeters required--Specifications. ................................ 7 16-14. Taximeter--Inspections--Approval--Maintenance. ....................... 8 16-15. Taximeter--Operation. .......................................... 9 16-16. Taximeter--When to be in the earning position. ....................... 9 16-17. Taximeter--Breaking seal,adjusting. ................................ 9 16-18. Taximeter--Encasement of wires. ................................. 10 16-19. Schedules--Adults--School children. ............................... 10 16-20. Schedules--Children. .. ... ... .................................. 11 16-21. Schedules--Luggage. ........................................... 11 Page 3 16-22. Schedules--Dogs. ............................................. 11 16-23. Schedules--Joint trips. ......................................... 11 16-24. Attempt to defraud passenger. ................................... 12 16-25. Time calls. .................................................. 12 16-26. Fare card. .................................................. 12 16-27. Receipt for fares. ............................................. 12 Article IIL Chauffeur's License for Drivers 16-28. Required. .................................................. 12 16-29. Application generally. ......................................... 13 16-30. Chauffeur's license fee. ........................................ 13 16-31. Application--Issuance. ......................................... 14 16-32. Denial of chauffeur's license. .................................... 14 16-33. Revocation. ........... ...................................... 14 16-34. Display. .................................................... 15 Article IV.Vehicles and Equipment 16-35. False representation as a taxicab. ................................. 15 16-36. Vehicle requirements and inspections. ............................. 15 16-37. Required equipment. .......................................... 18 16-38. Vehicle color scheme and distinctive markings. ....................... 19 16-39. Required vehicle identification--Generally. .......................... 19 16-40. Required vehicle identification--Number assigned by city--Issuance of certificate. ................................................. 19 Page 4 Article V. Service Regulation 16-41. City-wide taxicab service required. ................................ 20 16-42. Representation of availability of taxicab. ........................... 20 16-43. Refusal to convey passengers..................................... 21 16-44. Passenger limitations. .......................................... 21 16-45. Carrying passengers by direct route. ............................... 21 16-46. Exclusive use. ........... .................................... 21 16-47. Receiving or discharging passengers in roadway. ........ .............. 22 16-48. Soliciting of passengers within the Walls area. ....................... 22 16-49. Hearings. .......................................... ......... 22 Article VI. Regulations Affecting Taxicabs and Other Vehicles for Hire 16-50. Staging for Walls area. ......................................... 23 16-51. Staging area--Regulations for use. ................................ 23 16-52. Ground transportation service--Boarding for Walls area ................ 23 16-53. Boarding areas--Regulations for use. .... .................... ...... 24 16-54. Conduct of drivers. .................... ....................... 25 16-55. Return of passenger's property. ........................ .......... 25 16-56. Service regulations for business establishments requesting taxicabs for customers. ..... ............................................. 25 Article VH. Miscellaneous Holder and Driver Regulations 16-57. Holder's and driver's duty to comply. .................... .......... 26 16-58. Holder's duty to enforce compliance by drivers. ...................... 26 16-59. Driver as independent contractor. ................................ 26 Page 5 16-60. Insurance. .................................................. 27 16-61. Driver's manifest sheets. .... ................................... 28 16-62. Holder's records and reports. .................................... 28 Chapter 16 TAXICABS AND OTHER VEHICLES FOR HIRE Article I. In General Sec.16-01. Statement of Policy This chapter governs the operation of vehicles for hire for ground transportation purposes. The chapter,however,is not a limitation on the power of the city council to incorporate in a grant of operating authority special provisions relating to the operation of the ground transportation service particular to the grant. To the extent that a special provision conflicts with this chapter,the special provision controls. Sec.16-02. Definitions For the purposes of this chapter: A. Annual permit means permission granted by the city to a person to operate a taxicab service in the city for a period of time stated in the permit,renewable under the provisions of this chapter. B. Application means the written request required for an annual permit and/or city chauffeur's license. C. Boarding area means a public street place alongside the curb or curb lines of a street which has been designated by the city as reserved exclusively for the use of taxicabs, or other vehicles for hire that have been permitted by the railroad commission, for ground transportation services for providing rides for compensation in accordance with the provisions of this chapter. D. Holder means a person who is granted an annual permit under this chapter. E. Manifest means the daily record prepared by a driver upon which appears his/her name and vehicle number; date and hours of operation; time, place, origin,and destination of each trip; number of passengers and amount of fare and other charges; and all other information as required by this chapter. F. Other vehicles for hire are those vehicles,other than taxicabs,that are permitted through the Railroad Commission for the ground transportation of passengers, over routes other than fixed routes,within the boundaries of the state of Texas. G. Passenger means an individual, other than a driver, being transported by a taxicab or other vehicle for hire. Page 2 H. Person means an individual,partnership,corporation,company,association,co- op or other legal entity. I. Rated passenger capacity means that designated in number by the manufacturer, or,if none,that designated in number by the chief of police. J. Stagine area means a public street place alongside the curb or curb lines of a street which has been designated by the city as reserved exclusively for the use of taxicabs, or other vehicles for hire that have been permitted by the railroad commission,for ground transportation services,while waiting to occupy an open space in a taxicab stand. K. Taxicab means every automobile or motor-propelled vehicle, with a rated passenger capacity of five(5)or less,used for the transportation of passengers for hire over the public streets of the city irrespective of whether or not the operation extends beyond the limits of the city,but does not include: 1. Vehicles moving on fixed rails; 2. Vehicles used for mass transportation and of the size and design commonly called buses and moving on fixed routes and schedules; 3. The vehicles which are rented to another and in the possession and control of the person renting the same,the services of a driver not being furnished therewith; 4. Vehicles not used in the business of transportation,but used occasionally for the transportation of selected passengers by private and special arrangements. 5. Vehicles used for transportation in limousine or van services,which provide transportation for hire, not over fixed route, by means of an limousine, extended limousine,or van operated by chauffeurs,on the basis of telephone contract,written contract,or other prearrangement. 6. Vehicles that are permitted through the Railroad Commission for the ground transportation of passengers,over routes other than fixed routes,within the boundaries of the state of Texas. See Texas Administrative Code title 16;especially 16 TAC§5.248(b)(2)(A). L. Taximeter means a device that mechanically or electronically computes,records and/or indicates a fare based upon the distance travelled,the time a vehicle for hire is engaged and any other basis for charges which are specified in the rate Page 3 ordinance pertaining to the holder. M. Walls area means that area bounded by 11th Street, University Avenue, 13th Street,and Avenue H. Article II.Operating Permit Sec.16-03. Required A. A person commits an offense if the person operates a taxicab service inside the city without an operating permit granted under this chapter. B. A person commits an offense if the person transports a passenger for hire inside the city by taxicab unless the person driving the taxicab or another who employs or contracts with the driver has been granted an operating permit under this chapter. C. No person shall engage or hire a taxicab that the person knows does not have an operating permit from the city. D. No vehicle permitted as a taxicab may be operated as a limousine. Sec.16-04. Granted by the chief of police--Service requirements. Before an operating permit is granted, the application for the permit must be approved by the chief of police.The permit shall not be granted unless: A. The applicant is fit,willing and able to operate the taxicab service in accordance with the requirements of this chapter and other applicable law; and B. The applicant has furnished the information required by section 16-05 of this article. Sec.16-05.Application To obtain an operating permit,a person shall make application to the chief of police in the manner prescribed by this section. The applicant must be the person who shall own,control or operate the proposed taxicab service. An applicant shall file with the chief of police a written,verified application statement containing the following: A. Name,address and verified signature of the applicant; Page 4 B. The form of business of the applicant; if the business is a partnership,applicant must furnish a copy of the partnership agreement and the name and address of each of the partners; if the business is a corporation, applicant must furnish a copy of the corporate articles of incorporation, a certificate of good standing from the state and the name and address of the officers and directors of the corporation;and if the business is operating under an assumed name,applicant shall provide evidence or registration of the assumed name with the county clerk. C. Description of any past business experience of the applicant, particularly in providing passenger transportation services; D. The number of vehicles and description(including motor identification number, license plate number, vehicle make and model, both name and year) of the vehicles the applicant proposed to use in the operation of the taxicab service and the description of the operations of the proposed taxicab service and the location of the fixed facilities to be used in the operation; E. Description of the proposed insignia and color scheme for the applicant's taxicab; F. Documentary evidence from an insurance company authorized to do business in the state indicating a willingness to provide liability insurance required by this chapter; G. Documentary evidence of payment of ad valorem taxes on the real and personal property to be used in connection with the operation of the proposed taxicab service; H. Such additional information as the applicant desires to include to aid in the determination of whether the requested operating authority should be granted; I. Such additional information as the chief of police considers necessary to assist or promote the implementation or enforcement of this chapter for the protection of the public safety. Sec.16-06. Permit fees--Granting of operating permit. A. The chief of police may grant an operating permit for a twelve (12) month period. Holders of operating permits shall pay the city a permit fee of$100.00 per year per taxicab authorized by the permit,except as provided in Subsection C of this section. The required permit fee will be paid at the time of application for a permit or renewal of a permit. Page 5 B. The city shall refund the amount that a permit fee exceeds two(2)percent of the annual gross receipts derived from the operation of the permitholder's taxicab service during the same period as authorized by the permit if within thirty(30)days after the permit expires the holder submits to the chief of police an accounting, using established and accepted accounting principals, that indicates the amount of the excess. C. If the chief of police finds that applicant has demonstrated his/her fitness to operate the taxicab service and has paid the appropriate fee,the chief of police shall issue a written permit to the applicant permitting operations of a taxicab service with the number of taxicabs as determined. Actual permits will expire on December thirty-first of each year. The chief of police will establish a time period for submission of renewal applications sufficiently in advance of the December thirty-first expiration date, so as to permit timely submission and evaluation of information required by this chapter and action by the chief of police prior to December 31 of each year. The permit fee for any new application for an operating permit or for expansion of the number of vehicles under an existing operating permit which is submitted and approved less than six months prior to December thirty-first of each year will be prorated for each taxicab authorized. Sec.16-07.Expansion of number of vehicles authorized by operating permit. A. If a holder desires to operate a greater number of taxicabs than authorized by the operating permit,the holder shall make application to the chief of police on forms provided by the chief of police. B. Upon the payment of the fee (which may be prorated when appropriate), the chief of police shall issue an amended permit to the holder. The amendment of permit will not affect the original expiration date of the permit. Sec.16-08. Suspension or revocation and appeal. A. Upon complaint alleging violation of any of the provisions of this chapter filed by any person with the chief of police,or upon his/her own motion,the chief of police,after five(5)days notice of the grounds of such complaint to the owner or operators of the taxicabs service against whom complaint is made,shall hear evidence with reference to such complaint,and after such hearing,the chief of police may revoke or suspend the permit of such holder with good cause shown. 1. This section does not restrict the immediate revocation of a city issued permit as outlined in Sec.16-60, C. Page 6 B. Due cause for the suspension or revocation of a permit will include,but not be limited to,the following: 1. The failure of the permitholder to maintain any and all of the general qualifications applicable to the initial issuance of the permit as set forth in Section 16-04 of this article; 2. Obtaining a permit by providing false information; 3. Violation of any part of this chapter. C. The holder shall have the right to appeal the suspension or revocation to the city manager within ten business days of the notice of suspension or revocation. Such appeal will be submitted by a letter addressed to the city secretary stating that an appeal from the decision of the chief of police is desired to the city manager. Upon receiving such notice of appeal, the city manager, as soon as practical thereafter,shall conduct a hearing at which the appealing party will be given an opportunity to present evidence and make argument in his/her behalf. The formal rules of evidence do not apply to an appeal hearing under this section. The city manager shall make its ruling on the basis of a preponderance of the evidence at the hearing. D. The city manager will affirm, modify or reverse the decision of the chief of police. The decision of the city manager is final. E. If no appeal is taken from the ruling of the chief of police in the time and manner as provided in this chapter, the ruling of the chief of police shall be final. F. Any person who continues to operate a taxicab under a permit which has been revoked for any reason while the revocation is in effect shall be considered guilty of a misdemeanor and upon conviction thereof, shall be assessed a penalty accordingly. Every day's violation shall be considered to be a separate offense. Sec.16-09. Display of permit. A copy of the holder's permit as well as any individual certificate authorizing operation of such vehicle shall be displayed in each of the vehicles operated by virtue of the holder's permit. The permit shall be displayed in a clear, protective cover located on the dashboard so it may be seen by any and all passengers in such vehicle. Further,the chief of police or any peace officer shall be permitted to examine the permit upon request.Failure to have such a document displayed within such a vehicle shall be a violation of this chapter. Replacement of the individual certificate authorizing operation of the vehicle shall require payment of a fee of$10.00. Page 7 Sec.16-10.Use of permit. No permit will be used for the operation of a greater number of vehicles than were authorized by the permit. Furthermore,no permit will be used for the operation of the taxi service by anyone except the applicant thereof or any employee or independent contractor of the applicant except as provided in this article. Sec.16-11. Substitution of vehicle operated under permit. The holder of a permit may substitute vehicles operated under the permit for those originally identified for use as provided in Section 16-05 of this article,but only may do so upon completion of the following requirements: A. The holder must provide the information required in Section 16-04 B of this article, on the new vehicle and pay the chief of police a fee of$10.00 to cover administrative costs attendant to the substitution; B. The vehicle must be inspected for compliance with the provisions of Article IV of this chapter,Vehicles and Equipment; C. The permits referred to in Section 16-09 of this article,must be returned to the chief of police,who in turn will issue new permits for the substitute vehicle; D. The new vehicle must be numbered with the same number as assigned to the original vehicle as provided in Section 16-40 of this chapter; E. The holder must demonstrate that the identifying markings on the original vehicle have been removed. Sec.16-12. Revocation of permit--Removal of all identifying markers. Upon the revocation of any permit issued under this chapter, the holder shall immediately remove all lettering identifying the vehicles as taxicabs,including,but not limited to, the vehicle number, the name of the taxicab company under which the taxicab is operating, and any other indication or information indicating that the vehicle is operating as a taxicab. Sec.16-13.Taximeters required--Specifications. A. Every taxicab operating under a permit granted by the city shall be equipped with a mechanical or electronic device(commonly called a taximeter)of a type which will accurately show: 1. The legal fare for each trip; Page 8 2. The minimum fare; 3. When the distance allowed of such minimum fare shall have been travelled; and 4. The total fare as the same increase with each additional fraction of a mile as is determined in Section 16-19 of this article_ If any charge is incurred for waiting time,such charge shall be included in the total shown. B. The mechanical taximeter shall be so constructed and equipped as to show by a visible metal flag, and by an electric light located on top of the taxicab, hereinafter called tell-tale light, whether or not the taxicab is in use by a passenger,the position of such flag indicating that the taxicab is so in use being hereinafter referred to as the earning position.The charge shall be indicated by means of legible figures which are electrically lighted each time the taximeter flag is thrown from vacant (that is, nonearning) to earning position. The electronic taximeter shall be so constructed and equipped as to show by means of tell-tale light as described in this section whether or not the taxicab is being used by a passenger. C. The taximeter shall have a tamper-proof switch,located within the meter head itself,and with suitable outlet for connection with the taxicab system of electrical distribution so that when the taxi meter is in the vacant position, neither the electric light on the taximeter on the dial nor the tell-tale lamp will be lighted. When the meter is activated the fare indicator on the taximeter must be lighted and synchronously the tell-tale light will be lighted. D. The taximeter shall be installed per manufacturer's instructions. A copy of these instruction will be.provided to the chief of police. E. The taximeter shall be considered to show accurately the distance travelled if the error,either above or below the correct distance,is not more that one hundred feet to the mile. Sec.16-14.Taximeter--Inspections--Approval--Maintenance. A. Before installation the taximeter shall be submitted for approval to the chief of police who will approve the same if it complies with the requirements of this vehicle and manufacturer's installation instructions, but not otherwise. If approval be refused, an appeal may be taken to the city manager, who shall promptly hear and decide the same. Page 9 B. After installation, the taximeter shall at all reasonable times be subject to inspection by the chief of police in accordance with the standards set forth in this chapter, the taxicab shall be taken out of service until the taximeter is properly adjusted,repaired or replaced. Sec.16-15.Taximeter--Operation. A. The taximeter shall be installed, and when necessary,lighted as to be plainly visible to all passengers. The meter shall be placed in the earning position when the taxicab is in use by a passenger or passengers,but shall not be so placed at any other time so as to charge any passenger with waiting time or mileage for which he should not be charged. B. The taximeter shall be considered in use by the passenger from the time he enters the same, or, if the taxicab is responding to a call, from the time the taxicab arrives at the place where the passenger is to be picked up and he is notified of such arrival; and ends when the passenger leaves the taxicab,unless he requests the driver to wait. Sec.16-16.Taximeter--When to be in the earning position. The taximeter shall be operated in the earning position whenever the taxicab is being operated with any person other than the driver in the cab. Sec.16-17.Taximeter--Breaking seal,adjusting. A. No person shall,without permission of the chief of police,break any seal placed on an installed taximeter, or make any such changes or adjustments in the mechanism as may affect the accuracy of the operation. B. It shall be unlawful for any taxicab to be operating without a seal on the taximeter installed by the chief of police. C. Whenever a taximeter malfunctions, the taxicab will immediately be removed from service until the taximeter has been repaired. Upon completion of repairs, the holder will make the taximeter available for inspection and the installation of new seals by the chief of police before the vehicle will be permitted to return to service. Page 10 Sec.16-18.Taximeter--Encasement of wires. All wires leading from the taximeter to the tell-tale light on the top of the taxicab and all wires leading from the meter to the positive connection on the taxicab shall be encased in metal cable so as to prevent tampering with such wires. Sec.16-19. Schedules--Adults--School children. The rates to be charged for a taxicab service shall be as follows,and no greater nor lesser rate shall be charged: A. One dollar and twenty cents ($1.20) for the first one-sixth mile or fraction thereof, B. One dollar and twenty cents($1.20)for each mile thereafter or fraction thereof; C. A flat charge of one dollar ($1.00) for each additional passenger over one occupying the taxicab on the same trip or part thereof; D. Twenty-one(.21¢)cents per minute/twelve dollars and sixty cents($12.60)per hour for waiting time,and when the taxicab is engaged by the hour; E. Notwithstanding anything to the contrary in this section or in Section 16-20 of this article, any independent school district may contract with any taxicab permitholder for the transportation of people to and from school upon any terms as to compensation,route and time of furnishing the service as be agreed to in such contracts;and in transporting people under such contract it shall not be necessary for the taxicab to use the taximeter. 1. Taxicab service furnished pursuant to any contract entered into between the permitholder and a third party,including the city,shall not be subject to this section provided that the contract has been approved by the chief of police. F. A taxicab may be so designed that a passenger using a wheelchair can be transported while occupying the wheelchair and can be taken into and out of the cab without leaving the wheelchair. The wheelchair shall be securely fastened in place while the cab is in motion. The design of such cab shall be subject to approval of the chief of police as to its reasonable safety. A charge of two dollars for each trip, in addition to the regular fare, shall be made for each passenger transported in a wheelchair. Page 11 See.16-20. Schedules--Children. Children under seven(7)years old shall be carried without charge,if accompanied by a passenger who pays the regular fare. Children seven(7)years or older shall pay as if they were adults. Sec.16-21. Schedules--Luggage. Each full fare shall entitle a passenger to carry two pieces of hand luggage without extra charge. A charge of one dollar($1.00)on the extra fare meter may be charged for each six pieces, or portion thereof,of hand luggage or shopping bags over two (excluding brief or attache cases),and one dollar for each foot locker or trunk. Sec.16-22. Schedules--Dogs. A maximum of one dollar may be charged on the extra fare meter for each pet, except seeing eye or guide dogs for which no charge will be made. Sec.16-23. Schedules--Joint trips. When two or more passengers have a taxicab go to the same destination,the charge shall be one full fare plus a charge of fifty cents on the extra fare meter for each passenger over one. A. When two or more persons occupy a taxicab at the same time, but leave at different destinations, the first passenger shall pay the regular fare, and the meter shall be thrown to the stop position indicating another trip,and the next passenger to leave shall pay the regular fee from the point at which the flag was thrown to his/her destination. The fare shall be similarly determined for any passenger over two. B. When a taxicab is not originally engaged for a joint trip,nothing in this chapter shall authorize the carrying of additional passengers without the consent of the passenger who first engaged the taxicab. C. The above rules determine the fare which may legally be demanded of each passenger when more than one passenger occupies a taxicab at the same time, but nothing in this chapter shall prevent the passengers from dividing the cost of the trip in any manner they may voluntarily agree upon. Page 12 Sec.16-24.Attempt to defraud passenger. A person who operates a taxicab commits an offense if the person intentionally extends the distance or time for a trip beyond the distance and time necessary for the trip for the purpose of increasing the fare for the trip. Sec.16-25.Time calls. When a passenger requests a taxicab by the hour the driver shall immediately set the taximeter on the time call position and keep it in such position until the passenger ceases to use the cab. Sec.16-26.Fare card. A. The chief of police will provide every taxicab with an information card with dimensions of no less than twelve (12) inches in height and twenty inches in width,which will clearly and legibly show rates and other pertinent information as prescribed by the chief of police. The card will be covered with heavy-duty plastic substance and mounted on the rear of the front seat in such a manner that would prevent removal. The card will be placed at a height where it can easily be read by passengers in the rear seat. B. It shall be unlawful to operate a taxicab without the information card being posted within the vehicle as prescribed. Sec.16-27. Receipt for fares. If demanded by any passenger,the driver in charge of a taxicab shall deliver to the person paying for the hiring of the same, at the time of such payment, a receipt therefor in legible type or writing, whether by mechanically printed receipt or by specially prepared receipt,containing the name of the holder, the taxicab number, any items for which a charge is made, the total amount paid, and the date of payment. Article III. Chauffeur's License for Drivers Sec.16-28.Required. It shall be unlawful for any person to drive or operate a taxicab within the city without first procuring a chauffeur's license from the city.It shall likewise be unlawful for any person holding a permit to conduct a taxicab business in the city to permit any person who does not hold a valid chauffeur's license issued by the city to drive or operate any taxicab owned by him/her or used in connection with his/her taxicab business. Page 13 Sec.16-29.Application generally. In order to obtain a chauffeur's license required by this article, any person so desiring, shall make an application to the chief of police and, at the time of application and at his/her own expense,shall: A. Be eighteen(18)years of age or older; B. Possess the classified state driver's license required for the class of vehicle to be operated by the applicant as defined in article 6687b,section 4A,V.A.T.C.S. C. Be able to read and speak the English language; D. Provide the chief of police with a street address and phone number;an applicant or holder shall notify the chief of police in writing of any change thereto within five(5)business days of the change; E. Execute an authorization in writing for the provision to the city of any and all information which an organization or entity may have concerning the applicant and a release to said organization or entity from all liability which may result from the furnishing of such to the city; F. Be approved for employment by a holder;an applicant shall provide the chief of police with the name and business address of said prospective employer and shall,upon transfer of employment from one holder to another,notify the chief of police of such in writing within five(5)business days of the transfer; G. Submit to a medical examination by a licensed physician on forms provided; H. Provide the chief of police with a certificate executed by a practicing physician in the city stating that the applicant is not afflicted with any physical or mental disability which would reasonably prevent him/her from exercising ordinary and reasonable control over a motor vehicle or which would otherwise endanger the public's health or safety;such certificate shall also state specifically the condition of the applicant's hearing and eyesight. I. Have successfully completed,within the previous twelve(12)months,a defensive driver training course approved by the chief of police. Sec.16-30. Chauffeur's license fee. Each applicant for a chauffeur's license under this article shall pay a fee of ten dollars($10.00)to cover the cost of an investigation of his/her character and fitness for such license. Page 14 Sec.16-31.Application--Issuance. The applicant shall submit any application filed under this article to the chief of police for approval or disapproval. If such application is approved or granted,the chief of police shall issue such chauffeur's license upon the applicant's complying with the provisions of this article. Sec.16-32.Denial of chauffeur's license. Denial of a city chauffeur's license shall include,but is not limited to,the following: A. The applicant has been convicted of any offense of driving while under the influence of alcohol or drugs within the last five(5)years,or four(4)or more moving violations of the traffic laws of this or any other state within the twelve (12)month period immediately preceding the date of the application; B. The applicant has falsified or materially altered or omitted pertinent information in any governmental record, including an application for a city chauffeur's license; C. The applicant has not met the requirements for obtaining a city chauffeur's license as set forth in this article. Sec.16-33.Revocation. A. A chauffeur's permit may be revoked or canceled,by the chief of police,for any offense other than a class C misdemeanor offense committed while operating a taxicab,or for repeated moving violations(4 violations in any 12 month period). B. The chief of police may, without other cause shown, revoke and cancel any chauffeur's license issued under this article upon the violation, by the holder thereof,of any provision of this chapter. C. The holder of a chauffeur's license shall have the right to appeal the revocation to the city manager within ten business days of the notice of revocation. Such appeal will be submitted by a letter addressed to the city secretary stating that an appeal from the decision of the chief of police is desired to the city manager. Upon receiving such notice of appeal, the city manager, as soon as practical thereafter,shall conduct a hearing at which the appealing party will be given an opportunity to present evidence and make argument in his/her behalf. The formal rules of evidence do not apply to an appeal hearing under this section. The city manager shall make its ruling on the basis of a preponderance of the evidence at the hearing. Page 15 Sec.16-34. Display. No person shall drive a taxicab within the city without having his/her chauffeur's license issued under this article displayed in the taxicab within the unobstructed view of the passengers therein. Article IV.Vehicles and Equipment Sec.16-35.False representation as a taxicab. A. A person may not represent that a vehicle is a taxicab if the vehicle is not in fact authorized by an operating permit granted under this chapter. B. A person may not drive a vehicle in the city that is not a taxicab if the vehicle is marked,painted or equipped in a way that is likely to result in mistaking the vehicle for a taxicab. Sec.16-36.Vehicle requirements and inspections. A. All vehicles operated as taxicabs shall be no more than ten(10)model years old. Further,the vehicle in service shall be kept in clean condition,free of foreign matter and of offensive odors. There shall be no litter in the vehicle or trunk or on floor mats and the upholstery and floor mats shall be kept clean and without holes or large wear spots. The vehicle shall be free from damaged fenders and bodies, defective paint and other conditions making taxicabs unsightly. No taxicab shall have less than four doors,and each taxicab must be a vehicle designed to carry not more than five(5)passengers in accordance with manufacturer specifications;provided,however,any vehicle presently permitted to operate as a taxicab may continue to be repermitted until otherwise retired from service in accordance with these rules. See 16 T.A.C.Section 5.248(b)(2). No taxicab shall be equipped with shades, curtains or any other vision- obstructing devices. No taxicab shall have an interior of less than one hundred ten(110)cubic feet and not more than one hundred sixty(160)cubic feet,as defined in 40 Code of Federal Regulations,Section 600.315-82(a)(v-ix). B. Each taxicab shall be inspected before it is placed into service and thereafter at three-month intervals, in accordance with this section and policies and procedures established by the chief of police. Taxicabs shall be inspected at city facilities designated by the chief of police. The cost of such inspection shall be determined by the city council. The inspection cost will be borne by the holder of the operating permit and will be nonrefundable and payable in advance of the inspection. Upon completion of the inspection, if the vehicle meets all the Page 16 requirements of this chapter,a certificate of inspection will be issued and such certificate shall be affixed to the windshield of the inspected vehicle in a plainly visible place. No taxicab for hire requiring inspection under this section shall be operated without having so affixed an inspection certificate showing such taxicab has passed inspection within three(3)months.The inspection required by this section shall include the following: 1. Current safety sticker; 2. Windshield:glass;wipers-switch and operation; defroster; 3. Mirrors:rear and side view; 4. Door and window operation; 5. Door glass; 6. Horn-sound and button operation; 7. Steering: freeplay; 8. General interior condition: panels and dashboard; 9. Floor covering; 10. Upholstery; 11. Seat:frames and covers; 12. Seat belts; 13. Fire extinguisher; 14. Brakes: foot; hand; pulls to one side; low pedal/slack grabs; rubber pedal grab; 15. General body and paint condition; 16. Tires:left front;right front;left rear; right rear;spare; 17. Wheels and rims: straight;balanced; bearings; 18. Exhaust system:leaks;worn;loose; Page 17 19. Headlights: adjustment; low beam; high beam; 20. Stop light; tail light; 21. Rear red reflectors; 22. License plate light(may be part of tail light or separate); 23. turn signal operation: indicator light;switch;front;rear; 24. Company sign light; 25. Two way radio or cellular phone; 26. Meter:seal and clock; tell-tale light operating; 27. Air conditioner; 28. Emission control device; 29. Rate card posted; 30. Taxi I.D.card posted. A taxicab for hire that fails the inspection required by this section will be reinspected once after failure,within fifteen calendar days,without additional charge. Subsequent inspection or reinspection will be done at the fee set forth pursuant to this section. The operating permit of any taxicab to which this section applies shall be considered automatically suspended if the vehicle fails to pass an inspection for conditions affecting safe operation of the vehicle pending correction of the particular defect. The operating permit of any vehicle for hire subject to this section not having equipment required by state or federal law shall be considered automatically suspended pending a hearing to determine whether the operating permit should be revoked. Such a hearing will be before the chief of police and shall be for the purpose of affording the permitholder an opportunity to show cause why the permit should not be revoked. If sufficient cause is not shown,the chief of police shall revoke the operating permit for that vehicle. The operating permit of any vehicle for hire subject to this section,in which the emission control device has been removed,altered or tampered with in violation with state or federal law will be revoked. Any revocation of an operating permit pursuant to this section may be appealed to the city manager; provided,that such appeal is submitted within thirty(30)days after notice of the revocation has been mailed to the last known address of the permitholder. A copy of any such appeal shall be furnished by the permitholder to the chief of Page 18 police. The revocation will remain in effect during the period of any pending appeal. Notwithstanding any other provision of this code, if the city manager, after considering an appeal from revocation of an operating permit pursuant to this section, determines that the operating permit may be reissued if the taxicab involved is brought into compliance with the inspection requirements of this section there shall be a mandatory fee of$25.00 to be paid to the city by the permitholder before the operating permit may be reissued. C. If the chief of police determines that a vehicle for hire is not in compliance with this article,the chief of police may order the vehicle removed from service until it is brought into compliance. Operating a vehicle as a taxicab for hire after it has been ordered removed from service is prohibited and shall be cause for suspension or revocation of the operating permit for that vehicle. D. The chief of police shall establish in writing,and distribute descriptive criteria for passing or failing of the required inspection items as enumerated in subsection B of this section. E. The chief of police shall provide training,inspection certificates and reporting materials for a fee not to exceed the cost of procurement, storage and distribution of such materials and training by the city to those designated to perform such inspection of taxicabs and other vehicles for hire pursuant to this section. Sec.16-37.Required equipment. A holder of an operating permit shall provide and maintain in proper operating condition the following equipment: A. Seatbelts for each passenger, the number of which is determined by the designated seating capacity of the taxicab; B. Heater and air conditioner the heater or air conditioner,as applicable,will be turned on whenever requested by a passenger; C. Fire extinguisher with a minimum rating of 2A10BC; D. Equipment to indicate when a taxicab is operating for hire and when it is not for hire; E. Tell-tale light with a clear lens, which shall be lighted and remain lighted whenever a taxicab is carrying passengers for hire; Page 19 F. Two-way radio on the holder's dispatch frequency or an activated cellular phone for the use of accepting calls for taxi service. Sec.16-38.Vehicle color scheme and distinctive markings. A. A holder of an operating permit shall develop a design of a color scheme and distinctive markings for taxicabs operating under its authority and shall submit the design to the chief of police for approval to insure that the design is not likely to cause confusion with the taxicabs operated by a different taxicab service as well as reasonably suited for taxicab use in accordance with generally prevalent practices of the taxicab business. B. After a design is approved by the chief of police,the holder shall submit to the chief of police a color photograph of a completely equipped taxicab using the approved design. C. The holder shall use only the approved design, as depicted in the submitted photograph for taxicabs operating under its permit unless written approval of a change is obtained from the chief of police. See.16-39.Required vehicle identification--Generally. Every taxicab shall have painted or affixed on the front or rear door,on both sides,the name and telephone number of the taxicab service which operates the taxicab. Such letters and numbers shall be at least two and one-half inches in height and the lines constituting the letters and numbers shall be a least five- sixteenths of an inch broad, and in a color contrasting with the background. Sec.16-40.Required vehicle identification--Numberassigned bycity--Issuanceofcertificate. A. No person shall operate a taxicab without the same being identified by a number to be assigned by the chief of police,which number shall be painted or affixed on the lower right hand side of the back of such vehicle,and on the front or rear door,on both sides of the vehicle,in such a position as not to be obscured by bumpers,state license plates or any other objects. Such numbers shall not be less than three inches height and the line constituting such shall not be less than one-half inch broad,and such numbers shall be of a color so contrasting with the background that the same shall be plainly visible to the normal eye in daylight at a distance of one hundred(100)feet. B. The chief of police shall keep a record of such numbers with information identifying the vehicle to which each number is assigned and the holder of the operating permit under which the vehicle operates. Page 20 C. The chief of police shall issue to each taxicab operating under an operating permit a certificate showing the identifying number of such taxicab as assigned under this section,and the name or business designation and telephone number of the holder of the operating permit under which such taxicab is operating. No person shall operate any taxicab unless such certificate is posted in a place readily visible to the passengers. Article V. Service Regulation Sec.16-41.City-wide taxicab service required. Except as otherwise provided, a holder of an operating permit shall: A. Provide taxicab service on a twenty-four hour of every calendar day basis to the general public to and from any point inside the city to surrounding area that is accessible by public streets. B. Assure that during no part of any calendar day shall less than fifty percent of the taxicabs operating under a holder's permit be on duty and actually engaged in service or immediately available therefor; provided, the requirements of this subsection shall not apply in case of impossibility arising from mechanical breakdowns, illness of employees,or other causes not due to the fault of,and beyond the control of,holder. C. Answer each call received for service as soon as practicable, and if service cannot be rendered within a reasonable time,the holder shall inform the caller of the reason for the delay and the approximate time required to answer the call. D. Provide taxicab service that is operational twenty-four (24) hours each day. Service may be maintained by means of a single dispatch center or through the use of a cellular phone in a taxicab. Dispatcher service means the maintenance of a telephone connection by which a person desiring taxicab service may call the taxicab company, and the employment of a person or persons not less than eighteen years old for the purpose of answering such telephone calls,designating a taxicab driver to answer an accepted call. Sec.16-42.Representation of availability of taxicab. A driver may not represent that his/her taxicab is engaged when it is in fact vacant or vacant when it is in fact engaged. Page 21 Sec.16-43.Refusal to convey passengers. A. While operating a taxicab a driver shall not refuse to convey a person who requests service unless: 1. The person is disorderly; 2. The driver is engaged in answering a previous request for service; 3. The driver has reason to believe that the person is engaged in unlawful conduct;or 4. The driver is in fear of his/her personal safety. B. A taxicab driver shall not refuse service requested by radio dispatch or by telephone when the location for pickup is within a reasonable distance from the location of the taxicab. C. If for any reason a taxicab driver is unable to complete a trip, he shall call his/her dispatcher and summon another taxicab to carry the passenger to his/her destination. Sec.16-44.Passenger limitations. It shall be unlawful for any taxicab driver to carry more than three persons,including the driver in the front seat of any taxicab or to carry more than four persons in the rear seat,not counting infants in arms;or to have the taxicab so loaded with persons or property so as to interfere with the driver's vision or freedom of movement to a point inconsistent with safety of the operation of the taxicab. Sec.16-45.Carrying passengers by direct route. A driver shall carry a passenger to his/her destination by the most direct and expeditious route available unless otherwise directed by the passenger. Sec.16-46.Exclusive use. A. It shall be unlawful for a driver to permit or allow any person who is not a paying passenger to loiter in his/her taxicab while on duty at a walk-up stand,or to ride in the vehicle with a paying passenger. Page 22 B. A passenger engaging a taxicab shall have the exclusive right to full use of the passenger portion thereof, and it shall be unlawful for the driver to solicit or carry additional passengers therein without the consent of the passenger of passengers by whom such taxicab is already engaged. Sec.16-47.Receiving or discharging passengers in roadway. Drivers of taxicabs shall not receive or discharge passengers in the roadway,but shall pull up to the right-hand sidewalk as near as practicable, or in the absence of a sidewalk to the extreme right-hand side of the roadway, and there receive or discharge passengers,except on one-way streets where passengers may be received or discharged at either the right-hand or the left-hand sidewalk, or side of the roadway in the absence of a sidewalk. Sec.16-48. Soliciting of passengers within the Walls area. A. A person commits an offense if the person intentionally or knowingly occupies a public street, sidewalk, or parking lot within the Walls area and the person solicits another person to ride a taxicab or other vehicle for hire except as expressly authorized by this chapter. B. It shall be unlawful for a person within the Walls area to solicit another person by word sound or gesture while driving a taxicab, or other vehicle for hire,on any public street,or while the same is parked on a public street,or while the person so soliciting is on any such street or sidewalk, except as expressly authorized by this chapter. C. A driver may not cruise a taxicab, or other vehicle for hire, over any public street. The term"cruise"means the movement of an unoccupied vehicle for hire over the public streets by any other than the most direct practicable route to its destination or returning therefrom;or to drive a taxicab or other vehicle for hire upon any public street for the purpose or with the expectation of being hailed by a prospective passenger who has not called for the taxicab;but if such driver be signaled by an intending passenger, without solicitation, the driver may transport such passenger. Sec.16-49.Hearings. In any hearings conducted by the chief of police or the city manager under the provisions of this chapter,the burden shall be upon the respondent or appellant as the case may be to show cause why the proposed action should not be taken. Pagc 23 Article VI. Regulations Affecting Taxicabs and Other Vehicles for Hire. Sec.16-50.Staging for Walls area. A staging area, specific for taxicabs and other vehicles for hire in the Walls area, shall be designated on the north side of 12th Street at Avenue J extending east from the intersection of Avenue J approximately thirty(30)feet. Vehicles for hire will not park,stand or stop in a manner that will block any private driveway. Sec.16-51.Staging area--Regulations for use. A. Taxicabs or other vehicles for hire as outlined in this chapter may use the staging area to await entry into a boarding area. B. It shall be unlawful for any person,or driver of a taxicab or other vehicle for hire waiting in the staging area,to solicit or accept a passenger. C. A driver shall not leave the interior of his/her taxicab or other vehicle for hire while parked or stopped in the staging area. Sec.16-52.Ground transportation service--Boarding for Walls area. City boarding areas shall be established for the Walls area at the following locations: A. Boarding area I begins on the north side of the 1000 block 12th Street approximately seventy-six (76)feet from the northwest corner of Avenue J at 12th Street and extends west for approximately fifty (50) feet. Use of this location is reserved exclusively for taxicabs permitted with the city for the transportation of passengers. B. Boarding area II begins on the south side of the 1000 block of 12th Street approximately fifty-seven (57) feet from the southwest corner of Avenue J at 12th Street and extends west for approximately eight-seven(87)feet. Use of this location is reserved exclusively for vehicles permitted by the Railroad Commission for ground transportation services between cities in the State of Texas. No vehicle accepting passengers from this location may deliver any fare to a location within the incorporated city limits of Huntsville. Page 24 Sec.16-53.Boarding areas--Regulations for use. A. All taxicabs and other vehicles transporting released Texas Department of Criminal Justice inmates for hire are required to use the designated boarding areas located within the Walls area. B. Use of the boarding areas shall be for taxicabs permitted by the City of Huntsville or other vehicles for hire that have been permitted by the Texas railroad commission. C. No driver shall permit more than one vehicle for hire permitted by one company to use Boarding Area II at a time. D. If the railroad commission permits more than four(4) companies to provide vehicle for hire service from the Walls area,then the permitted companies may use the boarding area on a first come basis;provided,(1)that no company shall have more than one vehicle in the staging or boarding area at a time; and(2) the vehicle in the staging area shall have priority access to boarding area upon departure of a vehicle from the boarding area. E. No more than two (2) taxicabs or one (1) vehicle for hire, from any one company may occupy either boarding area,in any combination,at the same time. F. All parking of vehicles within the designated staging and boarding areas must be parallel to the curb or curb lines and in compliance with state law and city ordinance; G. Drivers of taxicabs or other vehicles for hire using the boarding areas must be in compliance with Section 16-52 of this chapter. H. A driver shall not leave the interior of his/her taxicab or other vehicle for hire except to assist a passenger as reasonably necessary after being engaged. I. A driver shall not perform or allow to be performed repairs or maintenance on a taxicab,or other vehicle for hire,while parked in the staging or boarding area. J. A person shall not park a taxicab, or other vehicle for hire,in a boarding area unless the vehicle is for hire. K. The driver of a taxicab or other vehicle for hire must attend the vehicle at all times when the vehicle is parked in a staging or boarding area. L. A driver of a vehicle for hire may solicit passengers,but only by posting signs in or on the vehicle for hire which state only fare and destination information. Page 25 Sec.16-54.Conduct of drivers. While on duty a driver shall: A. Conduct himself/herself in a reasonable,prudent and courteous manner; B. Maintain a sanitary and well-groomed appearance; C. Not respond to a radio dispatch assigned to another driver; D. Not consume alcoholic beverages, controlled substances, or other substances which could adversely affect his/her ability to drive a motor vehicle. E. Not monitor the radio frequency of a taxicab company other than his/her own nor respond to a call for service dispatched by another company. F. Not possess a radio equipped to receive the frequency of a taxicab other than his/her own. G. Not interfere with the chief of police in the performance of his/her duties; and H. Comply with all lawful orders of the chief of police issued in the performance of his/her duties. Sec.16-55.Return of passenger's property. A. Upon finding property in a taxicab left by a passenger, the driver shall immediately return the property to the owner. However,if the driver is unable to locate the owner or if the driver does not know the identity or whereabouts, of the owner,the driver shall,within a reasonable time,deliver the property to the holder of the operating permit who employs or contracts with the driver. B. Upon return of the property to the owner or delivery of the property to the holder of the permit, the driver shall prepare a written report stating the description of the property, the identity of the owner if known, the date the property was left in the taxicab, the circumstances relating to the loss,and the taxicab number. The holder of the operating permit shall keep the report on file for at least one year and shall hold the property not less than three months. Sec.16-56.Service regulations for business establishments requesting taxicabs for customers. An employee of a business establishment,other than a taxicab service,who acts as agent in obtaining taxicab service for prospective taxicab passengers shall not solicit Page 26 nor accept payment from a driver in return for giving preferential treatment in directing passengers to a driver's taxicab. Article VII. Miscellaneous Holder and Driver Regulations Sec.16-57.Holder's and driver's duty to comply. A. In the operation of a taxicab service a holder shall comply with the terms and conditions of the provisions of this chapter,other applicable provisions of this code and other laws applicable to the operation of a motor vehicle. B. While on duty a driver shall comply with the provisions of this chapter and other law applicable to the operation of a motor vehicle in the state. Sec.16-58.Holder's duty to enforce compliance by drivers. A. A holder shall establish policy and take action to discourage,prevent or correct violations of this chapter by drivers who are employed by or contracting with the holder. B. A holder shall not permit a driver who is employed by or contracting with the holder to drive a taxicab if the holder knows or has reasonable cause to suspect that the driver has failed to comply with this chapter or other applicable law. C. A holder shall promptly report in writing to the chief of police any action taken by the holder against a driver of any taxicab for any violation of the provisions of this chapter or other applicable law to the operation of a motor vehicle. Sec.16-59.Driver as independent contractor. A. A holder may contract with a driver on an independent contractor basis,but only if the contract: 1. Provides that the holder shall indemnify the city and hold the city harmless for a claim or cause of action arising from the conduct of the driver; 2. Provides that the driver is insured under the holder's fleet insurance policy; 3. Imposes a condition that the driver must comply with this chapter and provides that failure to comply may be considered by the holder as a material breach of the contract. Page 27 B. The form of the contract between the holder and driver must be approved by the chief of police. The chief of police may disapprove a contract form if he determines that the contract is inconsistent with this article or other applicable law. A holder may not use a contract that has been disapproved by the chief of police. A copy of each contract will be furnished to the chief of police within ten(10)days after it has been entered into. Sec.16-60.Insurance. A. A holder shall maintain in force and effect during each year a policy of public liability insurance covering all of the taxicabs operating under its permit. B. The insurance policy required under this section must: 1. Be written by an insurance company authorized to do business in the state and shall be subject to approval by the city; 2. Provide in substance that the company will pay on behalf of the insured all sums which the insured shall become legally obligated to pay as damages because of bodily injury, sickness or disease, including death resulting therefrom,sustained by any person(collectively referred to as bodily injury) or injury or destruction of property, including loss thereof (collectively referred to as property damage)arising out of the ownership,maintenance or use of the taxicabs; 3. The maximum amount recoverable under such policy shall not be less than one hundred thousand($100,000)dollars for bodily injury to one person in any one accident,three hundred thousand dollars($300,000)for bodily injury to two or more persons in any one accident,and fifty thousand dollars ($50,000)for property damage. 4. Contain a provision that it may not be canceled,revoked or annulled by the insurer without giving ten days written notice thereof to the chief of police. The licensee shall not surrender or release such policy without filing in lieu thereof another policy complying with the requirements of this section, or surrendering his/her license. C. Should such policy not be in effect whether by reason of cancellation,expiration or otherwise, the operating permit for that permit holder shall automatically become suspended and the permit shall be automatically revoked. At the time of the revocation hearing before the chief of police,if the permit holder provides proof to the satisfaction of the chief of police that he has secured the required insurance coverage,the chief of police may reinstate the permit. If the chief of police is not so satisfied, the revocation shall remain in effect. If the permit Page 28 holder appeals the revocation to the city manager,the revocation shall remain in effect until final action on the appeal has been taken by the city manager. Sec.16-61.Driver's manifest sheets. A. Each holder shall provide its drivers with forms,approved by the chief of police, for maintaining a daily manifest sheet. The form must include appropriate spaces for recording: 1. Taxicab number,driver's name,date,hours or operation,meter number,total miles driven,paid miles,number of trips made and extra charges; 2. Time,place and exact address of the origin and destination of each trip; 3. Number of passengers and amount of fare and other charges;and 4. Other information required by the chief of police to aid in the discharge of his/her duties. B. Each driver shall complete a manifest sheet on a separate form provided by the permit holder,for each tour of duty. The driver shall provide the information required by the form and shall record the information with regard to trips at the end of each trip. The manifest sheet will remain in the taxicab at all times while the driver is on duty.The driver shall return the completed trip sheet forms to the holder at the end of the driver's working day. C. The holder of the permit for taxicab service shall keep all return manifest sheets for two years from their date,in such order that the sheets for any date may be readily found. Sec.16-62.Holder's records and reports. All holders of permits for taxicab service are required to keep and maintain at all times: A. Complete records of all physical properties used and useful in rendering taxicab service in the city,showing date of purchase,purchase price,terms of payment and extent to which such property has been depreciated,by principal items of property; B. Daily records of revenue segregated by drivers and by cars; C. Daily manifest sheets to be made and signed by each driver; Page 29 D. A complete and accurate record of all expenses incurred in connection with the actual operation of the taxicab business and the maintenance of equipment; E. Permanent records of every call received by telephone and every service performed as a result,showing the exact time of such caller's service,the place thereof,the driver who answered the call,and the time of the driver's departure and return. All of the books,records,accounts and manifests described in this section must be maintained in good condition at a single business location of the holder and shall be available at all reasonable times for inspection by the chief of police. Such records shall be preserved for at least two years from the making thereof. RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: Ordinance 92-9 Southwestern Bell Telephone Franchise Agmt 06-09-92 ORDINANCE NO. AN ORDINANCE WHEREBY THE CITY OF HUNTSVILLE,TEXAS,AND SOUTHWESTERN BELL TELEPHONE COMPANY AGREE THAT,FOR THE PURPOSE OF OPERATING ITS TELECOMMUNICATIONS BUSINESS, THE TELEPHONE COMPANY SHALL MAINTAIN AND CONSTRUCT ITS POLES, WIRES, ANCHORS, FIBER, CABLES, MANHOLES, CONDUITS AND OTHER PHYSICAL PLANT AND APPURTENANCES IN,ALONG,ACROSS,ON,OVER,THROUGH,ABOVE AND UNDER ALL PUBLIC STREETS,AVENUES,HIGHWAYS,ALLEYS, SIDEWALKS, BRIDGES OR PUBLIC PROPERTY IN SAID CITY; PRESCRIBING THE ANNUAL COMPENSATION DUE THE CITY UNDER THIS ORDINANCE;PRESCRIBING THE CONDITIONS GOVERNING THE USE OF PUBLIC RIGHTS-OF-WAY AND THE PERFORMANCE OF CERTAIN CONSTRUCTION WORK ON PUBLIC RIGHTS-OF-WAY FOR THE TELEPHONE COMPANY'S TELECOMMUNICATIONS BUSINESS; PROVIDING AN INDEMNITY CLAUSE; SPECIFYING GOVERNING LAWS;PROVIDING FOR A RELEASE OF ALL CLAIMS UNDER PRIOR ORDINANCES; PROVIDING FOR FUTURE CONTINGENCIES; PROVIDING FOR WRITTEN ACCEPTANCE OF THIS ORDINANCE BY THE TELEPHONE COMPANY;AND PROVIDING FOR A TERM AND AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE,TEXAS, that: SECTION 1. PURPOSE. Pursuant to the laws of the State of Texas, the CITY Charter and this Ordinance, the TELEPHONE COMPANY has the NON-EXCLUSIVE right and privilege to USE the public RIGHTS-OF-WAY in the CITY for tfie operation of a telecommunications system subject to the restrictions set forth herein. The TELEPHONE COMPANY may USE such RIGHTS-OF-WAY for its telecommunications FACILITIES. The TELEPHONE COMPANY'S FACILITIES and TRANSMISSION MEDIA used in or incident to the provision of telecommunications service and to the maintenance of a telecommunications business by the TELEPHONE COMPANY in the CITY shall remain as now constructed, subject to such changes as under the conditions prescribed in this Ordinance may be considered necessary to the public health and safety by the CITY in the exercise of its lawful police powers and such changes and extensions as may be considered necessary by the TELEPHONE COMPANY in the pursuit of its telecommunications business. The terms of this Ordinance shall apply throughout the CITY, and to all operations of the TELEPHONE COMPANY within the CITY, and shall include all operations and FACILITIES used in whole or in part in the provision of telecommunications services in newly annexed areas upon the effective date of any annexation. a 'I t1r, UJ SECTION 2.ADDITIONAL AUTHORITY REQUIRED. The TELEPHONE COMPANY is not authorized to provide cable television service as a cable operator in the CITY under this Ordinance,but must first obtain a franchise from the CITY for that purpose,under such terms and conditions as may be required by law. SECTION 3. DEFINITIONS. Whenever used in this Ordinance,the following words and terms shall have the definitions and meanings provided in this Section: (a) FACILITIES:all TELEPHONE COMPANY duct spaces,manholes,poles,conduits, underground and overhead passageways, and other equipment, structures and appurtenances and all associated TRANSMISSION MEDIA. (b) USE: any TELEPHONE COMPANY acquisition, construction, reconstruction, maintenance or operation of any FACILITIES in, over, under, along, through or across the public RIGHTS-OF-WAY for any purpose whatsoever. (c) CITY: The City of Huntsville,Texas. (d) RIGHTS-OF-WAY: all present and future streets,avenues,highways,alleys,bridges and public property within the city limits of the CITY. (e) DIRECTION OF THE CITY: all ordinances,laws,rules, regulations,and charter provisions of the CITY now in force or that may hereafter be passed and adopted which are not inconsistent with this Ordinance. (f) TRANSMISSION MEDIA: all TELEPHONE COMPANY cables,fibers,wires or other physical devices used to transmit and/or receive communication signals,whether analog, digital or of other characterigtics, and whether for voice, data or other purposes. (g) NON-EXCLUSIVE: no rights agreed to in this Ordinance by the CITY shall be exclusive,and the CITY reserves the right to grant franchises,licenses,easements or permissions to use the public RIGHTS-OF-WAY within the CITY to any person or entity as the CITY,in its sole discretion,may determine to be in the public interest. (h) TELEPHONE COMPANY: Southwestern Bell Telephone Company. Page 2- 17 SECTION 4.TERM. This Ordinance shall continue for a period of five(5)years from the effective date hereof; provided that at the expiration of the initial period,such term may be extended by mutual written agreement of the CITY and TELEPHONE COMPANY. SECTION 5. SUPERVISION BY CITY OF LOCATION OF POLES AND CONDUITS. All poles placed shall be of sound material and reasonably straight,and shall be set so that they will not interfere with the flow of water in any gutter or drain,and so that the same will not unduly interfere with ordinary travel on the streets or sidewalks. The location and route of all poles,stubs,guys,anchors,conduits,fiber and cables placed and constructed by the TELEPHONE COMPANY in the construction and maintenance of its telecommunications system in the CITY shall be subject to the lawful, reasonable and proper control and DIRECTION OF THE CITY. SECTION 6.ATTACHMENTS TO POLES AND SPACE IN DUCTS. Nothing contained in this Ordinance shall be construed to require or permit any pole attachments for electric light or power wires or communications facilities or systems not provided by the TELEPHONE COMPANY to be attached to the TELEPHONE COMPANY'S poles or other physical plant or placed in the TELEPHONE COMPANY'S conduit. If the CITY desires pole attachments for electric light or power wires or communications facilities or systems not provided by the TELEPHONE COMPANY,or if the CITY desires to place communications facilities or systems not provided by the TELEPHONE COMPANY in any TELEPHONE COMPANY duct,then a further separate, noncontingent agreement shall be prerequisite to such attachment(s)or such use of any duct by the CITY. Nothing contained in this Ordinance shall obligate or restrict the TELEPHONE COMPANY in exercising its rights voluntarily to enter into pole attachment, pole usage,joint ownership or other wire space or facilities agreements with light and/or power companies or with other wire-using companies which are authorized to operate within the CITY. SECTION 7. STREETS TO BE RESTORED TO PRE-EXISTING CONDITION. The surface of any public street,avenue, highway, alley or public place disturbed by the TELEPHONE COMPANY in the construction or maintenance of its telecommunications system shall be restored within a reasonable time after the completion of the work to as good a condition as before the commencement of the work. Should the CITY reasonably determine,within one year from the date of such restoration, that such surface requires additional restoration work to place it in as good a condition as before the commencement of the work,the TELEPHONE COMPANY shall perform such additional restoration work to the reasonable satisfaction of the CITY. No public street, avenue, highway, alley or public place shall be encumbered for a longer period than shall be reasonably necessary to -Page 3- y execute all work. SECTION 8. TEMPORARY REARRANGEMENT OF AERIAL WIRES. Upon request,the TELEPHONE COMPANY shall remove or raise or lower its aerial wires, fiber or cables temporarily to permit the moving of houses or other bulky structures. The expense of such temporary rearrangements shall be paid by the party or parties requesting them, and the TELEPHONE COMPANY may require payment in advance. The TELEPHONE COMPANY shall be given not less than forty-eight(48)hours advance notice to arrange for such temporary rearrangements. SECTION 9.TREE TRIMMING. The right, license, privilege and permission is hereby granted to the TELEPHONE COMPANY, its contractors and agents, to trim trees upon and overhanging the streets, avenues, highways, alleys, sidewalks and public places of the CITY so as to prevent the branches of such trees from coming in contact with the aerial wires,fiber or cables of the TELEPHONE COMPANY,and when so directed by the CITY,said trimming shall be done under the supervision and direction of the CITY or of any CITY official to whom said duties have been or may be delegated. SECTION 10. INDEMNITY. The TELEPHONE COMPANY shall indemnify and hold the CITY harmless from all costs, expenses(including attorney's fees)and damages to persons or property arising directly or indirectly out of the construction, maintenance or operation of the TELEPHONE COMPANY'S FACILITIES located within the public RIGHTS-OF-WAY found to be caused solely by the negligence of the TELEPHONE COMPANY. This provision is not intended to create a cause of action or liability for the benefit of third parties but is solely for the benefit of the TELEPHONE COMPANY and the CITY. SECTION 11. ADMINISTRATION OF ORDINANCE. (a) The CITY may, at any time, make inquiries pertaining to this Ordinance and the TELEPHONE COMPANY shall respond to such inquiries on a timely basis. (b) Copies of petitions, applications, communications and reports submitted by the TELEPHONE COMPANY to the Federal Communications Commission or the Public Utility Commission of Texas shall be provided to the CITY upon request. (c) The CITY may establish,after reasonable notice,such rules and regulations as may be appropriate for the administration of this Ordinance and the construction of the TELEPHONE COMPANY'S FACILITIES on CITY property to the extent permitted by law. -Page 4-� SECTION 12. COMPENSATION TO THE CITY. (a) As compensation for the use,occupancy,oversight,supervision and regulation of the CITY'S RIGHTS-OF-WAY,and in lieu of and in full compensation for any lawful tax or license or charge or RIGHT-OF-WAY permit fee or inspection fee,whether charged to the TELEPHONE COMPANY or its contractor(s), or any RIGHT-OF-WAY easement or street or alley rental or franchise tax or other character of charge for use and occupancy of the RIGHTS-OF-WAY within the CITY,except the usual general ad valorem taxes,special assessments in accordance with State law or sales taxes now or hereafter levied by the CITY in accordance with State law, the CITY hereby imposes a Charge upon the Gross Receipts (as hereinafter defined)of the TELEPHONE COMPANY. The amount of the Charge for the first year this Ordinance is in effect shall be$110,000.00. For the second year the Charge shall be $150,000.00 increased by the Growth Factor as set forth in paragraph 12(c),if applicable. For the third year the Charge shall be calculated by adding$43,000.00 to the second year's Charge and that sum shall be increased by the Growth Factor, if applicable. For the fourth and subsequent years while this Ordinance remains in effect,the above Charge is subject to adjustment by application of the Growth Factor set out in paragraph 12(c). This adjustment for the Growth Factor will be made effective as of each anniversary date of this Ordinance. In no event shall the Charge for subsequent years that this Ordinance is in effect be less than the above amount stated for the third year of this Ordinance,except as provided in the case of disannexation as set forth in paragraph 12(e), or as provided in Section 16 herein. The TELEPHONE COMPANY will, according to tariff, bill such Charge to the customers billed the customer service charges included within the term "Gross Receipts," as defined herein. Gross Receipts, for purposes of this Charge, shall include only customer service charges which meet all four of the following conditions: (1)such charges are for TELEPHONE COMPANY services provided within the CITY; (2)such charges are billed through the TELEPHONE COMPANY'S Customer Records Information System("CRIS");(3)such charges are the recurring charges for the local exchange access rate element specified in the TELEPHONE COMPANY'S tariffs filed with the PUC; and (4)such charges are subject to an interstate end user common line ("EUCL") charge as imposed by the Federal Communications Commission("FCC"). The TELEPHONE COMPANY shall adjust its billings to customers to account for any undercollection or overcollection of the Charge due the CITY. (b) The Charge for each year shall be paid in four(4)equal payments. The dates shall be February 28,May 31,August 31 and November 30,with the first payment under this Ordinance due on November 30, 1992. In the event of any over or undercollection from customers at the expiration of this Ordinance, the -Page S- 1G, TELEPHONE COMPANY may make a pro rata one-time credit or charge to the customer billing for affected customers who are billed for a service included within Gross Receipts, as defined in paragraph 12(a)_ This will be accomplished within 150 days following the date of expiration of this Ordinance. If, however, it is impractical to credit any overcollection to customers,then such overcollection shall be paid to the CITY. (c) The Growth Factor shall be calculated by dividing the TELEPHONE COMPANY S revenues within the corporate limits of the CITY subject to the state telecommunications sales tax("Sales Tax Revenues")applicable to services rendered within the corporate limits of the CITY for the twelve month period ending three(3) months prior to the next anniversary date of this Ordinance by the Sales Tax Revenues for the twelve month period ending three(3)months prior to either the initial effective date or the preceding anniversary date of this Ordinance as applicable. The Growth Factor calculated by the method set forth in the preceding sentence,if greater than one,shall be multiplied by the appropriate year's Charge as stated above. For the fourth and subsequent years of this Ordinance, the Growth Factor,if greater than one,shall be multiplied by the then current year's Charge to determine the Charge for the next year. The TELEPHONE COMPANY will adjust its customer billing to account for the Growth Factor calculated above. Once the Growth Factor calculation is completed,the TELEPHONE COMPANY will provide the CITY with the Sales Tax Revenues upon which the Growth Factor calculation was based. The CITY agrees to rely upon audits by the Texas Comptroller of Public Accounts of state telecommunications sales taxes as reported by the TELEPHONE COMPANY which are performed in compliance with Sections 151.023 and 151.027 of the Texas Tax Code Annotated (Vernon's 1952). The Growth Factor shall be recomputed to reflect any final, nonappealable adjustments made pursuant to an audit finding by the Texas Comptroller of an inaccuracy in the TELEPHONE COMPANY'S reports of revenues subject to state telecommunications sales taxes. The Charge shall be recalculated using the Growth Factor recomputed as specified in the preceding sentence,and the recalculated Charge shall be used for all future calculations required by this Ordinance. Any overpayment or underpayment resulting from such recalculation shall be subtracted from or added to the first installment due the following year. If any overpayment or underpayment shall be due during the final year of this Ordinance, then payment shall be made as follows. In the case of overpayment by the TELEPHONE COMPANY, the CITY shall pay such overpayment to the TELEPHONE COMPANY within 150 days following the expiration of this Ordinance and,in the case of underpayment by the TELEPHONE COMPANY, the TELEPHONE COMPANY shall pay such underpayment to the CITY within 150 days following the expiration of this Ordinance. -Page 6-// (d) Such payments shall not relieve the TELEPHONE COMPANY from paying all applicable municipally-owned utility service charges. Should the CITY not have the legal power to agree that the payment of the foregoing Charge shall be in lieu of the taxes, licenses, charges, RIGHTS-OF-WAY permit or inspection fees, rentals, RIGHTS-OF-WAY easements or franchise taxes aforesaid, then the CITY agrees that it will apply so much of such payments as may be necessary to the satisfaction of the TELEPHONE COMPANY'S obligation,if any,to pay any such taxes,licenses, charges,RIGHTS-OF-WAY permit or inspection fees,rentals,RIGHTS-OF-WAY easements or franchise taxes. (e) In the event that either (1)territory within the boundaries of the CITY shall be disannexed and a new incorporated municipality created which includes such territory or(2)an entire,existing incorporated municipality shall be consolidated or annexed into the CITY, then notwithstanding any other provision of this Ordinance, the Charge shall be adjusted. To accomplish this adjustment,within thirty days following the action effecting a disannexation/annexation as described above,the CITY shall provide the TELEPHONE COMPANY with maps of the affected area(s) showing the new boundaries of the CITY. In the event of an annexation as described above,the Charge for the CITY will be adjusted to include the amount of the payment by the TELEPHONE COMPANY to the existing incorporated municipality being annexed. In the event that the annexed municipality had no ordinance imposing a Charge or in the event of a disannexation, then the adjustment to the Charge will be calculated using the effective date of the imposition of Local Sales Taxes as determined by the Texas Comptroller of Public Accounts. The adjustment shall be the percent increase/decrease in the TELEPHONE COMPANY'S Gross Receipts as defined herein for the CITY for the first calendar month following the Local Sales Tax effective date compared to the last month prior to such effective date. This adjustment to the Charge will be made on the first day of the second month following the Local Sales Tax effective date and the adjusted Charge shall be prorated from that date through the remainder of the-payment year. The Charge as adjusted shall be used for all future calculations required by this Ordinance. SECTION 13. ASSIGNMENT OF ORDINANCE. This Ordinance and any rights or privileges hereunder shall not be assignable to any other entity without the express consent of the CITY. Such'consent shall be evidenced by an ordinance which shall fully recite the terms and conditions,if any,upon which such consent is given. Page 7- SECTION 14. MUTUAL RELEASES. The CITY hereby fully releases, discharges, settles and compromises any and all claims which the CITY has made or could have made arising out of or connected with the Ordinance adopted December 21, 1942, and renewed or extended from time to time thereafter, and its predecessor ordinances, if any, (hereinafter referred to collectively as "1942 Ordinance"). This full and complete release of claims for any matters under the 1942 Ordinance shall be for the benefit of Southwestern Bell Telephone Company;its parent;its affiliates; their directors,officers and employees;successors and assigns; and includes any and all claims, actions, causes of action and controversies, presently known or unknown, arising directly or indirectly out of or connected with the TELEPHONE COMPANY'S obligations to the CITY pursuant to the provisions of the 1942 Ordinance. Southwestern Bell Telephone Company,its parent,its affiliates,successors and assigns hereby fully release, discharge, settle and compromise any and all claims, actions, causes of action or controversies heretofore made or which could have been made,known or unknown,against the CITY,its officers or its employees,arising out of or connected with any matters under the 1942 Ordinance. It is the intent of the CITY and the TELEPHONE COMPANY to enter into the foregoing mutual releases in order to reach a compromise that is acceptable to both the CITY and the TELEPHONE COMPANY. This Ordinance and the mutual releases set forth in this Section represent a compromise of each party's claims as well as each party's defenses,and is not intended to be and is not an admission of liability or vulnerability by either party to the other with respect to either the claims or the defenses asserted against the other. The obligation, if any,of the TELEPHONE COMPANY to indemnify the CITY against third party claims for death,personal injuries or property damages under the 1942 Ordinance is not hereby waived or released. SECTION 15. REPEAL OF CONFLICTING ORDINANCES AND AGREEMENTS. The Ordinance adopted December 21,1942,is hereby repealed;provided, however,such repeal shall take effect at 11:59 p.m.on the day immediately preceding the effective date specified in the Section of this Ordinance entitled "ACCEPTANCE OF AGREEMENT AND EFFECTIVE DATE". All other ordinances and agreements and parts of ordinances and agreements in conflict herewith are also repealed,which repeal shall take effect at the time and on the date specified in the preceding sentence. SECTION 16. FUTURE CONTINGENCY. Notwithstanding anything contained in this Ordinance to the contrary, in the event that (a)this Ordinance or any part hereof,(b)any tariff provision by which the TELEPHONE COMPANY seeks to collect the Charge imposed by this Ordinance, or(c)any procedure provided in this Ordinance,or(d)any compensation due the CITY under this Ordinance, becomes,or is declared or determined by a judicial,administrative or legislative authority -Page 8- exercising its jurisdiction to be excessive,unrecoverable, unenforceable,void,unlawful or otherwise inapplicable,in whole or in part,the TELEPHONE COMPANY and CITY shall meet and negotiate a new ordinance that is in compliance with the authority's decision or enactment and,unless explicitly prohibited,the new ordinance shall provide the CITY with a level of compensation comparable to that set forth in this Ordinance provided that such compensation is recoverable by the TELEPHONE COMPANY in a mutually agreed manner permitted by law for the unexpired portion of the term of this Ordinance. SECTION 17. GOVERNING LAW. (a) This Ordinance shall be construed in accordance with the CITY Charter and CITY Code(s)in effect on the date of passage of this Ordinance to the extent that such Charter and Code(s)are not in conflict with or in violation of the Constitution and laws of the United States or the State of Texas. (b) This Ordinance shall be construed and deemed to have been drafted by the combined efforts of the CITY and the TELEPHONE COMPANY. SECTION 18. ACCEPTANCE OF AGREEMENT AND EFFECTIVE DATE. The CITY shall deliver a properly certified copy of this Ordinance to the TELEPHONE COMPANY within three(3) working days of its final passage. The TELEPHONE COMPANY shall have thirty(30)days from and after the final passage of this Ordinance to file its written acceptance of this Ordinance with the CITY Secretary. This Ordinance shall become effective on July 1, 1992. SECTION 19. PUBLICATION. The CITY Secretary is directed to publish,within five days following each presentation of this ordinance, the descriptive caption of this ordinance in the official newspaper of the CITY. The TELEPHONE COMPANY agrees to bear the expense of such publications. PASSED on the first reading hereof this day of 1992. PASSED and approved on the second reading this day of 1992. CITY OF HUNTSVILLE,TEXAS W.H.Hodges,Mayor Page 9- ATTEST: Melba Byers,City Secretary Published: Published: APPROVED: Scott Bounds,City Attorney I, Melba Byers, City Secretary of the City of Huntsville, Texas, do hereby certify that the foregoing is a true and correct copy of Ordinance Number ,finally passed and approved by the City Council of Huntsville,Texas,following the second reading thereof at a regular meeting held on the day of , 1992. Melba Byers,City Secretary -Page 10- RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: Ordinance 92-10 Auth.Iss.of Equip.Acq.C.O.-Cab&Chas. 04-28-92 I ORDINANCE NO 92- 10 AN ORDINANCE AUTHORIZING ISSUANCE OF A CITY OF HUNTSVILLE, TEXAS, EQUIPMENT ACQUISITION CERTIFICATE OF OBLIGATION IN THE AMOUNT OF $21,527.62; AND CONTAINING OTHER PROVISIONS RELATED TO THE SUBJECT. WHEREAS the City Council of the City of Huntsville received competitive bids for chassis cab,and awarded a contract for the purchase of such equipment in accordance with Texas Local Government Code Chapter 271 to Huntsville Chrysler- Plymouth-Dodge,in the amount of$21,527.62;and WHEREAS the City published notice of intention to issue a Certificate of Obligation payable from City ad valorem taxes for the purpose of evidencing the indebtedness of the City for all or part of the purchase of the chassis cab at an amount not to exceed$25,000;and WHEREAS the notice of intention to issue a Certificate of Obligation was published at the times and in the manner required by Texas Local Government Code Chapter 271 on April 3 and 10,1992. NOW,THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE,TEXAS;that: Section 1: The City Council ratifies the contract with Huntsville Chrysler-Plymouth- Dodge to purchase the chassis cab and hereby confirms the purchase of such equipment. Section 2: An interest bearing Certificate of Obligation of the City of Huntsville,Texas, to be known and designated as "City of Huntsville, Texas, Equipment Acquisition Certificate of Obligation" is hereby authorized to be issued and delivered in the principal amount of$21,527.62 for the purpose of acquiring the chassis cab for use by the City,and the Mayor and City Secretary shall have joint control of the certificate for the purpose of delivering same to the owner in accordance herewith. Section 3: The Certificate shall be dated April 28,1992,shall mature and be payable in five(5)equal installments(subject to the City's option of prior payment),shall be registered as hereinafter set forth,and shall be in the following basic form, 7 to-wit: ,=J Dated: April 28, 1992 Amount: $21,527.62 Issued: Register No.92- UNITED STATES OF AMERICA COUNTY OF WALKER STATE OF TEXAS CITY OF HUNTSVILLE,TEXAS,EQUIPMENT ACQUISITION CERTIFICATE OF OBLIGATION The City of Huntsville, a Municipal Corporation of the State of Texas, acknowledges itself indebted to and FOR VALUE RECEIVED hereby promises to pay to the registered owner hereof in installments and on the dates as below indicated the total sum of Twnety One Thousand Five Hundred Twenty-Seven And 62/100 Dollars ($21,527.62)in lawful money of the United States of America,with interest thereon from date of issue until paid at the rate of _ per cent per annum, payable on ,and annually thereafter on the_day of of each and every year as hereinafter provided until such sum is fully paid. BOTH PRINCIPAL AND INTEREST on this Certificate of Obligation are hereby made payable in Huntsville,Walker County,Texas,without exchange or collection charges to the registered owner hereof,with such payments to be due on the dates and in the amounts as follows: DATE PRINCIPAL INTEREST TOTAL 1993 $ $ $ 1994 1995 1996 1997 The City reserves the right to prepay all or any part of this Certificate at any time prior to the due date or maturity thereof without premium or penalty of any kind. It is hereby certified and recited that all acts,conditions and things required to be done precedent to and in the issuance of this Certificate of Obligation,to render the same lawful and valid have been properly done,have happened and have been performed in regular and due time, form and manner as required by law; that due and proper provision has been made for the levy of a direct and continuing annual ad valorem tax against all taxable property within the said City sufficient to pay the interest on this Certificate of Obligation as due and to provide for the payment of each installment of principal as same matures;that the City has received full value and consideration for this Certificate of Obligation and that the total indebtedness of the City of Huntsville,including this Certificate of Obligation,does not exceed any constitutional or statutory limitation. This Certificate shall be registered as to principal and interest in the owner's name upon books of the City to be kept for that purpose at the office of the Finance Director of the City,the registrar,such registration to be noted hereon. After such registration,no transfer of this Certificate shall be valid unless made on said books at the request of the registered owner hereof,or his duly authorized agent,and similarly noted hereon. IN TESTIMONY WHEREOF the City Council has caused the seal of said City to be impressed hereon and this Certificate of Obligation to be signed by the Mayor and attested to by the City Secretary, the date of this Certificate of Obligation being the_day of ,1992. DATE OF INITIAL DELIVERY OF THIS CERTIFICATE: W.H.Hodges,Mayor ATTEST: Melba Byers,City Secretary ASSIGNMENT AND TRANSFER Full consideration therefor being hereby acknowledged,this Certificate of Obligation was delivered to Barrett Motor Co.,the original holder,on this date,to-wit: and by it hereby assigned and transferred to HUNTSVILLECHRYSLER-PLYMOUTH- DODGE By CERTIFICATE OF REGISTRATION IT IS HEREBY CERTIFIED that I have this day registered this Certificate as to principal in the name of the holder as indicated in the registration blank below, on the books kept by me for such purpose. The principal of and interest on this Certificate shall be payable only to the registered holder named in the below registration blanks. Signature of Name of Date of Finance Director Registered Holder Registration (Registrar) Section 4: While the Certificate of Obligation or installment thereof is outstanding and unpaid,there shall be annually levied,assessed and collected in due time,form and manner a tax upon all of the taxable property in said City sufficient to pay the current interest thereon and to create sinking fund sufficient to pay each installment of principal as same becomes due, or a sinking fund of 2%, whichever is greater; and in order to pay the interest on the Certificate of Obligation for the first year and to create a sinking fund with which to pay the principal as the same becomes due, or a sinking fund of 2%,whichever is greater, there is hereby levied a sufficient tax on each ONE HUNDRED DOLLARS valuation of taxable property in said City for the current year and the same shall be assessed and collected and applied to the purposes named; and while the Certificate of Obligation is outstanding and unpaid,a tax each year at a rate from year to year as will be ample and sufficient to provide funds to pay the then current interest on the Certificate of Obligation and to provide the necessary sinking fund, full allowance being made for delinquencies and costs of collection,shall be and is hereby levied for each year,respectively,and said tax shall each year be assessed and collected and applied to the payment of the principal of and interest on the Certificate of Obligation, to be kept separate and apart from all other funds of the City. The City Council hereby declares and covenants that it will provide and levy a tax legally and fully sufficient for the Certificate of Obligation, it having been determined that the existing and available taxing authority of the City for such purposes is adequate to permit a legally sufficient tax in consideration of all other outstanding obligations. Section 5: The Mayor and City Secretary are hereby empowered and directed to proceed with the delivery of the Certificate of Obligation and the closing of said acquisition at the earliest practicable date and are authorized to complete the same in accordance with the terms hereof and to do all things necessary or prerequisite thereto. Section 6: The Certificate shall bear interest from the date of initial delivery shown on the face of each Certificate at a rate per annum not in excess of that prescribed by Article 717k-2,Texas Revised Civil Statutes,as amended,until maturity,or upon prepayment. At the time the Certificate of Obligation is issued the Certificate shall be registered and recorded by such register number on the books of said City to the registered owner thereof. Section 7: That the public importance of this measure and the fact that it is to the best interest of the City to acquire the equipment herein contemplated at the earliest possible date, for the immediate preservation of the public peace, property,health,and safety of the City and its citizens,creates an emergency and an imperative public necessity and this ordinance shall take effect and be in force from and after its passage and approval, and it is so ordained. //_ Section 8: Notwithstanding any other provision in the within ordinance to the contrary, as to the authorized issuing date for the Certificate of Obligation, the certificate shall be dated and bear interest from date of delivery and execution by the Mayor and City Secretary. PASSED AND APPROVED this 28th day of April, 1992. CITY OF HUNTSVILLE,TEXAS !/`7W.�Ho�Mayor ATTEST: 1 Melba yers,City Secr ary 7vAPPROVED AS TO FORM: ` , -- /� Scott B unds,City Attorney �/ I RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: Ordinance 92-11 Appr.Claim&Del.of C.O.-Chassis Cab 07-14-92 ORDINANCE NO.92-11 AN ORDINANCE APPROVING CLAIM AND DELIVERY OF CERTIFICATES OF OBLIGATION FOR A CHASSIS CAB FOR A FIRE TRUCK;AND CONTAINING OTHER PROVISIONS RELATED HERETO. WHEREAS the City Council of the City of Huntsville,Texas(City),by Ordinance No. 92-6,found that it was advisable for the City to purchase a 1992 chassis cab for a fire truck and that Certificates of Obligation be issued by the City for all or any part of the cost of same;and WHEREAS the notice for the action to issue Certificates of Obligation was published at the times and in the manner required by law; and WHEREAS the City awarded a contract to Huntsville Chrysler-Plymouth-Dodge in the amount of$21,527.62 as the lowest and best bid for the purchase of the 1992 chassis cab for a fire truck;and WHEREAS the City Council wishes to authorize payment thereof and delivery of a Certificate of Obligation. THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE,TEXAS,that: SECTION 1: There is now due and owing to Huntsville Chrysler-Plymouth-Dodge the sum of$21,527.62. SECTION 2: The Certificate of Obligation herein authorized to be delivered shall bear interest at the rate of 6.48%per annum from date of initial delivery shown on the face of such certificate. SECTION 3: There shall be executed and delivered to Huntsville Chrysler-Plymouth-Dodge a City of Huntsville,Texas,Equipment Acquisition Certificate of Obligation, dated April 28, 1992. SECTION 4: The Mayor, City Secretary and other appropriate City officials are hereby authorized and directed to deliver the Certificate and to do any and all things necessary or convenient to carry out the terms of this ordinance. INTRODUCED,READ AND PASSED by the unanimous vote of the City Council of the City of Huntsville, on this the 14th day of July, 1992. CITY OF HUNTSVILLE,TEXAS W.H.Hodges, Mayor ATTEST: L4,-2) Melbfi Byers,City Selltary APP OVED AS TO FORM: Sc t Bo s,City Attorney RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: Ordinance 92-12 No Parking Hwy.75N 07-28-92 ORDINANCE NO.92-12 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE,TEXAS,AMENDING CHAPTER 12,MOTOR VEHICLES AND TRAFFIC,OF ITS CODE OF ORDINANCES BY ESTABLISHING NO PARKING ZONES ON STATE HIGHWAY 75 NORTH BETWEEN 11TH STREET AND INTERSTATE 45;PROVIDING A PENALTY OF UP TO$200 A DAY FOR CERTAIN VIOLATIONS; MAKING OTHER RELATED FINDINGS AND PROVISIONS RELATED THERETO; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS,THAT: Section 1: The following described curb zones and areas are designated as no parking zones: Street Name Side of Street Limits S.H.75 North Both Between 11th Street and Interstate 45 Section 2: Schedule III,No Parking Zones,of Chapter 12,Motor Vehicles and Traffic, of the Code of Ordinances of the City of Huntsville,Texas,shall be revised to reflect the amendments made by this ordinance. Section 3: The City Manager is authorized and directed to cause the posting of proper signs along the above described streets and parking zones. Section 4: It shall be unlawful for driver of a vehicle to disobey the instruction of the signs placed in accordance with the provisions of this ordinance unless at the time otherwise directed by a Police Officer. Section 5: Any person,firm or corporation violating any provision of this ordinance or failing to comply with any requirement of the ordinance will be guilty of a misdemeanor and subject to a fine of up to two hundred ($200.00) dollars upon conviction. Each day during or upon which said person shall violate or continue violation of any provision of this ordinance or non-compliance with any requirement of this ordinance shall constitute a distinct and separate offense. The violation of any provision of the ordinance or the failure to comply with any requirement of this ordinance shall each constitute a distinct and separate offense. ORDINANCE NO.92- //--' AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNCSVILLE,TEXAS,AMENDING CHAPTER 12,MOTOR VEHICLES AND TRAFFIC,OF TCS CODE OF ORDINANCES BY ESTABLISHING NO PARKING ZONES ON STATE HIGHWAY 75 NORTH BETWEEN 11TH STREET AND INTERSTATE 45;PROVIDING A PENALTY OF UP TO$200 A DAY FOR CERTAIN VIOLATIONS; MAKING OTHER RELATED FINDINGS AND PROVISIONS RELATED THERETO; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS,THAT: Section 1: The following described curb zones and areas are designated as no parking zones: Street Name Side of Street Limits S. H.75 North Both Between 11th Street and Interstate 45 Section 2: Schedule III,No Parking Zones,of Chapter 12,Motor Vehicles and Traffic, of the Code of Ordinances of the City of Huntsville,Texas,shall be revised to reflect the amendments made by this ordinance. Section 3: The City Manager is authorized and directed to cause the posting of proper signs along the above described streets and parking zones. Section 4: It shall be unlawful for driver of a vehicle to disobey the instruction of the signs placed in accordance with the provisions of this ordinance unless at the time otherwise directed by a Police Officer. Section 5: Any person,firm or corporation violating any provision of this ordinance or failing to comply with any requirement of the ordinance will be guilty of a misdemeanor and subject to a fine of up to two hundred ($200.00) dollars upon conviction. Each day during or upon which said person shall violate or continue violation of any provision of this ordinance or non-compliance with any requirement of this ordinance shall constitute a distinct and separate offense. The violation of any provision of the ordinance or the failure to comply with any requirement of this ordinance shall each constitute a distinct�� and separate offense. Section G: If any section,subsection,sentence,clause,phrase or portion of this ordinance is for any reason held invalid or unconstitutional, such portion shall be deemed a separate,distinct and independent provision and such holding shall not affect any of the remaining provisions of this ordinance. Section 7: All ordinances and parts of ordinances in conflict with the provisions of this ordinance are hereby repealed; provided,however,that such repeal shall be only to the extent of such inconsistency and in all other respects this ordinance shall be cumulative of other ordinances regulating and governing the subject matter covered by this ordinance. Section 8: This ordinance shall take effect ten (10) days after its passage by the City Council. The City Secretary shall publish the caption of this ordinance in the official City newspaper at least twice within ten(10)days of its passage. PASSED AND APPROVED THIS 28th day of July 1992. THE CITY OF HUNTSVILLE W.14.Hodges,Mayor ATTEST: Melba Byers,City Secretary APPROVED AS TO FORM: ye'-k g��' Scott Bounds,City Attorney RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: Ordinance 92-13 Procedure For Selling Alcoholic Bev.-300 Ft. 08-11-92 ORDINANCE NO.92-13 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, CREATING A VARIANCE PROCEDURE FOR ESTABLISHMENTS SELLING ALCOHOLIC BEVERAGES WITHIN 300 FEET OF A SCHOOL,CHURCH OR HOSPITAL;AND MAKING OTHER FINDINGS AND PROVISIONS HERETO. WHEREAS Texas Alcoholic Beverage Code Section 109.33 permits cities to establish a procedure to grant variances to regulations prohibiting the sale of alcoholic beverages within three hundred (300) feet of certain schools, churches or hospitals; NOW,THEREFORE,be it ordained by the City Council of the City of Huntsville,Texas, that: SECTION 1: Section 3A-2. Sale of Alcoholic Beverages Prohibited in Specific Places, of the Code of Ordinances of the City of Huntsville,Texas,is hereby amended to read: Section 3A-2. Sale of Alcoholic Beverages Prohibited in Specific Places. (a) No person,dealer,corporation,partnership,or other business entity shall sell or dispense or offer to sell or dispense any alcoholic beverage when such location is within three hundred (300) feet of any church, public hospital, public elementary,junior high or senior high school. (b) 1. The City Council,by ordinance,may authorize in the manner provided by state law a variance to the prohibition of the sale of alcoholic beverages contained in (a) above where Council determines that enforcement of the prohibition in a particular instance: a. is not in the best interest of the public; b. constitutes waste or inefficient use of land or other resources; C. creates an undue hardship on an applicant for a license or permit; d. does not serve its intended purpose;or C. is not,after consideration of the health,safety, and welfare of the public and the equities of the situation, in the best interest of the community. 2. No such variance shall be made except in a specific case and after a public hearing pursuant to notice published in the City's official newspaper. (c) Any person,dealer,corporation,partnership,or other business entity violating the provision of this section shall, upon conviction, be deemed guilty of a misdemeanor and shall be punished as provided in section 1-8 of the Code of Ordinances of the City of Huntsville. (d) The City of Huntsville may further enforce the provisions of this section by any action, at law or in equity, to enjoin any person, dealer, corporation, partnership,or other business entity from conducting any business in violation of this section. SECTION 2:This ordinance shall take effect immediately. Approved this the day of 1992. THE CITY OF HUNTSVILLE A-H-Hodges, Mayor ATTEST: Melba Byers,City Se etary APP,,ROVED AS TO FORM: Scott Bounds, City Attorney RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: Ordinance 92-14 App.&Adopt Oper.&Cap.Imp.Bud.-FY 92-93 09-15-92 ORDINANCE NO.92- 14 AN ORDINANCE FINDING THAT ALL THINGS REQUISITE AND NECESSARY HAVE BEEN DONE IN PREPARATION AND PRESENTMENT OF AN ANNUAL BUDGET;APPROVING AND ADOPTING THE OPERATING AND CAPITAL IMPROVEMENTS BUDGET FOR THE CITY OF HUNTSVILLE,TEXAS, FOR THE PERIOD OCTOBER 1, 1992 THROUGH SEPTEMBER 30, 1993;AND PROVIDING FOR AN EFFECTIVE DATE HEREOF. WHEREAS the Charter of the City of Huntsville,Texas,and the statutes of the State of Texas require that an annual budget be prepared and presented to the City Council of the City of Huntsville,Texas,prior to the beginning of the fiscal year of such City, and that a public hearing be held prior to the adoption of such budget;and WHEREAS the budget for the year October 1,1992,through September 30,1993,has been presented to the City Council,a public hearing has been held with all notice as required by law,and all comments and objections have been considered;and WHEREAS a copy of the proposed budget has been filed with the City Secretary and available for public inspection at least fifteen days prior to the budget hearing and tax levy for the fiscal year 1992-1993; NOW,THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS,that: SECTION 1: The budget for the City of Huntsville, Texas, now before the City Council for consideration, is adopted as the budget for the City for the period of October 1, 1992,through September 30, 1993. SECTION 2: The appropriation for the ensuing fiscal year for the operations budget shall be fixed and determined as follows: I. General Fund $ 6,724,466 II. General Debt Service Fund 857,406 III. Water and Sewer Fund 5,911,367 IV. Sanitation Fund 1,866.321 Total Operating Funds $ 15.359 560 SECTION 3: The appropriation for the ensuing fiscal year for the capital improvement budget shall be fixed and determined as follows: I. Street Improvements $ 688,007 ll. Water&Sewer Projects 2,377,426 III. Downtown Revitalization Project 75,481 IV. Transfer to Debt Service 173.094 Total Capital Improvements $ 3,314,008 ORDINANCE NO.92- AN ORDINANCE FINDING THAT ALL THINGS REQUISITE AND NECESSARY HAVE BEEN DONE IN PREPARATION AND PRESENTMENT OF AN ANNUAL BUDGET;APPROVING AND ADOPTING THE OPERATING AND CAPITAL IMPROVEMENTS BUDGET FOR THE CITY OF HUNTSVILLE,TEXAS, FOR THE PERIOD OCTOBER 1, 1992 THROUGH SEPTEMBER 30, 1993;AND PROVIDING FOR AN EFFECTIVE DATE HEREOF. WHEREAS the Charter of the City of Huntsville,Texas,and the statutes of the State of Texas require that an annual budget be prepared and presented to the City Council of the City of Huntsville,Texas,prior to the beginning of the fiscal year of such City, and that a public hearing be held prior to the adoption of such budget;and WHEREAS the budget for the year October 1, 1992,through September 30, 1993,has been presented to the City Council, a public hearing has been held with all notice as required by law,and all comments and objections have been considered;and WHEREAS a copy of the proposed budget has been filed with the City Secretary and available for public inspection at least fifteen days prior to the budget hearing and tax levy for the fiscal year 1992-1993; NOW,THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS,that: SECTION 1: The budget for the City of Huntsville, Texas, now before the City Council for consideration, is adopted as the budget for the City for the period of October 1, 1992,through September 30, 1993. SECTION 2: The appropriation for the ensuing fiscal year for the operations budget shall be fixed and determined as follows: I. General Fund $ 6,724,466 II. General Debt Service Fund 857,406 III. Water and Sewer Fund 5,911,367 IV. Sanitation Fund 1.866,321 Total Operating Funds $ 15,359,560 SECTION 3: The appropriation for the ensuing fiscal year for the capital improvement budget shall be fixed and determined as follows: I. Street Improvements $ 688,007 II. Water&Sewer Projects 2,377,426 III. Downtown Revitalization Project 75,481 IV. Transfer to Debt Service 173,09 Total Capital Improvements $ 3,314,008 l j I ,J f SECTION 4: The City Secretary is directed to maintain a copy of the adopted budget,to file a copy thereof with the City Library and the County Clerk, and to publish a notice indicating the availability of the budget. SECTION 5: This ordinance shall take effect immediately after its passage. PASSED AND APPROVED on this the 15th day of September, 1992. THE CITY OF HUNTSVILLE,TEXAS By 'W. .Ho�May., ATTEST: Melb Byers,City Secr ry APP OVE1-11/O FORM: Scott Bounds, City Attorney RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: Ordinance 92-15 Adopting Tax Rate&Levying Taxes'92-'93 09-15-92 ORDINANCE NO.92- 15 AN ORDINANCE ADOPTING THE TAX RATE AND LEVYING TAXES FOR THE CITY OF HUNTSVILLE FOR THE ENSUING FISCAL YEAR UPON ALLTAXABLE PROPERTY LOCATED WITHIN AND SUBJECT TO TAXATION IN THE CITY; AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE,TEXAS,that: SECTION 1: There is levied and assessed and shall be collected for the fiscal year ending September 30,1993,an ad valorem tax of NO AND 38.44/100($0.3844)DOLLARS for each ONE HUNDRED ($100.00) DOLLARS of assessed value of property located within the city limits of Huntsville, Texas, on January 1, 1992, made taxable by law, which when collected, shall be apportioned among funds and departments of the city government of the City of Huntsville for these purposes: General Fund Operations $0.21483 Debt Service for Payment of General Obligation Indebtedness 0.16957 $0.3844 SECTION 2: All property upon which a tax is levied shall be assessed on the basis of 100 percent of its appraised value. Property Tax Code§26.02. SECTION 3: This ordinance shall take effect from and after its passage by City Council. PASSED AND APPROVED this 15th day of September, 1992. THE CITY OF HUNTSVILLE, TEXAS W. H. Hodge , Mayor ATTEST: 1644d X/m�j Mel" Byers, City See tary APP OVED TO FORM: Sc tt Bounds, City Attorney RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: Ordinance 92-16 Amends Ch. 17-Water&Sewers-Inc.Rates 09-15-92 ORDINANCE NO.92- 16 AN ORDINANCE AMENDING CHAPTER 17, WATER AND SEWERS, OF THE CODE OF ORDINANCES OF THE CITY OF HUNTSVILLE,TEXAS,INCREASING THE RATES FOR SEWER SERVICE PROVIDED BY THE CITY; AND MAKING OTHER PROVISIONS AND FINDINGS RELATED THERETO. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE,TEXAS,that: SECTION 1: Chapter 17,Water and Sewers,of the Code of Ordinances of the City of Huntsville, Texas,is amended by changing Section 17-21. Monthly charges for Sewer,as follows: Section 17-21. Monthly charges for sewer. a. Commercial rate schedule. Except as hereafter provided, each commercial use of sewer including churches, financial establishments,hospitals,hotels,laundries,machine shops,motels,nursing homes, offices, restaurants, service stations, skating rinks, taverns, theaters and warehouses,supplied with sewer service by the City shall be charged a monthly sewer service charge based upon the amount of water consumed by the user and applied to the following rate schedule: Gallons of Water Used per Month Amount or Rate Charged first 3,000 minimum monthly charge $9.15 all over 3,000,per 1,000 $1.80 b. Residential rate schedule. Except as hereafter provided,each residential user,including apartments,duplexes, mobile home parks,and single family residents,supplied with sewer service by the City shall be charged a monthly water service charge based upon the amount of water consumed by the user and applied to the following rate schedule: Gallons of Water Used per Month Amount or Rate Charged first 3,000 minimum monthly charge $9.15 all over 3,000,per 1,000 $1.80 (1) Individually metered residential units. Each residential dwelling unit individually metered and billed for consumption of water shall be charged for and owe each month a sewer service charge based upon the amount of water consumed, as determined by the meter reading, applied to the above rate schedule; provided, however, that the maximum sewer bill for each residential unit is twenty-one dollars and 75/100($21.75). 1 (2) Jointly metered residential units. (a) Each multi-family dwelling unit project shall be charged for and owe each month a water service charge as follows: A minimum bill equal to total number of units multiplied by the minimum monthly charge, plus a consumption charge based upon the amount of water consumed in excess of three thousand(3,000)gallons,time the number of residential dwelling units, as determined by the meter reading, applied to the above rate schedule: provided,however,that the maximum sewer charge for multiple residential units shall not exceed the number of units multiplied by twenty-one dollars and 75/100($21.75). (b) Residential Dwelling Unit shall mean one or more buildings,parts of a building,manufactured homes,mobile homes,or manufactured or mobile home site within a mobile home park,which building, part of a building, manufactured home, or mobile home included or would normally be designated to include a bathroom, principal kitchen facilities and living quarters;provided,however,that every designated manufactured housing or mobile home site,or trailer site with water and sewer connections within a mobile home park shall be considered a residential dwelling unit. C. Vacancy means that unit is unoccupied and the owner received no rent, lease payment or occupancy fee for the unit. d. A jointly metered residential dwelling unit customer shall be entitled to apply for a deduction for vacancies,or credit for future water service with City for prior water service payments under the following conditions: (1) one or more of the residential dwelling units used for the basis of calculation of the minimum bill was vacant for 25 days or more of the previous calendar month; (2) a statement is presented to the City,on a form approved by the City,listing the specific vacant apartments or mobile home sites and stating the period of vacancy,signed under the penalty of law by the customer; (3) the records of the customer,including lease agreement and rental receipts, are available for examination by City staff for purposes of verifying the vacancies; (4) the customer's water bill is paid and proper deposits exist for water service; and (5) the statement is delivered with written receipt acknowledged,either in person or by certified mail,to the City Utility Billing Department before the 5th day of the month following the vacancy,unless the 5th is a Saturday,Sunday or Icgal holiday,in which event the affidavit must be received by the City by the next day which is neither a Saturday,Sunday,nor a legal holiday. (6) provided further, that a customer with no more than two jointly metered residential units may file in advance a quarterly notice of vacancy. e. Institutional users. (1) An institutional user is any person,corporation,agency of the State of Texas, 0' political subdivision which uses five percent(5%) or more of the total water sold by the City or which discharges five percent(5%)or more of the wastewater treated by the City. (2) An institutional user shall pay to the City a monthly sewer service charge based upon the amount of wastewater discharged by the user into the City's publicly owned treatment works,as applied to the following rate: Gallons of Wastewater Amount or Rate Charged Used ner Month $1.80 Each 1,000 (3) The amount of wastewater discharged by an institutional user shall be based upon and determined to be the metered amounts of water delivered to the user through lines which are connected to plumbing fixtures which then return wastewater to the City's publicly owned treatment works, or by wastewater metered connections authorized by the City Manager. f. Other charges not affected. Nothing herein shall effect or alter any other charge for sewer service required by the Code or the city's industrial waste ordinances. g. Users without city water. Persons not connected to the waterworks system of the city shall be billed monthly by the city for sanitary sewer services at a rate determined by the utility office supervisor,which rate shall be consistent with the regular sewer service charge of similar type premises or users receiving service from the city. If a person desiring service uses water or maintained premises in such a manner that a similar type user or premises cannot be found,the utility office supervisor may recommend for approval to city council such service charge and conditions as deemed appropriate. SECTION 2: This Ordinance shall take effect immediately upon its adoption. APPROVED this 15th day of September 1992. THE CITY OF HUNTSVILLE by W.H. odges.4May ATTEST: Melba yers,City Secret APPOVED AS TO FORM: S t Bans,City Attorney RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: Ordinance 92-17 Amend Ch.9-Garbage,Refuse Rate Inc. 09-15-92 ORDINANCE NO.92- 17 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, AMENDING CHAPTER 9, GARBAGE, REFUSE AND RUBBISH,OF THE CODE OF ORDINANCES OF THE CITY OF HUNTSVILLE,TEXAS,INCREASING THE RATES FOR COLLECTION AND DISPOSAL OF REFUSE BY THE CITY; MAKING VARIOUS FINDINGS AND PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE,TEXAS,that: SECTION l: Chapter 9,"Garbage,Refuse,and Rubbish",of the Code of Ordinances of the City of Huntsville, Texas, is amended by changing Sec. 9-50. Collection charges - Rcsidcntial as follows: Section 9-50. Collection Charges-Residential. a. There shall be charged,assessed and collected from the owner,lessee,or occupants of each residential dwelling unit within the City a charge for City refuse collection services. b. Residential Dwelling Unit shall mean one or more building, parts of a building, manufactured homes,mobile homes,or manufactured or mobile home site within a mobile home park,which building,part of a building,manufactured home,or mobile home includes or would normally be designated to include a bathroom,principal kitchen facilities and living quarters;provided,however,that every designated manufactured housing or mobile home site,or trailer site with water and/or sewer connections within a mobile home park shall be considered a residential dwelling unit. C. Vacancy means the unit is unoccupied and the owner receives no rent,lease payment or occupancy fee for the unit. d. A jointly metered residential dwelling unit customer shall be entitled to apply for a credit for future water service with City for prior water service payments,deductions for vacancies,or under the following conditions: I. one or more of the residential dwelling units for the basis of calculation of the minimum bill was vacant for 25 days or more of the previous calendar month; 2. a statement is presented to the City, on a form approved by the City, listing the specific vacant apartments or mobile home sites and stating the period of vacancy, signed under penalty of law by the customer; 3. the records of the customer, including [case agreement and rental receipts, are available for examination by City Staff for purposes of verifying the vacancies; 4. the customer's water bill is paid and proper deposits exist for water service; 5. the statement is delivered with written receipt acknowledged,either in person or by certified mail,to the City Utility Billing Department before the 5th day of the month following the vacancy,unless the 5th is a Saturday,Sunday or legal holiday,in which event the statement must be received by the City by the next day which is neither a Saturday,Sunday,nor a legal holiday;and 6. provided further,that a customer with no more than two jointly metered residential units may file in advance a quarterly notice of vacancy. SECTION 2: Chapter 9,"Garbage,Refuse and Rubbish",of the Code of Ordinances of the City of Huntsville, Texas, is amended by changing Sec. 9-51. Same--Commercial or institutional service to read: Section 9-51. Same--Commercial or institutional service. Commercial or institutional establishments shall be charged for City collection of refuse at the following rates: a. The service charges shall be based upon the number of collections each week,the amount of refuse collected and the manner in which it is collected. b. If more than one commercial unit uses the same container, the charges shall be prorated according to use, but in no case shall the charges be less than the minimum monthly commercial charge. SECTION 3: Chapter 9,"Garbage, Refuse and Rubbish",of the Code of Ordinances of the City of Huntsville, Texas, is hereby amended by the repeal of Article VII, Rates, as presently constituted,and by the adoption of a new Article VII,that shall read as follows: ARTICLE VII. RATES Section 9-79. Residential Collection Charges. The following monthly charges shall be assessed and collected from owners or occupants of each residential unit for refuse and garbage collection service: Single family residential pickup, minimum charge $9.90/month Multi-family residential pickup a. individually metered units collected without dumpster $9.90/occupied dwelling unit per month collected with dumpster $8.90/occupied dwelling unit per month b. jointly metered units collected without dumpster $9.90/dwelling unit per month collected with dumpster $8.90/dwelling unit per month (credit given for vacancies @$8.90/each) Business minimum(residential) $13.00/month Section 9-71. Commercial Collection Charges. Commercial establishments shalt be charged for City collection of garbage,trash and rubbish as follows: Businesses,minimum charge $ 13.00/month 2 yard container $26.00/mo.weekly pickup 3 yard container $34.45/mo.weekly pickup 4 yard container $42.90/mo.weekly pickup 6 yard container $60.45/mo.weekly pickup 8 yard container $76.25/mo.weekly pickup 6 yard-3-1 compaction $192.75/mo.weekly pickup 20 yard rolloff $212.20/mo.weekly pickup 30 yard rolloff $291.45/mo.weekly pickup Rolloff-extra dump(20 or 30 yard) $72.00/per dump 30 yard-3-1 compaction $223.80/per dump 30 yard-3.5-1 compaction $257.80/per dump 40 yard-3.5-1 compaction $347.05/per dump 40 yard-4-1 compaction $392.30/per dump 20 yard temporary/construction $143.00/per dump ($400.00 deposit,$50.00 setup,one dump per month minimum) 30 yard temporary/construction $177.00/per dump ($400.00 deposit,$50.00 setup,one dump per month minimum) Section 9-72. Landfill Fees. Basic Fee $3.40/loose cubic yard Minimum Fee $3.40 White Goods/Large Furniture(Refrigerator,Stove, Couch,Mattress,etc.) $5.00 Tires,small $2.00 Tires,large $10.00 Large dead animal(cow,horse,etc.) $25.00 Small dead animal(dog,cat,etc.) $2.00 Compacting vehicles $3.40 X manufacturer's capacity of truck X manufacturer's compaction ratio Trees,stumps,limbs over 4"in diameter $25.00+$3.40 per cubic yard Section 9-73. Elkins Lake Charges. Residents of Elkins Lake shall be charged for collection of refuse and garbage at the following rate: Single family residential pickup $12.40/month Section 9-74. Rates for other out-of-town service. There shall be assessed and collected from persons provided refuse and garbage collection services outside the corporate limits of the City,the following rates: (Outside City) 2 yard container $41.70/mo.weekly pickup 4 yard container $72.00/mo.weekly pickup 6 yard container $103.15/mo.weekly pickup 8 yard container $132.10/mo.weekly pickup 20 yard rolloff $351.85/mo.weekly pickup 30 yard rolloff $502.25/mo.weekly pickup Rolloff-extra dump(20 or 30 yard) $121.90/per dump 20 yard temporary/construction $178.75/per dump ($400.00 deposit,$50.00 setup,one dump per month minimum) 30 yard temporary/construction $221.25/per dump ($400.00 deposit,$50.00 setup,one dump per month minimum) SECTION 4: This ordinance shall take effect immediately from and after its passage by City Council. PASSED this 15thday of September 1992. THE CITY OF HUNTSVILLE Hodges,Mayor ATTEST: Melba yers,City Secrets I APP OVED S TO FORM: Scott Bounds,City Attorney RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: Ordinance 92-18 Retirement System"Updated Service Credit" 9-15-92 ORDINANCE NO.92-18 AN ORDINANCE OF THE CITY COUNCIL OF THE CI'T'Y OF HUNTSVILLE, TEXAS, AUTHORIZING AND ALLOWING UNDER THE ACT GOVERNING THE TEXAS MUNICIPAL RETIREMENT SYS'T'EM, "UPDA'T'ED SERVICE CREDI'T'S"IN THE SYSTEM ON AN ANNUAL BASIS FOR SERVICE PERFORMED BY QUALIFYING MEMBERS OF SUCH SYSTEM WHO AT THE EFFECTIVE DATE OF THE ALLOWANCE ARE IN THE EMPLOYMENTOF THE CITY OF HUNTSVILLE; PROVIDING FOR INCREASED PRIOR AND CURRENT SERVICE ANNUITIES FOR RETIREES AND BENEFICIARIES OF DECEASED RETIREES OF THE CITY; AND ES'T'ABLISHING AN EFFECTIVE DA'L'E FOR THE ORDINANCE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS,that: SECTION 1:Authorization of Updated Service Credits. (a) On the terms and conditions set out in Sections 853.401 through 853.404 of Subtitle G of Title 8,V.T.C.A.,Government Code,as amended(hereinafter referred to as the "TMRS ACIT"),each member of the Texas Municipal Retirement System(hereinafter referred to as"System")who has current service credit or prior service credit in the System in force and effect on the 1st day of January of the calendar year preceding such allowance, by reason of service in the employment of the City of Huntsville (hereinafter called the"City"),and on such date had at least 36 months of credited service with the System,shall be and is hereby allowed"Updated Service Credit"(as that term is defined in subsection (d)of Section 853.402 of the TMRS Act). (b) On the terms and conditions set out in Section 853.601 of the TMRS Act, any member of the System who is eligible for Updated Service Credits on the basis of service with this City, who has unforfeited credit for prior service and/or current service with another participating municipality or municipalities by reason of previous service, and was a contribution member on January I, 1992, shall be credited with Updated Service Credits pursuant to,calculated in accordance with,and subject to adjustment as set forth in Section 853.601,both as to the initial grant hereunder and all future grants Under this ordinance. (c) The Updated Service Credit hereby allowed and provided for shall be 100%of the "base Updated Service Credit"of the member(calculated as provided in subsection (c)of Section 853.402 of the TMRS Act). (d) Each Updated Service Credit allowed hereunder shall replace any Updated Service Credit,prior service credit,special prior service credit,or antecedent service credit previously authorized for part of the same service. (e) In accordance with the provisions of subsection(d)of Section 853.401 of the TMRS Act, the deposits required to be made to the System by employees of the several participating departments on account of current service shall be calculated from and after the effective date of this ordinance on the full amount of such person's compensation as an employee of the City. SECTION 2: Increase in Retirement Annuities. (a) On terms and conditions set out in Section 854.203 of the TMRS Act, the City hereby elects to allow and to provide for payment of the increases below stated in monthly benefits payable by the System to retired employees and to beneficiaries of deceased employees of the City under current service annuities and prior service annuities arising from service by such employees of the City. An annuity increased under this Section replaces any annuity or increased previously granted to the same person. (b) The amount of the annuity increase under this Section is computed as the sum of the prior service and current service annuities of the effective date of retirement of the person on whose service the annuities are based,multiplied by 70%of the percentage change in Consumer Price Index for All Urban Consumers,from December of the year immediately preceding the effective date of the person's retirement to the December that is 13 months before the effective date of this Section. (c) An increase in an annuity that was reduced because of an option selection is reducible in the same proportion and in the same manner that the original annuity was reduced. (d) If a computation hereunder does not result in an increase in the amount of an annuity, the amount of the annuity will not be changed hereunder. (e) The amount by which an increase under this Section exceeds all previously granted increases to an annuitant is an obligation of the City and of its account in the municipality accumulation fund of the system. SECTION 3: Dates of Allowances and Increases. The initial allowance of Updated Service Credit and increase in retirement annuities hereunder shall be effective on January 1,1993,subject to approval by the Board of Trustees of the System. SECTION 4:Effective Date. Subject to approval by the Board of Trustees of the System, this ordinance shall be and become effective on the 1st day of January 1993. PASSED AND APPROVED this the 15th day of September, 1992. THE CITY OF HUNTSVILLE by. W.H.Hodges,Mayor ATTEST: Melba yers,City Secreta APP VE D TO FORM: Sco Bounds, City Attorney RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: Ordinance 92-19 Adopt Redistricting Plan 10-27-92 ORDINANCE NO.92-19 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, ADOPTING A REDISTRICTING PLAN, AND MAKING VARIOUS FINDINGS AND PROVISIONS RELATED THERETO. WHEREAS the City of Huntsville is divided into four single member districts; and WHEREAS Texas Election Code§42.005 requires that County election precinct lines and City ward lines be uniform; and WHEREAS the City and County have previously reviewed the redistricting necessary to correct malapportionment of population between voting districts based upon the information contained within the 1990 census; NOW,THEREFORE,be it ordained by the City Council of the City of Huntsville,Texas, that: SECTION 1:Council Ward No.I is redistricted to contain the following described property: Beginning at the intersection of S.H.75 with the northwest City limit line; Thence with the centerline of S. H. 75, easterly to intersect the centerline of Interstate Highway 45; Thence with the centerline of Interstate Highway 45, southeasterly to intersect a southwesterly extension of the centerline of Eastham Drive; Thence with the centerline of Eastham Drive,northeasterly to intersect the centerline of Elmwood Street; Thence with the centerline of Elmwood Street,southeasterly to intersect with the centerline of Crosstimbers Street; Thence with the centerline and its westward extension,west to intersect the centerline of Interstate Highway 45; Thence with the centerline,southeasterly to intersect a southwesterly extension of the centerline of 19th Street; Thence with the centerline,east to intersect the centerline of Sam Houston Avenue (S.H.75); Thence with the centerline,north to intersect the centerline of 17th Street; Thence with the centerline,east to intersect the centerline of Avenue J; Thence with the centerline,north to intersect the centerline of 16th Street; Thence with the centerline,east to intersect the centerline of Avenue I; Thence with the centerline of Avenue I,north to its intersection with 11th Street; Thence with the centerline of 11th Street,west to its intersection with the centerline of Avenue Q; Thence with the centerline of Avenue Q/S.H.75 North,northerly to intersect F.M. 2821; Thence with the centerline of F. M. 2821 east to its intersection with Smith Hill/Rosenwall Road; Thence with the centerline of Smith Hill/Rosenwall Road north to its intersection with the City limits; Thence generally west along the City limits line to the point of beginning. SECTION 2: Council Ward No.2 is redistricted to contain the following described property: Beginning at the intersection of S.H.75 with the northwest City Limit line; Thence continuing with the centerline of S.H.75,easterly to intersect the centerline of Interstate Highway 45; Thence with the centerline of Interstate Highway 45, southeasterly to intersect a southwesterly extension of the centerline of Eastham Drive; Thence with the centerline of Eastham Drive,northeasterly to intersect the centerline of Elmwood Street; Thence with the centerline of Elmwood Street; southeasterly to intersect with the centerline of Crosstimbers Street; Thence with the centerline and its westward extension,west to intersect the centerline of Interstate Highway 45; Thence with the centerline,southeasterly to intersect a southwesterly extension of the centerline of 19th Street; Thence with the centerline,cast to intersect the centerline of Sam Houston Avenue (S.H.75); Thence with the centerline of Sam Houston Avenue,north to intersect the centerline of 17th Street; Thence with the centerline of 17th Street,east to intersect the centerline of Avenue J; Thence with the centerline of Avenue J, north to intersect the centerline of 16th Street; Thence with the centerline of 16th Street,east to intersect the centerline of Avenue I; Thence with the original centerline of Avenue I(now abandoned),south to intersect the centerline of 20th Street; Thence with the centerline of 20th Street,west to intersect the centerline of Avenue J; Thence with centerline Avenue J, south,passing South Sam Houston Avenue (at which point Avenue J becomes Lake Road)and,continuing southward,intersect the centerline of Interstate Highway 45; Thence with the centerline of Interstate Highway 45,southeastwardly to the southern City limits; Thence generally west and north along the City limits line to the place of beginning. SECTION 3: Council Ward No.3 is redistricted to contain the following described property: Beginning at the intersection of the south right-of-way for the Missouri Pacific Railroad and the east City limits; Thence with the right-of-way line,in a westerly direction to intersect the centerline (extended)of Bowers Boulevard; Thence with the centerline of Bowers Boulevard,west to its intersection with the centerline of Avenue H and, continuing westerly along the centerline of a paved private street,to intersect the centerline of Avenue I; Thence with the centerline,as it existed,of Avenue I(now abandoned)northerly,to the centerline of 16th Street; Thence continuing with the actual centerline of Avenue I, as it exists, north to intersect the centerline of 11th Street; Thence with the centerline of 11th Street,west to its intersection with the centerline of Avenue Q; Thence with the centerline of Avenue Q/S.H.75 North,northerly to intersect F.M. 2821; Thence with the centerline of F. M. 2821 east to its intersection with Smith Hill/Rosenwall Road; Thence with the centerline of Smith Hill/Rosenwall Road north to its intersection with the City limits; Thence generally east along the City limits line to the point of beginning. SECTION 4: Council Ward No.4 is redistricted to contain the following described property: Beginning at the intersection of the south right-of-way for the Missouri Pacific Railroad and the east City limits; Thence with the right-of-way, northwesterly to its intersection with the centerline (extended)of Bowers Boulevard; Thence with the centerline, westerly to its terminus at its intersection with the centerline of Avenue H; Thence generally following the centerline of a paved private street, westerly to intersect the centerline of Avenue I; Thence with the centerline,north to intersect the centerline of 20th Street; Thence with the centerline,west to intersect the centerline of Avenue J; Thence with centerline Avenue J, south, passing South Sam Houston Avenue (at which point Avenue J becomes Lake Road)and,continuing southward,intersect the centerline of Interstate Highway 45; Thence generally north along the City limits line to the point of beginning. SECTION 5:This ordinance shall take effect immediately from and after its passage by City Council. Passed and approved this 27th day of October, 1992. THE CITY OF HUNTSVILLE W.H.Hodges,Mayor , .4C.IlA/TTTEST: l X _w c+j Danna Welter,City Secretary APPROVED AS TO FORM: Scott Bounds,City Attorney RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: Ordinance 92-20 Order Municipal Election on 01-16-93 10-27-92 ORDINANCE NO.92-20 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, ORDERING A MUNICIPAL ELECTION TO BE HELD ON THE 16TH DAY OF JANUARY, 1993,FOR THE PURPOSE OF ELECTING A MAYOR AT-LARGE,AND FOUR COUNCILMEMBERS,ONE FROM EACH OF THE CITY'S FOUR WARDS,ONE,TWO,THREE AND FOUR; PROVIDING FOR ELECTION OFFICERS; DESIGNATING THE PLACES AND MANNER OF HOLDING THE ELECTION; AND PROVIDING FOR THE POSTING AND PUBLICATION OF NOTICE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS,that: SECTION 1.The regular municipal election of the City of Huntsville,prescribed by Section 6.01 of the City Charter, shall be held between the hours of seven (7:00) o'clock a.m.and seven (7:00)o'clock p.m.on the 16th day of January, 1993, in the City for the purpose of electing a Mayor at-large and four Councilmembers, one from each of the City's four wards, one (1), two (2), three(3)and four(4). SECTION 2.The City is hereby divided into six(6)election precincts,the precincts to have the same boundaries as County election precinct numbers 101,102,201,206, 301, and 401. The polling places and election officials for these election precincts shall be as follows: Precinct Polline Place Judge/Alternate Judge 101 First Baptist Church Wanda Horton/James Hartson 10th Street 102 Walker County Courthouse Lillian Nimmo/Charles Davis 1100 University Avenue 201 First Presbyterian Church Betty Dunlap/John Holcombe 19th Street 206 Region VI Education Building Tom Davis/Patricia Hipps F.M. 1374 301 Martin Luther King Center Becky Abbott/Patsy Daugherty Avenue F 401 Second Baptist Church Doug Shearer/Delora King Sam Houston Avenue 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. SECTION 4.A Mayor shall be selected for the City at-large by a majority vote of the registered voters of the City. The Mayor elected shall hold office for a period of two(2)years. SECTION 5. One Councilmember shall be selected from each of the respective ward numbers one(1),two(2),three(3)and four(4)of the City by a majority vote of the registered voters residing within that ward. The Councilmembers elected shall hold office for a period of two(2)years. SECTION 6.The Mayor and each of the four Councilmembers shall be citizens of the United States,qualified and registered voters of the State of Texas,residents within the present corporate limits of Huntsville for at least twelve months immediately preceding the election, and current in payment of taxes and assessments due to the City. SECTION 7.Any eligible and qualified person may have his name upon the official ballot as an independent candidate by submitting an application, which, in accordance with Texas Election Code Section 141.031,must be in writing and be signed and sworn to by the candidate and indicate the date that the candidate swears to the application. The application shall include: the candidate's name;the candidate's occupation;the office sought,including the ward number,if any;a statement that the candidate is a United States citizen; a statement that the candidate has not been determined mentally incompetent by a final judgment of a court; a statement that the candidate has not been finally convicted of a felony from which the candidate has not been pardoned or otherwise released from the resulting disabilities; the candidate's date of birth;the candidate's residence address or,if the residence has no address,the address at which the candidate receives mail and a concise description of the location of the candidate's residence; the candidate's length of continuous residence in the state and in the territory from which the office sought is elected as of the date the candidate swears to the application;a statement that the candidate is aware of the nepotism law,Articles 5996a through 59968 of the Texas Revised Statutes;and the statement:1, ,of Walker County, Texas, being a candidate for the office of Mayor/Councilmember, swear that I will support and defend the constitution and laws of the United States and of the State of Texas:' Such application must be filed with the Mayor or City Secretary not later than 5:00 p.m. of the 45th day before election day. SECTION 8.The order in which the names of the candidates are to be printed on the ballot shall be determined by a drawing of the City Secretary as provided by section 52.094 of the Texas Election Code. The form of the ballot for the election shall be as follows: OFFICIAL BALLOT Regular Election City of Huntsville,Texas January 16, 1993 INSTRUCTION NOTE: Vote for the candidate of your choice in each race by placing an"X"in the square beside the candidate's name. Mayor (Vote for one) ❑ (candidates'name) ❑ (candidates'name) Councilmember, Ward Number One (Vote for one) ❑ (candidates' name) ❑ (candidates'name) Councilmember, Ward Number Two (Vote for one) ❑ (candidates'name) ❑ (candidates' name) Councilmember,Ward Number Three (Vote for one) ❑ (candidates' name) ❑ (candidates' name) Councilmember,Ward Number Four (Vote for one) ❑ (candidates' name) ❑ (candidates' name) SECTION 9. City Secretary, Danna Welter, is hereby appointed as Early Voting Clerk,and the City Hall 1212 Avenue M Huntsville,Texas 77340 is hereby designated as the place for early voting for the election. During the lawful early voting period,such clerk shall keep such place for early voting open for early voting from 8:00 a.m. to 5:00 p.m.on each day except Saturdays, Sundays,and official state holidays. SECTION 10. James Mathis is hereby appointed as the presiding judge of the early ballot board,and is hereby directed to perform the duties required of such by Chapter 87 of the Texas Election Code. SECTION 11. 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 twenty-five (25) 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(20)days before the election; and (d) by posting at City Hall and the Walker County Courthouse bulletin boards notice of the election at least twenty(20)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 12. This ordinance shall take effect from and after its passage. PASSED AND APPROVED this P-11day of (DCOhe r 11992. THE CITY OF HUNTSVILLE W.H.Hodges,Mayor ATTEST: Danna Welter,City Secretary APPROVED AS TO FORM: Psi( 2�— Scott Bounds,City Attorney RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: Ordinance 92-21 Offer for Acquisition of Property-27.33 Acres 10-27-92 ORDINANCE NO.92-21 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, AUTHORIZING THE CITY ATTORNEY TO MAKE AN OFFER FOR THE CITY OF HUNTSVILLE FOR THE ACQUISITION OF CERTAIN INTERESTS IN PROPERTIES THAT ARE REQUIRED FOR PUBLIC PURPOSES; DIRECTING THE CITY ATTORNEY TO INSTITUTE CONDEMNATION PROCEEDINGS IN THE EVENT SUCH OFFER IS REFUSED;PROVIDING FOR THE FILING OF LIS PEDENS; AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. WHEREAS the City Council of the City of Huntsville now finds and determines that public convenience and necessity require that the City of Huntsville acquire the land described herein for public purposes; NOW,THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS,that SECTION 1:The City Attorney is authorized and directed to make an offer of$73,800.00 for the properties described in Section 2 to the Federal Deposit Insurance Corporation,or to the actual real and true owners thereof,whether correctly named or not,for the purchase and acquisition by the City of Huntsville of the fee interest in the property that is required for public purposes. SECTION 2:The property needed for public purposes is: 27.33 acres,P.Gray League,A-24,Walker County,Texas SECTION 3:The offer shall provide that if it is not accepted within ten (10) days after receipt, the City of Huntsville will consider such offer refused and will institute condemnation proceedings. SECTION 4:In the event that the offer is refused, either expressly or by failure of the owners to unconditionally accept the same within the time specified,the City Attorney is authorized to institute condemnation proceedings on behalf of the City of Huntsville under the provisions of Chapter 21 of the Texas Property Code,the Charter of the City of Huntsville,or any other applicable state or local law. Additionally, the City Attorney is directed to file notice of this action in the real property records of Walker County,Texas. Texas Property Code Section 12.007. SECTION 5:Should such offer be accepted,the money above set forth shall be paid out of any appropriation heretofore made for which the above described tract is required. Should such offer not be accepted,the amount finally awarded to the owner in the condemnation proceedings, plus costs, fees and expenses, shall be paid out of such funds so appropriated. SECTION 6:This ordinance shall take effect from and after its passage. PASSED by the City Council of the City of Huntsville, Texas on this the 2q�h day of od-p lye{ 1992. CITY OF HUNTSVILLE,TEXAS W.H.Hodges,Mayor ATTEST: I �y Danna Welter, City Secretary APPROVED AS TO FORM: G43d Scott'Bounds,City Attorney RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: Ordinance 92-22 Stop Signs-Sabrina&Vicki Ln.@ Powell Rd. 10-27-92 ORDINANCE NO.92-22 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE,TEXAS,AMENDING CHAPTER 12,MOTOR VEHICLES AND TRAFFIC,OF ITS CODE OF ORDINANCES BY PROVIDING STOP SIGNS AT SABRINA LANE AND VICKI LANE ON POWELL ROAD;PROVIDING A PENALTY OF UP TO $200 A DAY FOR CERTAIN VIOLATIONS; MAKING OTHER RELATED FINDINGS AND PROVISIONS RELATED THERETO; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS,THAT: Section 1: The following;described intersections are designated as stop intersections: Intersection At Sabrina Lane Powell Road Vicki Lane Powell Road Section 2: Schedule VIII,Stop Intersections,of Chapter 12,Motor Vehicles and Traffic, of the Code of Ordinances of the City of Huntsville,Texas, shall be revised to reflect the amendments made by this ordinance. Section 3: The City Manager is authorized and directed to cause the posting of proper Signs at the above described intersection. Section 4: It shall be unlawful for driver of a vehicle to disobey the instruction of the signs placed in accordance with the provisions of this ordinance unless at the time otherwise directed by a Police Officer. Section 5: Any person,firm or corporation violating any provision of this ordinance or failing to comply with any requirement of the ordinance will be guilty of a misdemeanor and subject to a fine of up to two hundred ($200.00) dollars upon conviction. Each day during or upon which said person shall violate or continue violation of any provision of this ordinance or non-compliance with any requirement of this ordinance shall constitute a distinct and separate offense. The violation of any provision of the ordinance or the failure to comply with any requirement of this ordinance shall each constitute a distinct and separate offense. Section 6: If any section,subsection,sentence,clause,phrase or portion of this ordinance is for any reason held invalid or unconstitutional, such portion shall be deemed a separate,distinct and independent provision and such holding shall not affect any of the remaining provisions of this ordinance. Section 7: All ordinances and parts of ordinances in conflict with the provisions of this ordinance are hereby repealed; provided,however,that such repeal shall be only to the extent of such inconsistency and in all other respects this ordinance shall be cumulative of other ordinances regulating and governing the subject matter covered by this ordinance. Section S: This ordinance shall take effect ten (10) days after its passage by the City Council. The City Secretary shall publish the caption of this ordinance in the official City newspaper at least twice within ten(10)days of its passage. PASSED AND APPROVED THIS a?,Idi day of QCT obi , 1992• THE CITY OF HUNTSVILLE William H.Hodges, Mayo ATTEST: / Danna Welter,City Secretary APPROVED AS TO FORM: Scott Bounds,City Attorney RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: Ordinance 92-23 No Parking Zones/Redesignating&Repealing 10-27-92 ORDINANCE NO.92-22 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE,TEXAS,AMENDING CHAPTER 12,MOTOR VEHICLES AND TRAFFIC,OF ITS CODE OF ORDINANCES BY PROVIDING STOP SIGNS AT SABRINA LANE AND VICKI LANE ON POWELL ROAD;PROVIDING A PENALTY OF UP TO $200 A DAY FOR CERTAIN VIOLATIONS; MAKING OTHER RELATED FINDINGS AND PROVISIONS RELATED THERETO; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE HEREOF. Danna Welter,City Secretary ORDINANCE NO.92-23 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS,AMENDING CHAPTER 12,MOTOR VEHICLES AND TRAFFIC,OF ITS CODE OF ORDINANCES BY ESTABLISHING NO PARKING ZONES ON THE NORTH SIDE OF 19TH STREET BETWEEN SAM HOUSTON AVENUE AND AVENUE L 1/2,AND ON THE WEST SIDE OF AVENUE N BETWEEN 14TH AND 15TH STREETS; PROHIBITING PARKING ON PART OF SAM HOUSTON AVENUE NORTH OF 11TH STREET; REMOVING RESTRICTIONS ON 13TH STREET BE'�WEEN AVENUE M AND UNIVERSITY;PROVIDING A PENALTY OF UP TO$200 A DAY FOR CERTAIN VIOLATIONS; MAKING OTHER RELATED FINDINGS AND PROVISIONS RELATED THERETO;AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE HEREOF. Danna Welter,City Secretary Please publish on Sunday, November 1,and on Wednesday,November 4, 1992. Section 4: Schedule III,No Parking Zones, and Schedule IV, Parking Limit Zones, of Chapter 12, Motor Vehicles and Traffic, of the Code of Ordinances of the City of Huntsville,Texas,shall be revised to reflect the amendments made by this ordinance. Section 5: The City Manager is authorized and directed to cause the posting of proper signs along the above described streets and parking zones. Section 6: It shall be unlawful for driver of a vehicle to disobey the instruction of the signs placed in accordance with the provisions of this ordinance unless at the time otherwise directed by a Police Officer. Section 7: Any person,firm or corporation violating any provision of this ordinance or failing to comply with any requirement of the ordinance will be guilty of a misdemeanor and subject to a fine of up to two hundred ($200.00) dollars upon conviction. Each day during or upon which said person shall violate or continue violation of any provision of this ordinance or non-compliance with any requirement of this ordinance shall constitute a distinct and separate offense. The violation of any provision of the ordinance or the failure to comply with any requirement of this ordinance shall each constitute a distinct and separate offense. Section 8: If any section,subsection,sentence,clause,phrase or portion of this ordinance is for any reason held invalid or unconstitutional, such portion shall be deemed a separate,distinct and independent provision and such holding shall not affect any of the remaining provisions of this ordinance. Section 9: All ordinances and parts of ordinances in conflict with the provisions of this ordinance are hereby repealed; provided,however,that such repeal shall be only to the extent of such inconsistency and in all other respects this ordinance shall be cumulative of other ordinances regulating and governing the subject matter covered by this ordinance. Section 10: This ordinance shall take effect ten (10) days after its passage by the City Council. The City Secretary shall publish the caption of this ordinance in the official City newspaper at least twice within ten(10)days of its passage. PASSED AND APPROVED THIS a-I* day of dobe 1992. THE/CITY OF HUNTSVILLE W.H. Hod es,1V'fa'yor ATTEST: Id Danna Welter,City Secretary APPROVED AS TO FORM: Scott Bounds,City Attorney RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: Ordinance 92-24 No Parking- 16th Street Between Ave.I&H 11-10-92 ORDINANCE NO.92-24 AN ORDINANCE OF THE CITY COUNCIL OF THE CPl'Y OF HUNTSVILLE,TEXAS,AMENDING CHAPTER 12,MOTOR VEHICLES AND TRAFFIC,OF ITS CODE OF ORDINANCES BY ESTABLISHING NO PARKING ZONES ON BOTH SIDES OF 16TH STREET BETWEEN AVENUE I AND AVENUE H;PROVIDING A PENALTY OF UP TO$200 A DAY FOR CERTAIN VIOLATIONS; MAKING OTHER RELATED FINDINGS AND PROVISIONS RELATED THERETO;AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS,THAT: Section 1: The following described curb zones and areas are designated as no parking zones: Street Nante Side of Street Limits 11tLe 16th Street Both Between it ventre I No Parking At Any 7inte and Avenue H Section 2: Schedule III,No Parking Zones,of Chapter 12,Motor Vehicles and Traffic, of the Code of Ordinances of the City of Huntsville,Texas,shall be revised to reflect the amendments made by this ordinance. Section 3: The City Manager is authorized and directed to cause the posting of proper signs along the above described streets and parking zones. Section 4: It shall be unlawful for driver of a vehicle to disobey the instruction of the signs placed in accordance with the provisions of this ordinance unless at the time otherwise directed by a Police Officer. Section 5: Any person,firm or corporation violating any provision of this ordinance or failing to comply with any requirement of the ordinance will be guilty of a misdemeanor and subject to a fine of up to two hundred ($200.00) dollars upon conviction. Each day during or upon which said person shall violate or continue violation of any provision of this ordinance or non-compliance with any requirement of this ordinance shall constitute a distinct and separate offense. The violation of any provision of the ordinance or the failure to comply with any requirement of this ordinance shall each constitute a distinct and separate offense. Section 6: If any section,subsection,sentence,clause,phrase or portion of this ordinance is for any reason held invalid or unconstitutional, such portion shall be deemed a separate,distinct and independent provision and such holding shall not affect any of the remaining provisions of this ordinance. Section 7: All ordinances and parts of ordinances in conflict with the provisions of this ordinance are hereby repealed; provided,however,that such repeal shall be only to the extent of such inconsistency and in all other respects this ordinance shall be cumulative of other ordinances regulating and governing the subject matter covered by this ordinance. Section 8: This ordinance shall take effect ten (10) days after its passage by the City Council. The City Secretary shall publish the caption of this ordinance in the official City newspaper at least twice within ten(10)days of its passage. PASSED AND APPROVED THIS 10-M day of n0V Mbh t—, 1992. THE CITY OF HUNTSVILLE W.H.Hodges ayor //SATTT(,EST: /J� I Xyl/�iA Q IX�CiC/1 Danna Welter,City Secretary APPROVED AS TO FORM: ,L" 2,./ Scott Bounds, City Attorney RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: Ordinance 92-25 Auth.Pub.Notice to Bidders-Backhoe 11-23-92 ORDINANCE NO.92-25 AN ORDINANCE AUTHORIZING PUBLICATION OF NOTICE TO BIDDERS AND NOTICE OF INTENTION TO ISSUE CERTIFICATES OF OBLIGATION FORA 1993 DIESEL POWERED BACKHOE;AND MAKING VARIOUS PROVISIONS RELATED THERETO. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS,that: SECTION 1:The City Manager is hereby authorized and directed to cause to be published a notice to bidders and notice to issue Certificates of Obligation in substantially the following form: NOTICE TO BIDDERS AND NOTICE OF INTENTION TO ISSUE CERTIFICATE OF OBLIGATION 1993 DIESEL POWERED BACKHOE BID NO.93-7 The City of Huntsville, Texas,is accepting sealed bids for a 1993 Diesel Backhoe. Bids will be received until 2:00 p.m., Monday, December 14, 1992, in the City of Huntsville City Council Chambers, 1212 Avenue M, at which time bids will be opened. The City Council tentatively proposes to let a contract for such purpose and to authorize issuance of a Certificate of Obligation, in accordance with the terms and provisions of this notice, at its December 15th meeting,or at a subsequent meeting,of the City Council in City Hall. Copies of specifications are on file and may be obtained or examined at the office of the Purchasing Department at City Hall, 1212 Avenue M,Huntsville, Texas 77340. The City reserves the right to accept any bid deemed most advantageous(including alternates), to reject any or all bids,and to waive any informality. It is the intention of the City to pay all or any part of any contractual obligation to be incurred for such purchase by the issuance of a Certificate of Obligation of the City pursuant to Texas Local Government Code Chapter 271 and payable from City ad valorem taxes,in the maximum aggregate principal amount of$35,000,bearing interest at a rate not in excess of that prescribed by Texas Revised Civil Statutes Article 717k-2,and maturing over a period of years not to exceed 20 years from the date thereof. The successful bidder will be required to accept the Certificate of Obligation in payment of all or any part of the contract price. The City Council may make provisions for each contractor to sell and assign the Certificate of Obligation,and each bidder is required to elect whether the contractor will accept the Certificate in payment of all or a part of the contract price,or assign the Certificate in accordance with such arrangements. SECTION 2:The notice set forth in Section 1 shall be published once a week for two(2) consecutive weeks in the Huntsville Item,a paper that is of general circulation in the City of Huntsville and that has been duly designated as the official newspaper of the City. The date of first publication shall not be less than fourteen (14) days prior to the date set in the notice for the receipt and opening of bids by the City. SECTION 3:This ordinance shall take effect and be in full force and effect immediately after its passage. PASSED AND APPROVED this 23rd day of November, 1992. THE CITY OF HUNTSVILLE,TEXAS W.H.Hodges,Mayo ATTEST: Danna Welter,City Secretary APP VE D A O FORM: Sc Bo d , ity Attorney RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: Ordinance 92-26 Separate Parking Offense/Exceeding Time 11-23-93 i ORDINANCE NO.92-26 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, PROHIBITING CURB ZONE PARKING FOR A PERIOD OF TIME LONGER THAN DESIGNATED; MAKING A SEPARATE OFFENSE TO CONTINUE SUCH VIOLATIONS FOR EACH SUCCEEDING UNIT OF TIME;PROVIDING A PENALTY OF UP TO$200 A DAY FOR CERTAIN VIOLATIONS; MAKING OTHER RELATED FINDINGS AND PROVISIONS RELATED THERETO;AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS,THAT: Section 1: Chapter 12, Motor Vehicles and Traffic, of the Code of Ordinances of the City of Huntsville,Texas,is hereby amended by the addition of subsection 12- 52(c)which shall read as follows: Section 12-52. Prohibited Curb Zone Parking. (c) A person commits an initial offense if the person stops,stands or parks a vehicle, bicycle or motor-assisted bicycle in a curb zone for a period of time longer titan is designated as provided by Section 12-52(a)(1). It shall furthermore be unlawful to continue such violation, and a person commits a separate offense for each succeeding unit of time during which the unlawful parking is continued. Section 2: Any person,firm or corporation violating any provision of this ordinance or failing to comply with any requirement of the ordinance will be guilty of a misdemeanor and subject to a fine of up to two hundred ($200.00) dollars upon conviction. The violation of any provision of the ordinance or the failure to comply with any requirement of this ordinance shall each constitute a distinct and separate offense. Section 3: If any section,subsection,sentence,clause,phrase or portion of this ordinance is for any reason held invalid or unconstitutional, such portion shall be deemed a separate,distinct and independent provision and such holding shall not affect any of the remaining provisions of this ordinance. Section 4: All ordinances and parts of ordinances in conflict with the provisions of this ordinance are hereby repealed; provided,however,that such repeal shall be only to the extent of such inconsistency and in all other respects this ordinance shall be cumulative of other ordinances regulating and governing the subject matter covered by this ordinance. Section 5: This ordinance shall take effect ten (10) days after its passage by the City Council. The City Secretary shall publish the caption of this ordinance in the official City newspaper at least twice within ten(10)days of its passage. PASSED AND APPROVED THIS �0 day of I/OVP.1'YI b yam, 1992. THE CITY OF HUNTSVILLE H.Hodges,Mayor ATTEST: �C-1tR/"CiLJ l Danna Welter,City Secretary APP VED TO FORM: Sc t B s,City Attorney RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: Nlnanc , 99-,Q•7 13s i,lcl a U - W4 4 Vw6ucaVorks u nd �5'0'l l fcut� 3twC4 yeVer tt- h,i' s l 1cfbj ORDINAVCE 92-27 ORDINANCE AUTHORIZING THE ISSUANCE OF CITY OF HUNTSVILLE, TEXAS, WATERWORKS AND SANITARY SEWER SYSTEM REVENUE REFUNDING BONDS, SERIES 1992; AUTHORIZING THE REDEMPTION PRIOR TO MATURITY OF CERTAIN OUTSTANDING BONDS; AUTHORIZING THE ADVANCE REFUNDING OF CERTAIN OUTSTANDING OBLIGATIONS AND THE EXECUTION AND DELIVERY OF AN ESCROW AGREEMENT AND THE SUBSCRIPTION FOR AND PURCHASE OF CERTAIN ESCROWED SECURITIES THE STATE OF TEXAS § COUNTY OF WALKER § CITY OF HUNTSVILLE § WHEREAS, the City has heretofore issued its Waterworks and Sanitary Sewer System Revenue Bonds, Series 1983 (the "Prior Bonds"); and WHEREAS, the City desires to refund a portion of the Prior Bonds (the "Refunded Bonds"), in advance of their maturities; and WHEREAS, Article 717k, Vernon's Texas Civil Statutes, as amended, authorizes the City to issue refunding bonds without an election for the purpose of refunding the Refunded Bonds in advance of their maturities, and to accomplish such refunding by depositing directly with any paying agent for the Refunded Bonds the proceeds of such refunding bonds, together with other available funds, in an amount sufficient to provide for the payment or redemption of the Refunded Bonds, and provides that such deposit shall constitute the making of firm banking and financial arrangements for the discharge and final payment or redemption of the Refunded Bonds; and WHEREAS, the City desires to authorize the execution of an escrow agreement and provide for the deposit of proceeds of the refunding bonds, together with other funds, to pay the Refunded Bonds; and WHEREAS, upon the issuance of the refunding bonds herein authorized and the deposit of funds referred to above, the Refunded Bonds shall no longer be regarded as being outstanding, except for the purpose of being paid pursuant to such deposit, and the pledges, liens, trusts and all other covenants, provisions, terms and conditions of the ordinance authorizing the issuance of the Refunded Bonds shall be, with respect to the Refunded Bonds, discharged, terminated and defeased; Now, Therefore BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE: ARTICLE I RECITALS: CONSIDERATION Section 1.1: Recitals: Consideration. It is hereby found and determined that the matters and facts set out in the preamble to this Ordinance are true and correct. It is hereby found and determined that the transactions contemplated in this Ordinance result in a savings in the debt service payable by the City and that such benefit is sufficient consideration for the refunding of the Refunded Bonds. ARTICLE II DEFINITIONS AND INTERPRETATIONS Section 2.1: Definitions. Throughout this Ordinance the following terms and expressions as used herein shall have the meanings set forth below: "Act" shall mean Article 717k, Vernon's Texas Civil Statutes, as amended. "Additional Bonds" shall mean the additional parity revenue bonds permitted to be issued by the City pursuant to Article VI of this Ordinance. "Bonds" or "Series 1992 Bonds" shall mean the City of Huntsville, Texas, Waterworks and Sanitary Sewer System Revenue Refunding Bonds, Series 1992, authorized by this Ordinance. "Business Day" shall mean any day which is not a Saturday, Sunday, or a day on which the Registrar is authorized by law or executive order to close. "City" shall mean the City of Huntsville, Texas, and where appropriate, the City Council thereof and any successor to the City as owner of the System. "Code" shall mean the Internal Revenue Code of 1986, as amended. "Comptroller" shall mean the Comptroller of Public Accounts of the State of Texas. "Escrow Agent" shall mean First Interstate Bank of Texas, N.A., Houston, Texas (formerly Allied Bank of Texas, Houston, Texas). -2- "Escrow Agreement" shall mean the agreement between the City and the Escrow Agent relating to the escrow of funds to pay the Refunded Bonds. "Insurer" shall mean Municipal Bond Investors Assurance corporation. "Interest Payment Date", when used in connection with any Bond, shall mean October 1, 1992, and each April 1 and October 1 thereafter until maturity. "Net Revenues" shall mean the gross revenues of the System less the reasonable expense of operation and maintenance of the System, including all salaries, labor, materials, repairs and extensions necessary to render efficient service, provided, however, that only such repairs and extensions, as in the judgment of the City Council, reasonably and fairly exercised, are necessary to keep the plant or utility in operation and render adequate service to the City and the inhabitants thereof, or such as might be necessary to meet some physical accident or condition which would otherwise impair the Outstanding Bonds, the Bonds and the Additional Bonds shall be deducted in determining Net Revenues. "Ordinance" shall mean this bond ordinance and all amendments hereof and supplements hereto. "Outstanding Bonds" shall mean the City's Waterworks and Sanitary Sewer System Revenue Bonds, Series 1991, and the unrefunded portion of the City's Waterworks and Sanitary Sewer System Revenue Bonds, Series 1983. "Owner" or "Registered Owner", when used with respect to any bond shall mean the person or entity in whose name such bond is registered in the Register for the issue of which such bond is a part. When used in connection with any bond issued in bearer form, such term shall mean the bearer of such bond. "Paying Agent" shall mean the Registrar. "Record Date" shall mean the 15th calendar day of the month next preceding each Interest Payment Date. "Register" shall mean the books of registration kept by the Registrar in which are maintained the names and addresses of, and the principal amounts of Bonds registered to, each Owner. "Registrar" shall mean First Interstate Bank of Texas, N.A., Houston, Texas, and its successors in that capacity. -3- "Refunded Bonds" shall mean the City's Waterworks and Sanitary Sewer System Revenue Bonds, Series 1983, dated April 1, 1983, in the aggregate principal amount of $1,650,000, maturing on October I in each of the years 1994 through 2002, both inclusive. "Report" shall mean the report of KPMG Peat Marwick, Certified Public Accountants, verifying the accuracy of certain mathematical computations relating to the Bonds and the Refunded Bonds. "Reserve Fund" shall mean the reserve fund for the Outstanding Bonds, the Bonds and Additional Bonds, which fund is established and confirmed in the ordinances authorizing the Outstanding Bonds and this Ordinance. "System" shall mean the waterworks and sanitary sewer system of the City, including all present and future extensions, additions, replacements and improvements thereto. "Underwriter" shall mean Masterson Moreland Sauer Whisman, Inc. Section 2.2: Interpretations. All terms defined herein and all pronouns used in this Ordinance shall be deemed to apply equally to singular and plural and to all genders. The titles and headings of the articles and sections of this Ordinance have been inserted for convenience of reference only and are not to be considered a part hereof and shall not in any way modify or restrict any of the terms or provisions hereof. This Ordinance and all the terms and provisions hereof shall be liberally construed to effectuate the purposes set forth herein and to sustain the validity of the Bonds and the validity of the lien on and pledge of the Net Revenues to secure the payment of the Bonds, the Outstanding Bonds, and the Additional Bonds. ARTICLE III TERMS OF THE BONDS Section 3.1: Authorization and Authorized Amount. The Bonds shall be issued, pursuant to the Act, in fully registered form in the principal amount of One Million Eight Hundred Sixty Thousand Dollars ($1,860,000) for the purpose of refunding the Refunded Bonds. Section 3.2: Designation Date and Interest Payment Dates. The Bonds shall be designated as "City of Huntsville, Texas, Waterworks and Sanitary Sewer System Revenue Refunding Bonds, Series 1992," and shall be dated April 1, 1992. The Bonds shall bear interest at the rates set out in Section 3.3 of this Ordinance from the later of April 1, 1992, or the most recent Interest -4- Payment Date to which interest has been paid or duly provided for, calculated on the basis of a 360 day year of twelve 30 day months, payable on October 1, 1992, and semiannually thereafter on April 1 and October 1 of each year until maturity. Section 3.3: Numbers Denomination, Interest Rates and Maturities. The Bonds shall be initially issued bearing the numbers, in the principal amounts, and bearing interest at the rates set forth in the following schedule, and may be transferred and exchanged as set out in this Ordinance. The Bonds shall mature on October 1 in each of the years and in the amounts set out in such schedule. Bonds delivered on transfer of or in exchange for other Bonds shall be numbered in order of their authentication by the Registrar, shall be in the denomination of $5,000 or integral multiples thereof, and shall mature on the same date and bear interest at the same rate as the Bond or Bonds in lieu of which they are delivered. Bond Principal Year of Interest Number Amount Maturity Rate R- 1 $ 35,000 1992 3.50$ R- 2 35,000 1993 3.90% R- 3 155,000 1994 4.25% R- 4 160,000 1995 4.60% R- 5 175,000 1996 4.90$ R- 6 185,000 1997 5.00$ R- 7 200,000 1998 5.30$ R- 8 210,000 1999 5.50$ R- 9 215,000 2000 5.65% R-10 240,000 2001 5.80% R-11 250,000 2002 5.90$ Section 3.4: Execution of Bonds: Seal. The Bonds shall be signed on behalf of the City by the Mayor and countersigned by the City Secretary, by their manual, lithographed, or facsimile signatures, and the official seal of the City shall be impressed or placed in facsimile thereon. Such facsimile signatures on the Bonds shall have the same effect as if each of the Bonds had been signed manually and in person by each of said officers, and such facsimile seal on the Bonds shall have the same effect as if the official seal of the City had been manually impressed upon each of the Bonds. If any officer of the City whose manual or facsimile signature shall appear on the Bonds shall cease to be such officer before the authentication of such Bonds or before the delivery of such Bonds, such manual or facsimile signature shall nevertheless be valid and sufficient for all purposes as if such officer had remained in such office. -5- Section 3.5: Approval By Attorney General: Registration by Comptroller. The Bonds to be initially issued shall be delivered to the Attorney General of Texas for examination and approval and shall be registered by the Comptroller. The manually executed registration certificate of the Comptroller substantially in the form provided in Section 4.1 of this Ordinance shall be affixed or attached to the Bonds to be initially issued. Section 3.6: Authentication. Except for the Bonds to be initially issued, which need not be authenticated, only such Bonds as shall bear thereon a certificate of authentication substantially in the form provided in Section 4.1 of this Ordinance, manually executed by an authorized representative of the Registrar, shall be entitled to the benefits of this Ordinance or shall be valid or obligatory for any purpose. Such duly executed certificate of authentication shall be conclusive evidence that the Bond so authenticated was delivered by the Registrar hereunder. Section 3.7: Payment of Principal and Interest. The Registrar is hereby appointed as the paying agent and registrar for the Bonds. The principal of the Bonds shall be payable, without exchange or collection charges, in any coin or currency of the United States of America which on the date of payment is legal tender for the payment of debts due the United States of America, upon their presentation and surrender as they respectively become due and payable at the principal corporate trust office of the Registrar. The interest on each Bond shall be payable on each Interest Payment Date, by check mailed by the Registrar on or before the Interest Payment Date to the Owner of record as of the Record Date, to the address of such Owner as shown on the Register, or by such other method acceptable to the Registrar, requested by, and at the risk and expense of the Owner. If the date for payment of the principal of or interest on any Bond is not a Business Day, then the date for such payment shall be the next succeeding Business Day with the same force and effect as if made on the date payment was originally due. Section 3.8: Successor Registrars. The City covenants that at all times while any Bonds are outstanding it will provide a bank, trust company, financial institution, or other entity duly qualified and legally authorized to serve as and perform the duties and services of the Registrar and Paying Agent for the Bonds. The City reserves the right to change the Registrar for the Bonds on not less than 60 days written notice to the Registrar, so long as any such notice is effective not less than 60 days prior to the next succeeding principal or interest payment date on the Bonds. Promptly upon the appointment of any successor Registrar, the previous Registrar shall deliver the Register or copies thereof to the new Registrar, and the new Registrar shall notify each Owner, -6- by United States mail, first class postage prepaid, of such change and of the address of the new Registrar. Each Registrar hereunder, by acting in that capacity, shall be deemed to have agreed to the provisions of this Section. Section 3.9: Special Record Date. If interest on any Bond is not paid on any Interest Payment Date and continues unpaid for thirty (30) days thereafter, the Registrar shall establish a new record date for the payment of such interest, to be known as a Special Record Date. The Registrar shall establish a Special Record Date when funds to make such interest payment are received from or on behalf of the City. Such Special Record Date shall be fifteen (15) days prior to the date fixed for payment of such past due interest, and notice of the date of payment and the Special Record Date shall be sent by United States mail, first class, postage prepaid, not later than five (5) days prior to the Special Record Date, to each affected Owner of record as of the close of business on the day prior to the mailing of such notice. Section 3.10: Ownership• Unclaimed Principal and Interest. The City, the Registrar and any other person may treat the person in whose name any Bond is registered as the absolute owner of such Bond for the purpose of making and receiving payment of the principal of or interest on such Bond, and for all other purposes, whether or not such Bond is overdue, and neither the City nor the Registrar shall be bound by any notice or knowledge to the contrary. All payments made to the person deemed to be the Owner of any Bond in accordance with this Section 3.10 shall be valid and effectual and shall discharge the liability of the City and the Registrar upon such Bond to the extent of the sums paid. Amounts held by the Registrar which represent principal of and interest on the Bonds remaining unclaimed by the Owner after the expiration of three years from the date such amounts have become due and payable shall be reported and disposed of by the Registrar in accordance with the applicable provisions of Texas law including, to the extent applicable, Title 6 of the Texas Property Code, as amended. Section 3.11: Registration Transfer. and Exchange. So long as any Bonds remain outstanding, the Registrar shall keep the Register at its principal corporate trust office and, subject to such reasonable regulations as it may prescribe, the Registrar shall provide for the registration and transfer of Bonds in accordance with the terms of this Ordinance. Each Bond shall be transferable only upon the presentation and surrender thereof at the principal corporate trust office of the Registrar, duly endorsed for transfer, or accompanied by an assignment duly executed by the registered Owner or his authorized -7- representative in form satisfactory to the Registrar. Upon due presentation of any Bond for transfer, the Registrar shall authenticate and deliver in exchange therefor, within three Business Days after such presentation, a new Bond or Bonds, registered in the name of the transferee or transferees, in authorized denominations and of the same maturity and aggregate principal amount and bearing interest at the same rate as the Bond or Bonds so presented. All Bonds shall be exchangeable upon presentation and surrender thereof at the principal corporate trust office of the Registrar for a Bond or Bonds of the same maturity and interest rate and in any authorized denomination, in an aggregate amount equal to the unpaid principal amount of the Bond or Bonds presented for exchange. The Registrar shall be and is hereby authorized to authenticate and deliver exchange Bonds in accordance with the provisions of this Section 3.11. Each Bond delivered in accordance with this Section 3.11 shall be entitled to the benefits and security of this Ordinance to the same extent as the Bond or Bonds in lieu of which such Bond is delivered. The City or the Registrar may require the Owner of any Bond to pay a sum sufficient to cover any tax or other governmental charge that may be imposed in connection with the transfer or exchange of such Bond. Any fee or charge of the Registrar for such transfer or exchange shall be paid by the City. Section 3.12: Mutilated Lost. or Stolen Bonds. Upon the presentation and surrender to the Registrar of a mutilated Bond, the Registrar shall authenticate and deliver in exchange therefor a replacement Bond of like maturity, interest rate, and principal amount, bearing a number not contemporaneously outstanding. If any Bond is lost, apparently destroyed, or wrongfully taken, the City, pursuant to the applicable laws of the State of Texas and in the absence of notice or knowledge that such Bond has been acquired by a bona fide purchaser, shall authorize and the Registrar shall authenticate and deliver a replacement Bond of like maturity, interest rate and principal amount, bearing a number not contemporaneously outstanding. The City or the Registrar may require the Owner of a mutilated Bond to pay a sum sufficient to cover any tax or other governmental charge that may be imposed in connection therewith and any other expenses connected therewith, including the fees and expenses of the Registrar. The City or the Registrar may require the Owner of a lost, apparently destroyed or wrongfully taken Bond, before any replacement Bond is issued, to: -8- (1) furnish to the City and the Registrar satisfactory evidence of the ownership of and the circumstances of the loss, destruction or theft of such Bond; (2) furnish such security or indemnity as may be required by the Registrar and the City to save them harmless; (3) pay all expenses and charges in connection therewith, including, but not limited to, printing costs, legal fees, fees of the Registrar and any tax or other governmental charge that may be imposed; and (4) meet any other reasonable requirements of the City and the Registrar. If, after the delivery of such replacement Bond, a bona fide purchaser of the original Bond in lieu of which such replacement Bond was issued presents for payment such original Bond, the City and the Registrar shall be entitled to recover such replacement Bond from the person to whom it was delivered or any person taking therefrom, except a bona fide purchaser, and shall be entitled to recover upon the security or indemnity provided therefor to the extent of any loss, damage, cost or expense incurred by the City or the Registrar in connection therewith. If any such mutilated, lost, apparently destroyed or wrongfully taken Bond has become or is about to become due and payable, the City in its discretion may, instead of issuing a replacement Bond, authorize the Registrar to pay such Bond. Each replacement Bond delivered in accordance with this Section 3.12 shall be entitled to the benefits and security of this Ordinance to the same extent as the Bond or Bonds in lieu of which such replacement Bond is delivered. Section 3.13: Cancellation of Bonds. All Bonds paid in accordance with this Ordinance, and all Bonds in lieu of which exchange Bonds or replacement Bonds are authenticated and delivered in accordance herewith, shall be cancelled and destroyed upon the making of proper records regarding such payment. The Registrar shall furnish the City with appropriate certificates of destruction of such Bonds. Section 3.14: optional Redemption. The Bonds are not optional for prior redemption. -9- ARTICLE IV FORM OF BONDS Section 4.1: Forms. The form of the Bonds, including the form of the Registrar's Authentication Certificate, the form of Assignment, the form of bond insurance legend, and the form of Registration Certificate of the Comptroller, which shall be attached or affixed to the Bonds initially issued, shall be, respectively, substantially as follows, with such additions, deletions and variations as may be necessary or desirable and not prohibited by this Ordinance: (Face of Bond) United States of America State of Texas NUMBER DENOMINATION R- $ REGISTERED REGISTERED CITY OF HUNTSVILLE, TEXAS WATERWORKS AND SANITARY SEWER SYSTEM REVENUE REFUNDING BOND SERIES 1992 INTEREST RATE: MATURITY DATE: ISSUE DATE: CUSIP: April 1, 1992 REGISTERED OWNER: PRINCIPAL AMOUNT: DOLLARS The City of Huntsville, Texas (the "City") promises to pay, but solely from certain Net Revenues, as described herein, to the registered owner identified above, or registered assigns, on the date specified above, upon presentation and surrender of this Bond at the principal corporate trust office of First Interstate Bank of Texas, N.A., Houston, Texas (the "Registrar"), the principal amount identified above, payable in any coin or currency of the United States of America which on the date of payment is legal tender for the payment of debts due the United States of America, and to pay, solely from such Net Revenues, interest thereon at the rate shown above, calculated on the basis of a 360 day year of twelve 30 day months, from the later of April 1, 1992, or the most recent interest payment date to which interest has been paid or duly provided for. Interest on this Bond is payable by check on -10- October 1 and April 1, beginning on October 1, 1992, mailed to the registered owner of record as of the 15th calendar day of the month next preceding each interest payment date, or by such other method acceptable to the Registrar, requested by and at the risk and expense of the Owner. REFERENCE IS HEREBY MADE TO THE FURTHER PROVISIONS OF THIS BOND SET FORTH ON THE REVERSE HEREOF, WHICH PROVISIONS SHALL HAVE THE SAME FORCE AND EFFECT AS IF SET FORTH AT THIS PLACE. IN WITNESS WHEREOF, this Bond has been signed with the manual or facsimile signature of the Mayor and countersigned with the manual or facsimile signature of the City Secretary, and the official seal of the City has been duly impressed, or placed in facsimile, on this Bond. (AUTHENTICATION (SEAL) CITY OF HUNTSVILLE, TEXAS CERTIFICATE) Mayor City Secretary (Back Panel of Bond) THIS BOND is one of a duly authorized issue of Bonds, aggregating $1,860,000 (the "Bonds"), issued for the purpose of refunding a portion of the City's outstanding Waterworks and Sanitary Sewer System Revenue Bonds, Series 1983, pursuant to an ordinance adopted by the City Council on April 28, 1992 (the "Ordinance"). THIS BOND AND THE SERIES OF WHICH IT IS A PART are special obligations of the City that are payable from and, together with the City's Waterworks and Sanitary Sewer System Revenue Bonds, Series 1991 and the unrefunded portion of the City's Waterworks and Sanitary Sewer System Revenue Bonds, Series 1983 (the "Outstanding Bonds"), are equally and ratably secured by a first lien on the "Net Revenues" collected and received by the City from the operation and ownership of the City's waterworks and sewer system, as defined and provided in the Ordinance, which Net Revenues are required to be set aside and pledged to the payment of the Outstanding Bonds, the Bonds, and all additional bonds issued on a parity therewith, in the Interest and Sinking Fund and the Reserve Fund maintained for the payment of all such Bonds, all as more fully described and provided for in the Ordinance. This Bond and the series of which it is a part, together with the interest thereon, are payable solely from such Net Revenues and do not -11- constitute an indebtedness or general obligation of the City. The owner hereof shall never have the right to demand payment of this obligation out of any funds raised or to be raised by taxation. THIS BOND is transferable only upon presentation and surrender at the principal corporate trust office of the Registrar, duly endorsed for transfer or accompanied by an assignment duly executed by the registered owner or his authorized representative, subject to the terms and conditions of the Ordinance. THE BONDS are exchangeable at the principal corporate trust office of the Registrar for bonds in the principal amount of $5,000 or any integral multiple thereof, subject to the terms and conditions of the Ordinance. THIS BOND shall not be valid or obligatory for any purpose or be entitled to any benefit under the Ordinance unless this Bond is either (i) registered by the Comptroller of Public Accounts of the State of Texas by registration certificate attached or affixed hereto or (ii) authenticated by the Registrar by due execution of the authentication certificate endorsed hereon. THE REGISTERED OWNER of this Bond, by acceptance hereof, acknowledges and agrees to be bound by all the terms and conditions of the Ordinance. THE CITY has covenanted in the Ordinance that it will at all times provide a legally qualified registrar for the Bonds and will cause notice of any change of registrar to be mailed to each registered owner. THE CITY HAS RESERVED THE RIGHT to issue additional parity revenue bonds, subject to the restrictions contained in the Ordinance, which may be equally and ratably payable from, and secured by a first lien on and pledge of, the aforesaid Net Revenues in the same manner and to the same extent as this Bond and the series of which it is a part. IT IS HEREBY DECLARED AND REPRESENTED that this Bond has been duly and validly issued and delivered; that all acts, conditions, and things required or proper to be performed, exist, and be done precedent to or in the issuance and delivery of this Bond have been performed, existed, and been done in accordance with law; that the Bonds do not exceed any statutory limitation; and that provision has been made for the payment of the principal of and interest on this Bond and all of the Bonds by the creation of the aforesaid lien on and pledge of the Net Revenues. -12- FORM OF REGISTRATION CERTIFICATE OF COMPTROLLER OF PUBLIC ACCOUNTS COMPTROLLER'S REGISTRATION CERTIFICATE: REGISTER NO. I hereby certify that this Bond has been examined, certified as to validity, and approved by the Attorney General of the State of Texas, and that this Bond has been registered by the Comptroller of Public Accounts of the State of Texas. WITNESS MY SIGNATURE AND SEAL this xxxxxxxxxx Comptroller of Public Accounts (SEAL) of the State of Texas FORM OF AUTHENTICATION CERTIFICATE AUTHENTICATION CERTIFICATE it is hereby certified that this Bond has been delivered pursuant to the Bond Ordinance described in the text of this Bond. First Interstate Bank of Texas, N.A. By Authorized Signature Date of Authentication FORM OF ASSIGNMENT ASSIGNMENT For value received, the undersigned hereby sells, assigns, and transfers unto (Please print or type name, address, and zip code of Transferee) (Please insert Social Security or Taxpayer Identification Number of Transferee) the within Bond and all rights thereunder, and hereby irrevocably constitutes and appoints attorney to transfer said Bond on the books kept for registration thereof, with full power of substitution in the premises. -13- DATED: Signature Guaranteed: Registered owner NOTICE: The signature above must correspond to the name of the registered owner as shown NOTICE: Signature must be on the face of this Bond in guaranteed by a member firm every particular, without any of the New York Stock alteration, enlargement or Exchange or a commercial change whatsoever. bank or trust company. FORM OF STATMENT OF INSURANCE The Municipal Bond Investors Assurance Corporation (the "Insurer") has issued a policy containing the following provisions, such policy being on file at First Interstate Bank of Texas, N.A., Houston, Texas. The Insurer, in consideration of the payment of the premium and subject to the terms of this policy, hereby unconditionally and irrevocably guarantees to any owner, as hereinafter defined, of the following described obligations, the full and complete payment required to be made by or on behalf of the Issuer to First Interstate Bank of Texas, N.A., Houston, Texas, or its successor (the "Paying Agent") of an amount equal to (i) the principal of (either at the stated maturity of by any advancement of maturity pursuant to a mandatory sinking fund payment) and interest on, the Obligations (as that term is defined below) as such payment shall become due but shall not be so paid (except that in the event of any acceleration of the due date of such principal by reason of mandatory or optional redemption or acceleration resulting from default or otherwise, other than any advancement of maturity pursuant to mandatory sinking fund payment, the payments guaranteed hereby shall be made in such amounts and at such times as such payments of principal would have been due had there not been any such acceleration); and (ii) the reimbursement of any such payment which is subsequently recovered from any owner pursuant to a final judgment by a court of competent jurisdiction that such payment constitutes an avoidable preference to such owner within the meaning of any applicable bankruptcy law. The amounts referred to in clauses (i) and (ii) of the preceding sentence shall be referred to herein collectively as the "Insured Amounts." "Obligations" shall mean: $1,860,000 City of Huntsville, Texas, Waterworks and Sanitary Sewer System Revenue Refunding Bonds, Series 1992. Upon receipt of telephonic or telegraphic notice, such notice subsequently confirmed in writing by registered or certified mail, or upon receipt of written notice by registered or certified mail, -14- by the Insurer from the Paying Agent or any owner of any Obligation the payment of an Insured Amount for which is then due, that such required payment has not been made, the Insurer on the due date of such payment or within one business day after receipt of notice of such nonpayment, whichever is later, will make a deposit of funds, in an account with Citibank, N.A., in New York, New York, or its successor, sufficient for the payment of any such Insured Amounts which are then due. Upon presentment and surrender of such Obligations or presentment of such other proof of ownership of the Obligations, together with any appropriate instruments of assignment to evidence the assignment of the Insured Amounts due on the obligations as are paid by the Insurer, and appropriate instruments to effect the appointment of the Insurer as agent for such owners of the Obligations in any legal proceeding relating to payment of Insured Amounts on the Obligations, such instruments being in a form satisfactory to Citibank, N.A., Citibank, N.A. shall disburse to such owners or the Paying Agent payment of the Insured Amounts due on such Obligations, less any amount held by the Paying Agent for the payment of such Insured Amounts and legally available therefor. This policy does not insure against loss of any prepayment premium which may at any time be payable with respect to any Obligation. As used herein, the term "owner" shall mean the registered owner of any Obligation as indicated in the books maintained by the Paying Agent, the Issuer, or any designee of the Issuer for such purpose. The term owner shall not include the Issuer or any party whose agreement with the Issuer constitutes the underlying security for the Obligations. Any service of process on the Insurer may be made to the Insurer at its offices located at 113 King Street, Armonk, New York 10504. This policy is non-cancellable for any reason. The premium on this policy is not refundable for any reason including the payment prior to maturity of the Obligations. DISCLOSURE OF GUARANTY FUND NONPARTICIPATION: In the event the Insurer is unable to fulfill its contractual obligation under this policy or contract or application or certificate or evidence of coverage, the policyholder or certificateholder is not protected by an insurance guaranty fund or other solvency protection arrangement. MUNICIPAL BOND INVESTORS ASSURANCE CORPORATION Section 4.2: Legal Opinion and Cusip Numbers, Bond Insurance. The approving opinion of Vinson & Elkins L.L.P., Houston, Texas, and CUSIP Numbers may be printed on the Bonds, but errors or -15- omissions in the printing of such opinion or such numbers shall have no effect on the validity of the Bonds. The purchase of and payment of the premium for municipal bond insurance by the City, in accordance with the terms of a commitment for such insurance presented to and hereby approved by the City Council is hereby authorized. All officials and representatives of the City are authorized and directed to execute such documents and to do any and all things necessary or desirable to obtain such insurance, and the printing on the Bonds of an appropriate legend regarding such insurance is hereby approved. ARTICLE V SECURITY AND SOURCE OF PAYMENT FOR ALL PARITY BONDS Section 5.1: Pledge and Source of Payment. All of the Net Revenues of the waterworks and sanitary sewer system with the exception of those in excess of the amounts required to establish and maintain the funds as hereafter provided are hereby irrevocably pledged for the payment of the Bonds, the Outstanding Bonds, and the Additional Bonds if issued under the conditions and in the manner specified in this Ordinance, and the interest thereon, and it is hereby ordained that the Bonds, the Outstanding Bonds, and Additional Bonds if so issued, and the interest thereon shall constitute a first lien upon the Net Revenues. Section 5.2: Rates. The City covenants and agrees with the original purchasers of the Bonds and the Additional Bonds if and when issued: (a) That it will at all times charge and collect for services rendered by the System rates sufficient to pay all operating, maintenance, depreciation, replacement and betterment expense and other costs deductible in determining "Net Revenues" as herein defined, and to produce Net Revenues equal to at least one and one- half times the average annual requirement for the payment of principal of and interest on the Bonds, the Outstanding Bonds, and the Additional Bonds if issued. (b) If the Additional Bonds are issued, or if the System should become legally liable for any other indebtedness, the City will fix and maintain rates and collect charges for the services of the System sufficient to discharge such indebtedness. Section 5.3: Special Funds. All revenue derived from the operation of the System shall be kept separate from other funds of the City. To that end, the creation of the following special Funds is hereby confirmed. -16- (a) City of Huntsville Waterworks and Sewer System Revenue Fund, hereinafter called "Revenue Fund." (b) City of Huntsville Waterworks and Sewer System Revenue Bonds Interest and Sinking Fund, hereinafter called "Interest and Sinking Fund." (c) City of Huntsville Waterworks and Sewer System Revenue Bonds Reserve Fund, hereinafter called "Reserve Fund." Section 5.4: Revenue Fund. All revenues of every nature received through the operation of the System shall be deposited from day to day as collected, into the Revenue Fund, and the reasonable and proper expenses of operating and maintaining the System, including salaries, labor and materials shall be paid therefrom upon approval of the City Council. The City Treasurer shall not make any disbursement from said Fund for repairs in excess of $1,000.00 or for extensions, except pursuant to a resolution adopted by the City Council declaring that it is the judgment of the City Council that such repairs or extensions are necessary to keep the plant or system in operation and render adequate service to the City and the inhabitants thereof, or that such repairs or extensions are necessary to meet some physical accident or condition which would otherwise impair the Bonds, and such resolution, in either case, shall recite the facts and reasons for such judgment. Certified copies of such resolution shall be furnished without cost to Owners requesting the same. Such resolution shall be binding or conclusive upon any Owner. All revenues of the System not actually required to pay expenses and costs incurred as permitted by this Section shall be deposited in the other Funds set forth in this Ordinance, each of which shall have priority thereto in the order in which they are treated in the following sections. Section 5.5: Additional Payments into the Interest and Sinking Fund. After the payment of all maintenance and operation expenses of the System, as provided in Section 5.4, and in addition to and at the same time as the payments into the Interest and Sinking Fund required by the ordinances authorizing the Outstanding Bonds, on or before the 1st day of each month, from moneys in the Revenue Fund, the City shall make the following deposits into the Interest and Sinking Fund: Beginning in May, 1992, to pay the interest maturing on October 1, 1992, and the principal maturing on October 1, 1992, there shall be deposited in substantially equal monthly installments an amount sufficient to pay, in -17- addition to other amounts therein and available for such purposes, such principal and interest as it matures. Beginning in October, 1992, with respect to interest payments, and in October, 1992, with respect to principal payments, and continuing until all of the Bonds have been paid, there shall be deposited an amount which, in addition to other amounts therein and available for such purpose, is not less than one-sixth (1/6) of the next maturing interest on the Bonds and one-twelfth (1/12) of the next maturing principal of the Bonds. If in any month the City shall, for any reason, fail to pay into said Interest and Sinking Fund the full amounts above stipulated, the amounts equivalent to such deficiencies shall be set apart and paid into said Interest and Sinking Fund from the first available and unallocated revenues of the following month or months and such payments shall be in addition to the amounts hereinabove provided to be otherwise paid into said Interest and Sinking Fund each month. Money in the Interest and Sinking Fund shall be used only to pay the principal of and interest on the Bonds, the Outstanding Bonds and any Additional Bonds. Section 5.6: Additional Payments into Reserve Fund. If the balance required to be in the Reserve Fund by the ordinances authorizing the outstanding Bonds is ever reduced to an amount less than required by such ordinances, monthly payments as provided in such ordinances shall be resumed and continued until said balance is again reached and maintained. If in any month the City shall, for any reason, fail to pay into said Reserve Fund the full amount above stipulated, amounts equivalent to such deficiencies shall be set apart and paid into said Reserve Fund from the first available and unallocated revenues of the following month or months and shall be in addition to the amount otherwise paid into said Reserve Fund each month. Money in the Reserve Fund shall be used to pay the principal of and interest on the Bonds, Outstanding Bonds, and any Additional Bonds at any time that the balance in the Interest and Sinking Fund is insufficient for such purposes. Section 5.7: Deficiencies in Funds. If in any fiscal year the City shall, for any reason, fail to pay into the Interest and Sinking Fund or Reserve Fund the full amounts above stipulated, amounts equivalent to such deficiencies shall be set apart and paid into said Funds from the first available and unallocated revenues of the following fiscal year or years, and such payment shall be in addition to the amounts hereinabove provided to be otherwise paid into said Funds during such fiscal year or years. -18- Section 5.8: Excess Revenues. Any revenues in excess of those required to establish and maintain the Funds as above required may be used for the redemption of Bonds, Outstanding Bonds, or Additional Bonds, or for any lawful purpose. Section 5.10: Security of Funds. All funds described in this Ordinance shall be secured in the manner and to the fullest extent permitted by the laws of Texas for the security of public funds, and such funds shall be used only for the purposes permitted in this Ordinance. ARTICLE VI ADDITIONAL BONDS In addition to inferior lien bonds, the City reserves the right to issue Additional Bonds, in one or more series, and said Additional Bonds, when issued, may be secured by and payable from a first lien on and pledge of the Net Revenues of the System in the same manner and to the same extent as are the Outstanding Bonds and the Bonds, and such Additional Bonds may in all respect be of equal dignity with the Outstanding Bonds and the Bonds. No Additional Bonds may be issued unless: (a) Each of the Funds set forth above contains the amount of money then required to be on deposit therein, (b) The Net Revenues of the System for either of the following periods: the 12-month period ending on the last day of the month preceding the month in which the bond ordinance is adopted authorizing such Additional Bonds, or the then last preceding fiscal year (being the last completed fiscal year preceding the month in which the bond ordinance is adopted authorizing such Additional Bonds), were equal to at least 1-1/2 times the average annual principal and interest requirements on all bonds payable from the revenues of the System which will be outstanding after the Additional Bonds then proposed to be issued are issued, sold and delivered. (c) An independent professional engineer registered under the laws of the State of Texas makes a projection of the income of the System during the life of all bonds payable from the revenues of -19- the System then outstanding and the Additional Bonds proposed to be issued and such projection shows that, in the engineer's opinion, the average annual Net Revenues of the System will equal at least 1-1/2 times the average annual principal and interest requirements of all bonds payable from the revenues of the System which will be outstanding after the Additional bonds then proposed to be issued are issued, sold and delivered. The term "Net Revenues" as used in this Section shall mean all of the net revenues of the System (excluding income received specifically for capital items) after deduction of the reasonable expenses of operation and maintenance of the System (excluding expenditures for capital items). ARTICLE VII COVENANTS AND PROVISIONS RELATING TO THE SYSTEM Section 7.1: Maintenance and Operation - Insurance. The City will maintain the System in good condition and operate the same in an efficient manner and at a reasonable cost. So long as any of the Bonds are outstanding, the City agrees to maintain insurance, for the benefit of the Owners of the Bonds, on the System of a kind and in an amount which usually would be carried by private companies engaged in a similar type of business. Nothing in this Ordinance shall be construed as requiring the City to expend any funds which are derived from sources other than the operation of the System, but nothing herein shall be construed as preventing the City from doing so. Section 7.2: Accounts and Fiscal Year. The City shall keep proper books of records and accounts (separate from all other records and accounts of the City) in which complete and correct entries shall be made of all transactions relating to the System. The City will operate the System and will keep its books of records and accounts on the basis of a fiscal year ending September 30, unless otherwise ordained by the City Council. Section 7.3: Accounting Reports. Within ninety days after the close of each fiscal year hereafter, the City will furnish (without cost) to any Owner who may so request, a signed or certified copy of a report by an independent accountant covering the next preceding fiscal year showing the following information relating to the System: (a) Income and Expense Statement; (b) Balance Sheet; -20- (c) Accountant's comment regarding the manner in which the City has complied with the requirements of this Ordinance, and his recommendation for any changes or improvements in the operation of the System; (d) List of insurance policies in force at the end of the fiscal year, showing as to each policy, the risk covered, the name of the insurer, and the expiration date; (e) The number of properties connected with the System and the total income from the System for the year; (f) The number of unmetered customers of the System at the end of the year. Section 7.4: Inspection. Any Owner of Bonds or Additional Bonds have the right at all reasonable times to inspect the System and all records, accounts and data of the City relating thereto. Section 7.5: Special Covenants. The City hereby further covenants as follows: (a) That it has the lawful power to pledge the revenues supporting the Bonds and has lawfully exercised that power under the Constitution and laws of the State of Texas; that the Bonds, the Outstanding Bonds, and the Additional Bonds, when issued, shall be ratably secured in such manner that no bond shall have preference over any other bond. (b) That no free service of the System shall be allowed, and should the City or any of its agencies or instrumentalities make use of the services and facilities of the System, payment of the reasonable value thereof shall be made by the City out of funds from sources other than the revenues and income of the System. Section 7.6: Bonds are Special Obligations. The Bonds are special obligations of the City payable from the pledged revenues, and the Owners thereof shall never have the right to demand payment out of any funds raised or to be raised by taxation. Section 7.7: System and Revenues not Encumbered. The City covenants that neither the properties comprising the System nor the revenues of the System are in any way pledged or hypothecated except as the Net Revenues of the System are pledged to the payment of the Outstanding Bonds and the Bonds. -21- ARTICLE VIII PROVISIONS CONCERNING SALE AND APPLICATION OF PROCEEDS OF BONDS Section 8.1: Sale; Bond Purchase Agreement. The Bonds are hereby sold and shall be delivered to the Underwriter at a price of $1,826,158.55 plus accrued interest to the date of delivery, in accordance with the terms of a bond purchase agreement of even date herewith, presented to and hereby approved by the City Council, which price and terms are hereby found and determined to be the most advantageous reasonably obtainable by the City. The Mayor and other appropriate officials of the City are hereby authorized and directed to execute such bond purchase agreement on behalf of the City, and the Mayor and all other officers, agents and representatives of the City are hereby authorized to do any and all things necessary or desirable to satisfy the conditions set out therein and to provide for the issuance and delivery of the Bonds. Section 8.2: Tax Exemption. (a) General Tax Covenant. The City intends that the interest on the Bonds shall be excludable from gross income for purposes of federal income taxation pursuant to sections 103 and 141 through 150 of the Code, and applicable regulations. The City covenants and agrees not to take anyaction, or knowingly omit to take any action within its control, that if taken or omitted, respectively, would cause the interest on the Bonds to be includable in gross income, as defined in section 61 of the Code, of the Owners thereof for purposes of federal income taxation. In particular, the City covenants and agrees to comply with each requirement of this Section 8.2; provided, however, that the City shall not be required to comply with any particular requirement of this Section 8.2 if the City has received an opinion of nationally recognized bond counsel ("Counsel's Opinion") that such noncompliance will not adversely affectthe exclusion from gross income for federal income tax purposes of interest on the Bonds or if the City has received a Counsel's opinion to the effect that compliance with some other requirement set forth in this Section 8.2 will satisfy the applicable requirements of the Code, in which case compliance with such other requirement specified in such Counsel's Opinion shall constitute compliance with the corresponding requirement specified in this section 8.2. (b) Use of Proceeds. The City covenants and agrees that its use of the Net Proceeds of the Bonds and the Refunded Bonds will at all times satisfy the following requirements: (i) The City will use all of the Net Proceeds of the Bonds to (A) acquire Escrowed securities (as hereinafter defined) sufficient to pay the principal of and interest on the Refunded -22- Bonds, and (B) to pay the costs of issuing the Bonds, except for amounts, if any, described in the Report as the rounding amount and the ending cash balance in the Escrow Fund (as hereinafter defined). The City has limited and will limit the amount of original or investment proceeds of the Refunded Bonds to be used (other than use as a member of the general public) in the trade or business of any person other than a governmental unit to an amount aggregating no more than ten percent of the Net Proceeds of the Refunded Bonds ("private-use proceeds"). For purposes of this Section, the term "person" includes any individual, corporation, partnership, unincorporated association, or any other entity capable of carrying on a trade or business; and the term "trade or business" means, with respect to any natural person, any activity regularly carried on for profit and, with respect to persons other than natural persons, any activity other than an activity carried on by a governmental unit. Any use of proceeds of the Refunded Bonds or the Bonds in any manner contrary to the guidelines set forth in Revenue Procedures 82-14, 1982-1 C.B. 459, and 82-15, 1982-1 C.B. 460, including any revisions or amendments thereto, shall constitute the use of such proceeds in the trade or business of one who is not a governmental unit; The City has not permitted and will not permit more than five percent of the Net Proceeds of the Refunded Bonds to be used in the trade or business of any person other than a governmental unit if such use is unrelated to the governmental purpose of such Refunded Bonds. Further, the amount of private-use proceeds of the Refunded Bonds in excess of five percent of the Net Proceeds of such Refunded Bonds ("excess private-use proceeds") did not and will not exceed the proceeds of such Refunded Bonds expended for the governmental purpose of such Refunded Bonds to which such excess private-use proceeds relate; The City has not permitted and will not permit an amount of proceeds of the Refunded Bonds exceeding the lesser of (a) $5,000,000 or (b) five percent of the Net Proceeds of such -23- Refunded Bonds to be used, directly or indirectly, to finance loans to persons other than governmental units. When used in this Section 8.2, the term Net Proceeds of the Bonds and the Refunded Bonds shall mean the proceeds from the sale of each issue of the Bonds and the Refunded Bonds, respectively, including investment earnings on the proceeds of such issue, less accrued interest with respect to such issue. (c) No Federal Guaranty. The City covenants and agrees not to take any action, or knowingly omit to take any action within its control, that, if taken or omitted, respectively, would cause the Bonds to be "federally guaranteed" within the meaning of section 149(b) of the Code and applicable regulations thereunder, except as permitted by section 149(b)(3) of the Code and such regulations. (d) Bonds are not Hedge Bonds. The City represents that not more than 50 percent of the proceeds of the Refunded Bonds was invested in nonpurpose investments (as defined in section 148(f) (6)(A) of the Code) having a substantially guaranteed yield for four years or more within the meaning of section 149(g)(3) (A) (ii) of the Code, and the City reasonably expected that at the time the Refunded Bonds were issued that at least 85 percent of the spendable proceeds of such issue would be used to carry out the governmental purposes of such issue within the three-year period beginning on the date of issue of such bonds. (e) No-Arbitrage Covenant. The City shall certify, through an authorized officer, employee or agent, that based upon all facts and estimates known or reasonably expected to be in existence on the date the Bonds are delivered, the City will reasonably expect that the proceeds of the Bonds will not be used in a manner that would cause the Bonds to be "arbitrage bonds" within the meaning of section 148(a) of the Code and applicable regulations thereunder. Moreover, the City covenants and agrees that it will make such use of the proceeds of the Bonds including interest or other investment income derived from Bond proceeds, regulate investments of proceeds of the Bonds, and take such other and further action as may be required so that the Bonds will not be "arbitrage bonds" within the meaning of section 148(a) of the Code and applicable regulations thereunder. (f) Arbitrage Rebate. The City expects to qualify for an exception to the requirements of the Code relating to rebate to the United States, because the City will use at least 95% of the Net Proceeds of the Bonds for local governmental activities of the City and expects that the total of all tax-exempt obligations (excluding "private activity" bonds) issued by or attributable to the City during calendar year 1992 will not exceed $5,000,000. If -24- the City does not qualify for such exception, the City will take all necessary steps to comply with the requirement that certain amounts earned by the City on the investment of the "gross proceeds" of the Bonds (within the meaning of section 148(f) (6) (B) of the Code), be rebated to the federal government. Specifically, the City will (i) maintain records regarding the investment of the gross proceeds of the Bonds as may be required to calculate the amount earned on the investment of the gross proceeds of the Bonds separately from records of amounts on deposit in the funds and accounts of the City allocable to other obligations of the City or moneys which do not represent gross proceeds of any obligations of the City, (ii) calculate at such times as are required by applicable regulations, the amount earned from the investment of the gross proceeds of the Bonds which is required to be rebated to the federal government, and (iii) pay, not less often than every fifth anniversary date of the delivery of the Bonds and within sixty days following retirement of the Bonds, all amounts required to be rebated to the federal government. Further, the City will not indirectly pay any amount otherwise payable to the federal government pursuant to the foregoing requirements to any person other than the federal government by entering into any investment arrangement with respect to the gross proceeds of the Bonds that might result in a reduction in the amount required to be paid to the federal government because such arrangement results in a smaller profit or larger loss than would have resulted if the arrangement had been at arm's length and had the yield on the issue not been relevant to either party. (g) Information Reporting. The City covenants and agrees to file or cause to be filed with the Secretary of the Treasury, not later than the 15th day of the second calendar month after the close of the calendar quarter in which the Bonds are issued, an information statement concerning the Bonds, all under and in accordance with section 149(e) of the Code and applicable regulations thereunder. Section 8.4: Qualified Tax-Exempt Obligations. The City hereby designates the Bonds as "qualified tax-exempt obligations" for purposes of section 265(b) of the Code. In connection therewith, the City represents (a) that the aggregate amount of tax-exempt obligations issued by the City during calendar year 1992, including the Bonds, which have been designated as "qualified tax-exempt obligations" under section 265(b) (3) of the Code does not exceed $10,000,000, and (b) that the reasonably anticipated amount of tax-exempt obligations which will be issued by the City during calendar year 1992, including the Bonds, will not exceed $10,000,000. For purposes of this Section 8.3, the term "tax-exempt obligation" does not include "private activity bonds" within the meaning of section 141 of the Code, other than "qualified 501(c) (3) bonds" within the meaning of section 145 of -25- the Code. In addition, for purposes of this Section 8.3, the City includes all governmental units which are aggregated with the City under the Code. Section 8.4: Use of Proceeds. Proceeds from the sale of the Bonds shall, promptly upon receipt by the City, be applied as follows: (a) Accrued interest shall be deposited into the Interest and Sinking Fund and invested only in direct obligations of the United States of America. (b) The balance of the proceeds from the sale of the Bonds shall be applied to establish an escrow fund to refund the Refunded Bonds, as more fully provided below, and, to the extent not otherwise provided for, to pay all expenses arising in connection with the issuance of the Bonds, the establishment of such escrow fund and the refunding of the Refunded Bonds. Any proceeds of the Bonds remaining after making all such deposits and payments shall be deposited into the Interest and Sinking Fund. ARTICLE IX ADVANCE REFUNDING AND REDEMPTION Section 9.1: Escrow Agreement. The discharge and defeasance of the Refunded Bonds shall be effectuated pursuant to the terms and provisions of an Escrow Agreement to be entered into by and between the City and the Escrow Agent, which shall be substantially in the form attached hereto as Exhibit A, the terms and provisions of which are hereby approved, subject to such insertions, additions and modifications as shall be necessary (a) to carry out the program designed for the City by the Underwriter, which shall be certified as to mathematical accuracy by KPMG Peat Marwick, Certified Public Accountants, whose Report shall be attached to the Escrow Agreement (b) to maximize the City's present value savings and/or to minimize the City's costs of refunding, (c) to comply with all applicable laws and regulations relating to the refunding of the Refunded Bonds and (d) to carry out the other intents and purposes of this Ordinance, and the Mayor or Mayor Pro Tem is hereby authorized to execute and deliver such Escrow Agreement on behalf of the City in multiple counterparts and the City Secretary or an Assistant City Secretary is hereby authorized to attest thereto and affix the City's seal. Section 9.2: Redemption of Refunded Bonds. The City hereby irrevocably calls the following bonds of the City for redemption prior to maturity on the date set forth below, at a price of par -26- plus accrued interest to the date fixed for redemption, and authorizes and directs notice of such redemption to be given in accordance with the ordinance authorizing the issuance of such bonds: Bonds to be Redeemed Redemption Date Waterworks and Sanitary Sewer System Revenue Bonds, Series 1983 Maturities 1994 through 2002 October 1, 1993 Section 9.3: Purchase of United States Treasury Obligations. To assure the purchase of the Escrowed Securities referred to in the Escrow Agreement, the Mayor or Mayor Pro Tem, the City Manager, and the Escrow Agent are hereby authorized to subscribe for, agree to purchase, and purchase non-callable obligations of the United States of America, in such amounts and maturities and bearing interest at such rates as may be provided for in the Report, and to execute any and all subscriptions, purchase agreements, commitments, letters of authorization and other documents necessary to effectuate the foregoing, and any actions heretofore taken for such purpose are hereby ratified and approved. Section 9.4: Related Matters. To satisfy in a timely manner all of the City's obligations under this Ordinance, the bond purchase agreement, and the Escrow Agreement, the Mayor or Mayor Pro Tem, the City Manager, the City Secretary or an Assistant City Secretary, and all other appropriate officers and agents of the City are hereby authorized and directed to take all other actions that are reasonably necessary to provide for the refunding of the Refunded Bonds, including, without limitation, executing and delivering on behalf of the City all certificates, consents, receipts, requests, and other documents as may be reasonably necessary to satisfy the City's obligations under the Escrow Agreement, the bond purchase agreement, and this Ordinance and to direct the application of funds of the City consistent with the provisions of such Escrow Agreement and this Ordinance. -27- ARTICLE X BOND INSURANCE section 10.1: Payments under the Policy. A. In the event that, on the second Business Day, and again on the Business Day, prior to the payment date on the Bonds, the Registrar has not received sufficient moneys to pay all principal of and interest on the Bonds due on the second following or following, as the case may be, Business Day, the Registrar shall immediately notify the Insurer or its designee on the same Business Day by telephone or telegraph, confirmed in writing by registered or certified mail, of the amount of the deficiency. B. If the deficiency is made up in whole or in part prior to or on the payment date, the Registrar shall so notify the Insurer or its designee. C. In addition, if the Registrar has notice that any Owner has been required to disgorge payments of principal or interest on the Bonds to a trustee in Bankruptcy or creditors or others pursuant to a final judgment by a court of competent jurisdiction that such payment constitutes a voidable preference to such Owner within the meaning of any applicable bankruptcy laws, then the Registrar shall notify the Insurer or its designee of such fact by telephone or telegraphic notice, confirmed in writing by registered or certified mail. D. The Registrar is hereby irrevocably designated, appointed, directed and authorized to act as attorney-in-fact for Owners of the Bonds as follows: 1. If and to the extent there is a deficiency in amounts required to pay interest on the Bonds, the Registrar shall (a) execute and deliver to Citibank, N.A., or its successors under the Policy (the "Insurance Paying Agent"), in form satisfactory to the Insurance Paying Agent, an instrument appointing the Insurer as agent for such Owners in any legal proceeding related to the payment of such interest and an assignment to the Insurer of the claims for interest to which such deficiency relates and which are paid by the Insurer, (b) receive as designee of the respective owners (and not as Paying Agent) in accordance with the tenor of the Policy payment from the Insurance Paying Agent with respect to the claims for interest so assigned, and (c) disburse the same to such respective Owners; and -28- 2. If and to the extent of a deficiency e l amounts required to pay principal rincipal of the Bonds, tRegistrar shall (a) execute and deliver to the Insurance Paying Agent in form satisfactory to the Insurance Paying Agent an instrument appointing the Insurer as agento r such Owner in any legal proceeding relating to the payment of such principal and an assignment to the Insurer of A a ny of the Bonds surrendered to the Insurance Paying Agent of so much of the principal amount thereof as has not previously been paid or for which moneys are not held by the Registrar and available for such payment (but such assignment shall be delivered only if payment from the nd Insurance Paying Agent is received), (b) receive as designee of the respective Owners (anot as Paying Agent) in accordance with the tenor of the Policy payment therefor from the Insurance Paying Agent, and (c) disburse the same to such Owners. E. Payments with respect to claims for interest on and principal of Bonds disbursed by the Registrar from proceeds of the Policy shall not be considered to discharge the obligation of the City with respect to such Bonds, and the Insurer shall become the ccordance owner of such unpaid Bond and claims for the interest in provisions with the tenor of the assignment made to it under the p of this subsection or otherwise. nt is F. Irrespective 1citof whether the Registrarherebyagree executed ruthe and delivered, Y and benefit of the Insurer that, 1. They recognize that to the extent Insurer makes payments, directly or indirectly (as by paying through the Registrar), on account of principal of or interest on the Bonds, the Insurer will be subrogated to the rights of such Owners to receive the with tiof such principal and interest from the City, rest thereon as provided and solely from the sources stated in this Ordinance and the Bonds; and 2. They will accordingly pay to the Insurer the amount of such principal and interest (including principal and interest recovered under subparagraph (ii) of the first paragraph of the Policy, which principal and interest shall be deemed past due and not to have been paid), with interest thereon asfrom theesouin tand his Ordinance and the Bonds, but only ent of in the manner provided herein for the payor Bonds to owners, and principal of and interest on the B will otherwise treat the Insurer as the owner of such rights to the amount of such principal and interest. -29- G. In connection with the issuance of additional Bonds, the City shall deliver to the Insurer a copy of the disclosure document, if any, circulated with respect to such additional Bonds. H. Copies of any amendments made to the documents executed in connection with the issuance of the Bonds which are consented to by the Insurer shall be sent to Standard & Poor's Corporation. I. The Insurer shall receive notice of the resignation or removal of the Registrar and the appointment of a successor thereto. J. The Insurer shall receive copies of all notices required to be delivered to Owners, and, on an annual basis, copies of the City's audited financial statements and Annual Budget. Section 10.2: Notices: Any notice that is required to be given to an Owner of the Bonds or to the Registrar pursuant to the Ordinance shall also be provided to the Insurer. All notices required to be given to the Insurer under the Ordinance shall be in writing and shall be sent by registered or certified mail addressed to Municipal Bond Investors Assurance Corporation, 113 King Street, Armonk, New York 10504 Attention: Surveillance. ARTICLE XI MISCELLANEOUS Section 11.1: Official Statement. The City Council ratifies and confirms its prior approval of the form and content of the Preliminary Official Statement prepared in the initial offering and sale of the Bonds and hereby authorizes the preparation of a final Official Statement reflecting the terms of the bond purchase agreement with the Underwriter and other relevant matters. The use of such Official Statement in the reoffering of the Bonds by the Underwriter is hereby approved and authorized. The proper officials of the City are hereby authorized to execute and deliver a certificate pertaining to such Official Statement as prescribed therein, dated as of the date of payment for and delivery of the Bonds. Section 11.2: Paving Agent/Registrar Agreement. The form of agreement setting forth the duties of the Registrar is hereby approved, and the appropriate officials of the City are hereby authorized to execute such agreement for and on behalf of the City. Section 11.3: Further Proceedings. The Mayor, the City Secretary, and other appropriate officials of the City are hereby -30- authorized and directed to do any and all things necessary and/or convenient to carry out the terms of this Ordinance. Section 11.4: Severability. If any Section, paragraph, clause or provision of this Ordinance shall for any reason be held to be invalid or unenforceable, the invalidity or unenforceability of such Section, paragraph, clause or provision shall not affect any of the remaining provisions of this Ordinance. Section 11.5: Open Meeting. It is hereby officially found and determined that the meeting at which this Ordinance was adopted was open to the public, and that public notice of the time, place and purpose of said meeting was given, all as required by Article 6252-17, Vernon's Texas Civil Statutes, as amended. Section 11.6: No Personal Liability. No recourse shall be had for payment of the principal of or interest on any Bonds or for any claim based thereon, or on this Ordinance, against any official or employee of the City or any person executing any Bonds. Section 11.7: Parties Interested. Nothing in this Ordinance expressed or implied is intended or shall be construed to confer upon, or to give to, any person or entity, other than the City, the Registrar, the Insurer., and the Owners of the Bonds, any right, remedy or claim under or by reason of this Ordinance or any covenant, condition or stipulation hereof, and all covenants, stipulations, promises and agreements in this Ordinance shall be for the sole and exclusive benefit of the City, the Registrar, the Insurer, and the Owners of the Bonds. Section 11.8: Repealer. All orders, resolutions and ordinances, or parts thereof, inconsistent herewith are hereby repealed to the extent of such inconsistency. Section 11.9: Effective Date. This Ordinance shall become effective immediately upon passage by this City Council and signature of the Mayor. -31- PASSED AND APPROVED this 28th day of April, 1992. Mayor CITY OF HUNTSVILLE, S ATTEST: City Secretary CITY OF HUNTSVITEXAS (SEAL) APPROVED AS TO LEGALITY: �w l Dv� City Attorney CITY OF HUNTSVILLE, TEXAS -32- EXHIBIT "A" ESCROW AGREEMENT THIS ESCROW AGREEMENT (the "Escrow Agreement") dated for convenience April 28, 1992, but effective on the Escrow Funding Date described herein, is made and entered into by and between the City of Huntsville, Texas, an incorporated city of the State of Texas (the "City"), and First Interstate Bank of Texas, N.A., Houston, Texas (the "Escrow Agent"). WHEREAS, the City has heretofore issued and there remain outstanding the City's Waterworks and Sanitary Sewer System Revenue Bonds, Series 1983, dated April 1, 1983 (the "Outstanding Bonds"); and WHEREAS, the City desires to refund in advance of maturity a portion of such Outstanding Bonds in the aggregate principal amount of $1,650,000 (the "Refunded Bonds"); and WHEREAS, Article 717k, Vernon's Texas Civil Statutes, as amended, authorizes and empowers the City to deposit the proceeds of refunding bonds, together with other available funds or resources, with any place of payment for the Refunded Bonds in an amount which is sufficient to provide for the payment or redemption of the principal of and interest on the Refunded Bonds; and WHEREAS, the City Council of the City has adopted an ordinance authorizing the issuance of the City's Waterworks and Sanitary Sewer System Revenue Refunding Bonds, Series 1992, in the aggregate principal amount of $1,860,000 (the "Refunding Bonds"), for the purpose of providing the funds necessary to refund the Refunded Bonds, to provide a savings in debt service; and WHEREAS, the City Council of the City has further determined to effectuate the advance refunding of the Refunded Bonds pursuant to this Escrow Agreement, under which provision is made for the safekeeping, investment, reinvestment, administration and disposition of the proceeds of the Refunding Bonds, so as to provide firm banking and financial arrangements for the discharge and final payment or redemption of the Refunded Bonds; NOW, THEREFORE, in consideration of the mutual undertakings, promises and agreements herein contained, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, and to secure the full and timely payment of the principal of and the interest on the Refunded Bonds, the City and the Escrow Agent agree as follows: ARTICLE I DEFINITIONS AND INTERPRETATIONS Section 1.01. Definitions. Unless otherwise expressly provided or unless the context clearly requires otherwise, the following terms shall have the respective meanings specified below for all purposes of this Escrow Agreement: "City" shall mean the City of Huntsville, Texas, and any successor to its duties and functions. "Code" shall mean the Internal Revenue Code of 1986, as amended, and the applicable regulations thereunder and under the Internal Revenue Code of 1954. "Escrow Agent" shall mean First Interstate Bank of Texas, N.A., Houston, Texas, in its capacity as escrow agent hereunder, and any successor or assign in such capacity. "Escrow Agreement" shall mean this escrow agreement by and between the City and the Escrow Agent. "Escrow Fund" shall mean the fund created in Section 3.01 of this Escrow Agreement to be administered by the Escrow Agent pursuant to the provisions of this Escrow Agreement. "Escrow Funding Date" shall mean the date on which the City deposits with the Escrow Agent the cash and Escrowed Securities described in Section 2.01. "Escrowed Securities" shall mean United States Treasury Securities, State and Local Government Series, initially purchased with proceeds of the Refunding Bonds all as more fully described in the Report. "Paying Agents for the Refunded Bonds" shall mean First National Bank, Huntsville, Texas (formerly The First National Bank of Huntsville, Huntsville, Texas) and First Interstate Bank of Texas, N.A., Houston, Texas (formerly Allied Bank of Texas, Houston, Texas). "Refunded Bond Ordinance" shall mean the City's ordinance authorizing the issuance, sale and delivery of the Refunded Bonds. "Refunded Bonds" shall mean the City's Waterworks and Sanitary Sewer System Revenue Bonds, Series 1983, dated April 1, 1983, in the aggregate principal amount of $1,650,000, maturing on October 1 in each of the years 1994 through 2002, both inclusive. -2- "Refunding Bonds" shall mean the City's Waterworks and Sanitary Sewer System Revenue Refunding Bonds, Series 1992, dated April 1, 1992, in the initial aggregate principal amount of $1,860,000. "Refunding Bond Ordinance" shall mean the City's Ordinance adopted April 28, 1992, authorizing the issuance, sale and delivery of the Refunding Bonds. "Report" shall mean the verification report prepared by KPMG Peat Marwick relating to the advance refunding of the Refunded Bonds, a copy of which is attached hereto as Exhibit A, and any subsequent report required by Section 5.02. Section 1.02. Interpretations. The titles and headings of the articles and sections of this Escrow Agreement have been inserted for convenience of reference only and are not to be considered a part hereof and shall not in any way modify or restrict the terms hereof. This Escrow Agreement and all of the terms and provisions hereof shall be liberally construed to effectuate the purposes set forth herein and to achieve the intended purpose of providing for the refunding of the Refunded Bonds in accordance with applicable law. ARTICLE II DEPOSIT OF FUNDS AND ESCROWED SECURITIES Section 2.01. Deposits with Escrow Agent; Acquisition of Escrowed Securities. On the Escrow Funding Date the City will deposit, or cause to be deposited, with the Escrow Agent the following: (a) Escrowed Securities in the principal amount of $ s purchased with proceeds of the Refunding Bonds; and (b) A beginning cash balance of $ ARTICLE III CREATION AND OPERATION OF ESCROW FUND Section 3.01. Escrow Fund. On the Escrow Funding Date the Escrow Agent will create on its books a special fund and irrevocable escrow to be known as the City of Huntsville, Texas, Waterworks and Sanitary Sewer System Revenue Refunding Bonds, Series 1992 Escrow Fund, into which will be deposited the cash and the Escrowed Securities described in Section 2.01. The Escrowed Securities, all proceeds therefrom and all cash balances from time -3- to time on deposit in the Escrow Fund shall be the property of the Escrow Fund, and shall be applied only in strict conformity with the terms and conditions hereof. The Escrowed Securities, all proceeds therefrom and all cash balances from time to time on deposit in the Escrow Fund are hereby irrevocably pledged to the payment of the principal of and interest on the Refunded Bonds, which payment shall be made by timely transfers to the Paying Agents for the Refunded Bonds of such amounts at such times as are provided in Section 3.02 hereof. When the final transfers have been made to the Paying Agents for the Refunded Bonds for the payment of such principal of and interest on the Refunded Bonds, any balance then remaining in the Escrow Fund shall be transferred to the City, and the Escrow Agent shall thereupon be discharged from any further duties hereunder. Section 3.02. Payment of Principal of and Interest on Refunded Bonds. (a) The Escrow Agent is hereby irrevocably instructed to transfer to the Paying Agents for the Refunded Bonds from the cash balance from time to time on deposit in the Escrow Fund the amounts required to pay the principal of and interest on the Refunded Bonds as the same become due and payable, all as provided in the Report. (b) Money transferred to and held by the Paying Agents for the Refunded Bonds in accordance with the provisions hereof shall be held by the Paying Agents for the Refunded Bonds as a separate trust fund for the account of the respective Owners of the Refunded Bonds in connection with which such money is held; provided, however, that money so held remaining unclaimed by the Owners of such Refunded Bonds for three (3) years after the dates on which payment thereon was due, shall be reported and disposed of in accordance with the provisions of Texas law including, to the extent applicable, Title 6 of the Texas Property Code, as amended. Section 3.03. Sufficiency of Escrow Fund. The City represents (based solely upon the Report) that the successive receipts of the principal of and interest on the Escrowed Securities will assure that the cash balance on deposit from time to time in the Escrow Fund will be at all times sufficient to provide money for transfer to the Paying Agents for the Refunded Bonds at the times and in the amounts required to pay the interest on the Refunded Bonds as such interest comes due and to pay the principal of the Refunded Bonds as the Refunded Bonds mature or are redeemed. If any deficiency results from any error in the calculations set forth in the Report, the City shall transfer to the Escrow Agent for deposit to the Escrow Fund an additional amount of cash or securities sufficient to provide for such deficiency. -4- Section 3.04. Escrow Fund. The Escrow Agent at all times shall hold the Escrow Fund, the Escrowed Securities and all other assets of the Escrow Fund wholly segregated from all other funds and securities on deposit with the Escrow Agent; it shall never allow the Escrowed Securities or any other assets of the Escrow Fund to be commingled with any other funds or securities of the Escrow Agent; and it shall hold and dispose of the assets of the Escrow Fund only as set forth herein. The Escrowed Securities and other assets of the Escrow Fund always shall be maintained by the Escrow Agent for the benefit of the Owners of the Refunded Bonds; and a special account therefor evidencing such fact shall be maintained at all times on the books of the Escrow Agent. The Owners of the Refunded Bonds shall be entitled to the same preferred claim and first lien upon the Escrowed Securities, the proceeds thereof and all other assets of the Escrow Fund as are enjoyed by other beneficiaries of similar accounts. The amounts received by the Escrow Agent under this Escrow Agreement shall not be considered as a banking deposit by the City, and the Escrow Agent shall have no right or title with respect thereto except as escrow agent under the terms hereof. The amounts received by the Escrow Agent hereunder shall not be subject to warrants, drafts or checks drawn by the City. Section 3.05. Security for Cash Balances. Cash balances from time to time on deposit in the Escrow Fund, to the extent not insured by the Federal Deposit Insurance Corporation or its successor, shall be continuously secured by a pledge of direct obligations of, or obligations unconditionally guaranteed by, the United States of America, having a market value at least equal to such cash balances. ARTICLE IV REDEMPTION OF CERTAIN REFUNDED BONDS PRIOR TO MATURITY Section 4.01. Optional Redemption. The City has irrevocably exercised its option to call the following bonds of the City for redemption prior to maturity on the date set forth below, at a price of par plus accrued interest to the date fixed for redemption, and authorized and directed notice of such redemption to be given in accordance with the ordinance authorizing the issuance of such bonds: Bonds to be Redeemed Redemption Date Waterworks and Sanitary Sewer System Revenue Bonds, Series 1983 Maturities 1994 through 2002 October 1, 1993 -5- ARTICLE V LIMITATION ON INVESTMENTS Section 5.01. General. Except as herein otherwise expressly provided, the Escrow Agent shall not have any power or duty to invest any money held hereunder; or to make substitutions of the Escrowed Securities; or to sell, transfer or otherwise dispose of the Escrowed Securities. Section 5.02. Substitution of Securities. At the written request of the City, and upon compliance with the conditions hereinafter stated, the Escrow Agent shall sell, transfer, otherwise dispose of or request the redemption of all or any portion of the Escrowed Securities and apply the proceeds therefrom to purchase Refunded Bonds or direct obligations of, or obligations the principal of and interest on which are unconditionally guaranteed by, the United States of America and which do not permit the redemption thereof at the option of the obligor. Any such transaction may be effected by the Escrow Agent only if (1) the Escrow Agent shall have received a written opinion from a nationally recognized firm of certified public accountants acceptable to the City and the Escrow Agent that such transaction will not cause the amount of money and securities in the Escrow Fund to be reduced below an amount which will be sufficient, when added to the interest to accrue thereon, to provide for the payment of principal and interest on the remaining Refunded Bonds as they become due, and (2) the Escrow Agent shall have received the unqualified written legal opinion of nationally recognized bond counsel acceptable to the City and the Escrow Agent to the effect that (i) such transaction will not cause any of the Refunding Bonds to be an "arbitrage bond" within the meaning of the Code, and (ii) that such transaction complies with the Constitution and laws of the State of Texas and with all relevant documents relating to the issuance of the Refunded Bonds and the Refunding Bonds. ARTICLE VI RECORDS AND REPORTS Section 6.01. Records. The Escrow Agent shall keep books of record and account in which complete and correct entries shall be made of all transactions relating to the receipts, disbursements, allocations and application of the money and Escrowed Securities deposited to the Escrow Fund and all proceeds thereof, and such books shall be available for inspection at reasonable hours and under reasonable conditions by the City and the Owners of the Refunded Bonds. -6- Section 6.02. Reports. For the period beginning on the Escrow Funding Date and ending on October 1, 1992, and for each twelve (12) month period thereafter while this Agreement remains in effect, the Escrow Agent shall prepare and send to the City, at the City's request, within thirty (30) days following the end of such period a written report summarizing all transactions relating to the Escrow Fund during such period, including, without limitation, credits to the Escrow Fund as a result of interest payments on or maturities of the Escrowed Securities and transfers from the Escrow Fund to the Paying Agents for the Refunded Bonds or otherwise, together with a detailed statement of all Escrowed Securities and the cash balance on deposit in the Escrow Fund as of the end of such period. Section 6.03. Notification. The Escrow Agent shall notify the City immediately if at any time during the term of this agreement it determines that there is insufficient cash and Escrowed Securities in the Escrow Fund to provide for the transfer to the Paying Agents for the Refunded Bonds for timely payment of all interest on and principal of the Refunded Bonds. ARTICLE VII CONCERNING THE ESCROW AGENT Section 7.01. Representations. The Escrow Agent hereby represents that it has all necessary power and authority to enter into this Escrow Agreement and undertake the obligations and responsibilities imposed upon it herein, and that it will carry out all of its obligations hereunder. Section 7.02. Limitation on Liability. The Escrow Agent shall not be liable for any action taken or neglected to be taken in good faith in the exercise of reasonable care and believed to be within the discretion or power conferred by this Escrow Agreement, nor shall it be responsible for the consequences of any error of judgment; and it shall not be answerable except for its own neglect or default, nor for any loss unless the same shall have been through its negligence or want of good faith. The liability of the Escrow Agent to transfer funds to the Paying Agents for the Refunded Bonds for the payments of the principal of and interest on the Refunded Bonds shall be limited to the proceeds of the Escrowed Securities and the cash balances from time to time on deposit in the Escrow Fund. Notwithstanding any provision contained herein to the contrary, the Escrow Agent shall have no liability whatsoever for the insufficiency of funds from time to time in the Escrow Fund or any failure of the obligor of the Escrowed Securities to make timely payment thereon, except -7- for the obligation to notify the City promptly of any such occurrence. The recitals herein and in the proceedings authorizing the Refunding Bonds shall be taken as the statements of the City and shall not be considered as made by, or imposing any obligation or liability upon, the Escrow Agent. In its capacity as Escrow Agent, it is agreed that the Escrow Agent need look only to the terms and provisions of this Escrow Agreement. The Escrow Agent makes no representation as to the value, condition or sufficiency of the Escrow Fund, or any part thereof, or as to the title of the City thereto, or as to the security afforded thereby or hereby, and the Escrow Agent shall incur no liability or responsibility with respect to any of such matters. It is the intention of the City and the Escrow Agent that the Escrow Agent shall never be required to use or advance its own funds or otherwise incur personal financial liability in the performance of any of its duties or the exercise of any of its rights and powers hereunder. Unless it is specifically provided otherwise herein, the Escrow Agent has no duty to determine or inquire into the happening or occurrence of any event or contingency or the performance or failure of performance of the City with respect to arrangements or contracts with others, with the Escrow Agent's sole duty hereunder being to safeguard the Escrow Fund and to dispose of and deliver the same in accordance with this Escrow Agreement. If, however, the Escrow Agent is called upon by the terms of this Escrow Agreement to determine the occurrence of any event or contingency, the Escrow Agent shall be obligated, in making such determination, only to exercise reasonable care and diligence, and in event of error in making such determination the Escrow Agent shall be liable only for its own misconduct or its negligence. In determining the occurrence of any such event or contingency the Escrow Agent may request from the City or any other person such reasonable additional evidence as the Escrow Agent in its discretion may deem necessary to determine any fact relating to the occurrence of such event or contingency, and in this connection may make inquiries of, and consult with the City, among others, at any time. Section 7.03. Compensation. (a) On the Escrow Funding Date the City will pay the Escrow Agent, as a fee for performing the services hereunder and for all expenses incurred or to be incurred by the Escrow Agent in the administration of this Escrow Agreement, and for its services in its capacity as the Paying Agents for the Refunded Bonds, the sum of $ If the Escrow Agent is requested to perform any extraordinary services hereunder, the City hereby agrees to pay reasonable fees to the Escrow Agent for such -8- extraordinary services and to reimburse the Escrow Agent for all expenses incurred by the Escrow Agent in performing such extraordinary services. It is expressly provided that the Escrow Agent shall look only to the City for the payment of such additional fees and reimbursement of such additional expenses. The Escrow Agent hereby agrees that in no event shall it ever assert any claim or lien against the Escrow Fund for any fees for its services, whether regular, additional or extraordinary, as Escrow Agent, or in any other capacity, or for reimbursement for any of its expenses. Section 7.04. Successor Escrow Agents. Either the City or the Escrow Agent may terminate this Escrow Agreement on 60 days written notice, but no such termination shall be effective until a successor has been appointed and has accepted such appointment. Any successor Escrow Agent appointed by the City shall succeed, without further act, to all the rights, immunities, powers and trusts of the predecessor Escrow Agent hereunder. Upon the request of any such successor Escrow Agent, the City shall execute any and all instruments in writing for more fully and certainly vesting in and confirming to such successor Escrow Agent all such immunities, rights, powers and duties. The Escrow Agent shall pay over to its successor Escrow Agent a proportional part of the Escrow Agent's fee hereunder equal to the portion of such fee attributable to duties to be performed after the date of succession. ARTICLE VIII MISCELLANEOUS Section 8.01. Notices. Any notice, authorization, request, or demand required or permitted to be given hereunder shall be in writing and shall be deemed to have been duly given when mailed by registered or certified mail, postage prepaid addressed as follows: To the Escrow Agent: First Interstate Bank of Texas, N.A. P. 0. Box 4441 Houston, TX 77210-4441 Attention: Corporate Trust To the City: City of Huntsville Attention: Mayor 1212 Avenue M Huntsville, TX 77340 -9- The United States Post Office registered or certified mail receipt showing delivery of the aforesaid shall be conclusive evidence of the date and fact of delivery. Any party hereto may change the address to which notices are to be delivered by giving to the other parties not less than ten days prior notice thereof. Section 8.02. Termination of Escrow Agent's Obligations. Upon the taking by the Escrow Agent of all the actions as described herein, the Escrow Agent shall have no further obligations or responsibilities hereunder to the City, the Owners of the Refunded Bonds or to any other person or persons in connection with this Escrow Agreement. Section 8.03. Binding Agreement. This Escrow Agreement shall be binding upon the City, and the Escrow Agent and their respective successors and legal representatives, and shall inure solely to the benefit of the Owners of the Refunded Bonds, the City, the Escrow Agent and their respective successors and legal representatives. Section 8.04. Severability. In case any one or more of the provisions contained in this Escrow Agreement shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provisions of this Escrow Agreement, but this Escrow Agreement shall be construed as if such invalid or illegal or unenforceable provision had never been contained herein. Section 8.05. Governing Law. This Escrow Agreement shall be governed exclusively by the provisions hereof and by the applicable laws of the State of Texas. Section 8.06. Time of Essence. Time shall be of the essence in the performance of obligations from time to time imposed upon the Escrow Agent by this Escrow Agreement. Executed as of April 28, 1992, but effective as set forth herein. -10- CITY OF HUNNTSVILLE, TEXAS `Mayor ATTEST: City Secretary (SEAL) FIRST INTERSTATE BANK OF TEXAS, N.A., as Escrow Agent By: Title• ATTEST: By: Title• (SEAL) -11- April 28, 1992 Attorney General of Texas Attention: Public Finance Division 411 W. 13th Street, 4th Floor Austin, Texas 78701 Comptroller of Public Accounts of Texas Attention: Bond Registration Division 111 East 17th Street Austin, Texas 78774 Re: $1,860,000 City of Huntsville, Texas, Waterworks and Sanitary Sewer System Revenue Refunding Bonds, Series 1992 Gentlemen: TO THE ATTORNEY GENERAL The bonds described in the above caption, hereinafter called the "Bonds", will be sent to you for approval and we enclose one executed but undated SIGNATURE IDENTIFICATION AND NO-LITIGATION CERTIFICATE. Upon approval of the Bonds, you are authorized and respectfully requested to insert the date in such certificate, which date is to be the same as your approval date. If any litigation should develop before you have approved the Bonds, we will notify you at once both by telephone and telegraph. With this assurance you can rely upon the absence of litigation at the time that you approve the Bonds unless we advise you to the contrary. After you have approved the Bonds, please deliver them to the Comptroller of Public Accounts of Texas for registration. TO THE COMPTROLLER Please forward the Bonds by Federal Express to Clifford W. Youngblood, Vinson & Elkins L.L.P., 2500 First City Tower, 1001 Fannin, Houston, TX 77002-6760. Very truly yours, �'_Maybf- CITY OF HUNTSVILLE, ERAS Encl. to Attorney General RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: Ordinance 93-1 No Parking-S.H.75 North 01-12-93 ORDINANCE NO.93-01 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE,TEXAS,AMENDING CHAPTER 12,MOTOR VEHICLES AND TRAFFIC,OF ITS CODE OF ORDINANCES BY ESTABLISHING NO PARKING ZONES ON HIGHWAY 75 NORTH BETWEEN 11TH STREET AND THE INTERSECTION OF THE NORTHBOUND FEEDER ON THE WEST SIDE OF INTERSTATE 45; PROVIDING A PENALTY OF UP TO $200 A DAY FOR CERTAIN VIOLATIONS;MAKING OTHER RELATED FINDINGS AND PROVISIONS RELATED THERETO;AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS,THAT: Section 1: The following described curb zones and areas are designated as no parking zones: Street Name Side of Street Limits Type Highway 75 North Both Between 11th Street No PatkingAt Any Tinte and the intersection of the northbound feeder on the west side of 1-45 Section 2: Schedule III,No Parking Zones,of Chapter 12,Motor Vehicles and Traffic, of the Code of Ordinances of the City of Huntsville,Texas,shall be revised to reflect the amendments made by this ordinance. Section 3: The City Manager is authorized and directed to cause the posting of proper signs along the above described streets and parking zones. Section 4: It shall be unlawful for driver of a vehicle to disobey the instruction of the signs placed in accordance with the provisions of this ordinance unless at the time otherwise directed by a Police Officer. Section 5: Any person,firm or corporation violating any provision of this ordinance or failing to comply with any requirement of the ordinance will be guilty of a misdemeanor and subject to a fine of up to two hundred ($200.00) dollars upon conviction. Each day during or upon which said person shall violate or continue violation of any provision of this ordinance or non-compliance with any requirement of this ordinance shall constitute a distinct and separate offense. The violation of any provision of the ordinance or the failure to comply with any requirement of this ordinance shall each constitute a distinct and separate offense. Section 6: If any section,subsection,sentence,clause,phrase or portion of this ordinance is for any reason held invalid or unconstitutional, such portion shall be deemed a separate,distinct and independent provision and such holding shall not affect any of the remaining provisions of this ordinance. Section 7: All ordinances and parts of ordinances in conflict with the provisions of this ordinance are hereby repealed; provided,however,that such repeal shall be only to the extent of such inconsistency and in all other respects this ordinance shall be cumulative of other ordinances regulating and governing the subject matter covered by this ordinance. Section 8: This ordinance shall take effect ten (10) days after its passage by the City Council. The City Secretary shall publish the caption of this ordinance in the official City newspaper at least twice within ten(10)days of its passage. PASSED AND APPROVED THIS 12th day of January, 1993. THE f�CITY OF HUNTSVILLE W.I-I.Hodges,Mayor ATTEST: 0-At Danna Welter,City Secretary APPROVED AS TO FORM: �SWIB.r!4nds,City Attorney RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: Ordinance 93-2 Amend Taxicab Ordinance 01-12-93 ORDINANCE NO.93-02 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, AMENDING CHAPTER 16, TAXICABS AND OTHER VEHICLES FOR HIRE; OF ITS CODE OF ORDINANCES BY PROHIBITING TAXICABS DESIGNED FOR SEVEN OR MORE PASSENGERS FROM DISPLAYING SIGNS OR SOLICI'T'ING FOR OUT OF TOWN SERVICE;EXPANDING THE LOADING ZONE IN THE WALLS AREA FOR VEHICLES PERMITTED BY THE TEXAS RAILROAD COMMISSION;AND MOVING THE STAGING AREA FOR ALL TAXICABS AND OTHER VEHICLES FOR HIRE;PROVIDING A PENALTY OF UP TO $1,000 FOR EACH VIOLATION OF THIS ORDINANCE;PROVIDING FOR THE PUBLICATION OF THIS ORDINANCE;AND ESTABLISHING THE EFFECTIVE DATE OF THIS ORDINANCE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS,THAT: SECTION 1: Chapter 16.Taxicabs, of the Code of Ordinances of the City of Huntsville, Texas,is amended by amending Section 16-48,Soliciting of Passengers within the Walls Area, to read as follows: Sec.16-48. Soliciting of passengers within the Walls area. A. A person commits an offense if the person intentionally or knowingly occupies a public street,sidewalk,or parking lot within the Walls area and the person solicits another person to ride a taxicab or other vehicle for hire except as expressly authorized by this chapter. B. It shall be unlawful for a person within the Walls area to solicit another person by word sound or gesture while driving a taxicab, or other vehicle for hire,on any public street,or while the same is parked on a public street,or while the person so soliciting is on any such street or sidewalk, except as expressly authorized by this chapter. C. A person commits an offense if, while attending or driving as a taxicab a vehicle which is designed to carry seven(7)or more passengers in accordance with its manufacturer's specifications,the person displays or permits or allows to be displayed on or in such vehicle any sign,banner,placard or other device which communicates to another person outside the vehicle any service or fare to any location outside the City of Huntsville,Texas. D. A person commits an offense if, while attending or driving as a taxicab a vehicle which is designed to carry seven(7)or more passengers in accordance with its manufacturer's specifications, the person solicits another person for any service or fare to any location outside the City of Huntsville,Texas. E. A driver may not cruise a taxicab, or other vehicle for hire, over any public street. The term"cruise"means the movement of an unoccupied vehicle for hire over the public streets by any other than the most direct practicable route to its destination or returning therefrom;or to drive a taxicab or other vehicle for hire upon any public street for the purpose or with the expectation of being hailed by a prospective passenger who has not called for the taxicab;but if such driver be signaled by an intending passenger,without solicitation, the driver may transport such passenger. SECTION 2: Chapter 16.Taxicabs, of the Code of Ordinances of the City of Huntsville, Texas,is amended by amending Section 16-50,Staging for Walls Area,to read as follows: See.16-50. Staging for Walls area. A staging area for taxicabs and other vehicles for hire in the Walls area may be designated on the north side of 13th Street between Avenue J and University Avenue. Vehicles for hire will not park,stand or stop in a manner that will block any private driveway. SECTION 3: Chapter 16.Taxicabs, of the Code of Ordinances of the City of Huntsville, Texas, is amended by amending Section 16-52, Ground Transportation Service--Boarding for Walls Area, to read as follows: See.16-52. Ground transportation service--Boarding for Walls area. City boarding areas shall be established for the Walls area at the following locations: A. Boarding_area I begins on the north side of the 1000 block 12th Street approximately seventy-six(76)feet from the northwest corner of Avenue J at 12th Street and extends west for approximately fifty (50) feet. Use of this location is reserved exclusively for taxicabs permitted with the city for the transportation of passengers. B. Boarding area II includes the south side of the 1000 block of 12th Street approximately fifty-seven(57)feet from the southwest corner of Avenue J at 12th Street and extends west for approximately eight-seven(87)feet and the north side of 12th Street at Avenue J extending east from the intersection of Avenue J approximately thirty (30) feet. Use of this location is reserved exclusively for vehicles permitted by the Railroad Commission for ground transportation services between cities in the State of Texas. No vehicle accepting passengers from this location may deliver any fare to a location within the incorporated city limits of Huntsville. SECTION 4: Any person,firm,or corporation violating any provisions of this Ordinance or failing to comply with any requirement of this Ordinance will be guilty of a misdemeanor and subject to a fine of up to one thousand dollars ($1,000) upon conviction. Each day during or upon which said person shall violate or continue violation of any provision of this Ordinance or non-compliance with any requirement of this Ordinance shall constitute a distinct and separate offense. The violation of any provision of this Ordinance or the failure to comply with any requirement of this Ordinance shall each constitute a distinct and separate offense. SECTION 5: If any section, subsection, sentence, clause, phrase or portion of the Ordinance for any reason shall be held invalid or unconstitutional, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect any of the remaining provisions of this Ordinance. SECTION 6: All Ordinances and parts of Ordinances in conflict with the provisions of this Ordinance are hereby repealed;provided,however,that such repeal shall be only to the extent of such inconsistency and in all other respects this Ordinance shall be cumulative of other Ordinances regulating and governing the subject matter covered by this Ordinance. SECTION 7: The City Secretary is hereby directed to cause the caption of this Ordinance to be published at least twice within ten (10) days of final passage. This Ordinance is to take effect J rp ,,_o42� a7,I qqb PASSED AND APPROVED this 12th day of January, 1993. THE CITY OF HUNTSVILLE 4by H. odges. ayor ATTEST: Danna Welter,City Secretary JR 0 7: Cott Bounds,City Attorney Chapter 16 Taxicabs and Other Vehicles for Hire City of Huntsville CONTENTS Article I. In General ................................................ 1 16-01. Statement of Policy ............................................ 1 16-02. Definitions .................................................. 1 Article II.Operating Permit ........................................... 3 16-03. Required .................................................... 3 16-04. Granted by the chief of police--Service requirements. ................... 3 16-05. Application .................................................. 3 16-06. Permit fees--Granting of operating permit. ........................... 4 16-07. Expansion of number of vehicles authorized by operating permit. .......... 5 16-08. Suspension or revocation and appeal. ............................... 5 16-09. Display of permit. ............................................. 6 16-10. Use of permit. ................................................ 7 16-11. Substitution of vehicle operated under permit. ........................ 7 16-12. Revocation of permit--Removal of all identifying markers. ............... 7 16-13. Taximeters required--Specifications. ................................ 7 16-14. Taximeter--Inspections--Approval--Maintenance. ....................... 8 16-15. Taximeter--Operation. .......................................... 9 16-16. Taximeter--When to be in the earning position. ....................... 9 16-17. Taximeter--Breaking seal,adjusting. ................................ 9 16-18. Taximeter--Encasement of wires. ................................. 10 16-19. Schedules--Adults--School children. ............................... 10 16-20. Schedules--Children. .......................................... 11 16-21. Schedules--Luggage. ........................................... 11 Page 3 16-22. Schedules--Dogs. ............................................. 11 16-23. Schedules--Joint trips. ......................................... 11 16-24. Attempt to defraud passenger. ................................... 12 16-25. Time calls. .................................................. 12 16-26. Fare card. ....................................... ........... 12 16-27. Receipt for fares. ............................................. 12 Article III. Chauffeur's License for Drivers .............................. 12 16-28. Required. .................................................. 12 16-29. Application generally. ......................................... 13 16-30. Chauffeur's license fee. ........................................ 13 16-31. Application--Issuance. ......................................... 14 16-32. Denial of chauffeur's license. .................................... 14 16-33. Revocation. ................................................. 14 16-34. Display. .................................................... 15 Article IV.Vehicles and Equipment ....................... ... .......... 15 16-35. False representation as a taxicab. ..................... ............ 15 16-36. Vehicle requirements and inspections. ....... ...................... 15 16-37. Required equipment. .......................................... 18 16-38. Vehicle color scheme and distinctive markings. ....................... 19 16-39. Required vehicle identification--Generally. .......................... 19 16-40. Required vehicle identification--Number assigned by city--Issuance of certificate. ................................................. 19 Page 4 Article V. Service Regulation ................. ........................ 20 16-41. City-wide taxicab service required. ................................ 20 16-42. Representation of availability of taxicab. ........................... 20 16-43. Refusal to convey passengers..................................... 21 16-44. Passenger limitations. .......................................... 21 16-45. Carrying passengers by direct route. ..............I................ 21 16-46. Exclusive use. ............................................... 21 16-47. Receiving or discharging passengers in roadway. ...................... 22 16-48. Soliciting of passengers within the Walls area. ....................... 22 16-49. Hearings. ................................................... 23 Article VI. Regulations AffectW10thiabVehicles for Hire. ................... 23 16-50. Staging for Walls area. ......................................... 23 16-51. Staging area--Regulations for use. ........... ..................... 23 16-52. Ground transportation service--Boarding for Walls area ................ 23 16-53. Boarding areas--Regulations for use. .............................. 24 16-54. Conduct of drivers. ........................................... 25 16-55. Return of passenger's property. .................................. 25 16-56. Service regulations for business establishments requesting taxicabs for customers. 26 .................................................. Article VII. Miscellaneous Holder and Driver Regulations .... ..... .......... 26 16-57. Holder's and driver's duty to comply. .............................. 26 16-58. Holder's duty to enforce compliance by drivers. ...................... 26 16-59. Driver as independent contractor. ................................ 26 Page 5 16-60. Insurance. .................................................. 27 16-61. Driver's manifest sheets. ............................. 28 16-62. Holder's records and reports. .................................... 28 Chapter 16 TAXICABS AND OTHER VEHICLES FOR HIRE Article 1. In General Sec.16-01. Statement of Policy This chapter governs the operation of vehicles for hire for ground transportation purposes. The chapter,however,is not a limitation on the power of the city council to incorporate in a grant of operating authority special provisions relating to the operation of the ground transportation service particular to the grant. To the extent that a special provision conflicts with this chapter,the special provision controls. Sec.16-02. Definitions For the purposes of this chapter: A. Annual permit means permission granted by the city to a person to operate a taxicab service in the city for a period of time stated in the permit,renewable under the provisions of this chapter. B. Application means the written request required for an annual permit and/or city chauffeur's license. C. Boarding are means a public street place alongside the curb or curb lines of a street which has been designated by the city as reserved exclusively for the use of taxicabs, or other vehicles for hire that have been permitted by the railroad commission, for ground transportation services for providing rides for compensation in accordance with the provisions of this chapter. D. Holder means a person who is granted an annual permit under this chapter. E. Manifest means the daily record prepared by a driver upon which appears his/her name and vehicle number; date and hours of operation; time, place, origin,and destination of each trip;number of passengers and amount of fare and other charges;and all other information as required by this chapter. F. Other vehicles for hire are those vehicles,other than taxicabs,that are permitted through the Railroad Commission for the ground transportation of passengers, over routes other than fixed routes,within the boundaries of the state of Texas. G. Passeneer means an individual, other than a driver, being transported by a taxicab or other vehicle for hire. Page 2 H. Person means an individual,partnership,corporation,company,association,co- op or other legal entity. I. Rated passenger capacity means that designated in number by the manufacturer, or,if none,that designated in number by the chief of police. J. Stagine area means a public street place alongside the curb or curb lines of a street which has been designated by the city as reserved exclusively for the use of taxicabs, or other vehicles for hire that have been permitted by the railroad commission,for ground transportation services,while waiting to occupy an open space in a taxicab stand. K. Taxicab means every automobile or motor-propelled vehicle, with a rated passenger capacity of five(5)or less,used for the transportation of passengers for hire over the public streets of the city irrespective of whether or not the operation extends beyond the limits of the city,but does not include: 1. Vehicles moving on fixed rails; 2. Vehicles used for mass transportation and of the size and design commonly called buses and moving on fixed routes and schedules; 3. The vehicles which are rented to another and in the possession and control of the person renting the same,the services of a driver not being furnished therewith; 4. Vehicles not used in the business of transportation,but used occasionally for the transportation of selected passengers by private and special arrangements. 5. Vehicles used for transportation in limousine or van services,which provide transportation for hire, not over fixed route, by means of an limousine, extended limousine,or van operated by chauffeurs,on the basis of telephone contract,written contract,or other prearrangement. 6. Vehicles that are permitted through the Railroad Commission for the ground transportation of passengers,over routes other than fixed routes,within the boundaries of the state of Texas. See Texas Administrative Code title 16;especially 16 TAC§5.248(b)(2)(A). L. Taximeter means a device that mechanically or electronically computes,records and/or indicates a fare based upon the distance travelled,the time a vehicle for hire is engaged and any other basis for charges which are specified in the rate Page 3 ordinance pertaining to the holder. M. Walls area means that area bounded by 11th Street, University Avenue, 13th Street,and Avenue H. Article II.Operating Permit Sec.16-03.Required A. A person commits an offense if the person operates a taxicab service inside the city without an operating permit granted under this chapter. B. A person commits an offense if the person transports a passenger for hire inside the city by taxicab unless the person driving the taxicab or another who employs or contracts with the driver has been granted an operating permit under this chapter. C. No person shall engage or hire a taxicab that the person knows does not have an operating permit from the city. D. No vehicle permitted as a taxicab may be operated as a limousine. Sec.16-04.Granted by the chief of police--Service requirements. Before an operating permit is granted, the application for the permit must be approved by the chief of police.The permit shall not be granted unless: A. The applicant is fit,willing and able to operate the taxicab service in accordance with the requirements of this chapter and other applicable law;and B. The applicant has furnished the information required by section 16-05 of this article. Sec.16-05.Application To obtain an operating permit,a person shall make application to the chief of police in the manner prescribed by this section. The applicant must be the person who shall own,control or operate the proposed taxicab service. An applicant shall file with the chief of police a written,verified application statement containing the following: A. Name,address and verified signature of the applicant; Page 4 B. The form of business of the applicant;if the business is a partnership,applicant must furnish a copy of the partnership agreement and the name and address of each of the partners; if the business is a corporation, applicant must furnish a copy of the corporate articles of incorporation, a certificate of good standing from the state and the name and address of the officers and directors of the corporation;and if the business is operating under an assumed name,applicant shall provide evidence or registration of the assumed name with the county clerk. C. Description of any past business experience of the applicant, particularly in providing passenger transportation services; D. The number of vehicles and description(including motor identification number, license plate number, vehicle make and model, both name and year) of the vehicles the applicant proposed to use in the operation of the taxicab service and the description of the operations of the proposed taxicab service and the location of the fixed facilities to be used in the operation; E. Description of the proposed insignia and color scheme for the applicant's taxicab; F. Documentary evidence from an insurance company authorized to do business in the state indicating a willingness to provide liability insurance required by this chapter; G. Documentary evidence of payment of ad valorem taxes on the real and personal property to be used in connection with the operation of the proposed taxicab service; H. Such additional information as the applicant desires to include to aid in the determination of whether the requested operating authority should be granted; I. Such additional information as the chief of police considers necessary to assist or promote the implementation or enforcement of this chapter for the protection of the public safety. See.16-06.Permit fees--Granting of operating permit. A. The chief of police may grant an operating permit for a twelve (12) month period. Holders of operating permits shall pay the city a permit fee of$100.00 per year per taxicab authorized by the permit,except as provided in Subsection C of this section. The required permit fee will be paid at the time of application for a permit or renewal of a permit. P.ge s B. The city shall refund the amount that a permit fee exceeds two(2)percent of the annual gross receipts derived from the operation of the permitholder's taxicab service during the same period as authorized by the permit if within thirty(30)days after the permit expires the holder submits to the chief of police an accounting, using established and accepted accounting principals, that indicates the amount of the excess. C. If the chief of police finds that applicant has demonstrated his/her fitness to operate the taxicab service and has paid the appropriate fee,the chief of police shall issue a written permit to the applicant permitting operations of a taxicab service with the number of taxicabs as determined. Actual permits will expire on December thirty-first of each year. The chief of police will establish a time period for submission of renewal applications sufficiently in advance of the December thirty-first expiration date, so as to permit timely submission and evaluation of information required by this chapter and action by the chief of police prior to December 31 of each year. The permit fee for any new application for an operating permit or for expansion of the number of vehicles under an existing operating permit which is submitted and approved less than six months prior to December thirty-first of each year will be prorated for each taxicab authorized. Sec.16-07.Expansion of number of vehicles authorized by operating permit. A. If a holder desires to operate a greater number of taxicabs than authorized by the operating permit,the holder shall make application to the chief of police on forms provided by the chief of police. B. Upon the payment of the fee (which may be prorated when appropriate), the chief of police shall issue an amended permit to the holder. The amendment of permit will not affect the original expiration date of the permit. Sec.16-08. Suspension or revocation and appeal. A. Upon complaint alleging violation of any of the provisions of this chapter filed by any person with the chief of police,or upon his/her own motion,the chief of police,after five(5)days notice of the grounds of such complaint to the owner or operators of the taxicabs service against whom complaint is made,shall hear evidence with reference to such complaint,and after such hearing,the chief of police may revoke or suspend the permit of such holder with good cause shown. 1. This section does not restrict the immediate revocation of a city issued permit as outlined in Sec. 16-60,C. Page 6 B. Due cause for the suspension or revocation of a permit will include,but not be limited to,the following: 1. The failure of the permitholder to maintain any and all of the general qualifications applicable to the initial issuance of the permit as set forth in Section 16-04 of this article; 2. Obtaining a permit by providing false information; 3. Violation of any part of this chapter. C. The holder shall have the right to appeal the suspension or revocation to the city manager within ten business days of the notice of suspension or revocation. Such appeal will be submitted by a letter addressed to the city secretary stating that an appeal from the decision of the chief of police is desired to the city manager. Upon receiving such notice of appeal, the city manager, as soon as practical thereafter,shall conduct a hearing at which the appealing party will be given an opportunity to present evidence and make argument in his/her behalf. The formal rules of evidence do not apply to an appeal hearing under this section. The city manager shall make its ruling on the basis of a preponderance of the evidence at the hearing. D. The city manager will affirm, modify or reverse the decision of the chief of police. The decision of the city manager is final. E. If no appeal is taken from the ruling of the chief of police in the time and manner as provided in this chapter, the ruling of the chief of police shall be final. F. Any person who continues to operate a taxicab under a permit which has been revoked for any reason while the revocation is in effect shall be considered guilty of a misdemeanor and upon conviction thereof, shall be assessed a penalty accordingly. Every day's violation shall be considered to be a separate offense. Sec.16-09.Display of permit. A copy of the holder's permit as well as any individual certificate authorizing operation of such vehicle shall be displayed in each of the vehicles operated by virtue of the holder's permit. The permit shall be displayed in a clear, protective cover located on the dashboard so it may be seen by any and all passengers in such vehicle. Further,the chief of police or any peace officer shall be permitted to examine the permit upon request.Failure to have such a document displayed within such a vehicle shall be a violation of this chapter. Replacement of the individual certificate authorizing operation of the vehicle shall require payment of a fee of$10.00. Page 7 Sec.16-10.Use of permit. No permit will be used for the operation of a greater number of vehicles than were authorized by the permit. Furthermore,no permit will be used for the operation of the taxi service by anyone except the applicant thereof or any employee or independent contractor of the applicant except as provided in this article. Sec.16-11. Substitution of vehicle operated under permit. The holder of a permit may substitute vehicles operated under the permit for those originally identified for use as provided in Section 16-05 of this article,but only may do so upon completion of the following requirements: A. The holder must provide the information required in Section 16-04 B of this article, on the new vehicle and pay the chief of police a fee of$10.00 to cover administrative costs attendant to the substitution; B. The vehicle must be inspected for compliance with the provisions of Article IV of this chapter,Vehicles and Equipment; C. The permits referred to in Section 16-09 of this article,must be,returned to the chief of police,who in turn will issue new permits for the substitute vehicle; D. The new vehicle must be numbered with the same number as assigned to the original vehicle as provided in Section 16-40 of this chapter; E. The holder must demonstrate that the identifying markings on the original vehicle have been removed. Sec.16-12. Revocation of permit--Removal of all identifying markers. Upon the revocation of any permit issued under this chapter, the holder shall immediately remove all lettering identifying the vehicles as taxicabs,including,but not limited to,the vehicle number, the name of the taxicab company under which the taxicab is operating, and any other indication or information indicating that the vehicle is operating as a taxicab. Sec.16-13.Taximeters required--Specifications. A. Every taxicab operating under a permit granted by the city shall be equipped with a mechanical or electronic device(commonly called a taximeter)of a type which will accurately show: 1. The legal fare for each trip; Page S 2. The minimum fare; 3. When the distance allowed of such minimum fare shall have been travelled; and 4. The total fare as the same increase with each additional fraction of a mile as is determined in Section 16-19 of this article. If any charge is incurred for waiting time,such charge shall be included in the total shown. B. The mechanical taximeter shall be so constructed and equipped as to show by a visible metal flag, and by an electric light located on top of the taxicab, hereinafter called tell-tale light, whether or not the taxicab is in use by a passenger,the position of such flag indicating that the taxicab is so in use being hereinafter referred to as the earning position.The charge shall be indicated by means of legible figures which are electrically lighted each time the taximeter flag is thrown from vacant (that is, nonearning) to earning position. The electronic taximeter shall be so constructed and equipped as to show by means of tell-tale light as described in this section whether or not the taxicab is being used by a passenger. C. The taximeter shall have a tamper-proof switch,located within the meter head itself,and with suitable outlet for connection with the taxicab system of electrical distribution so that when the taxi meter is in the vacant position, neither the electric light on the taximeter on the dial nor the tell-tale lamp will be lighted. When the meter is activated the fare indicator on the taximeter must be lighted and synchronously the tell-tale light will be lighted. D. The taximeter shall be installed per manufacturer's instructions. A copy of these instruction will be provided to the chief of police. E. The taximeter shall be considered to show accurately the distance travelled if the error,either above or below the correct distance,is not more that one hundred feet to the mile. Sec.16-14.Taximeter--Inspections--Approval--Maintenance. A. Before installation the taximeter shall be submitted for approval to the chief of police who will approve the same if it complies with the requirements of this vehicle and manufacturer's installation instructions, but not otherwise. If approval be refused, an appeal may be taken to the city manager, who shall promptly hear and decide the same. Page 9 B. After installation, the taximeter shall at all reasonable times be subject to inspection by the chief of police in accordance with the standards set forth in this chapter, the taxicab shall be taken out of service until the taximeter is properly adjusted,repaired or replaced. Sec.16-15.Taximeter--Operation. A. The taximeter shall be installed, and when necessary, lighted as to be plainly visible to all passengers. The meter shall be placed in the earning position when the taxicab is in use by a passenger or passengers,but shall not be so placed at any other time so as to charge any passenger with waiting time or mileage for which he should not be charged. B. The taximeter shall be considered in use by the passenger from the time he enters the same, or, if the taxicab is responding to a call, from the time the taxicab arrives at the place where the passenger is to be picked up and he is notified of such arrival; and ends when the passenger leaves the taxicab,unless he requests the driver to wait. Sec.16-16.Taximeter--When to be in the earning position. The taximeter shall be operated in the earning position whenever the taxicab is being operated with any person other than the driver in the cab. Sec.16-17.Taximeter--Breaking seal,adjusting. A. No person shall,without permission of the chief of police,break any seal placed on an installed taximeter, or make any such changes or adjustments in the mechanism as may affect the accuracy of the operation. B. It shall be unlawful for any taxicab to be operating without a seal on the taximeter installed by the chief of police. C. Whenever a taximeter malfunctions, the taxicab will immediately be removed from service until the taximeter has been repaired. Upon completion of repairs, the holder will make the taximeter available for inspection and the installation of new seals by the chief of police before the vehicle will be permitted to return to service. Page 10 See.16-18.Taximeter--Encasement of wires. All wires leading from the taximeter to the tell-tale light on the top of the taxicab and all wires leading from the meter to the positive connection on the taxicab shall be encased in metal cable so as to prevent tampering with such wires. Sec.16-19. Schedules--Adults--School children. The rates to be charged for a taxicab service shall be as follows,and no greater nor lesser rate shall be charged: A. One dollar and twenty cents ($1.20) for the first one-sixth mile or fraction thereof; B. One dollar and twenty cents($1.20)for each mile thereafter or fraction thereof; C. A flat charge of one dollar ($1.00) for each additional passenger over one occupying the taxicab on the same trip or part thereof, D. Twenty-one(.21¢)cents per minute/twelve dollars and sixty cents($12.60)per hour for waiting time,and when the taxicab is engaged by the hour; E. Notwithstanding anything to the contrary in this section or in Section 16-20 of this article, any independent school district may contract with any taxicab permitholder for the transportation of people to and from school upon any terms as to compensation,route and time of furnishing the service as be agreed to in such contracts;and in transporting people under such contract it shall not be necessary for the taxicab to use the taximeter. 1. Taxicab service furnished pursuant to any contract entered into between the permitholder and a third party,including the city,shall not be subject to this section provided that the contract has been approved by the chief of police. F. A taxicab may be so designed that a passenger using a wheelchair can be transported while occupying the wheelchair and can be taken into and out of the cab without leaving the wheelchair. The wheelchair shall be securely fastened in place while the cab is in motion. The design of such cab shall be subject to approval of the chief of police as to its reasonable safety. A charge of two dollars for each trip, in addition to the regular fare, shall be made for each passenger transported in a wheelchair. Page 11 Sec.16-20. Schedules--Children. Children under seven(7)years old shall be carried without charge,if accompanied by a passenger who pays the regular fare. Children seven(7)years or older shall pay as if they were adults. Sec.16-21. Schedules--Luggage. Each full fare shall entitle a passenger to carry two pieces of hand luggage without extra charge. A charge of one dollar($1.00)on the extra fare meter may be charged for each six pieces,or portion thereof,of hand luggage or shopping bags over two (excluding brief or attache cases),and one dollar for each foot locker or trunk. Sec.16-22. Schedules--Dogs. A maximum of one dollar may be charged on the extra fare meter for each pet, except seeing eye or guide dogs for which no charge will be made. Sec.16-23. Schedules--Joint trips. When two or more passengers have a taxicab go to the same destination, the charge shall be one full fare plus a charge of fifty cents on the extra fare meter for each passenger over one. A. When two or more persons occupy a taxicab at the same time, but leave at different destinations, the first passenger shall pay the regular fare, and the meter shall be thrown to the stop position indicating another trip,and the next passenger to leave shall pay the regular fee from the point at which the flag was thrown to his/her destination. The fare shall be similarly determined for any passenger over two. B. When a taxicab is not originally engaged for a joint trip,nothing in this chapter shall authorize the carrying of additional passengers without the consent of the passenger who first engaged the taxicab. C. The above rules determine the fare which may legally be demanded of each passenger when more than one passenger occupies a taxicab at the same time, but nothing in this chapter shall prevent the passengers from dividing the cost of the trip in any manner they may voluntarily agree upon. Page 12 Sec.16-24.Attempt to defraud passenger. A person who operates a taxicab commits an offense if the person intentionally extends the distance or time for a trip beyond the distance and time necessary for the trip for the purpose of increasing the fare for the trip. Sec.16-25.Time calls. When a passenger requests a taxicab by the hour the driver shall immediately set the taximeter on the time call position and keep it in such position until the passenger ceases to use the cab. Sec.16-26.Fare card. A. The chief of police will provide every taxicab with an information card with dimensions of no less than twelve (12) inches in height and twenty inches in width,which will clearly and legibly show rates and other pertinent information as prescribed by the chief of police. The card will be covered with heavy-duty plastic substance and mounted on the rear of the front seat in such a manner that would prevent removal. The card will be placed at a height where it can easily be read by passengers in the rear seat. B. It shall be unlawful to operate a taxicab without the information card being posted within the vehicle as prescribed. Sec.16-27.Receipt for fares. If demanded by any passenger,the driver in charge of a taxicab shall deliver to the person paying for the hiring of the same, at the time of such payment, a receipt therefor in legible type or writing, whether by mechanically printed receipt or by specially prepared receipt,containing the name of the holder,the taxicab number, any items for which a charge is made, the total amount paid, and the date of payment. Article III. Chauffeur's License for Drivers Sec.16-28. Required. It shall be unlawful for any person to drive or operate a taxicab within the city without first procuring a chauffeur's license from the city.It shall likewise be unlawful for any person holding a permit to conduct a taxicab business in the city to permit any person who does not hold a valid chauffeur's license issued by the city to drive or operate any taxicab owned by him/her or used in connection with his/her taxicab business. Page 13 Sec.16-29.Application generally. In order to obtain a chauffeur's license required by this article, any person so desiring, shall make an application to the chief of police and, at the time of application and at his/her own expense,shall: A. Be eighteen(18)years of age or older; B. Possess the classified state driver's license required for the class of vehicle to be operated by the applicant as defined in article 66876,section 4A,V.A.T.C.S. C. Be able to read and speak the English language; D. Provide the chief of police with a street address and phone number;an applicant or holder shall notify the chief of police in writing of any change thereto within five (5)business days of the change; E. Execute an authorization in writing for the provision to the city of any and all information which an organization or entity may have concerning the applicant and a release to said organization or entity from all liability which may result from the furnishing of such to the city; F. Be approved for employment by a holder;an applicant shall provide the chief of police with the name and business address of said prospective employer and shall,upon transfer of employment from one holder to another,notify the chief of police of such in writing within five (5)business days of the transfer; G. Submit to a medical examination by a licensed physician on forms provided; H. Provide the chief of police with a certificate executed by a practicing physician in the city stating that the applicant is not afflicted with any physical or mental disability which would reasonably prevent him/her from exercising ordinary and reasonable control over a motor vehicle or which would otherwise endanger the public's health or safety;such certificate shall also state specifically the condition of the applicant's hearing and eyesight. I. Have successfully completed,within the previous twelve(12)months,a defensive driver training course approved by the chief of police. See.16-30. Chauffeur's license fee. Each applicant for a chauffeur's license under this article shall pay a fee of ten dollars($10.00)to cover the cost of an investigation of his/her character and fitness for such license. Page 14 Sec.16-31.Application--Issuance. The applicant shall submit any application filed under this article to the chief of police for approval or disapproval. If such application is approved or granted,the chief of police shall issue such chauffeur's license upon the applicant's complying with the provisions of this article. Sec.16-32.Denial of chauffeur's license. Denial of a city chauffeur's license shall include,but is not limited to,the following: A. The applicant has been convicted of any offense of driving while under the influence of alcohol or drugs within the last five(5)years,or four(4)or more moving violations of the traffic laws of this or any other state within the twelve (12)month period immediately preceding the date of the application; B. The applicant has falsified or materially altered or omitted pertinent information in any governmental record, including an application for a city chauffeur's license; C. The applicant has not met the requirements for obtaining a city chauffeur's license as set forth in this article. Sec.16-33.Revocation. A. A chauffeur's permit may be revoked or canceled,by the chief of police,for any offense other than a class C misdemeanor offense committed while operating a taxicab,or for repeated moving violations(4 violations in any 12 month period). B. The chief of police may, without other cause shown, revoke and cancel any chauffeur's license issued under this article upon the violation, by the holder thereof,of any provision of this chapter. C. The holder of a chauffeur's license shall have the right to appeal the revocation to the city manager within ten business days of the notice of revocation. Such appeal will be submitted by a letter addressed to the city secretary stating that an appeal from the decision of the chief of police is desired to the city manager. Upon receiving such notice of appeal, the city manager, as soon as practical thereafter,shall conduct a hearing at which the appealing party will be given an opportunity to present evidence and make argument in his/her behalf. The formal rules of evidence do not apply to an appeal hearing under this section. The city manager shall make its ruling on the basis of a preponderance of the evidence at the hearing. Page 15 Sec.16-34.Display. No person shall drive a taxicab within the city without having his/her chauffeur's license issued under this article displayed in the taxicab within the unobstructed view of the passengers therein. Article IV.Vehicles and Equipment Sec.16-35.False representation as a taxicab. A. A person may not represent that a vehicle is a taxicab if the vehicle is not in fact authorized by an operating permit granted under this chapter. B. A person may not drive a vehicle in the city that is not a taxicab if the vehicle is marked,painted or equipped in a way that is likely to result in mistaking the vehicle for a taxicab. Sec.16-36.Vehicle requirements and inspections. A. All vehicles operated as taxicabs shall be no more than ten(10)model years old. Further,the vehicle in service shall be kept in clean condition,free of foreign matter and of offensive odors. There shall be no litter in the vehicle or trunk or on floor mats and the upholstery and floor mats shall be kept clean and without holes or large wear spots. The vehicle shall be free from damaged fenders and bodies, defective paint and other conditions making taxicabs unsightly. No taxicab shall have less than four doors,and each taxicab must be a vehicle designed to carry not more than five(5)passengers in accordance with manufacturer specifications;provided,however,any vehicle presently permitted to operate as a taxicab may continue to be repermitted until otherwise retired from service in accordance with these rules. See 16 T.A.C.Section 5.248(b)(2). No taxicab shall be equipped with shades, curtains or any other vision- obstructing devices. No taxicab shall have an interior of less than one hundred ten(110)cubic feet and not more than one hundred sixty(160)cubic feet,as defined in 40 Code of Federal Regulations, Section 600.315-82(a)(v-ix). B. Each taxicab shall be inspected before it is placed into service and thereafter at three-month intervals, in accordance with this section and policies and procedures established by the chief of police. Taxicabs shall be inspected at city facilities designated by the chief of police. The cost of such inspection shall be determined by the city council. The inspection cost will be borne by the holder of the operating permit and will be nonrefundable and payable in advance of the inspection. Upon completion of the inspection, if the vehicle meets all the Page 16 requirements of this chapter,a certificate of inspection will be issued and such certificate shall be affixed to the windshield of the inspected vehicle in a plainly visible place. No taxicab for hire requiring inspection under this section shall be operated without having so affixed an inspection certificate showing such taxicab has passed inspection within three(3)months.The inspection required by this section shall include the following: 1. Current safety sticker; 2. Windshield:glass;wipers-switch and operation; defroster; 3. Mirrors:rear and side view; 4. Door and window operation; 5. Door glass; 6. Horn-sound and button operation; 7. Steering:freeplay; 8. General interior condition: panels and dashboard; 9. Floor covering; 10. Upholstery; 11. Seat:frames and covers; 12. Seat belts; 13. Fire extinguisher; 14. Brakes: foot; hand; pulls to one side; low pedal/slack grabs; rubber pedal grab; 15. General body and paint condition; 16. Tires:left front;right front;left rear; right rear;spare; 17. Wheels and rims:straight;balanced; bearings; 18. Exhaust system:leaks;worn;loose; Page 17 19. Headlights: adjustment;low beam; high beam; 20. Stop light;tail light; 21. Rear red reflectors; 22. License plate light(may be part of tail light or separate); 23. turn signal operation: indicator light;switch;front;rear; 24. Company sign light; 25. Two way radio or cellular phone; 26. Meter:seal and clock;tell-tale light operating; 27. Air conditioner; 28. Emission control device; 29. Rate card posted; 30. Taxi I.D.card posted. A taxicab for hire that fails the inspection required by this section will be reinspected once after failure,within fifteen calendar days,without additional charge. Subsequent inspection or reinspection will be done at the fee set forth pursuant to this section. The operating permit of any taxicab to which this section applies shall be considered automatically suspended if the vehicle fails to pass an inspection for conditions affecting safe operation of the vehicle pending correction of the particular defect. The operating permit of any vehicle for hire subject to this section not having equipment required by state or federal law shall be considered automatically suspended pending a hearing to determine whether the operating permit should be revoked. Such a hearing will be before the chief of police and shall be for the purpose of affording the permitholder an opportunity to show cause why the permit should not be revoked. If sufficient cause is not shown,the chief of police shall revoke the operating permit for that vehicle. The operating permit of any vehicle for hire subject to this section,in which the emission control device has been removed,altered or tampered with in violation with state or federal law will be revoked. Any revocation of an operating permit pursuant to this section may be appealed to the city manager; provided,that such appeal is submitted within thirty(30)days after notice of the revocation has been mailed to the last known address of the permitholder. A copy of any such appeal shall be furnished by the permitholder to the chief of Sage IS police. The revocation will remain in effect during the period of any pending appeal. Notwithstanding any other provision of this code, if the city manager, after considering an appeal from revocation of an operating permit pursuant to this section, determines that the operating permit may be reissued if the taxicab involved is brought into compliance with the inspection requirements of this section there shall be a mandatory fee of$25.00 to be paid to the city by the permitholder before the operating permit may be reissued. C. If the chief of police determines that a vehicle for hire is not in compliance with this article,the chief of police may order the vehicle removed from service until it is brought into compliance. Operating a vehicle as a taxicab for hire after it has been ordered removed from service is prohibited and shall be cause for suspension or revocation of the operating permit for that vehicle. D. The chief of police shall establish in writing,and distribute descriptive criteria for passing or failing of the required inspection items as enumerated in subsection B of this section. E. The chief of police shall provide training, inspection certificates and reporting materials for a fee not to exceed the cost of procurement, storage and distribution of such materials and training by the city to those designated to perform such inspection of taxicabs and other vehicles for hire pursuant to this section. Sec.16-37.Required equipment. A holder of an operating permit shall provide and maintain in proper operating condition the following equipment: A. Seatbelts for each passenger, the number of which is determined by the designated seating capacity of the taxicab; B. Heater and air conditioner the heater or air conditioner,as applicable,will be turned on whenever requested by a passenger; C. Fire extinguisher with a minimum rating of 2A10BC; D. Equipment to indicate when a taxicab is operating for hire and when it is not for hire; E. Tell-tale light with a clear lens, which shall be lighted and remain lighted whenever a taxicab is carrying passengers for hire; Page 19 F. Two-way radio on the holder's dispatch frequency or an activated cellular phone for the use of accepting calls for taxi service. Sec.16-38.Vehicle color scheme and distinctive markings. A. A holder of an operating permit shall develop a design of a color scheme and distinctive markings for taxicabs operating under its authority and shall submit the design to the chief of police for approval to insure that the design is not likely to cause confusion with the taxicabs operated by a different taxicab service as well as reasonably suited for taxicab use in accordance with generally prevalent practices of the taxicab business. B. After a design is approved by the chief of police,the holder shall submit to the chief of police a color photograph of a completely equipped taxicab using the approved design. C. The holder shall use only the approved design, as depicted in the submitted photograph for taxicabs operating under its permit unless written approval of a change is obtained from the chief of police. Sec.16-39.Required vehicle identification--Generally. Every taxicab shall have painted or affixed on the front or rear door,on both sides,the name and telephone number of the taxicab service which operates the taxicab. Such letters and numbers shall be at least two and one-half inches in height and the lines constituting the letters and numbers shall be a least five- sixteenths of an inch broad, and in a color contrasting with the background. Sec.16-40.Required vehicleidentification--Number assigned bycity--Issuanceofcertiticate. A. No person shall operate a taxicab without the same being identified by a number to be assigned by the chief of police,which number shall be painted or affixed on the lower right hand side of the back of such vehicle,and on the front or rear door,on both sides of the vehicle,in such a position as not to be obscured by bumpers, state license plates or any other objects. Such numbers shall not be less than three inches height and the line constituting such shall not be less than one-half inch broad,and such numbers shall be of a color so contrasting with the background that the same shall be plainly visible to the normal eye in daylight at a distance of one hundred(100)feet. B. The chief of police shall keep a record of such numbers with information identifying the vehicle to which each number is assigned and the holder of the operating permit under which the vehicle operates. Page 20 C. The chief of police shall issue to each taxicab operating under an operating permit a certificate showing the identifying number of such taxicab as assigned under this section,and the name or business designation and telephone number of the holder of the operating permit under which such taxicab is operating. No person shall operate any taxicab unless such certificate is posted in a place readily visible to the passengers. Article V. Service Regulation Sec.16-41.City-wide taxicab service required. Except as otherwise provided,a holder of an operating permit shall: A. Provide taxicab service on a twenty-four hour of every calendar day basis to the general public to and from any point inside the city to surrounding area that is accessible by public streets. B. Assure that during no part of any calendar day shall less than fifty percent of the taxicabs operating under a holder's permit be on duty and actually engaged in service or immediately available therefor; provided, the requirements of this subsection shall not apply in case of impossibility arising from mechanical breakdowns, illness of employees,or other causes not due to the fault of,and beyond the control of,holder. C. Answer each call received for service as soon as practicable, and if service cannot be rendered within a reasonable time,the holder shall inform the caller of the reason for the delay and the approximate time required to answer the call. D. Provide taxicab service that is operational twenty-four (24) hours each day. Service may be maintained by means of a single dispatch center or through the use of a cellular phone in a taxicab. Dispatcher service means the maintenance of a telephone connection by which a person desiring taxicab service may call the taxicab company, and the employment of a person or persons not less than eighteen years old for the purpose of answering such telephone calls,designating a taxicab driver to answer an accepted call. Sec.16-42.Representation of availability of taxicab. A driver may not represent that his/her taxicab is engaged when it is in fact vacant or vacant when it is in fact engaged. Pagc 21 Sec.16-43.Refusal to convey passengers. A. While operating a taxicab a driver shall not refuse to convey a person who requests service unless: 1. The person is disorderly; 2. The driver is engaged in answering a previous request for service; 3. The driver has reason to believe that the person is engaged in unlawful conduct;or 4. The driver is in fear of his/her personal safety. B. A taxicab driver shall not refuse service requested by radio dispatch or by telephone when the location for pickup is within a reasonable distance from the location of the taxicab. C. If for any reason a taxicab driver is unable to complete a trip, he shall call his/her dispatcher and summon another taxicab to carry the passenger to his/her destination. Sec.16-44.Passenger limitations. It shall be unlawful for any taxicab driver to carry more than three persons,including the driver in the front seat of any taxicab or to carry more than four persons in the rear seat,not counting infants in arms;or to have the taxicab so loaded with persons or property so as to interfere with the driver's vision or freedom of movement to a point inconsistent with safety of the operation of the taxicab. Sec.16-45. Carrying passengers by direct route. A driver shall carry a passenger to his/her destination by the most direct and expeditious route available unless otherwise directed by the passenger. Sec.16-46.Exclusive use. A. It shall be unlawful for a driver to permit or allow any person who is not a paying passenger to loiter in his/her taxicab while on duty at a walk-up stand,or to ride in the vehicle with a paying passenger. Page 22 B. A passenger engaging a taxicab shall have the exclusive right to full use of the passenger portion thereof, and it shall be unlawful for the driver to solicit or carry additional passengers therein without the consent of the passenger of passengers by whom such taxicab is already engaged. Sec.16-47.Receiving or discharging passengers in roadway. Drivers of taxicabs shall not receive or discharge passengers in the roadway,but shall pull up to the right-hand sidewalk as near as practicable, or in the absence of a sidewalk to the extreme right-hand side of the roadway, and there receive or discharge passengers,except on one-way streets where passengers may be received or discharged at either the right-hand or the left-hand sidewalk, or side of the roadway in the absence of a sidewalk. Sec.16-48.Soliciting of passengers within the Walls area. A. A person commits an offense if the person intentionally or knowingly occupies a public street,sidewalk, or parking lot within the Walls area and the person solicits another person to ride a taxicab or other vehicle for hire except as expressly authorized by this chapter. B. It shall be unlawful for a person within the Walls area to solicit another person by word sound or gesture while driving a taxicab, or other vehicle for hire,on any public street,or while the same is parked on a public street, or while the person so soliciting is on any such street or sidewalk, except as expressly authorized by this chapter. C. A person commits an offense if,while attending or driving as a taxicab a vehicle which is designed to carry seven (7)or more passengers in accordance with its manufacturer's specifications, the person displays or permits or allows to be displayed on or in such vehicle any sign,banner,placard or other device which communicates to another person outside the vehicle any service or fare to any location outside the City of Huntsville,Texas. D. A person commits an offense if,while attending or driving as a taxicab a vehicle which is designed to carry seven (7)or more passengers in accordance with its manufacturer's specifications, the person solicits another person for any service or fare to any location outside the City of Huntsville,Texas. E. A driver may not cruise a taxicab, or other vehicle for hire, over any public street. The term"cruise"means the movement of an unoccupied vehicle for hire over the public streets by any other than the most direct practicable route to its destination or returning therefrom;or to drive a taxicab or other vehicle for hire upon any public street for the purpose or with the expectation of being hailed Page 23 by a prospective passenger who has not called for the taxicab;but if such driver be signaled by an intending passenger, without solicitation, the driver may transport such passenger. Sec.16-49.Hearings. In any hearings conducted by the chief of police or the city manager under the provisions of this chapter,the burden shall be upon the respondent or appellant as the case may be to show cause why the proposed action should not be taken. Article VI. Regulations Affecting Taxicabs and Other Vehicles for Hire. Sec.16-50. Staging for Walls area. A staging area for taxicabs and other vehicles for hire in the Walls area may be designated on the north side of 13th Street between Avenue J and University Avenue. Vehicles for hire will not park,stand or stop in a manner that will block any private driveway. See.16-51. Staging area--Regulations for use. A. Taxicabs or other vehicles for hire as outlined in this chapter may use the staging area to await entry into a boarding area. B. It shall be unlawful for any person,or driver of a taxicab or other vehicle for hire waiting in the staging area, to solicit or accept a passenger. C. A driver shall not leave the interior of his/her taxicab or other vehicle for hire while parked or stopped in the staging area. Sec.16-52. Ground transportation service--Boarding for Walls area. City boarding areas shall be established for the Walls area at the following locations: A. Boarding area I begins on the north side of the 1000 block 12th Street approximately seventy-six (76)feet from the northwest corner of Avenue J at 12th Street and extends west for approximately fifty (50) feet. Use of this location is reserved exclusively for taxicabs permitted with the city for the transportation of passengers. B. Boardine area II includes the south side of the 1000 block of 12th Street Page 24 approximately fifty-seven (57) feet from the southwest corner of Avenue J at 12th Street and extends west for approximately eight-seven (87) feet and the north side of 12th Street at Avenue J extending east from the intersection of Avenue J approximately thirty (30) feet. Use of this location is reserved exclusively for vehicles permitted by the Railroad Commission for ground transportation services between cities in the State of Texas. No vehicle accepting passengers from this location may deliver any fare to a location within the incorporated city limits of Huntsville. Sec.16-53.Boarding areas--Regulations For use. A. All taxicabs and other vehicles transporting released Texas Department of Criminal Justice inmates for hire are required to use the designated boarding areas located within the Walls area. B. Use of the boarding areas shall be for taxicabs permitted by the City of Huntsville or other vehicles for hire that have been permitted by the Texas railroad commission. C. No driver shall permit more than one vehicle for hire permitted by one company to use Boarding Area II at a time. D. If the railroad commission permits more than four (4)companies to provide vehicle for hire service from the Walls area,then the permitted companies may use the boarding area on a first come basis;provided,(1)that no company shall have more than one vehicle in the staging or boarding area at a time; and(2) the vehicle in the staging area shall have priority access to boarding area upon departure of a vehicle from the boarding area. E. No more than two (2) taxicabs or one (1) vehicle for hire, from any one company may occupy either boarding area,in any combination,at the same time. F. All parking of vehicles within the designated staging and boarding areas must be parallel to the curb or curb lines and in compliance with state law and city ordinance; G. Drivers of taxicabs or other vehicles for hire using the boarding areas must be in compliance with Section 16-52 of this chapter. H. A driver shall not leave the interior of his/her taxicab or other vehicle for hire except to assist a passenger as reasonably necessary after being engaged. I. A driver shall not perform or allow to be performed repairs or maintenance on a taxicab,or other vehicle for hire,while parked in the staging or boarding area. Page 25 J. A person shall not park a taxicab, or other vehicle for hire,in a boarding area unless the vehicle is for hire. K. The driver of a taxicab or other vehicle for hire must attend the vehicle at all times when the vehicle is parked in a staging or boarding area. L. A driver of a vehicle for hire may solicit passengers,but only by posting signs in or on the vehicle for hire which state only fare and destination information. Sec.16-54.Conduct of drivers. While on duty a driver shall: A. Conduct himself/herself in a reasonable,prudent and courteous manner; B. Maintain a sanitary and well-groomed appearance; C. Not respond to a radio dispatch assigned to another driver; D. Not consume alcoholic beverages, controlled substances, or other substances which could adversely affect his/her ability to drive a motor vehicle. E. Not monitor the radio frequency of a taxicab company other than his/her own nor respond to a call for service dispatched by another company. F. Not possess a radio equipped to receive the frequency of a taxicab other than his/her own. G. Not interfere with the chief of police in the performance of his/her duties;and H. Comply with all lawful orders of the chief of police issued in the performance of his/her duties. Sec.16-55.Return of passenger's property. A. Upon finding property in a taxicab left by a passenger, the driver shall immediately return the property to the owner. However,if the driver is unable to locate the owner or if the driver does not know the identity or whereabouts, of the owner,the driver shall,within a reasonable time,deliver the property to the holder of the operating permit who employs or contracts with the driver. B. Upon return of the property to the owner or delivery of the property to the holder of the permit, the driver shall prepare a written report stating the description of the property, the identity of the owner if known, the date the Page 26 property was left in the taxicab, the circumstances relating to the loss,and the taxicab number. The holder of the operating permit shall keep the report on file for at least one year and shall hold the property not less than three months. Sec.16-56. Service regulations for business establishments requesting taxicabs for customers. An employee of a business establishment, other than a taxicab service,who acts as agent in obtaining taxicab service for prospective taxicab passengers shall not solicit nor accept payment from a driver in return for giving preferential treatment in directing passengers to a driver's taxicab. Article VII. Miscellaneous Holder and Driver Regulations Sec.16-57.Holder's and driver's duty to comply. A. In the operation of a taxicab service a holder shall comply with the terms and conditions of the provisions of this chapter,other applicable provisions of this code and other laws applicable to the operation of a motor vehicle. B. While on duty a driver shall comply with the provisions of this chapter and other law applicable to the operation of a motor vehicle in the state. Sec.16-58.Holder's duty to enforce compliance by drivers. A. A holder shall establish policy and take action to discourage,prevent or correct violations of this chapter by drivers who are employed by or contracting with the holder. B. A holder shall not permit a driver who is employed by or contracting with the holder to drive a taxicab if the holder knows or has reasonable cause to suspect that the driver has failed to comply with this chapter or other applicable law. C. A holder shall promptly report in writing to the chief of police any action taken by the holder against a driver of any taxicab for any violation of the provisions of this chapter or other applicable law to the operation of a motor vehicle. Sec.16-59.Driver as independent contractor. A. A holder may contract with a driver on an independent contractor basis,but only if the contract: Page 27 1. Provides that the holder shall indemnify the city and hold the city harmless for a claim or cause of action arising from the conduct of the driver; 2. Provides that the driver is insured under the holder's fleet insurance policy; 3. Imposes a condition that the driver must comply with this chapter and provides that failure to comply may be considered by the holder as a material breach of the contract. B. The form of the contract between the holder and driver must be approved by the chief of police. The chief of police may disapprove a contract form if he determines that the contract is inconsistent with this article or other applicable law. A holder may not use a contract that has been disapproved by the chief of police. A copy of each contract will be furnished to the chief of police within ten(10)days after it has been entered into. Sec.16-60.Insurance. A. A holder shall maintain in force and effect during each year a policy of public liability insurance covering all of the taxicabs operating under its permit. B. The insurance policy required under this section must: 1. Be written by an insurance company authorized to do business in the state and shall be subject to approval by the city; 2. Provide in substance that the company will pay on behalf of the insured all sums which the insured shall become legally obligated to pay as damages because of bodily injury, sickness or disease, including death resulting therefrom,sustained by any person(collectively referred to as bodily injury) or injury or destruction of property, including loss thereof (collectively referred to as property damage)arising out of the ownership,maintenance or use of the taxicabs; 3. The maximum amount recoverable under such policy shall not be less than one hundred thousand($100,000)dollars for bodily injury to one person in any one accident,three hundred thousand dollars($300,000)for bodily injury to two or more persons in any one accident,and fifty thousand dollars ($50,000)for property damage. 4. Contain a provision that it may not be canceled,revoked or annulled by the insurer without giving ten days written notice thereof to the chief of police. The licensee shall not surrender or release such policy without filing in lieu thereof another policy complying with the requirements of this section, or Page 2s surrendering his/her license. C. Should such policy not be in effect whether by reason of cancellation,expiration or otherwise, the operating permit for that permit holder shall automatically become suspended and the permit shall be automatically revoked. At the time of the revocation hearing before the chief of police,if the permit holder provides proof to the satisfaction of the chief of police that he has secured the required insurance coverage,the chief of police may reinstate the permit. If the chief of police is not so satisfied, the revocation shall remain in effect. If the permit holder appeals the revocation to the city manager, the revocation shall remain in effect until final action on the appeal has been taken by the city manager. See.16-61.Driver's manifest sheets. A. Each holder shall provide its drivers with forms,approved by the chief of police, for maintaining a daily manifest sheet. The form must include appropriate spaces for recording: 1. Taxicab number,driver's name,date,hours or operation,meter number,total miles driven,paid miles,number of trips made and extra charges; 2. Time,place and exact address of the origin and destination of each trip; 3. Number of passengers and amount of fare and other charges; and 4. Other information required by the chief of police to aid in the discharge of his/her duties. B. Each driver shall complete a manifest sheet on a separate form provided by the permit holder,for each tour of duty. The driver shall provide the information required by the form and shall record the information with regard to trips at the end of each trip. The manifest sheet will remain in the taxicab at all times while the driver is on duty.The driver shall return the completed trip sheet forms to the holder at the end of the driver's working day. C. The holder of the permit for taxicab service shall keep all return manifest sheets for two years from their date,in such order that the sheets for any date may be readily found. Sec.16-62.Holder's records and reports. All holders of permits for taxicab service are required to keep and maintain at all times: Page 29 A. Complete records of all physical properties used and useful in rendering taxicab service in the city,showing date of purchase,purchase price,terms of payment and extent to which such property has been depreciated,by principal items of property; B. Daily records of revenue segregated by drivers and by cars; C. Daily manifest sheets to be made and signed by each driver; D. A complete and accurate record of all expenses incurred in connection with the actual operation of the taxicab business and the maintenance of equipment; E. Permanent records of every call received by telephone and every service performed as a result,showing the exact time of such caller's service,the place thereof,the driver who answered the call,and the time of the driver's departure and return. All of the books,records,accounts and manifests described in this section must be maintained in good condition at a single business location of the holder and shall be available at all reasonable times for inspection by the chief of police. Such records shall be preserved for at least two years from the making thereof. RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: Ordinance 93-3 Repeal Restrictive Turn Movement-19th Street 01-12-93 ORDINANCE NO.93-03 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE,TEXAS,AMENDING CHAPTER 12,MOTOR VEHICLES AND TRAFFIC,OF ITS CODE OF ORDINANCES BY REPEALING A RESTRICTIVE TURN MOVEMENT ON 19TH STREET AT SAM HOUSTON AVENUE (NO LEFT TURN);AND MAKING OTHER RELATED FINDINGS AND PROVISIONS RELATED THERETO. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS,THAT: Section 1: The restrictive turn movement on 19th Street at Sam Houston Avenue(no left turn)is hereby repealed. Section 2: Schedule XI,Restrictive Turn Movements,of Chapter 12,Motor Vehicles and Traffic, of the Code of Ordinances of the City of Huntsville,Texas,shall be revised to reflect the amendments made by this ordinance. Section 3: The City Manager is authorized and directed to remove any signs at the above described intersection inconsistent with this ordinance. Section 4: This ordinance shall take effect immediately. PASSED AND APPROVED THIS 12th day of January, 1993. THE CITY OF HUNTSVILLE William H.Hodges,Mayor ATTEST: Danna Welter,City Secretary APP7D9��—S TOFORM: 6 Sco t Bounds,City Attorney RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: Ordinance 93-04 Authorize Equipment Acquisition C.O.-Backhoe 01-12-93 ORDINANCE NO 93-04 AN ORDINANCE AUTHORIZING ISSUANCE OF A CITY OF HUNTSVILLE, TEXAS, EQUIPMENT ACQUISITION CERTIFICATE OF OBLIGATION FOR A 1993 DIESEL POWERED BACKHOE IN THE AMOUNT OF$27,971;AND CONTAINING OTHER PROVISIONS RELATED TO THE SUBJECT. WHEREAS the City Council of the City of Huntsville received competitive bids for a 1993 diesel powered backhoe, and awarded a contract for the purchase of such equipment in accordance with Texas Local Government Code Chapter 271 to Mustang Tractor and Equipment,in the amount of$27,971;and WHEREAS the City published notice of intention to issue a Certificate of Obligation payable from City ad valorem taxes for the purpose of evidencing the indebtedness of the City for all or part of the purchase of the 1993 diesel powered backhoe at an amount not to exceed$35,000;and WHEREAS the notice of intention to issue a Certificate of Obligation was published at the times and in the manner required by Texas Local Government Code Chapter 271 on November 29 and December 6,1992. NOW,THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE,TEXAS;that: Section 1: The City Council ratifies the contract with Mustang Tractor and Equipment to purchase the 1993 diesel powered backhoe and hereby confirms the purchase of such equipment. Section 2: An interest bearing Certificate of Obligation of the City of Huntsville,Texas, to be known and designated as "City of Huntsville, Texas, Equipment Acquisition Certificate of Obligation" is hereby authorized to be issued and delivered in the principal amount of$27,971 for the purpose of acquiring the 1993 diesel powered backhoe for use by the City, and the Mayor and City Secretary shall have joint control of the certificate for the purpose of delivering same to the owner in accordance herewith. Section 3: The Certificate shall be dated January 12,1993,shall mature and be payable in five(5)equal installments (subject to the City's option of prior payment), shall be registered as hereinafter set forth,and shall be in the following basic form: Dated: January 12, 1993 Amount: $27,971 Issued: Register No.93-01 UNITED STATES OF AMERICA COUNTY OF WALKER STATE OF TEXAS CITY OF HUNTSVILLE,TEXAS,EQUIPMENT ACQUISITION CERTIFICATE OF OBLIGATION The City of Huntsville, a Municipal Corporation of the State of Texas, acknowledges itself indebted to and FOR VALUE RECEIVED hereby promises to pay to the registered owner hereof in installments and on the dates as below indicated the total sum of Twenty Seven Thousand Nine Hundred Seventy-One And No/100 Dollars ($27,971)in lawful money of the United States of America,with interest thereon from date of issue until paid at the rate of_per cent per annum,payable on and annually thereafter on the_day of of each and every year as hereinafter provided until such sum is fully paid. BOTH PRINCIPAL AND INTEREST on this Certificate of Obligation are hereby made payable in Huntsville,Walker County,Texas,without exchange or collection charges to the registered owner hereof,with such payments to be due on the dates and in the amounts as follows: DATE PRINCIPAL INTEREST TOTAL 1994 $ $ $ 1995 1996 1997 1998 The City reserves the right to prepay all or any part of this Certificate at any time prior to the due date or maturity thereof without premium or penalty of any kind. It is hereby certified and recited that all acts,conditions and things required to be done precedent to and in the issuance of this Certificate of Obligation,to render the same lawful and valid have been properly done,have happened and have been performed in regular and due time, form and manner as required by law; that due and proper provision has been made for the levy of a direct and continuing annual ad valorem tax against all taxable property within the said City sufficient to pay the interest on this Certificate of Obligation as due and to provide for the payment of each installment of principal as same matures;that the City has received full value and consideration for this Certificate of Obligation and that the total indebtedness of the City of Huntsville,including this Certificate of Obligation,does not exceed any constitutional or statutory limitation. This Certificate shall be registered as to principal and interest in the owner's name upon books of the City to be kept for that purpose at the office of the Finance Director of the City,the registrar,such registration to be noted hereon. After such registration,no transfer of this Certificate shall be valid unless made on the City's books at the request of the registered owner hereof,or his duly authorized agent,and similarly noted hereon. IN TESTIMONY WHEREOF the City Council has caused the seal of said City to be impressed hereon and this Certificate of Obligation to be signed by the Mayor and attested to by the City Secretary, the date of this Certificate of Obligation being the_day of , 1993. DATE OF INITIAL DELIVERY OF THIS CERTIFICATE: W.H.Hodges,Mayor ATTEST: Danna Welter,City Secretary ASSIGNMENT AND TRANSFER Full consideration therefor being hereby acknowledged,this Certificate of Obligation was delivered to Mustang Tractor and Equipment,the original holder,on this the day of 1993, and by it hereby assigned and transferred to MUSTANG TRACTOR AND EQUIPMENT By CERTIFICATE OF REGISTRATION IT IS HEREBY CERTIFIED that I have this day registered this Certificate as to principal in the name of the holder as indicated in the registration blank below, on the books kept by me for such purpose. The principal of and interest on this Certificate shall be payable only to the registered holder named in the below registration blanks. Signature of Name of Date of Finance Director Registered Holder Registration (Registrar) Section 4: While the Certificate of Obligation or installment thereof is outstanding and unpaid,there shall be annually levied,assessed and collected in due time,form and manner a tax upon all of the taxable property in the City sufficient to pay the current interest thereon and to create sinking fund sufficient to pay each installment of principal as same becomes due, or a sinking fund of 2%, whichever is greater; and in order to pay the interest on the Certificate of Obligation for the first year and to create a sinking fund with which to pay the principal as the same becomes due, or a sinking fund of 2%,whichever is greater,there is hereby levied a sufficient tax on the taxable property in the City for the current year, and the same shall be assessed and collected and applied to the purposes named; and while the Certificate of Obligation is outstanding and unpaid,a tax each year at a rate from year to year as will be ample and sufficient to provide funds to pay the then current interest on the Certificate of Obligation and to provide the necessary sinking fund, full allowance being made for delinquencies and costs of collection,shall be and is hereby levied for each year, respectively, and the tax shall each year be assessed and collected and applied to the payment of the principal of and interest on the Certificate of Obligation, to be kept separate and apart from all other funds of the City. The City Council hereby declares and covenants that it will provide and levy a tax legally and fully sufficient for the Certificate of Obligation,it having been determined that the existing and available taxing authority of the City for such purposes is adequate to permit a legally sufficient tax in consideration of all other outstanding obligations. Section 5: The Mayor and City Secretary are hereby empowered and directed to proceed with the delivery of the Certificate of Obligation and the closing of the acquisition at the earliest practicable date and are authorized to complete the same in accordance with the terms hereof and to do all things necessary or prerequisite thereto. Section 6: The Certificate shall bear interest from the date of initial delivery shown on the face of each Certificate at a rate per annum not in excess of that prescribed by Article 717k-2,Texas Revised Civil Statutes,as amended,until maturity, or upon prepayment. At the time the Certificate of Obligation is issued the Certificate shall be registered and recorded by such register number on the books of said City to the registered owner thereof. Section 7: This ordinance shall take effect and be in force from and after its passage and approval. Section 8: Notwithstanding any other provision in the within ordinance to the contrary, as to the authorized issuing date for the Certificate of Obligation, the certificate shall be dated and bear interest from date of delivery and execution by the Mayor and City Secretary. PASSED AND APPROVED this 12th day of January, 1993. CITY OF HUNTSVILLE,TEXAS W.H.Hodges,Mayor ATTEST: / -C ati( j Danna Welter,City Secretary APPROVED: IZZ Sc tt Bo ds,City Attorney RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: Ordinance 93-5 Canvass Municipal Election of 01-16-93 01-19-93 ORDINANCE NO.93-_p_5 AN ORDINANCE CANVASSING THE RETURNS OF THE REGULAR MUNICIPAL ELECTION HELD WITHIN THE CITY OF HUNTSVILLE ON THE 16TH DAY OF JANUARY,1993,FOR THE PURPOSE OF ELECTING A MAYOR AT LARGE, AND FOUR COUNCILMEMBERS, ONE FROM EACH OF THE CITY'S FOUR WARDS ONE,TWO,THREE AND FOUR; DECLARING THE RESULTS OF THE ELECTION; FINDING THAT NOTICE OF THE ELECTION WAS DULY AND PROPERLY GIVEN,THAT THE ELECTION WAS PROPERLY HELD AND RETURNS THEREOF MADE BY THE PROPER OFFICIALS IN ACCORDANCE WITH THE LAWS OF THE STATE. WHEREAS pursuant to Section 6.07 of the Charter of the City of Huntsville, the City Council, at a regular meeting held on the 19th day of January, 1993, proceeded to canvass the returns of the regular municipal election held in the City on the 16th day of January, 1993,for the purpose of electing a Mayor and four Councilmembers, one from each of the City's four Wards;and WHEREAS the election was held under and pursuant to the provisions of Ordinance No. 92-20 calling the election; and WHEREAS the election having been duly and regularly had as called in the ordinance and according to law,and the returns thereof having been made and the election judges having certified the results of the election,as hereinafter set out,and the City Council having duly and regularly canvassed the returns of the election and finding that the total votes cast at the election were as follows: FOR MAYOR,AT LARGE BILL HODGES 522 WRITE-IN JAMES R.DESHAW 326 OTHER WRITE-INS 14 FOR COUNCILMEMBER,WARD ONE RON LANGE 144 WRITE-INS 8 FOR COUNCILMEMBER,WARD TWO WENDELL FLOYD 62 DAVE LUNING 166 MICHAEL PECK 108 CHARLOTTE O'SULLIVAN 8 WRITE-INS 1 FOR COUNCILMEMBER,WARD THREE CHARLES ROBINSON 102 JOANN MATTHEWS 111 WRITE-INS 0 FOR COUNCILMEMBER,WARD FOUR BRIAN ELVIN 30 HAROLD L.NORTON 109 WRITE-INS 0 WHEREAS the City Council of the City of Huntsville finds that the election returns set out above to be accurate and correct,and no election protest or contest has been filed with Council or instituted in connection with the election returns: NOW THEREFORE, BE IT ORDAINED BY THE CI'T'Y COUNCIL OF THE CITY OF HUNTSVILLE,TEXAS,that: SECTION 1:Bill Hodges received a majority of the votes cast at the election for the office of Mayor,at Large, and accordingly, Bill Hodges is declared elected to the office of Mayor,at Large,subject to the taking of his oath and filing bond as provided by the laws of the State of Texas. SECTION 2:Ron Lange received a majority of the votes cast at the election for the office of Councilmember Ward One,and accordingly,Ron Lange is declared elected to the office of Councilmember Ward One,subject to the taking of his oath and filing bond as provided by the laws of the State of Texas. SECTION 3:Dave Luning received 1.66 votes, Michael Peck received 108 votes, Wendell Floyd received 62 votes,Charlotte O'Sullivan received S votes,and there was 1 write-in vote. Accordingly, no candidate was elected by a majority of the votes. There will be a runoff election between Dave Luning and Michael Peck on January 30, 1993. SECTION 4:JoAnn Matthews received a majority of the votes cast at the election for the office of Councilmember Ward Three,and accordingly,JoAnn Matthews is declared elected to the office of Councilmember Ward Three,subject to the taking of her oath and filing bond as provided by the laws of the State of Texas. SECTION 5:Harold L.Norton received a majority of the votes cast at the election for the office of Councilmember Ward Four, and accordingly, Harold L. Norton is declared elected to the office of Councilmember Ward Four,subject to the taking of his oath and filing bond as provided by the laws of the State of Texas. SECTION 6:City Council finds that the notice of the election was duly and properly given as required by law and as provided in ordinance calling the election,and that the election was duly and regularly held and the returns thereof duly and regularly made by the proper officials of the election, and in all things according to the law. SECTION 7:This ordinance shall take effect immediately from and after its passage. APPROVED this 19th day of January, 1993. THE CITY OF HUNTSVILLE,TEXAS W.H.Hodges,Mayor ATTEST: Danna Welter,City Secretary APP R VED AS TO FORM: Scott Bou ds, City Attorney RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: Ordinance 93-6 Call Runoff Election for 01-30-93 01-19-93 ORDINANCE NO.93- 06 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, ORDERING A SPECIAL RUNOFF MUNICIPAL ELECTION TO BE HELD ON THE 30TH DAY OF JANUARY, 1993,FOR THE PURPOSE OF ELECTING ONE COUNCILMEMBER FROM WARD 2,PROVIDING FOR ELECTION OFFICERS;DESIGNATING THE PLACES AND MANNER OF HOLDING THE ELECTION;AND PROVIDING FOR THE POSTING AND PUBLICATION OF THIS NOTICE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS,that: SECTION 1:A runoff municipal election of the City of Huntsville,prescribed by Section 6.02 of the City Charter, shall be held between the hours of seven (7:00) o'clock a.m.and seven(7:00)o'clock p.m.on the 30th day of January, 1993, in the City for the purpose of electing a Councilmember from Ward 2. SECTION 2:Ward 2 is hereby divided into two(2)election precincts,each precinct to have the same boundaries as County election precinct numbers 201,and 206. The polling places and election officials for these election precincts shall be as follows: Election Precinct Polling Place Presiding Judge 201 First Presbyterian Church Betty Dunlap 1801 19th Street John Holcombe-Alt. 206 Region VI Education Building Mary Jeanne Coers 3332 Montgomery Road (F.M.1374) Patricia Hipps-Alt. 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. SECTION 4. One Councilmember shall be selected from Ward 2 by a majority vote of the registered voters of the City registered in Ward 2 and voting at the runoff election. The Councilmember to be elected shall hold office for a period of two(2)years. SECTION 5.The Councilmember shall be a citizen of the United States,qualified voter of the State of Texas,resident within the present corporate limits of Huntsville for at least twelve(12)months,a current resident of Ward 2,and current in payment of taxes and assessments due to the City. SECTION 6.The order in which the names of the candidates are to be printed on the ballot shall be determined by a drawing of the City Secretary as provided by section 52.094 of the Texas Election Code,after 24 hours posted notice. The form of the ballot for the election shall be as follows: OFFICIAL BALLOT Runoff Election City of Huntsville,Texas January 30, 1993 INSTRUCTION NOTE: Vote for the candidate of your choice in each race by placing an"X"in the square beside the candidate's name. Councilmember, Ward 2 (Vote for one) SECTION 7. City Secretary,Danna Welter,is appointed as the Early Voting Clerk,and City Hall 1212 Avenue M Huntsville,Texas 77340 is designated as the place for early voting for the election. The beginning date of early voting shall be January 20,1993,and the last day of early voting shall be January 26, 1993. During the lawful early voting period, the early voting clerk shall keep the place for early voting open for early voting from 8:00 a.m. to 5:00 p.m.on each day except Saturdays,Sundays,and official state holidays. SECTION 8.Darryl Patrick is appointed as the presiding judge of the early ballot board, and is directed to perform the duties required of such by Chapter 87 of the Texas Election Code. SECTION 9.The Mayor and City Secretary are directed to give notice of the election by: (a) publishing the notice at least ten (10)days before the election in the newspaper(Huntsville City Charter§6.02);and (b) posting at the City Hall bulletin board notice of the election at least fifteen(15)days before the election(Texas Election Code§2.026). The Mayor and City Secretary shall file with the City Secretary a copy of the notice as published, together with the name of the newspaper and the dates of publication. SECTION 10. This ordinance shall take effect from and after its passage. PASSED AND APPROVED this 19th day of January, 1993. THE CITY OF HUNTSVILLE By ": -William H.Hodges, Mayor ATTEST: Danna Welter,City Secretary APPROVED AS TO FORM: Jo 41 Scott 13unds,City Attorney RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: Ordinance 93-7 Canvass Runoff Election of 01-30-93 02-02-93 ORDINANCE NO.93-07 AN ORDINANCE CANVASSING THE RETURNS OF THE SPECIAL RUNOFF MUNICIPAL ELECTION HELD WITHIN WARD 2 OF THE CITY OF HUNTSVILLE ON THE 30TH DAY OF JANUARY, 1993, FOR THE PURPOSE OF ELECTING A COUNCILMEMBER FROM WARD TWO; DECLARING THE RESULTS OF THE ELECTION; FINDING THAT NOTICE OF THE ELECTION WAS DULY AND PROPERLY GIVEN; FINDING THAT THE ELECTION WAS PROPERLY HELD AND RETURNS THEREOF MADE BY THE PROPER OFFICIALS IN ACCORDANCE WITH THE LAWS OF THE STATE; AND DECLARING DAVE LUNING COUNCILMEMBER,WARD TWO. WHEREAS pursuant to Section 6.07 of the Charter of the City of Huntsville, the City Council, at a regular meeting held on the 2nd day of February, 1993, proceeded to canvass the returns of the runoff election held in the City on the 30th day of January,1993,for the purpose of electing a Councilmember from Ward Two;and WHEREAS the election was held under and pursuant to the provisions of Ordinance No. 93-06 calling the election; and WHEREAS the election having been duly and regularly had as called in the ordinance and according to law,and the returns thereof having been made and the election judges having certified the results of the election,as hereinafter set out,and the City Council having duly and regularly canvassed the returns of the election and finding that the total votes cast at the election were as follows: FOR COUNCILMEMBER,WARD TWO DAVE LUNING 177 MICHAEL PECK 152. WHEREAS the City Council of the City of Huntsville finds that the election returns set out above to be accurate and correct,and no election protest or contest has been filed with Council or instituted in connection with the election returns; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE,TEXAS,that: SECTION 1:Dave Luning received a majority of the votes cast at the election for the office of Councilmember Ward Two, and accordingly, Dave Luning is declared elected to the office of Councilmember Ward Two,subject to the taking of his oath and filing bond as provided by the laws of the State of Texas. SECTION 2: City Council finds that the notice of the election was duly and properly given as required by law and as provided in ordinance calling the election,and that the election was duly and regularly held and the returns thereof duly and regularly made by the proper officials of the election, and in all things according to the law. SECTION 3:This ordinance shall take effect immediately from and after its passage. APPROVED this 2nd day of February, 1993. THE CITY OF HUNTSVILLE,TEXAS W.H.Hodges,Mayor ATTEST: lt._aJu / fit c'�t J Danna Welter,City Secretary AP: . D. Sco t Bou ds,City Attorney RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: Ordinance 93-08 TRA/COH San.Sew.Sys.Install.Sale Contract 02-16-93 ORDINANCE NO. 93-08 ORDINANCE AUTHORIZING AND DIRECTING THE EXECUTION OF THE TRINITY RIVER AUTHORITY OF TEXAS - CITY OF HUNTSVILLE SANITARY SEWER SYSTEM FACILITIES INSTALLMENT SALE CONTRACT, PLEDGING AND APPROPRIATING WATERWORKS AND SEWER SYSTEM REVENUES AND LEVYING A CITY AD VALOREM TAX IN CONNECTION THEREWITH, AND PROVIDING FOR THE EFFECT OF SAID ORDINANCE AND CONTRACT BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE: SECTION 1 That, for and on behalf of the City of Huntsville, the Mayor of the City of Huntsville is hereby authorized and di- rected to sign, deliver, and otherwise execute, and the City Secretary of the City of Huntsville is hereby authorized and directed to sign, attest, and seal, the Trinity River Authority of Texas - City of Huntsville Sanitary Sewer System Facilities Installment Sale Contract (the "Contract") in substantially the form and substance attached to this Ordinance and made a part hereof for all purposes. SECTION 2 That, upon its execution by the parties thereto, the Contract shall be binding upon the City of Huntsville in accordance with its terms and provisions; and the revenues of the City's combined waterworks and sewer system are hereby pledged and appropriated to making payments under the Contract as provided therein. SECTION 3 That during each year during the term of said Contract the Council of the City of Huntsville shall compute and ascertain a rate and amount of ad valorem tax which will be sufficient to raise and produce annually the money necessary to make any payments, including indemnities, required to be made by the City under the Contract, and to create a sinking fund of at least 2% as required by Article 11, Section 5 of the Texas Constitution; and said tax shall be based on the latest ap- proved tax rolls of the City, with full allowance being made for tax delinquencies and costs of tax collection. Said rate and amount of ad valorem tax is hereby levied, and is hereby ordered to be levied, against all taxable property in the City for each year during the term of the Contract; and said tax shall be assessed and collected for each year and used for making the aforesaid payments to the extent required by the Contract. Said ad valorem taxes sufficient to provide for making the aforesaid payments are hereby pledged irrevocably for such payment, within the limit prescribed by law. SECTION,4 That this Ordinance shall take effect and be in full force and effect from and after the date of its passage, and it is so ordained; and all ordinances and resolutions of the City of Huntsville in conflict herewith are hereby amended or repealed to the extent of such conflict. --------------------------------- CERTIFICATE FOR ORDINANCE AUTHORIZING AND DIRECTING THE EXECUTION OF THE TRINITY RIVER AUTHORITY OF TEXAS - CITY OF HUNTSVILLE SANITARY SEWER SYSTEM FACILITIES INSTALLMENT SALE CON- TRACT, PLEDGING AND APPROPRIATING WATERWORKS AND SEWER SYSTEM REVENUES AND LEVYING A CITY AD VALOREM TAX IN CONNECTION THEREWITH, AND PROVIDING FOR THE EFFECT OF SAID ORDINANCE AND CONTRACT THE STATE OF TEXAS COUNTY OF WALKER CITY OF HUNTSVILLE We, the undersigned officers of the City of Huntsville, Texas, hereby certify as follows: 1. The City Council of the City of Huntsville convened in REGULAR MEETING ON THE 16th DAY OF FEBRUARY, 1993, at the City Hall, and the roll was called of the duly consti- tuted officers and members of said City Council, to-wit: Danna Welter, City Secretary W. H. Hodges, Mayor Dan S. Davis Dave Luning Jim Carter Ila G. Gaines William B. Green Ronald L. Lange JoAnn Matthews Harold Norton and all of said persons were present, except the following absentees: Mayor W H Hodges ' thus constituting a quorum. Whereupon, among other business, the following was transacted at said Meeting: a written ORDINANCE AUTHORIZING AND DIRECTING THE EXECUTION OF THE TRINITY RIVER AUTHORITY OF TEXAS - CITY OF HUNTSVILLE SANITARY SEWER SYSTEM FACILITIES INSTALLMENT SALE CON- TRACT, PLEDGING AND APPROPRIATING WATERWORKS AND SEWER SYSTEM REVENUES AND LEVYING A CITY AD VALOREM TAX IN CONNECTION THEREWITH, AND PROVIDING FOR THE EFFECT OF SAID ORDINANCE AND CONTRACT was duly introduced for the consideration of said City council and duly read. It was then duly moved and seconded that said Ordinance be passed on first and final reading, to become effective immediately; and, after due discussion, said motion, carrying with it the final passage of said Ordinance, prevailed and carried by the following record vote: AYES: All members of said City Council shown present above voted "Aye". NOES: None. 2. That a true, full, and correct copy of the aforesaid Ordinance passed at the Meeting described in the above and foregoing paragraph is attached to and follows this certifi- cate; that said Ordinance has been duly recorded in said City Council's minutes of said Meeting; that the above and foregoing paragraph is a true, full, and correct excerpt from said City Council's minutes of said Meeting pertaining to the passage of said Ordinance; that the persons named in the above and forego- ing paragraph are the duly chosen, qualified, and acting officers and members of said City Council as indicated therein; and that each of the officers and members of said City Council was duly and sufficiently notified officially and personally, in advance, of the time, place, and purpose of the aforesaid Meeting, and that said Ordinance would be introduced and considered for passage at said Meeting; and that said Meeting was open to the public, and public notice of the time, place, and purpose of said Meeting was given, all as required by Vernon's Ann. Civ. St. Article 6252-17. 3. That the Mayor of said City has approved, and hereby approves, the aforesaid Ordinance; that the Mayor and the City Secretary of said City have duly signed said Ordinance; and that the Mayor and the City Secretary of said City hereby declare that their signing of this Certificate shall constitute the signing of the attached and following copy of said Ordi- nance for all purposes. SIGNED AND SEALED the 16th day of �February, 1993. City Secretary Mayor (CITY SEAL) I, the undersigned, City Attorney of the City of Huntsville, Texas, hereby certify that I read and approved as to legality the attached and foil wing Ordinance prior to its passage. City A rney, City of Huntsville, Texas RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: Ordinance 93-9 Emergency Purchase of Pipe 02-22-93 ORDINANCE NO.93-09 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE,TEXAS,FINDING THAT THE CITY IS NOT REQUIRED TO COMPLY WITH THE COMPETITIVE BID PROCEDURE OF SUBCHAPTER B,CHAPTER 252 OF THE TEXAS LOCAL GOVERNMENT CODE;AUTHORIZING THE PURCHASE OF PIPE FOR A WATER LINE ON AN EXPEDITED BASIS; AND MAKING OTHER PROVISIONS RELATED THERETO. NOW,THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE,TEXAS,that SECTION 1:The City Council finds that the purchase of pipe for extension of water service to the Texas Department of Corrections-Institutional Division is exempt from the competitive bidding requirements of Subchapter B, Chapter 252 of the Texas Local Government Code because the procurement is necessary to protect the public health and safety of the City's residents. SECTION 2:The City Council finds that the City has substantially complied with the competitive bidding requirements of Chapter 252 of the Texas Local Government Code by giving notice of intent to contract for the purchase of certain water pipe, by soliciting bids for such purchase, by receiving competitive bids for such pipe,and by awarding the purchase contract to the low bidder. SECTION 3:The City Council awards a contract to Golden Triangle Pipe Company in the amount of$15,847 for the purchase of 2300'of 12"pvc water line pipe. SECTION 4:This ordinance shall take effect from and after its passage. PASSED by the City Council of the City of Huntsville, Texas on this the 22nd day of February, 1993. CITY OF HUNTSVILLE,TEXAS W.H.Ho ges,Mayor ATTEST: TTEST: Danna Welter,City Secretary AP ROVED AS TO FORM: Scott Bounds,City Attorney RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: Ordinance 93-10 Notice of Intent to Issue C.O.-Rd.Repair 03-23-93 ORDINANCE NO.93-10 AN ORDINANCE AUTHORIZING PUBLICATION OF NOTICE TO BIDDERS AND NOTICE OF INTENTION TO ISSUE CERTIFICATES OF OBLIGATION FOR A ROAD REPAIR UNIT; AND MAKING VARIOUS PROVISIONS RELATED THERETO. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS,that: SECTION 1:The City Manager is hereby authorized and directed to cause to be published a notice to bidders and notice to issue Certificates of Obligation in substantially the following form: NOTICE TO BIDDERS AND NOTICE OF INTENTION TO ISSUE CERTIFICATE OF OBLIGATION ROAD REPAIR UNIT BID NO.93-25 NOTICE IS HEREBY GIVEN that the City of Huntsville,Texas,is now accepting sealed bids for a new and unused road repair unit. Bids will be received until 11:00 a.m.,Friday,April 9,1993, in the City of Huntsville Council Chambers,1212 Avenue M,at which time bids will be opened. The City Council tentatively proposes to let a contract for such purpose and to authorize issuance of a Certificate of Obligation, in accordance with the terms and provisions of this notice,at its March 23,1993 meeting or at a subsequent meeting of the City Council in City Hall. Copies of specifications are on file and may be obtained or examined at the o ice of the Purchasing Department at City Hall at 1212 Avenue M. The City reserves the right to accept any bid deemed most advantageous,including alternates,to reject any or all bids,and to waive any informality. It is the intention of the City to pay all or any part of any contractual obligation to be incurred for such purchase by the issuance of a Certificate of Obligation of the City pursuant to Texas Local Government Code Chapter 271 and payable from City ad valorem taxes,in the maximum aggregate principal amount of$20,000,bearing interest at a rate not in excess of that prescribed by Texas Revised Civil Statutes Article 717k-2,and maturing over a period of years not to exceed 20 years from the date thereof. The successful bidder will be required to accept the Certificate of Obligation in payment of all or any part of time contract price. The City Council has made provisions for each contractor to sell and assign the Certificate of Obligation and each bidder is required to elect whether the contractor will accept the Certificate in payment of all or a part of the contract price,or assign the Certificate in accordance with such arrangements. To be published March 26 and April 2,1993. SECTION 2:The notice set forth in Section 1 shall be published once a week for two(2) consecutive weeks in the Huntsville Item,a paper that is of general circulation in the City of Huntsville and that has been duly designated as the official newspaper of the City. The date of first publication shall not be less than fourteen (14) days prior to the date set in the notice for the receipt and opening of bids by the City. SECTION 3:This ordinance shall take effect and be in full force and effect immediately after its passage. PASSED AND APPROVED this 23rd day of March, 1993. THE CITY OF HUNTSVILLE,TEXAS W.H.Hodges,Mayor ATTEST: 0101 1 UZJ-�tjj-a J banna Welter,City Secretary APPROVED AS TO FORM: Scott 136finds,City Attorney RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: Ordinance 93-11 Notice of Intention to Issue C.O.-Cab&Chassis 03-23-93 ORDINANCE NO.93-11 AN ORDINANCE AUTHORIZING PUBLICATION OF NOTICE TO BIDDERS AND NOTICE OF INTENTION TO ISSUE CERTIFICATES OF OBLIGATION FOR A 1993 CAB AND CHASSIS;AND MAKING VARIOUS PROVISIONS RELATED THERETO. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS,that: SECTION 1:The City Manager is hereby authorized and directed to cause to be published a notice to bidders and notice to issue Certificates of Obligation in substantially the following form: NOTICE TO BIDDERS AND NOTICE OF INTENTION TO ISSUE CERTIFICATE OF OBLIGATION 1993 CAB AND CHASSIS BID NO.93-26 NOTICE IS HEREBY GIVEN that the City of Huntsville,Texas,is now accepting sealed bids for a new and unused 1993 cab and chassis. Bids will be received until 11:30 a.m.,Friday,April 9, 1993,in the City of Huntsville Council Chambers, 1212 Avenue M,at which time bids will be opened. The City Council tentatively proposes to let a contract for such purpose and to authorize issuance of a Certificate of Obligation,in accordance with the terms and provisions of this notice, at its March 23,1993 meeting or at a subsequent meeting of the City Council in City Hall. Copies of specifications are on file and may be obtained or examined at the office of the Purchasing Department at City Hall at 1212 Avenue M. The City reserves the right to accept any bid deemed most advantageous,including alternates,to reject any or all bids,and to waive any informality. It is the intention of the City to pay all or any part of any contractual obligation to be incurred for such purchase by the issuance of a Certificate of Obligation of the City pursuant to Texas Local Government Code Chapter 271 and payable from City ad valorem taxes,in the maximum aggregate principal amount of$40,000,bearing interest at a rate not in excess of that prescribed by Texas Revised Civil Statutes Article 717k-2,and maturing over a period of years not to exceed 20 years from the date thereof. The successful bidder will be required to accept tire Certificate of Obligation in payment of all or any part of the contract price. The City Council has made provisions for each contractor to sell and assign the Certificate of Obligation and each bidder is required to elect whether the contractor will accept the Certificate in payment of all or a part of the contract price,or assign the Certificate in accordance with such arrangements. To be published March 26 and April 2,1993. SECTION 2:The notice set forth in Section 1 shall be published once a week for two(2) consecutive weeks in the Huntsville Item,a paper that is of general circulation in the City of Huntsville and that has been duly designated as the official newspaper of the City. The date of first publication shall not be less than fourteen (14) days prior to the date set in the notice for the receipt and opening of bids by the City. SECTION 3:This ordinance shall take effect and be in full force and effect immediately after its passage. PASSED AND APPROVED this 23rd day of March, 1993. THE CITY OF HUNTSVILLE,TEXAS V.H.Hodges,Mayor ATTEST: /a Danna Welter,City Secretary APPROVED AS TO FORM:Scott Bound,City Attorney RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: Ordinance 93-12 Claim/Deliver C.O.-Backhoe 04-06-93 i I f ORDINANCE NO.93-12 AN ORDINANCE APPROVING CLAIM AND DELIVERY OF CERTIFICATES OF OBLIGATION FOR A 1993 DIESEL POWERED BACKHOE; AND CONTAINING OTHER PROVISIONS RELATED HERETO. WHEREAS the City Council of the City of Huntsville,Texas(City),by Ordinance No. 92-25, found that it was advisable for the City to purchase a 1993 diesel powered backhoe and that Certificates of Obligation be issued by the City for all or any part of the cost of same; and WHEREAS the notice for the action to issue Certificates of Obligation was published at the times and in the manner required by law; and WHEREAS the City awarded a contract to Mustang Tractor and Equipment in the amount of$27,971 as the lowest and best bid for the purchase of the 1993 diesel powered backhoe; and WHEREAS the City Council wishes to authorize payment thereof and delivery of a Certificate of Obligation. THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE,TEXAS,that: SECTION 1: There is now due and owing to Mustang Tractor and Equipment the sum of $27,971. SECTION 2: The Certificate of Obligation herein authorized to be delivered shall bear interest at the rate of 4.98%per annum from date of initial delivery shown on the face of such certificate. SECTION 3: There shall be executed and delivered to Mustang Tractor and Equipment a City of Huntsville, Texas, Equipment Acquisition Certificate of Obligation, dated April 7, 1993. SECTION 4: The Mayor, City Secretary and other appropriate City officials are hereby authorized and directed to deliver the Certificate and to do any and all things necessary or convenient to carry out the terms of this ordinance. INTRODUCED,READ AND PASSED by the unanimous vote of the City Council of the City of Huntsville, on this the 6th day of April, 1993. CITY OF HUNTSVILLE,TEXAS W.H.Hodges,Mayor ATTEST: Danna Welter,City Secretary APP OVED AS TO FORM: Scott Bou ds,City Attorney RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: Ordinance 93-13 CO-Authorize Issuance/Cab&Chassis 04-20-93 Jl ORDINANCE NO 93-13 AN ORDINANCE AUTHORIZING ISSUANCE OF A CITY OF HUNTSVILLE, TEXAS, EQUIPMENT ACQUISITION CERTIFICATE OF OBLIGATION FOR A 1993 CAB AND CHASSIS IN THE AMOUNT OF$32,845;AND CONTAINING OTHER PROVISIONS RELATED TO THE SUBJECT. WHEREAS the City Council of the City of Huntsville received competitive bids for a 1993 cab and chassis,and awarded a contract for the purchase of such equipment in accordance with Texas Local Government Code Chapter 271 to Knapp Chevrolet,in the amount of$32,845;and WHEREAS the City published notice of intention to issue a Certificate of Obligation payable from City ad valorem taxes for the purpose of evidencing the indebtedness of the City for all or part of the purchase of the 1993 cab and chassis at an amount not to exceed$40,000;and WHEREAS the notice of intention to issue a Certificate of Obligation was published at the times and in the manner required by Texas Local Government Code Chapter 271 on March 26 and April 2, 1993. NOW,THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE,TEXAS;that: Section 1: The City Council ratifies the contract with Knapp Chevrolet to purchase the 1993 cab and chassis and hereby confirms the purchase of such equipment. Section 2: An interest bearing Certificate of Obligation of the City of Huntsville,Texas, to be known and designated as "City of Huntsville, Texas, Equipment Acquisition Certificate of Obligation" is hereby authorized to be issued and delivered in the principal amount of$32,845 for the purpose of acquiring the 1993 cab and chassis for use by the City, and the Mayor and City Secretary shall have joint control of the certificate for the purpose of delivering same to the owner in accordance herewith. Section 3: The Certificate shall be dated April 20,1993,shall mature and be payable in five(5)equal installments(subject to the City's option of prior payment),shall be registered as hereinafter set forth,and shall be in the following basic form: Dated: April 20,1993 Amount: $32,845 Issued: Register No.93-02 UNITED STATES OF AMERICA COUNTY OF WALKER STATE OF TEXAS CITY OF HUNTSVILLE,TEXAS,EQUIPMENT ACQUISITION CERTIFICATE OF OBLIGATION The City of Huntsville, a Municipal Corporation of the State of Texas, acknowledges itself indebted to and FOR VALUE RECEIVED hereby promises to pay to the registered owner hereof in installments and on the dates as below indicated the total sum of Thirty Two Thousand Eight Hundred Forty-Five And No/100 Dollars ($32,845)in lawful money of the United States of America,with interest thereon from date of issue until paid at the rate of_per cent per annum,payable on and annually thereafter on the_day of of each and every year as hereinafter provided until such sum is fully paid. BOTH PRINCIPAL AND INTEREST on this Certificate of Obligation are hereby made payable in Huntsville,Walker County,Texas,without exchange or collection charges to the registered owner hereof,with such payments to be due on the dates and in the amounts as follows: DATE PRINCIPAL INTEREST TOTAL 1994 $ $ $ 1995 1996 1997 1998 The City reserves the right to prepay all or any part of this Certificate at any time prior to the due date or maturity thereof without premium or penalty of any kind. It is hereby certified and recited that all acts,conditions and things required to be done precedent to and in the issuance of this Certificate of Obligation,to render the same lawful and valid have been properly done,have happened and have been performed in regular and due time, form and manner as required by law; that due and proper provision has been made for the levy of a direct and continuing annual ad valorem tax against all taxable property within the said City sufficient to pay the interest on this Certificate of Obligation as due and to provide for the payment of each installment of principal as same matures;that the City has received full value and consideration for this Certificate of Obligation and that the total indebtedness of the City of Huntsville,including this Certificate of Obligation,does not exceed any constitutional or statutory limitation. This Certificate shall be registered as to principal and interest in the owner's name upon books of the City to be kept for that purpose at the office of the Finance Director of the City,the registrar,such registration to be noted hereon. After such registration,no transfer of this Certificate shall be valid unless made on the City's books at the request of the registered owner hereof,or his duly authorized agent,and similarly noted hereon. IN TESTIMONY WHEREOF the City Council has caused the seal of said City to be impressed hereon and this Certificate of Obligation to be signed by the Mayor and attested to by the City Secretary, the date of this Certificate of Obligation being the_day of ,1993. DATE OF INITIAL DELIVERY OF THIS CERTIFICATE: W.H.Hodges,Mayor ATTEST: Danna Welter,City Secretary ASSIGNMENT AND TRANSFER Full consideration therefor being hereby acknowledged,this Certificate of Obligation was delivered to Knapp Chevrolet, the original holder, on this the day of 1993, and by it hereby assigned and transferred to KNAPP CHEVROLET BY CERTIFICATE OF REGISTRATION IT IS HEREBY CERTIFIED that I have this day registered this Certificate as to principal in the name of the holder as indicated in the registration blank below, on the books kept by me for such purpose. The principal of and interest on this Certificate shall be payable only to the registered holder named in the below registration blanks. Signature of Name of Date of Finance Director Registered Holder Registration (Registrar) Section 4: While the Certificate of Obligation or installment thereof is outstanding and unpaid,there shall be annually levied,assessed and collected in due time,form and manner a tax upon all of the taxable property in the City sufficient to pay the current interest thereon and to create sinking fund sufficient to pay each installment of principal as same becomes due, or a sinking fund of 2%, whichever is greater; and in order to pay the interest on the Certificate of Obligation for the first year and to create a sinking fund with which to pay the principal as the same becomes due, or a sinking fund of 2%, whichever is greater,there is hereby levied a sufficient tax on the taxable property in the City for the current year, and the same shall be assessed and collected and applied to the purposes named; and while the Certificate of Obligation is outstanding and unpaid,a tax each year at a rate from year to year as will be ample and sufficient to provide funds to pay the then current interest on the Certificate of Obligation and to provide the necessary sinking fund, full allowance being made for delinquencies and costs of collection,shall be and is hereby levied for each year, respectively, and the tax shall each year be assessed and collected and applied to the payment of the principal of and interest on the Certificate of Obligation, to be kept separate and apart from all other funds of the City. The City Council hereby declares and covenants that it will provide and levy a tax legally and fully sufficient for the Certificate of Obligation,it having been determined that the existing and available taxing authority of the City for such purposes is adequate to permit a legally sufficient tax in consideration of all other outstanding obligations. Section 5: The Mayor and City Secretary are hereby empowered and directed to proceed with the delivery of the Certificate of Obligation and the closing of the acquisition at the earliest practicable date and are authorized to complete the same in accordance with the terms hereof and to do all things necessary or prerequisite thereto. Section 6: The Certificate shall bear interest from the date of initial delivery shown on the face of each Certificate at a rate per annum not in excess of that prescribed by Article 717k-2,Texas Revised Civil Statutes,as amended,until maturity, or upon prepayment. At the time the Certificate of Obligation is issued the Certificate shall be registered and recorded by such register number on the books of said City to the registered owner thereof. Section 7: This ordinance shall take effect and be in force from and after its passage and approval. Section 8: Notwithstanding any other provision in the within ordinance to the contrary, as to the authorized issuing date for the Certificate of Obligation, the certificate shall be dated and bear interest from date of delivery and execution by the Mayor and City Secretary. PASSED AND APPROVED this 20th day of April, 1993. CITY OF HUNTSVILLE,TEXAS W.H.Hodges,Mayor ATTEST: Danna Welter,City Secretary APP VED: Scott 116unds,City At orney RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: Ordinance 93-14 CO-Authorize Issuance/Road Repair Unit 04-20-93 ORDINANCE NO 93-14 AN ORDINANCE AUTHORIZING ISSUANCE OF A CITY OF HUNTSVILLE, TEXAS, EQUIPMENT ACQUISITION CERTIFICATE OF OBLIGATION FOR A ROAD REPAIR UNIT IN THE AMOUNT OF $15,609; AND CONTAINING OTHER PROVISIONS RELATED TO THE SUBJECT. WHEREAS the City Council of the City of Huntsville received competitive bids for a road repair unit, and awarded a contract for the purchase of such equipment in accordance with Texas Local Government Code Chapter 271 to Texas High Roller,in the amount of$15,609;and WHEREAS the City published notice of intention to issue a Certificate of Obligation payable from City ad valorem taxes for the purpose of evidencing the indebtedness of the City for all or part of the purchase of the road repair unit at an amount not to exceed$20,000;and WHEREAS the notice of intention to issue a Certificate of Obligation was published at the times and in the manner required by Texas Local Government Code Chapter 271 on March 26 and April 2,1993. NOW,THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE,TEXAS; that: Section 1: The City Council ratifies the contract with Texas High Roller to purchase the road repair unit and hereby confirms the purchase of such equipment. Section 2: An interest bearing Certificate of Obligation of the City of Huntsville,Texas, to be known and designated as "City of Huntsville, Texas, Equipment Acquisition Certificate of Obligation" is hereby authorized to be issued and delivered in the principal amount of$15,609 for the purpose of acquiring the road repair unit for use by the City,and the Mayor and City Secretary shall have joint control of the certificate for the purpose of delivering same to the owner in accordance herewith. Section 3: The Certificate shall be dated April 20,1993,shall mature and be payable in five(5)equal installments(subject to the City's option of prior payment),shall be registered as hereinafter set forth,and shall be in the following basic form: Dated: April 20, 1993 Amount: $15,609 Issued: Register No.93-03 UNITED STATES OF AMERICA COUNTY OF WALKER STATE OF TEXAS CITY OF HUNTSVILLE,TEXAS,EQUIPMENT ACQUISITION CERTIFICATE OF OBLIGATION The City of Huntsville, a Municipal Corporation of the State of Texas, acknowledges itself indebted to and FOR VALUE RECEIVED hereby promises to pay to the registered owner hereof in installments and on the dates as below indicated the total sum of Fifteen Thousand Six Hundred Nine And No/100 Dollars ($15,609)in lawful money of the United States of America,with interest thereon from date of issue until paid at the rate of_per cent per annum,payable on , and annually thereafter on the_day of of each and every year as hereinafter provided until such sum is fully paid. BOTH PRINCIPAL AND INTEREST on this Certificate of Obligation are hereby made payable in Huntsville,Walker County,Texas,without exchange or collection charges to the registered owner hereof,with such payments to be due on the dates and in the amounts as follows: DATE PRINCIPAL INTEREST TOTAL 1994 $ $ $ 1995 1996 1997 1998 The City reserves the right to prepay all or any part of this Certificate at any time prior to the due date or maturity thereof without premium or penalty of any kind. It is hereby certified and recited that all acts,conditions and things required to be done precedent to and in the issuance of this Certificate of Obligation,to render the same lawful and valid have been properly done,have happened and have been performed in regular and due time, form and manner as required by law; that due and proper provision has been made for the levy of a direct and continuing annual ad valorem tax against all taxable property within the said City sufficient to pay the interest on this Certificate of Obligation as due and to provide for the payment of each installment of principal as same matures;that the City has received full value and consideration for this Certificate of Obligation and that the total indebtedness of the City of Huntsville,including this Certificate of Obligation,does not exceed any constitutional or statutory limitation. This Certificate shall be registered as to principal and interest in the owner's name upon books of the City to be kept for that purpose at the office of the Finance Director of the City,the registrar,such registration to be noted hereon. After such registration,no transfer of this Certificate shall be valid unless made on the City's books at the request of the registered owner hereof,or his duly authorized agent,and similarly noted hereon. IN TESTIMONY WHEREOF the City Council has caused the seal of said City to be impressed hereon and this Certificate of Obligation to be signed by the Mayor and attested to by the City Secretary, the date of this Certificate of Obligation being the_day of , 1993. DATE OF INITIAL DELIVERY OF THIS CERTIFICATE: W.H.Hodges,Mayor ATTEST: Danna Welter,City Secretary ASSIGNMENT AND TRANSFER Full consideration therefor being hereby acknowledged,this Certificate of Obligation was delivered to Texas High Roller, the original holder, on this the day of 1993, and by it hereby assigned and transferred to TEXAS HIGH ROLLER By CERTIFICATE OF REGISTRATION IT IS HEREBY CERTIFIED that I have this day registered this Certificate as to principal in the name of the holder as indicated in the registration blank below, on the books kept by me for such purpose. The principal of and interest on this Certificate shall be payable only to the registered holder named in the below registration blanks. Signature of Name of Date of Finance Director Registered Holder Registration (Registrar) Section 4: While the Certificate of Obligation or installment thereof is outstanding and unpaid,there shall be annually levied,assessed and collected in due time,form and manner a tax upon all of the taxable property in the City sufficient to pay the current interest thereon and to create sinking fund sufficient to pay each installment of principal as same becomes due, or a sinking fund of 2%, whichever is greater; and in order to pay the interest on the Certificate of Obligation for the first year and to create a sinking fund with which to pay the principal as the same becomes due, or a sinking fund of 2%, whichever is greater,there is hereby levied a sufficient tax on the taxable property in the City for the current year, and the same shall be assessed and collected and applied to the purposes named; and while the Certificate of Obligation is outstanding and unpaid,a tax each year at a rate from year to year as will be ample and sufficient to provide funds to pay the then current interest on the Certificate of Obligation and to provide the necessary sinking fund, full allowance being made for delinquencies and costs of collection,shall be and is hereby levied for each year, respectively, and the tax shall each year be assessed and collected and applied to the payment of the principal of and interest on the Certificate of Obligation, to be kept separate and apart from all other funds of the City. The City Council hereby declares and covenants that it will provide and levy a tax legally and fully sufficient for the Certificate of Obligation,it having been determined that the existing and available taxing authority of the City for such purposes is adequate to permit a legally sufficient tax in consideration of all other outstanding obligations. Section 5: The Mayor and City Secretary are hereby empowered and directed to proceed with the delivery of the Certificate of Obligation and the closing of the acquisition at the earliest practicable date and are authorized to complete the same in accordance with the terms hereof and to do all things necessary or prerequisite thereto. Section 6: The Certificate shall bear interest from the date of initial delivery shown on the face of each Certificate at a rate per annum not in excess of that prescribed by Article 717k-2,Texas Revised Civil Statutes,as amended,until maturity, or upon prepayment. At the time the Certificate of Obligation is issued the Certificate shall be registered and recorded by such register number on the books of said City to the registered owner thereof. Section 7: This ordinance shall take effect and be in force from and after its passage and approval. Section 8: Notwithstanding any other provision in the within ordinance to the contrary, as to the authorized issuing date for the Certificate of Obligation, the certificate shall be dated and bear interest from date of delivery and execution by the Mayor and City Secretary. PASSED AND APPROVED this 20th day of April, 1993. CITY OF HUNTSVILLE,TEXAS W.H.Hodges,Mayor ATTEST: Danna Welter,City Secretary APPR D: Scot Boun s,City Attorney RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: Ordinance 93-15 Amending Cafeteria Plan/Medical Reimb. 05-04-93 ORDINANCE NO.93-15 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE,TEXAS,AMENDING ITS CAFETERIA PLAN TO PROVIDE A MEDICAL EXPENSES REIMBURSEMENT PROGRAM;AND MAKING OTHER PROVISIONS RELATED THERETO. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS,that SECTION 1:Ordinance 88-13,An Ordinance of the City of Huntsville,Texas,Establishing a Cafeteria Plan for the City of Huntsville,is hereby amended as follows: (a) Section 4.02, Benefit options, is amended by the addition of a new subsection (2) (and by renumbering the subsequent subsections)which shall read as follows: "2. Medical expense reimbursement program;". (b) Article XI, Group Term Life Insurance, and Article XII, Miscellaneous, are renumbered Article XII and XIII,respectively,and a new Article XII is added which shall read as follows: AIL Election to Receive Medical Care Expense Reimbursements. 12.1. Election procedure. A Participant may elect to receive reimbursements of his or her Qualifying Medical Care Expenses under this Plan by filing an election and compensation reduction agreement. An election to receive reimbursements of Qualifying Medical Care Expenses may not be revoked by the Participant during the Plan Year. 12.2. Coverage amount. A Participant may elect to receive payments or reimbursements of Qualifying Medical Care Expenses incurred in any Plan Year up to any dollar amount specified by the Participant, but not exceeding$2,400. 12.3. Establishment. The Administrator will establish and maintain on its books a Medical Reimbursement Account for Each Plan Year with respect to each Participant who has elected to receive reimbursement of Qualifying Medical Care Expenses incurred during the Plan Year. 12.4. Crediting of accounts. There shall be credited to a Participant's Medical Reimbursement Account for each Plan Year,as of the beginning of such Plan Year,an amount equal to the Participant's Coverage Amount for such Plan Year. Except as otherwise required by law, the amount credited for each Plan Year shall be the property of the Administrator until paid out pursuant to Sections 12.7 and 12.8. 12.5. Debiting of accounts. A Participant's Medical Reimbursement Account for each Plan Year shall be debited from time to time in the amount of any payment under Section 12 to or for the benefit of the Participant for Qualifying Medical Care Expenses incurred during such Plan Year. 12.6 Forfeiture of accounts. The amount credited to a Participant's Medical Reimbursement Account for any Plan Year shall be used only to reimburse the Participant for Qualifying Medical Care Expenses incurred during such Plan Year while a Participant,and only if the Participant applies for reimbursement on or before the September 30th following the close of the Plan Year. If any balance remains in the Participant's Medical Reimbut Bement Account for a Plan Year after all reimbursements hereunder,such balances shall not be carried over to reimburse the Participant for any Qualifying Medical Care Expenses incurred during a subsequent Plan Year,and shall not be available to the Participant in any other form or manner, but shall remain the property of the Administrator,to the extent permitted by law,and the Participant shall forfeit all rights with respect to such balance. 12.7. Claims for payment of medical care expense reimbursements. A Participant who has elected to receive medical care reimbursements for a Plan Year may apply to the Administrator for reimbursement of Qualifying Medical Care Expenses incurred while a Participant during the Plan Year by making application in writing to the Administrator, in such form as the Administrator may prescribe,setting forth: a) the amount,date and nature of each expense; b) the name of the person, organization or entity to which the expense was or is to be paid; c) the name of the person for whom the expense was incurred and, if such person is not the Participant requesting the benefit,the relationship of such person to the Participant d) the amount recovered or expected to be recovered, under any insurance arrangement or other plan, with respect to the expense;and e) a statement that the expense (or the portion thereof for which reimbursement is sought under the Plan)has not been reimbursed and is not reimbursable under any other health plan coverage. Such application shall be accompanied by a written statement from an independent third party, stating that the expense has been incurred and the amount of the expense, and by such other bills, invoices, receipts, cancelled checks or other statements or documents that the City may request. Such application may be made before or after the Participant has paid such expense, but not before the Participant has incurred such expense. 12.8. Reimbursement or payment of expenses. The City shall reimburse the Participant from the Participant's Medical Reimbursement Account,«t such time and in such manner as the Administrator may prescribe,but no less frequently than monthly,for Qualifying Medical Care Expenses incurred during the Plan Year while a Participant, for which the Participant makes written application and submits documentation in accordance with Section 12.7. The Administrator may,at its option,pay ally such Qualifying Medical Care Expenses directly to the person providing or supplying medical care in lieu of reimbursing the Participant. No reimbursement or payment will be made if the Participant's claim is for an amount less than $50 or such lesser minimum reimbursable amount as may be established by the Administrator. The amount of any Qualifying Medical Care Expenses not reimbursed or paid as a result of die minimum reimbursable amount shall be carried over and reimbursed or paid only if and when the Participant's un-reimbursed claims equal or exceed such minimum. Notwithstanding the preceding sentence, claims and expenses incurred during a Plan Year that are submitted for reimbursement during the last month of the Plan Year or within the three months following the close of the Plan Year shall be paid regardless of whether they equal or exceed the minimum reimbursable amount,provided they do not exceed the remaining balance of the Participant's Medical Reimbursement Account. 12.9. Cessation of participation. In the event that a Participant ceases to be a Participant in this Plan for any reason during a Plan Year, the Participant's compensation reduction agreement relating to this Plan shall terminate. The Participant shall be entitled to reimbursement only for Qualifying Medical Care Expenses incurred within the sane Plan Year and before he or she ceased to be a Participant. 12.10. Limits on time and amount of reimbursements. Reimbursements shall be made for any Plan Year under this Article, only if the Participant applies for such reimbursement in accordance with Section 12.7 on or before the September 30th following the close of the Plan Year. In the event of the Participant's death,the Participant's spouse (o;,if none,the Participant's executor or administrator) may apply on the Participant's behalf for reimbursements permitted under this Article. No reimbursement under this Article shall exceed the remaining balance, if any, in the Participant's Medical Reimbursement Account for the Plan Year in which the expenses were incurred SECTION 2:The Ordinance shall take effect July 1, 1993. PASSED by the City Council of the City of Huntsville,Texas on this the 4th day of May, 1993. CITY OF HUNTSVILLE,TEXAS H.Hodges,M yor ATTEST: nj,�-1 jimeA Danna Welter,City Secretary APPROVW AS TO FORM: L& / gcSiCtijunds,City Attorney RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: Ordinance 93-16 Call Bond Election-Library/Cultural Center 04-20-93 q3-D�-20, 1 ORDINANCE CALLING BOND ELECTION THE STATE OF TEXAS § COUNTY OF WALKER § CITY OF HUNTSVILLE § WHEREAS, the City Council of the City of Huntsville, Texas (the "City") deems it advisable to hold an election for the purpose hereinafter stated; and WHEREAS, the City Council wishes to proceed with the ordering of such election; THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE: Section 1. An election shall be held in the City on the 26th day of June, 1993, which is not less than fifteen (15) days nor more than ninety (90) days from the date hereof, in which all resident, qualified electors of the City shall be entitled to vote, and the City Council hereby finds that holding the election on such date is in the public interest. The polls shall be open for voting at such election from 7:00 a.m. to 7:00 p.m. at the following polling places in each of the following precincts, and the following are hereby appointed officers to conduct the election at each polling place, respectively: ELECTION PRECINCT NO. 101 Polling Place• First Baptist Church 1530 10th Street Election Officers: Wanda Horton Presiding Judge James Hartson Alternate Presiding Judge ELECTION PRECINCT NO. 102 Polling Place: Walker County Courthouse 1100 University Avenue Election Officers: Lillian Nimmo Presiding Judge Charles Davis Alternate Presiding Judge ELECTION PRECINCT NO. 201 Polling Place• First Presbyterian Church 1601 19th Street Election Officers: Betty Dunlap Presiding Judge John Holcombe Alternate Presiding Judge ELECTION PRECINCT NO. 206 Polling Place• Region VI Education Building 3332 Montgomery Road Election Officers: Mary Jeanne Coers Presiding Judge Patricia Hipps Alternate Presiding Judge ELECTION PRECINCT NO. 301 Polling Place• Martin Luther King Center 300 Avenue F Election Officers: Becky Abbott Presiding Judge Artresa Johnson Alternate Presiding Judge ELECTION PRECINCT NO. 401 Polling Place• Second Baptist Church 720 S. Sam Houston Avenue Election Officers: Doug Shearer Presiding Judge Delors King Alternate Presiding Judge Pg z Section 2. At the election the following PROPOSITION oiizl' '. be submitted in accordance with law: PROPOSITION SHALL THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, BE AUTHORIZED TO ISSUE AND SELL AT ANY PRICE OR PRICES THE BONDS OF THE CITY IN THE AMOUNT OF $3,700,000, MATURING SERIALLY OR OTHERWISE WITHIN 20 YEARS FROM THEIR DATE OR DATES, AND BEARING INTEREST AT SUCH RATE OR RATES, NOT TO EXCEED THE MAXIMUM INTEREST RATE NOW OR HEREAFTER AUTHORIZED BY LAW, AS SHALL BE DETERMINED WITHIN THE DISCRETION OF THE CITY COUNCIL AT THE TIME OF ISSUANCE, FOR THE PURPOSE OF THE CONSTRUCTION AND EQUIPMENT OF A LIBRARY/CULTURAL CENTER BUILDING AND TO LEVY TAXES UPON ALL TAXABLE PROPERTY WITHIN THE CITY ANNUALLY SUFFICIENT TO PAY THE INTEREST ON THE BONDS AS IT ACCRUES AND TO CREATE A SINKING FUND TO PAY THE PRINCIPAL OF THE BONDS AS IT MATURES? Section 3. Paper ballots shall be used for said election, and the ballots shall be prepared in accordance with the Texas Election Code so as to permit the electors to vote "FOR" or "AGAINST" the aforesaid PROPOSITION which shall be set forth on such ballots in English and in Spanish substantially the following form: OFFICIAL BALLOT PROPOSITION [ ] FOR ) THE ISSUANCE OF $3,700,000 LIBRARY/ [ ] AGAINST ) CULTURAL CENTER BUILDING BONDS City Secretary, Danna Welter, is hereby appointed Early Voting Clerk, and the City Hall 1212 Avenue M Huntsville, TX 77340 is hereby designated as the place for early voting for said election. The clerk shall keep the place for early voting open for early voting from 8:00 a.m. to 5:00 p.m. on each day except Saturdays, Sundays, and official State holidays, during the period for early voting by personal appearance, which shall begin on June 7, 1993, and end on June 22, 1993. Darryl Patrick is hereby appointed as the presiding judge of the early ballot board, and is hereby directed to perform the duties required of such by Chapter 87 of the Texas Election Code. P3. 3 Section 4. Notice of such election shall be given by posting a substantial copy of this election ordinance, in English and Spanish, at the City Hall and at three other public places in the City, not less than 14 days nor more than 30 days prior to the date set for the election; and a substantial copy of this election ordinance, in English and Spanish, also shall be published on the same day in each of two successive weeks in a newspaper of general circulation published in the City, the date of the first publication to be not more than 30 days and not less than 14 days prior to the date set for the election. Section 5. In all matters relating to the ordering, giving notice, and holding the election, the City shall comply with the applicable parts of the Texas Election Code, including particularly Chapter 272 of the Texas Election Code pertaining to bilingual requirements, and the Federal Voting Rights Act of 1965, as amended. Section 6. It is hereby officially found and determined that notice of the meeting at which this ordinance is adopted was given as required by the Open Meetings Act, Article 6252-17, Vernon's Texas Civil Statutes, and that such meeting has been open to the public at all times when this ordinance was discussed and acted on. PASSED AND APPROVED the 20th day of April, 1993. Mayor CITY OF HUNTSVILLE, EXAS ATTEST: A' �rti2/�(�� Pfe1 J City Secretary CITY OF HUNTSVILLE, TEXAS (SEAL) r� RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: Ordinance 93-17 CO-Authorize Publication/$1,700,000 05-04-93 ORDINANCE NO.93-17 AN ORDINANCE APPROVING AND AUTHORIZING PUBLICATION OF NOTICE OF INTENTION TO ISSUE CERTIFICATES OF OBLIGATION. WHEREAS the City Council (the "City Council") of the City of Huntsville, Texas (the "City"),finds that the closure of the City's landfill,construction and equipping of a transfer station, and acquisition of trucks and trailers for the sanitation department and the payment of contractual obligations for professional services in connection with such projects (including, but not limited to, financial advisory, legal, and engineering) would be beneficial to the inhabitants of the City and such property is needed to perform essential governmental functions,and the City Council has determined that certificates of obligation (the"Certificates") should be issued pursuant to the provisions of the Certificate of Obligation Act of 1971,Section 271.041 et.seq.,Texas Local Government Code(the"Act"),for such purposes; WHEREAS prior to the issuance of the Certificates,the City Council is required under the Act to publish notice of its intention to issue the Certificates in a newspaper of general circulation in the City,the notice stating(i)the time and place the City Council tentatively proposes to pass the ordinance authorizing the issuance of the Certificates,(ii)the maximum amount of Certificates proposed to be issued,(iii)the purposes for which the Certificates are to be issued,and (iv) the manner in which the City Council proposes to pay the Certificates; NOW,THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE,TEXAS,THAT: SECTION 1: Attached hereto and marked "Exhibit A" is a form of notice, the form and substance of which are hereby adopted and approved. SECTION 2: The Mayor or the City Secretary shall cause the notice to be published, in substantially the form attached hereto,in a newspaper,as defined in Article 28a,Vernon's Texas Civil Statutes,as amended,of general circulation in the City for two consecutive weeks,the date of the first publication to be at least 14 days prior to the date tentatively set for the ordinance authorizing the issuance of the Certificates. SECTION 3: The Mayor and the City Secretary are hereby authorized and directed to execute the Certificate to which this Ordinance is attached on behalf of the City Council and to do any of all things proper and necessary to carry out the intent thereof. PASSED by the City Council of the City of Huntsville,Texas on this the 4th day of May, 1993. CITY OF HUNTSVILLE,TEXAS h� W.H.Hodges,Mayor ATTEST: Aannater,CitySecretary APP OVE S TO FORM: Scott Bou ds,City Attorney EXHIBIT"A" NOTICE OF INTENTION TO ISSUE CERTIFICATES OF OBLIGATION FOR LANDFILL CLOSURE,TRANSFER STATION CONSTRUCTION, AND SANITATION VEHICLES(INCLUDING TRAILERS)ACQUISITION PROJECTS NOTICE is hereby given that it is the intention of the City Council (the "City Council")of the City of Huntsville,Texas(the"City")to issue interest-bearing Certificates of Obligation of the City to be designated and know as the "CITY OF HUNTSVILLE, TEXAS,COMBINATION TAX AND REVENUE CERTIFICATES OF OBLIGATION, SERIES 1993" (the "Certificates") for the purpose of providing for the payment of contractual obligations to be incurred for the closure of the City's landfill,construction and equipping of a transfer station, and acquisition of trucks and trailers for the sanitation department and the payment of contractual obligations for professional services in connection with the above projects(including,but not limited to financial advisory, legal, and engineering). The City Council tentatively proposed to authorize the issuance of the Certificates at its regular meeting place in the City Hall,Huntsville, Texas,at its Regular Meeting of the Council to be commenced at 5:30 p.m.,on the 25th day of May,1993,in an amount not to exceed $1,700,000. The City Council presently proposes to provide for payment of the Certificates by the pledge of ad valorem tax receipts and the revenues of the City's Sanitation Fund. The Certificates are to be issued,and this notice is given,pursuant to Section 271.041,et.seq.,Texas Local Government Code. W.H.Hodges Mayor,City of Huntsville,Texas RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: Ordinance 93-18 Delay Adoption of C.O.($1,600,000) 06-29-93 ORDINANCE NO.93-18 AN ORDINANCE DELAYING ADOPTION OF ORDINANCE AUTHORIZING CERTIFICATES OF OBLIGATION. WHEREAS On May 4, 1993, the City Council of the City of Huntsville, Texas adopted Ordinance No. 93-17 authorizing notice of intention to issue certificates of obligation on May 25, 1993;and WHEREAS Such notice was published in the Huntsville Item on May 11 and May 18, 1993;and WHEREAS Upon advice of the City's underwriter the Council has determined that it is in the best interest of the City to delay adoption of an ordinance authorizing such certificates of obligation until further action is taken to market such certificates of obligation; NOW,THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE,TEXAS,that: SECTION 1: The Council hereby delays consideration of the ordinance authorizing certificates of obligation until its regularly scheduled meeting on June 29, 1993. SECTION 2: This ordinance shall be passed and become effective immediately after its adoption. PASSED AND APPROVED THIS 29th day of June, 1993. THE CITY OF HUNTSVILLE W. Hodges,Mayor Danna Welter,City Secretary AP ROVED AS TO,FORM: Scott Bounds City Attorney RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: Ordinance 93-20 Water Conservation&Drought Conting.Plans 06-13-93 i� ORDINANCE NO.93-20 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE,TEXAS,ADOPTING PLANS FOR WATER CONSERVATION AND DROUGHT CON'T'INGENCY;AND MAKING OTHER PROVISIONS RELATED THERETO. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS,that: SECTION 1:The City Council hereby approves and adopts as its Water Conservation Plan and Drought Contingency Plan the document attached hereto as Exhibit A. SECTION 2:The City Manager shall report to the Texas Water Development Board annually regarding the implementation and effectiveness of the City's Water Conservation and Drought Contingency Plans. SECTION 3:This ordinance shall take effect immediately. PASSED by the City Council of the City of Huntsville,Texas,on this the 13th day of June, 1993. CITY OF HUNTSVILLE,TEXAS W. Ho gds,Mayor ATTEST: Danna Welter,City Secretary APPR VED AS TO FORM: Scott Bounds,City Attorney 2 CITY OF HUNTSVILLE WATER CONSERVATION AND DROUGHT CONTINGENCY PLAN TABLE OF CONTENTS Ordinance Adopting City of Huntsville Water Conservation and Drought Contingency Plan . . . . . . . . . . . . . . . . . . . . . . . . . 2 Water Conservation and Drought Contingency Plan . . . . . . . . . . . . . . 3-13 Ordinance No. 91-16, Adopting the Standard Plumbing Codes (latest update) . . . . . . . . . . . . . . . . . . . . . . . . . . . 14-27A Ordinance No. 80-23, Water Rationing (latest rationing) . . . . . . . . . . 28-29 1 ordinance Adoyt1ng city o f Huntsville Water Conservation and Droujht Contin'gency plan water Conservation and Drought Contingency Plan SECTION I-INTRODUCTION Texas Water Code section 17.125 requires a Water Conservation Plan and Drought Contingency Plan by political subdivisions seeking financial assistance from the State Water Loan Assistance Fund or the Water Development Board. The objective of a conservation program is to reduce the quantity of water used for residential and commercial purposes through implementation of efficient water use practices. The drought contingency plan is intended to provide procedures for both voluntary and mandatory actions to temporarily reduce water usage in a water shortage crisis in order to protect the general public health and safety. A. Planning Area-Proposed Project: The planning area consists of the City of Huntsville and its extraterritorial jurisdiction which contains 81 square miles. Huntsville is in the county seat of Walker County and has a population of 27,925. The current project consists of preparation of documents to obtain wastewater loans through the Texas Water Development Board to upgrade the existing facilities to meet current agency standards. Also included is the construction of interceptor sewer lines,a lift station,and force main to service an area on the northeastern side of the City including a new jail to be constructed by the Texas Department of Criminal Justice. B. Contingencv Plan: System improvements will be developed from study and evaluation of existing conditions to establish a specific program for meeting desired goals. C. Utility Evaluation Data: 1. Population of service area 32,165 (Number) 2. Area of service area 21 (sq.mi.) 3. Number and type of equivalent 5/8" meter connections in service area 5,625(res.) 1,325(comm.) 4. Net rate of new connections per year (new connections less disconnects) 61 (res.) 8(comm.) 5. Water use information: a) Water production for 1990 1,577,193,000 (gal./yr.) b) Average water production for last two years 1,500,562,600 (gal./yr.) C) Average monthly water production 3 for last two years 125,046,883 (gal./mo.) d) Estimated monthly sales: 1990 TOTAL(1000 GAL.) January 104,506 February 92,899 March 104,038 April 104,625 May 102,695 June 103,841 July 137,611 August 126,781 September 134,822 October 142,604 November 114,275 December 97,127 TOTAL 1,365,888 AVERAGE 113,824 e) Average daily water use(res./comm./ind.) 3,742,159 gallons f) Peak daily use(res./comm./ind.) 6,957,643 gallons g) Peak to average use ratio(avg.daily summer use divided by annual average daily use) 1.86 h) Unaccounted for water(%of water production) 13.4% 6. Wastewater information: a) Percent of your potable water customers sewered by your wastewater treatment system 89% b) Percent of potable water customers who have septic tanks or other privately operated sewage disposal systems 11% c) Percent of potable water customers sewered by another wastewater treatment utility 0% d) Percent of total potable water sales to the three 4 categories described in 6(a),6(b),and 6(c)above. 1) Percent to total sales to customers you serve 85% 2) Percent of total sales to customers who are on septic tanks or private disposal systems 15% 3) Percent of total sales to customers who are on other wastewater treatment systems 0% e) Average daily volume of wastewater treated 3.19 mill.gallons f) Peak daily wastewater volume 829 mill.gallons g) Estimated percent of wastewater flows to your treatment plant that originate from the following categories: Residential 25% Industrial and Manufacturing 0% Commercial/Institutional 68% Storm Water 7% Other 0% 7. Safe annual yield of water supply 7 mill.gallons 8. Peak daily design capacity of water system 13 mill.gallons 9. Major high-volume customers: Texas Department of Criminal Justice Sam Houston State University 10. Population and water use projections: YEAR POPULATION DAILY DAILY POTENTIAL AVERAGE MAXIMUM MGD MGD 1990 32165 3.7 6.9 2000 37450 4.3 8.0 2010 44177 5.1 9.5 11. Percent of water supply connection in system metered 100(res.) 99(comm.) 12. a) Water rate structure/existing rate structure(residential and commercial): $10.65/1st 3,000 gal.plus $1.80/1,000 gal. 5 b) Sewer rate structure/existing rate structure(residential): $9.15/1st 3,000 gal.plus $1.80/1,000 gal.up to 10,000 gal.max. Sewer rate structure/existing rate structure(commercial): Same rate,no maximum 13. Average annual revenues from water and wastewater rates: Water-$3,580,000/Sewer-$2,437,826 14. Average annual revenue from non-rate derived sources: 162,998 15. Average annual fixed costs of water and sewer operation: Water-$3,213,699/Sewer-$1,653,806 16. Average annual variable costs of water and sewer operation: Water-$439,745/Sewer-$604,117 17. Average annual water or wastewater revenues for other purposes: None 18. Applicable local regulations: City of Huntsville Code of Ordinances Chapter 6, Building and Building Regulations, Chapter 17, Water and Sewers, and Chapter 30, Community Development. 19. Applicable State,Federal or other regulations as a Public Water Supply,the City of Huntsville must abide by the rules of the following agencies: 1)Texas Water Commission 2)Texas Department of Health 3)Environmental Protection Agency 6 D. Needs and Goals: The City's immediate needs are to make additions to its sewerage system to meet new discharge limits issued by the Texas Water Commission. Additionally, new collection facilities will be constructed to serve a portion of the City and a new 2,000 bed jail to be constructed by the Texas Department of Criminal Justice. Homeowner and user education will be emphasized in the City of Huntsville Conservation Plan. A substantial reduction in water consumption will be noticeable in wastewater facility flows if conservation is implemented within the household. Education of homeowners is necessary if a conservation plan is to succeed in effectively reducing water use and wastewater treatment flows. Huntsville, through customer education, city maintenance and operation, city planning and implementation of planning elements,has two goals: (1)a reduction in water usage,and(2)a reduction in unaccounted water. Achieving these goals will conserve water. It will also enable existing facilities to provide service for additional customers without further expenditures for expansion. E. Public Involvement: The City of Huntsville Council meets on Tuesdays at 5:30 p.m. A meeting agenda is posted in accordance with State law,listing items to be acted upon by the Council. Meetings are open to the public,and the public is given an opportunity to speak and voice their views and opinions. Council meetings are attended by representatives of local newspapers and radio stations. The news media sources provide excellent distribution of events and subjects. SECTION II-LONG TERM WATER CONSERVATION PLAN A. 1. Education and Information: The City of Huntsville will inform its customers of various recommended methods to reduce water consumption. Most water used in the City is used by residential customers. Therefore,the City will target educational information for the residential user. a. The first year program will consist of eight activities: 1) The City will develop and distribute a fact sheet explaining the Water 7 Conservation Plan. 2) The City will provide a news release for the local newspaper, correlated with the fact sheet distribution. 3) The City's Customer Service Division will provide each new water customer with "Homeowner's Guide to Water Use and Water Conservation". 4) The City will produce a news release advising water customers that "Homeowners Guide"will be available at City Hall. 5) The City's Customer Service Division will mail out the brochure,"Water .. .Half-A-Hundred Ways to Save It". 6) The City will produce a news release elaborating on the brochure item. 7) The City's Customer Service Division will mail out either;"How to Save Water Outside the Home",or"How to Save Water Inside the Home",to water customers. 8) The City will produce a news release highlighting methods for saving water. b. The long-term program will consist of four annual activities: 1) The City's Customer Service Division will annually mail out a brochure emphasizing new or innovative means for conserving water. 2) The City will produce news releases targeting one particular household water using utility or item (dishwasher, shower, toilet, laundry) and methods for conserving water. 3) The City's Customer Service Division will mail out a brochure relating to outside household use, car washing, lawn watering, and time of day, correlated to weather predictions. 4) The City will produce a news release correlated to brochure mail out. C. The City will continue distribution of"Homeowners Guide" to new customers. The City will use resource materials available from the Water Development Board and other agencies or organizations. 2. Plumbing Codes: The City has previously adopted building codes which require use of water conservation technologies. 8 3. Water Conservation Retrofit Program: The City of Huntsville will encourage customers to utilize low demand fixtures and appliances through proposed educational sources described in this Plan. The City will advise customers of low water demand items,shower heads,toilet dams and other similar fixtures by mail outs and news releases which emphasize the importance of water saving devices. The City will advise local plumbing suppliers of the water saving drive. Suppliers will be requested to stock low water use fixtures. 4. Conservation Oriented Water Rate Structure: The City Council will consider a Conservation Water Rate Structure. 5. Universal Metering and Meter Repair and Replacement: The City will annually test all large meters. The City will test or replace all small meters during a period not to exceed ten(10)years. Annual testing of large meters,testing, maintaining,and replacement of inoperative meters will enable water consumption to be tracked,thus providing a more efficient conservation plan. 6. Water Conservation Landscaping: The City will encourage distribution of educational material regarding low water use landscaping. Builders,developers,and local nurseries will be provided with information about low water demand landscaping. 7. Water Audits and Leak Detection: The City of Huntsville will implement a program to monitor monthly water consumption. The City is aware that assistance in leak detecting surveys can be obtained from the Texas Water Development Board staff. The Agency has portable leak detection equipment available for loan to municipalities and can provide personnel for demonstration of equipment and assist in planning survey programs. Aggressive enforcement of current detection program will enable City staff to determine the need for seeking further assistance from use of electronic equipment. The City's current detection program consists of: a. leaks reported by citizens; b. leak detection by meter readers; C. continual servicing of production,pumping and storage facilities;and d, quick response by maintenance to reported problems. 9 8. Recycling and Reuse: Area industrial customers will be contacted to determine if reuse and recycling is being employed. Wastewater reuse, at this time, is not possible. The location of two wastewater treatment plants with relation to industrial users is not conducive to reuse. The City is not located in an and area. 9. Means of Implementation and Enforcement: The City Council, through its City Manager and staff, will implement this Plan. Enforcement will be provided by: a. refusing to provide service to customers who do not meet requirements for Water Conservation fixtures; b. discontinuing utility service for nonpayment of bills;and C. analyzing and adjusting water rates to eliminate conservation plan abuse. 10. Contracts with other Political Subdivisions: Any political subdivision and/or wholesale customer contracting for water from the City of Huntsville must have: 1) an approved Texas Water Development Board Water Conservation and Drought Contingency Plan in effect; or 2) must officially adopt applicable provisions of the City of Huntsville's Water Conservation and Drought Contingency Plan. B. Annual Reporting: The City through adoption of this Plan,commits to report to the Executive Director of the Texas Water Development Board annually,within sixty days after the anniversary date of loan closing. The report to the Director will contain information describing: 1• progress in conservation plan implementation; 2. public response to plan implementation and operation; 3. quantitative effectiveness with reference to: a)system-wide reduction in water use,if any,and b)reduction in customer or per capita water use,if any; 4. list of public information released during the year. 10 SECTION III-DROUGHT CONTINGENCY PLAN A. Threshold Condition: The Texas Water Development Board suggests three (3) levels or conditions for determining degree of urgency for initiation of a drought contingency plan in the City of Huntsville system: 1. Mild drought occurs when: a. average daily water consumption reaches 85%of production capacity for a period of three consecutive days;and b. weather conditions are to be considered in drought classification determination. 2. Moderate drought conditions are reached when: a. average daily water consumption reaches 90%of rated production capacity for any three day period;and b. weather conditions indicate mild drought will exist five(5)days or more;and C. one ground storage tank or one clear well is taken out of service during mild drought period;and d. storage capacity(water level)is not being maintained during period of 100%rated production period;or e. existence of any one listed condition for a duration of 36 hours. 3. Severe drought classification is reached when: a. average daily water consumption will not enable storage levels to be maintained; or b. water system demand exceeds available high service pump capacity;or C. water system is contaminated either accidentally or intentionally -- severe condition is reached immediately upon detection;or d. water system fails- from acts of God(tornadoes,hurricanes) or man-- severe condition is reached immediately upon detection. B. Drought Contingency Measures: The following actions shall be taken by the City when trigger conditions are reached. 11 1. Mild Conditions: Step 1 measures related to mild drought conditions include: a. advise the public through news releases of the mild drought conditions and publicize methods to voluntarily reduce water use; b. encourage voluntary reduction of water use; C. contact commercial and industrial users and explain necessity for initiation of water conservation methods. 2. Moderate Drought Conditions: Additionally,in moderate drought conditions,the City will: a. prohibit washing house windows,sidings,eaves and roof with hose,without the use of a bucket;washing driveways,streets,curbs and gutters,washing vehicles without cutoff valve and bucket,and unattended sprinkling of landscape shrubs and grass;draining and filling swimming pools and flushing water system; b. other outdoor residential use of water will be permitted on alternate days--even number house on even days of the month and odd number house on odd number days and at designated hours of the day (outdoor residential use consists of washing vehicles, boats, trailers, landscape sprinkler systems and irrigation, recreational use of sprinklers,outside showers[in parks]and water slides). C. commercial and industrial users will be visited to insure volunteered conservation has been initiated. 3. Severe Drought Conditions: Additionally,in severe drought conditions the City will: a. prohibit all vehicle washing, window washing, outside watering (lawn, shrubs, faucet dripping,garden,etc.); b. prohibit all public water uses which are not essential for health,safety and sanitary purposes including street washing, fire hydrant flushing, filling pools, athletic fields and golf courses and dust control sprinkling; C. require permits for businesses using water as a basic function of the business,such as nurseries,commercial car wash,laundromats,and high pressure water cleaning; 12 d. terminate water service in accordance to the following sequence: 1)Recreational 4)Industrial 2)Residential 5)Schools 3)Commercial 6)Hospital C. Information and Education: The public will be made aware of conservation and drought conditions by information and data transfer through daily news releases to the local newspapers and radio stations. Close observation of the first year information program should develop the most effective ways to communicate with customers. Posting notices,newspaper articles,radio coverage and direct mail to customers will be used during the first year activities. D. Implementation/Enforcement. It will be the responsibility of the City's Director of Public Works to monitor the status of the City's water supply and distribution system. When drought conditions occur,the Director shall notify the City's City Manager and the chief executive of each public entity receiving water from the City. The Director will continue to monitor and advise the City Manager and other chief executives of the drought conditions status. 13 Ordinance No. 91-16 Adopting the standard plumbing codes (latest uydate) ORDINANCE NO. 91- 16 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, ADOPTING UPDATED EDITIONS OF THE STANDARD FIRE PREVENTION CODE, NATIONAL ELECTRICAL CODE, STANDARD BUILDING CODE, STANDARD MECHANICAL CODE, STANDARD PLUMBING CODE, AND STANDARD GAS CODE; INCREASING THE FINE FOR VIOLATION OF SUCH CODES FROM $200 TO $500 PER DAY FOR EACH VIOLATION; PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF. WHEREAS the City's Board of Adjustments and Appeals has reviewed the new standard construction codes and recommends that the City Council of the City of Huntsville adopt updated editions of codes currently in use; and WHEREAS after reviewing the changes in construction that will be permitted by the adoption of the updated editions, Council finds that the new codes will promote maximum flexibility in building design and construction while assuring a high degree of life safety and consumer protection; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, that: SECTION 1: Section 6-1, Codes adopted by reference, of Chapter 6, of the Code of Ordinances of the City of Huntsville, Texas, is amended to read: Section 6-1. Codes adopted by reference. (a) The book entitled "Standard Building Code, 1991 Edition" (a copy of which, authenticated by the signatures of the Mayor and City Secretary, and made a public record by this section, is on file in the City Secretary's office) is hereby adopted as the building code of the City as fully as if copied at length in this chapter, and the provisions thereof shall be controlling in the construction of all buildings and other structures within the corporate limits of the City. (b) The book entitled "Standard Housing Code, 1991 Edition" (a copy of which, authenticated by the signatures of the Mayor and City Secretary, and made a public record by this section, is on file in the City Secretary's office) is hereby adopted as the housing code of the City as fully as if copied at length in this chapter, and the provisions thereof shall establish the minimum standards for occupancy of buildings. 14 (c) The book entitled "Standard Swimming Pool Code, 1991 Edition" (a copy of which, authenticated by the signatures of the Mayor and City Secretary, and made a public record by this section, is on file in the City Secretary's office) is hereby adopted as the swimming pool code of the City as fully as if copied at length in this chapter, and the provisions thereof shall establish the minimum standards for the design, construction or installation, repair or alterations of swimming pools. (d) The book entitled "Standard Mechanical Code, 1991 Edition" (a copy of which, authenticated by the signatures of the Mayor and City Secretary, and made a public record by this section, is on file in the City Secretary's office) is hereby adopted as the mechanical code of the City as fully as copied at length in this chapter, and the provisions thereof shall establish the minimum standards for the design, construction or installation, repair or alterations of mechanical systems. (e) The book entitled "Standard Plumbing Code, 1991 Edition" (a copy of which, authenticated by the signatures of the Mayor and City Secretary, and made a public record by this section, is on file in the City Secretary's office) is hereby adopted as the plumbing code of the City as fully as if it was copied at length in this chapter, and the provisions thereof shall establish the minimum standards for plumbing work in the City. (f) The book entitled "Standard Gas Code, 1991 Edition" (a copy of which, authenticated by the signatures of the Mayor and City Secretary, and made a public record by this section, is on file in the City Secretary's office) is adopted as the gas code of the City as fully as if it was copied at length in this chapter, and the provisions thereof shall establish the minimum standards for the design, construction, installation, repair or alteration of gas piping systems and gas appliances. SECTION 2: Section 6-2, Amendments to codes adopted by reference, is amended in part, by changing paragraph (A) as follows: Section 6-2. Amendments to codes adopted by reference. (A) STANDARD BUILDING CODE (1) Section 101.3.3.1 is hereby added as follows: 15 Section 101.3.3.1. 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 - Weights of Building Materials Appendix C - One and Two Family Dwellings Appendix D - Standards for Demolition Appendix E - Energy Conservation Appendix G - Adobe Construction Appendix J - Hurricane Construction Appendix K - Recommended Guide for Sound Insulation in Multifamily dwellings (2) Section 101.4. Delete Section 101.4 Building Department. (3) Section 101.4.6 and 101.4.7. Delete Sections 101.4.6 and 101.4.7. (4) Section 101.6 is hereby amended to read: 101.6 - Special Historic Buildings. The provisions of the Standard Building Code (other than Chapter 1) relating to the alteration, repair, enlargement, restoration, relocation or moving of buildings or structures shall not be mandatory for existing buildings or structures identified and classified as Recorded Texas Historic Landmarks, National Historic Landmarks, or buildings entered into the National Register of Historic Places,.or qualified as such by the building official. It is further provided, however, that: (1) Such buildings or structures are judged by the City building official to be safe; (2) The owner submits complete architectural and engineering plans and specifications bearing the seal of a registered professional engineer or architect; and (3) The owner complies with the requirements of Article II of Chapter 6 of the Code of Ordinances of the City of Huntsville, Texas. (5) Section 102.5 is amended to read: 102.5 - Unsafe Buildings. All buildings or structures which are unsafe, insanitary, or not provided with adequate egress, or which constitute a fire hazard, or are otherwise dangerous to human life, or which in relation to existing use constitute a hazard to safety or health by reason of inadequate maintenance, dilapidation, obsolescence, or abandonment, are severally in contemplation of this section, unsafe buildings. All such unsafe buildings are hereby declared illegal and shall be abated by repair and rehabilitation or by demolition, in accordance with the provisions of Chapter 6, Article III, of the Code of Ordinances of the City of Huntsville, Texas. 16 (6) Section 103.1 is hereby amended to read: 103.1 - Application for Permit. 103.1.1. Any owner, authorized agent, or contractor who desires to construct, enlarge, alter, repair, move, demolish, or change the occupancy of a building or structure, or to erect or construct a sign of any description, or to install or alter fire extinguishing apparatus, elevators, engines, or to install a steam boiler, furnace, heater, incinerator, or other heat producing apparatus, or other appurtenances, or to alter, move or change the access to or from any public street from a driveway, including repair, removal or installation of curbs or culverts, the installation of which is regulated by this code, or to cause any such work to be done, shall first make application to the building official and obtain the required permit therefor. 103.1.2. A general permit shall carry with it the right to install in any building or structure, or part thereof, elevators, sidewalk elevators, vaults, chutes, coal holes, lifts ,cranes, derricks, steam power boilers, steam, oil, gas or vapor engines, provided the same are shown on the drawings and set forth in the specifications filed with the application for the permit; but where these are not shown on the drawings and covered by the specifications submitted with said application, special permits shall be required. 103.1.3. Ordinary minor repairs may be made with the approval of the building official without a permit; provided, that such repairs shall not violate any of the provisions of this code. 103.1.4. Each application for a permit, with the required fee, shall be filed with the building official on a form furnished for that purpose, and shall contain a general description of the proposed work and its location. The application shall be signed by the owner, or his authorized agent. The application shall indicate the proposed occupancy of all parts of the building and of that portion of the site or lot, if any, not covered by the building or structure, and shall contain such other information as may be required by the building official. 103.1.5. An application for a permit for any proposed work shall be deemed to have been abandoned six (6) months after the date of filing for the permit, unless before then a permit has been issued. One or more extensions of time for periods of not more than ninety (90) days each may be allowed by the building official for the application, provided the extension is requested in writing and justifiable cause is demonstrated. 103.1.6. Permits shall be issued only to the following: (1) Any architect or engineer licensed by the State of Texas or a contractor registered by the City; 17 (2) Any property owner, for work to be done by him on a building occupied by him as his home. (7) Section 1.03.2 is hereby amended in part to read: 103.2.5. The building official shall require drawings showing the location of the proposed building or structure and of every existing building or structure on the site or lot to be approved by the City Engineer prior to the filing with the building official. Said drawings shall show the location of all existing easements, storm sewers, natural drains, water lines, sewer lines, location of water and sewer connections. The building official may also require a boundary line survey, prepared by a qualified surveyor. 103.2.7. 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. 103.2.8. 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 corners and proof that the building is not subject to flooding by storm water. The City Engineer may require additional engineering data, prepared by a registered professional engineer, indicating the calculated twenty-five 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 two (2) feet vertically above the calculated twenty-five year high water elevation. No permit shall be issued for buildings or improvements that propose to block the flow of water in creeks or drainage channels or may cause flooding of adjacent property. (8) Section 103.4 is amended by adding sentences that shall read: 103.4.5. No person, firm or corporation shall commence work on any project for which a building permit is required under the provisions of Section 103.1 of this code until such time as a building permit has been issued by the building official. The City of Huntsville may enjoin or restrain in a court of competent jurisdiction any construction or work, or continuing construction or work, on any project commenced prior to the issuance of such building permit. is (9) Section 103.5 is amended to read: 103.5 - Contractor's Registration Required. (a) It shall be the duty of every contractor or builder who shall make contracts for the erection or construction or repair of buildings for which a permit is required, and every contractor or builder making such contracts and subletting the same, or any part thereof, to register with the City. (b) No fee is required for registration under this section. (c) No contractor's bond shall be required under the provisions of this section. (10) Section 103.7.4 is amended to read: 103.7.4 - Schedule of Permit Fees. (a) Permit fees. 1. Where the valuation does not exceed $100.00, no fee shall be required, unless an inspection is necessary, in which case there shall be a $10.00 fee for each inspection. 2. For a valuation over $101.00 up to and including $2,000.00, the fee shall be $10.00. 3. For a valuation over $2,000.00 up to and including $15,000.00, the fee shall be $10.00 for the first $2,000.00 plus $3.00 for each additional thousand or fraction thereof, to and including $15,000.00. 4. For a valuation over $15,001.00 up to and including $50,000.00, the fee shall be $49.00 for the first $15,000.00 plus $2.50 for each additional thousand or fraction thereof, to and including $50,000.00. 5. For a valuation over $50,001.00 up to and including $100,000.00, the fee shall be $136.50 for the first $50,000.00 plus $2.00 for each additional thousand or fraction thereof, to and including $100,000.00. 6. For a valuation over $100,001.00 up to and including $500,000.00, the fee shall be $236.50 for the first $100,000.00, plus $1.25 for each additional thousand or fraction thereof, to and including $500,000.00. 7. For a valuation over $501,000.00, the fee shall be $736.50 for the first $500,000.00, plus $0.75 for each additional thousand or fraction thereof, to and including $500,000.00. 19 (b) Moving of building or structures. For the moving of any building or structure, the fee shall be one hundred dollars ($100.00). (c) Demolition of building or structures. For the demolition of any building or structure, the fee shall be ten dollars ($10.00). (d) For each inspection requested and made which requires a reinspection, a fee of thirty dollars ($30.00) shall be charged for each reinspection made. (11) Section 105.2.3 is amended by the addition of a new paragraph that shall read: 105.2.3 - Notice to Affected Property Owners The building official shall notify all affected property owners who own property within one hundred (100) feet of the site of a proposed variance, of the meeting on the variance, by sending postage prepaid a copy of the agenda and variance request. The building official shall determine the name and address of such affected persons by reference to the City tax records. (12) Section 105.4 Board Members and Procedures is amended to read: 105.4.1 - Makeup of the Board. There is hereby established a board to be called the board of appeals, which shall consist of five (5) members. Such board shall be composed of three (3) persons with technical background in building design or construction or experience in the building trades industry, and two (2) other citizens. The Mayor (chief appointing authority) shall appoint board members with the approval of the City Council. 105.4.2 - Term of Office. Each member shall be appointed to a two-year term of office; with three (3) members appointed effective January 1, odd-numbered years, and two (2) members appointed effective January 1, even-numbered years. 105.4.3 - Quorum. Three (3) members of the board shall constitute a quorum. In varying the application of any provision of this code or in modifying an order of the building official, affirmative votes of the majority present, but not less than three (3) affirmative votes, shall be required. A board member shall not act in a case in which he has a personal interest. (13) Section 106. Delete Section 106. 20 (14) Section 107 is amended as follows: After the word misdemeanor in the first sentence of said section, a comma should be inserted and the language added "and the punishment therefor shall be as provided in the Code of Ordinances of the City of Huntsville, Texas." The remainder of said section remains unchanged. (15) Section 202 Definitions is amended to read: Applicable governing body: The City of Huntsville. (16) Section 3001.2.1 is amended to read: Section 3001.2.1. For the purpose of this code, the fire district is established as follows: Beginning at the intersection of the east line of Avenue N and the south line of 10th Street; Thence easterly along said south line of 10th Street to the west line of Avenue J; Thence southerly along said west line of Avenue J to the north line of 13th Street; Thence westerly along said north line of 13th Street to the east line of Avenue M; Thence northerly along east line of Avenue M to the point of beginning. (17) Figure 1203.6 is amended by adding: City of Huntsville 5 lbs/sq. ft. (18) Figure 1205 is amended by adding: City of Huntsville 75 m.p.h. (19) Figure 1207 is amended by adding: City of Huntsville is in Zone 1. (20) Section 1703.1.5 is amended to read: Soil or compacted fill directly below concrete slab will be treated with chlordane solution in either a distillate or water base, applied at the rate of one gallon for every ten (10 ) square feet. This includes beam bottoms as well as the area below the slab. No compliance with this section is required if the building to be constructed is not frame construction. 21 (21) Section 2002.1 is amended to read: 2002.1 - Toilet Facilities. Every building and each subdivision thereof where both sexes are employed shall be provided with access to at least two (2) toilets located either in such building or conveniently in a building adjacent thereto on the same property; provided, however, that only one toilet is required if there are no more than five (5) employees on any shift. (22) Chapter 23. Delete Chapter XXIII, Signs and Outdoor Displays. SECTION 3: Section 6-2, Amendments to Codes adopted by reference, is amended in part by changing sub paragraph (E)(1) as follows: (E) MECHANICAL CODE. (1) Section 101.3.3.1. Add Section 101.3.3.1 which shall read: 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 - Guidelines for Estimating Heat Loss and Gain; and Appendix B - Schedule of Permit Fees. SECTION 4: Section 6-2, Amendments to Codes adopted by reference, is amended in part by changing subparagraph (F)(1), (4), (11), (12), and (13) as follows: (F) STANDARD PLUMBING CODE. (1) Section 101.3.3 is amended to read: The appendices included in the Code 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 - Roof Drain Sizing Method Appendix B - Travel Trailer and Travel Trailer Parks Appendix C - Manufactured Homes and Manufactured Home Parks Appendix D - Cross Connection, Backflow and Backsiphonage Appendix F - Sizing of Water Piping System Appendix G - Hospital Plumbing System Appendix J - Water Conservation Appendix K - Illustrations (4) Section 102.5 is amended to read: 22 102.5 - Unsafe Installations. All plumbing installation regardless of type, which ar unsafe or which constitute a hazard to human life, health or welfare are hereby declared illegal and shall be abated by repair and rehabilitation or by demolition in accordance with the provisions of Chapter 6, Article III, of the Code of Ordinances of the City of Huntsville. (11) Section 101.4 is deleted. (12) Section 103.5 is amended to read: 103.5 - Contractor License. All persons who engage in or work at the actual installation, alteration, repair and renovating of plumbing shall possess either a master or journeyman plumber's license in accordance with the provisions of the state plumbing license law. (a) Definitions: The word or term "plumbing" as used in "the plumbing license law" means and shall include: (1) All piping, fixtures, appurtenances and appliances for supply or recirculation of water, gas, liquids, and drainage or elimination of sewage, including disposal systems or any combination thereof, for all personal or domestic purposes in and about buildings where a person or persons live, work or assemble; all piping, fixtures, appurtenances and appliances outside a building connecting the building with the source of water, gas, or other liquid supply, or combinations thereof, on the premises, or the main in the street, alley or at the curb: all piping, fixtures, appurtenances, appliances, drain or waste pipes carrying waste water or sewage from or within a building to the sewer service lateral at the curb or in the street or alley or other disposal or septic terminal holding private or domestic sewage; (2) The installation, repair, service, and maintenance of all piping, fixtures, appurtenances and appliances in and about buildings where a person or persons live, work or assemble, for a supply of gas, water, liquids, or any combination thereof, or disposal of waste water or sewage. (b) Exemptions: The following acts, work and conduct shall be expressly permitted without license: (1) Home owner: Plumbing work done by a property owner in a building owned and occupied by him as his homestead. (2) Plumbing work done by anyone who is regularly employed as or acting as a maintenance man or maintenance engineer, incidental to and in connection with the business in which he is employed or engaged, and who does not engage in the occupation of a plumber for the general public; construction, 23 installation and maintenance work done upon the premises or equipment of a railroad by an employee thereof who does not engage in the occupation of a plumber for the general public; and plumbing work done by persons engaged by any public service company in the laying, maintenance and operation if its service mains or lines to the point of measurement and the installation, alteration, adjustment, repair, removal, and renovation of all types of appurtenances, equipment and appliances, including doing all that is necessary to render the appliances usable or serviceable; appliance installation and service work done by anyone who is an appliance dealer or is employed by an appliance dealer, and acting as an appliance installation man or appliance service man in connecting appliances to existing piping installations; water treatment installations, exchanges, services, or repairs. Provided, however, that all work and service herein named or referred to shall be subject to inspection and approval in accordance with the terms of all local valid city or municipal ordinances. (3) Plumbing work done by a licensed irrigator or licensed irrigator or licensed installer when working and licensed under the Licensed Irrigators Act, Article 8751, V.T.C.S., as amended. (4) Plumbing work done by an LP gas installer when working and licensed under Chapter 113, Natural Resources Code, as amended. (5) Any water treatment dealer or his employee when certified in accordance with section 3A of the "plumbing license law". (13) Section 103.7.4 is deleted. SECTION 5: Section 6-2, Amendments to Codes adopted by reference, is amended in part by changing subparagraphs (G)(1), (4), (9), (10), and (11) as follows: (G) GAS CODE. (1) Section 101.3.3 is amended to read: The appendices included in this code 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 - Flow of Gas through Fixed Orifices Appendix D - Example Problems 24 (4) Section 102.5 is amended to read: 102.5 - Unsafe Gas System All gas systems, regardless of type, which are unsafe or which constitute a hazard to human life, health or welfare are hereby declared illegal and shall be abated by repair and rehabilitation or by demolition in accordance with the provisions of Chapter 6, Article III of the Code of Ordinances of the City of Huntsville. (9) Section 101.4 is deleted. . (10) Section 103.5 is amended to read: 103.5 - Contractor License. All persons who engage in or work at the actual installation, alteration, repair and renovating of plumbing shall possess either a master or journeyman plumber's license in accordance with the provisions of the state plumbing license law. (a) Definitions. The word or term "plumbing" as used in the plumbing license law means and shall include: (1) All piping, fixtures, appurtenances and appliances for supply or recirculation of water, gas, liquids and drainage or elimination of sewage, including disposal systems or any combination thereof, for all personal or domestic purposes in and about buildings where a person or persons live, work or assemble; all piping, fixtures, appurtenances and appliances outside a building connecting the building with the source of water, gas, or other liquid supply, or combinations thereof, on the premises, or the main in the street, alley or at the curb; all piping, fixtures, appurtenances, appliances, drain or waste pipes carrying waste water or sewage from or within a building to the sewer service lateral at the curb or in the street or alley or other disposal or septic terminal holding private or domestic sewage; (2) The installation, repair, service, and maintenance of all piping, fixtures, appurtenances and appliances in and about buildings where a person or persons live, work or assemble, for a supply of gas, water, liquids, or any combination thereof, or disposal of waste water or sewage. (b) Exemptions: The following acts, work and conduct shall be expressly permitted without license: (1) Plumbing work done by a property owner in a building owned and occupied by him as his homestead. 25 (2) Plumbing work done by anyone who is regularly employed as or acting as a maintenance man or maintenance engineer, incidental to and in connection with the business in which he is employed or engaged, and who does not engage in the occupation of a plumber for the general public; construction, installation and maintenance work done upon the premises or equipment of a railroad by an employee thereof who does not engage in the occupation of a plumber for the general public; and plumbing work done by persons engaged by any public service company in the laying, maintenance and operation of its service mains or lines to the point of measurement and the installation, alteration, adjustment, repair, removal and renovation of all types of appurtenances, equipment and appliances, including doing all that is necessary to render the appliances usable or serviceable; appliance installation and service work done by anyone who is an appliance dealer or is employed by an appliance dealer, and acting as an appliance installation man or appliance service man in connection with appliances to existing piping installations; water treatment installation, exchanges, services, or repairs. Provided, however, that all work and service herein named or referred to shall be subject to inspection and approval in accordance with the terms of all local valid city or municipal ordinances. (3) Plumbing work done by a licensed irrigator or licensed installer when working and licensed under the Licensed Irrigators Act, Article 8751, V.T.C.S., as amended. (4) Plumbing work done by an LP Gas installer when working and licensed under Chapter 113, Natural Resources Code, as amended. (5) Any water treatment dealer or his employee when certified in accordance with Section 3A of the "Plumbing License Law". (11) Section 103.7.4 is deleted. SECTION 6: Sub-section 7-6(a) of the Code of Ordinances of the City of Huntsville, Texas, is amended to read: Section 7-6. Installation standards. (a) In every case where no specific type or class of material, or no specific standard of construction is prescribed by the statutes of the State of Texas, installation shall be made in conformity to the standards provided by the National Electrical Code, 1990 Edition (a copy of which is authenticated by the signatures of the Mayor and the City Secretary, and made a public record by this section, is on file in the City Secretary's office). 26 SECTION 7: Section 8-1, Fire Prevention Code - Adopted, of the Code of Ordinances of the City of Huntsville, Texas, is amended as follows: The book entitled, "Standard Fire Prevention Code, 1991 Edition" (a copy of which, authenticated by the signatures of the Mayor and the City Secretary, and made a public record by this section, is on file in the City Secretary's office) is hereby adopted as the fire prevention code of the City as fully as if copied at length in this chapter, and the provisions thereof shall be controlling in the storage, use or handling of hazardous materials, substances or devices, and in the repair, equipment, use, occupancy, and maintenance of every existing building or structure within the City. (Ord. of 10-3-61, § 1; Ord. No. 76-2, § 1, 1-13-76; Ord. No. 86-21, § 1, 7-15-86) SECTION 8: Any person, firm, or corporation violating any provisions of this Ordinance or failing to comply with any requirement of this Ordinance will be guilty of a misdemeanor and subject to a fine of up to One thousand dollars ($1,000.00) upon conviction. Each day during or upon which said person shall violate or continue violation of any provision of this Ordinance or non-compliance with any requirement of this Ordinance shall constitute a distinct and separate offense. The violation of any provision of this Ordinance or the failure to comply with any requirement of this Ordinance shall each constitute a distinct and separate offense. SECTION 9: If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held invalid or unconstitutional, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect any of the remaining provisions of this Ordinance. SECTION 10: All Ordinances and parts of Ordinances in conflict with the provisions of this Ordinance are hereby repealed; provided, however, that such repeal shall be only to the extent of such inconsistency and in all other respects this Ordinance shall be cumulative of other Ordinances regulating and governing the subject matter covered by this Ordinance. SECTION 11: The City Secretary is hereby directed to cause the caption of this Ordinance to be published at least twice within ten days of final passage. This Ordinance shall take effect ten days after the date of final passage. ` PASSED AND APPROVED this U 7day of August, 1991. THE CITY OF HUNTSVILLE W. H. Hodges, Mayor 27 ATTEST: th a aw, ity Secretary APPROV AS TO FORM: Scott 4dsCi'/tyAttorney 27A Ordinance No. 80-23 Water Rationing (latest rationing) AMENDED (Sec. 3) ORDINANCE NO. 80-23 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, PROHIBITING THE USE OF CITY WATER FOR OUTDOOR USES EXCEPT FROM 6:00 A_M_ to 9:00 A_M_ ON DESIGNATED ODD OR EVEN DAYS; AUTHORIZING THE CITY TO TERMINATE WATER SERVICE FOR VIOLATIONS; DEFINING CERTAIN USES OF WATER AS A PUBLIC NUISANCE; PRESCRIB- ING A PENALTY OF $200 FOR THE VIOLATION; DECLARING AN EMERGENCY; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE HEREOF. WHEREAS, the City of Huntsville has experienced a period of prolonged dry and hot weather; and WHEREAS, a major water well in the City water system has been in a state of disrepair; and WHEREAS, water reserves in the City are at dangerously low levels; and WHEREAS, it is imperative to the public well being that certain uses of water be restricted: NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, THAT: Section 1: (a) It shall be unlawful for any person to use or withdraw water from the City water supply system for any outdoor use except from 6:00 A.M. to 9:00 A.M. (b) It shall be unlawful for any person that lives at an odd numbered street address (or odd numbered box number if no address) to use or withdraw water from the City water supply system for any outdoor use on an even numbered day. (c) It shall be unlawful for any person that lives at an even numbered street address (or even numbered box number if no address) to use or withdraw water from the City water supply system for any outdoor use on an odd numbered day. (d) Sam Houston State University shall withdraw water for outdoor use on even days; Texas Department of Corrections shall withdraw water for outdoor use on odd days. Section 2: Outdoor use shall include, but not be limited to, the commercial, institutional or residential use of water for sprinkling, watering or irrigating of flowers, lawns, plants, shrubbery, trees or vines. Section 3: It shall be a defense to prosecution that the person was washing a car or motor vehicle at a commercial car wash. 28 �J Section 4: The Mayor, or in his absence Mayor Pro tem, shall have the authority to enforce the provisions of this ordinance by the discontinuance of water service. The water service of any water user may be discontinued for use of water in violation of the terms of this ordinance, provided, however, that the user was given written notice that such use was improper. Section 5: The use of water in violation of the terms of this ordinance is hereby declared to be a public nuisance. Section 6: This ordinance shall be in force and effect until amended or re- pealed by the Mayor or Council of the City of Huntsville, Texas. Section 7: Any person who violates this ordinance shall be deemed guilty of a misdemeanor, and, upon conviction, shall be punished by a fine not to exceed Two Hundred and No/100 ($200.00) Dollars. Each day such violation shall continue or be permitted shall be considered a separate offense. Section 8: All ordinances or parts of ordinances inconsistent with the terms of this ordinance are hereby repealed; provided, however, that such re- peal shall be only to the extent of such inconsistency and in all other respects this ordinance shall be cumulative of other ordinances regulating and governing the subject matter covered by this ordinance. Section 9: If any provision or part of this ordinance or the application of same to any person or set of circumstances, shall for any reason be held unconstitutional, void or invalid, such invalidity shall not affect the validity of the remaining provisions of this ordinance or their applica- tion to other persons or sets of circumstances and to the end all provi- sions of this ordinance are declared to be severable. Section 10: The fact that the water supply of the City is at a critically low level and the further fact that adequate water levels must be main- tained for the health, safety, and welfare of the citizens of the City and all users of the City water system, creates a public necessity and an emergency, and this ordinance shall take effect immediately upon its publication. PASSED AND APPROVED BY UNANIMOUS VOTE OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, ON THIS THE 17TH DAY OF JULY, A.D. 1980. E LARRY DI E Mayor/✓Pro tem TES . ROBERT W. SMITH, Deputy City Secretary APPROVED: i S� SCOTT BOUNDS, City Attorney 29 :c t� ♦ ♦ / • MEMO ♦ m Charles W.)enness,Chairrunn Wesley E.Pittman,Vire Chairman William B.\Madden,AleaLer Craig D.Pedersen, Noe Pernandez,Jlember Diane E.Umstead—Ifember Ex ti-Adnhdstmtor Othon Medina,Jr.,Afembe, July 21, 1993 Mr. Gene Pipes City Manager City of Huntsville 1212 Avenue M Huntsville, Texas 77340 Dear Mr. Pipes: Re: City of Huntsville Water Conservation/Drought Contingency Plan SRF 2912-01 The Texas Water Development Board has reviewed the City of Huntsville water conservation and drought contingency plan and plan adoption ordinance. Based on the contents of the City's plan and ordinance, the Board's staff has determined that an acceptable water conservation and drought contingency program has been adopted by the City. Thank you for your cooperation in implementing the Texas Water Development Board's water conservation and drought contingency requirements. Since y, Craig D edersen Execut' Administrator cc: Mr. Boyd Wilder, City of Huntsville Wisenbaker, Fix & Associates, Inc., Tyler, Texas Attn: Mr. Walter F. (Tracy) Hicks, III, P.E. TWDB Planning/Conservation (w/enclosure) Attn: Mr. Bill Hoffman _ Development Fund Manager, TWDB P.O.Box 132M • 1700 N.Congress Avenue •Austin.Texas 78711-3231 Telephone(512)463-7847 •Telefax(512)475-2053 • 1-500-RELAY TX(for the hearing impaired) ® Punted on Recye/ed Paper RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: Ordinance 93-21 Amends Personnel Pol.-Fam./Med.Leave Act 07-27-93 ORDINANCE NO.93-21 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE,TEXAS,AMENDING ITS PERSONNEL POLICIES TO MAKE CERTAIN PROVISIONS RELATED TO FAMILY AND MEDICAL LEAVE; AND MAKING OTHER FINDINGS AND PROVISIONS RELATED THERETO. WHEREAS Congress has adopted the Family and Medical Leave Act of 1993;and WHEREAS the U. S.Department of Labor has issued an Interim Final Rule on June 4, 1993 (29 C.F.R. § 825 et seq.);and WHEREAS the City of Huntsville desires to comply with the federal requirements; NOW,THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE,TEXAS, that: SECTION 1: The Personnel Policies of the City of Huntsville,Texas,are amended by amending Chapter 1,Section 4 to read: CHAPTER 1 Section 4. Dissemination a. All City employees shall be informed of the existence of these rules and each department shall keep a copy available for reference by its employees. b. At each Cityjob center designated by the City Manager shall be located a bulletin board. The bulletin boards are for official use only, and shall be used for communications required by state and/or federal law or these rules and which are approved by the Human Resources Division. Post: Personnel rules, medical handbook vacancies, worker's compensation notices (8309h§2c), whistleblower notices (6252-16§6), hazardous chemical notices, Fair Labor Standards Act notices(29 USC 211[c]), Disability Act notices(42 USC 12115), Unemployment Act notices(5221b-4a), age discrimination notices(29 USC§627), Civil Rights Act notices(42 USC 2000e-10a), and Family Leave and Medical Act notices. SECTION 2: The Personnel Policies of the City of Huntsville,Texas,are amended by amending Chapter 8,Section 7 to read: CHAPTER 8 Section 7 Health and Accident Benefits:Retirement. Eligible employees who work more than 30 hours per week in budgeted permanent positions shall receive health,accident and retirement benefits as prescribed in the applicable programs. Part- time employees shall not participate in such programs. Dependents covered by the City's medical plan are entitled to continue medical coverage for up to 36 months if they are: a. the surviving spouse and/or children of a deceased employee; b. a separated or divorced spouse and/or children of a covered employee;or C. losing coverage because of age. Employees and/or their dependents covered by the City's medical plan are entitled to continue medical coverage for up to 18 months if the employee's medical benefits are terminated because Of. a. reduction of hours worked or layoff; b. resignation;or C. termination due to conduct other than gross misconduct. Individuals eligible for continuation of coverage must elect to continue coverage within 60 days of the event otherwise terminating coverage and must pay for the coverage monthly. The City may terminate coverage prior to the applicable 18 or 36 month extension if.- a. the City terminates its health plan for all employees; b. the person fails to pay the monthly premium;or C. the person becomes covered by another health plan or medicare. See 42 U.S.C. §300 bb-1. SECTION 3: The Personnel Policies of the City of Huntsville,Texas,are amended by amending Chapter 9,by the addition of a new Section 4 which shall read as follows: CHAPTER 9 Section 4. Unpaid Family and medical leave. a. An employee is eligible for family and medical leave under this section only if the employee has worked at least 12 months and 1250 howl for the City in the year prior to the application for unpaid family and medical leave. b. After an employee uses all accrued holiday,sick and vacation leave,an eligible employee shall be entitled to additional unpaid family and medical leave up to a total of twelve(12) weeks(combined paid and unpaid)per year for birth or adoption of a child, or to care for a spouse or immediate family member, or to recover from a serious health condition which renders the employee unable to work. Family and medical leave shall include any paid holiday,sick or vacation leave(under Sections 1,2 or 3 above)used by an employee due to a serious health condition of the employee or the employee's immediate family. C. An employee shall schedule foreseeable family and medical leave so as not to unduly disrupt City operations. Generally, the employee shall give the City thirty(30) days advance written notice, or written notice as soon as practicable upon discovely of the serious health condition. d. An employee may take only twelve (12) weeks of family and medical leave per year measured backward from the date the leave is used;provided,however,an employee may seek authorized leave without pay. e. If two or more family members work for the City, the combined or total family and medical leave benefit(including holiday,sick and vacation leave)for all family members shall be twelve(12)weeks. f. During the unpaid family and medical leave period,the City and employee shall share the cost of the health plan premium in the manner customarily used. If the employee does not return for any reason other than the continued serious health condition of the employee or the employee's immediate family, then the City shall deduct from the sums owed to the employee upon separation the City's cost of the group health insurance premium. g. The employee's supervisor may require the employee to provide a medical certification by a health care provider,and recertification on a reasonable basis,of the employee's or employee's immediate family member's serious health condition. If the employee fails to provide the requested certification within fifteen(15)days ofa request,the City shall deny the family and medical leave. h. This section shall be interpreted so as to comply only with the minimum benefits required by the Family Leave and Medical Act of 1993. [Renumber existing Chapter 9,section 4-9 as section 5-10] /f{ I SECTION 5: This ordinance shall take effect August 5, 1993. PAS ED by the City Council of the City of Huntsville, Texas on this the �? day of 1993. CITY OF HUNTSVILLE,TEXAS H.Hodges,Mayor �Q ATTEST: Danna W�Secrey AEVED: Scott Bounds,City Attorney RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: Ordinance 93-22 Close Old Colony Road(Goodrich to Hwy. 190) 08-17-93 4 ORDINANCE NO.93-22 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE,TEXAS,CLOSING OLD COLONY ROAD FROM GOODRICH AVENUE TO HIGHWAY 190; AUTHORIZING THE SALE OF THE ABANDONED RIGHT- OF-WAY TO THE ABUTTING PROPERTY OWNER (HUNTSVILLE INDEPENDENT SCHOOL DISTRICT); AND MAKING OTHER PROVISIONS RELATED THERETO. WHEREAS Huntsville Independent School District has requested that the City close and abandon that portion of Old Colony Road between Goodrich Avenue and Highway 190;and WHEREAS The District is the only property owner abutting the portion of the street to be closed;and WHEREAS All the entities franchised by the City to use its right-of-ways have been notified and have no objection to the closing of the right-of-way;and WHEREAS The District has agreed to provide the City with an alternate route for traffic that previously used that portion of Old Colony Road to be closed by extending Goodrich Avenue from Old Colony Road to Highway 190;and WHEREAS The City considers the proposed extension of Goodrich Avenue to be an improvement for traffic flow in and around the Old Colony area;and WHEREAS The City,after notice and public hearing,has considered all the public comments received regarding this matter; NOW,THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE,TEXAS,that SECTION 1: The portion of Old Colony Road from Goodrich Avenue to Highway 190 is hereby closed, abandoned and permanently vacated as a street or public thoroughfare of any kind or character whatever. SECTION 2: The fee to the land in Old Colony Road(as shown in Exhibit"A" attached) is hereby release,and the Mayor and City Secretary are hereby authorized to execute the appropriate quit claim deeds,save and except easements reserved for any and all existing utilities, upon the construction and dedication to the City of an extension of Goodrich Avenue for Old Colony Road to Highway 190. SECTION 3: This ordinance shall take effect immediately. PASSED AND APPROVED THIS 17th day of August, 1993. THE CITY OF HUNTSVILLE Hodges,Mayor ATTEST:44j (� Danna Welter,City Secretary APP OVED AS TO FORM: tt 13o ds,City Attorney RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: Ordinance 93-23 Close Avenue J(7th to 8th Street) 08-17-93 1 1I ORDINANCE NO.93-23 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, CLOSING AVENUE J FROM 7TH STREET TO 8TH STREET;AUTHORIZING THE SALE OF THE ABANDONED RIGHT-OF-WAY TO THE ABUTTING PROPERTY OWNER (HUNTSVILLE INDEPENDENT SCHOOL DISTRICT); AND MAKING OTHER PROVISIONS RELATED THERETO. WHEREAS Huntsville Independent School District has requested that the City close and abandon that portion of Avenue J between 7th Street and 8th Street;and WHEREAS The District is the only property owner abutting the portion of the street to be closed;and WHEREAS All the entities franchised by the City to use its right-of-ways have been notified and have no objection to the closing of the right-of-way;and WHEREAS The City considers the closing of a part of Avenue J to be good for the public health,safety,and welfare;and WHEREAS The City,after notice and public hearing,has considered all the public comments received regarding this matter; NOW,THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE,TEXAS,that SECTION 1: The portion of Avenue J from 7th Street to 8th Street is hereby closed,abandoned and permanently vacated as a street or public thoroughfare of any kind or character whatever. SECTION 2: The fee to the land in Avenue J (as shown in Exhibit"A" attached) is hereby release,and the Mayor and City Secretary are hereby authorized to execute the appropriate quit claim deeds,save and except easements reserved for any and all existing utilities. SECTION 3: This ordinance shall take effect immediately. PASSED AND APPROVED THIS�_day of 1993. THE CITY /OFFHHUNTSVILLE .H.Hodges,Mayor r ATTEST: Danna Welter,City Secretary APPRO AS FORM: Seo Bo s,City A ey RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: Ordinance 93-24 City Attorney Offer for Prop.-509 University 08-31-93 ORDINANCE NO.93-24 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, AUTHORIZING THE CITY ATTORNEY TO MAKE AN OFFER FOR THE CITY OF HUNTSVILLE FOR THE ACQUISITION OF CERTAIN INTERESTS IN PROPERTIES THAT ARE REQUIRED FOR PUBLIC PURPOSES;DIRECTING THE CITY ATTORNEY TO INSTITUTE CONDEMNATION PROCEEDINGS IN THE EVENT SUCH OFFER IS REFUSED;PROVIDING FOR THE FILING OF LIS PEDENS; AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. WHEREAS the City Council of the City of Huntsville now finds and determines that public convenience and necessity require that the City of Huntsville acquire the land described herein for public purposes; NOW,THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE,TEXAS,that SECTION 1: The City Attorney is authorized and directed to make an offer of$750.00 for the properties described in Section 2 to Salvador Favela,or to the actual real and true owners thereof,whether correctly named or not,for the purchase and acquisition by the City of Huntsville of an easement on the property that is required for public purposes. SECTION 2: The property needed for public purposes is: an easement along the side property line of 509 University Avenue,Walker County,Texas SECTION 3: The offer shall provide that if it is not accepted within ten(10)days after receipt, the City of Huntsville will consider such offer refused and will institute condemnation proceedings. SECTION 4: In the event that the offer is refused,either expressly or by failure of the owners to unconditionally accept the same within the time specified,the City Attorney is authorized to institute condemnation proceedings on behalf of the City of Huntsville under the provisions of Chapter 21 of the Texas Property Code,the Charter of the City of Huntsville, or any other applicable state or local law. Additionally,the City Attorney is directed to file notice of this action in the real property records of Walker County,Texas. Texas Property Code Section 12.007. SECTION 5: Should such offer be accepted,the money above set forth shall be paid out of any appropriation heretofore made for which the above described tract is required. Should such offer not be accepted,the amount finally awarded to the owner in the condemnation proceedings,plus costs,fees and expenses,shall be paid out of such funds so appropriated. SECTION 6: This ordinance shall take effect from and after its passage. PASSED by the City Council of the City of Huntsville,Texas on this the 31st day of August, 1993. CITY OF HUNTSVILLE,TEXAS W.H.Hodges,Mayor ATTEST: Danna Welter,City Secretary :AP R VED TO FO ott Bo ds,City Attorney RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: Ordinance 93-25 Adopt Annual Budget-FY 1993-94 09-21-93 ORDINANCE NO.93-25 AN ORDINANCE FINDING THAT ALL THINGS REQUISITE AND NECESSARY HAVE BEEN DONE IN PREPARATION AND PRESENTMENT OF AN ANNUAL BUDGET;APPROVING AND ADOPTING THE OPERATING AND CAPITAL IMPROVEMENTS BUDGET FOR THE CITY OF HUNTSVILLE, TEXAS, FOR THE PERIOD OCTOBER 1, 1993, THROUGH SEPTEMBER 30,1994;AND PROVIDING FOR AN EFFECTIVE DATE HEREOF. WHEREAS the Charter of the City of Huntsville, Texas, and the statutes of the State of Texas require that an annual budget be prepared and presented to the City Council of the City of Huntsville,Texas, prior to the beginning of the fiscal year of such City,and that a public hearing be held prior to the adoption of such budget;and WHEREAS the budget for the year October 1,1993,through September 30,1994, has been presented to the City Council,a public hearing has been held with all notice as required by law, and all comments and objections have been considered;and WHEREAS a copy of the proposed budget has been filed with the City Secretary and available for public inspection at least fifteen days prior to the budget hearing and tax levy for the fiscal year 1993-1994; NOW,THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS,that: SECTION 1: The budget for the City of Huntsville, Texas, now before the City Council for consideration, is adopted as the budget for the City for the period of October 1,1993,through September 30,1994. SECTION 2: The appropriation for the ensuing fiscal year for the operations budget shall be fixed and determined as follows: I. General Fund S 6,858,365 IL General Debt Service Fund 893,330 III. Water and Sewer Fund 6,464,880 IV. Sanitation Fund 2.410.537 Total Operating Funds S16,627,112 SECTION 3: The appropriation for the ensuing fiscal year for the capital improvement budget shall be fixed and determined as follows: I. Street Improvements $ 777,463 Il. Water&Sewer Projects 3,384,828 III. Downtown Revitalization Project 94,086 IV. Transfer to Debt Service 173,094 V. Sanitation Projects 1.326.300 Total Capital Improvements S 5.755.771 SECTION 4: The City Secretary is directed to maintain a copy of the adopted budget,to file a copy thereof with the City Library and the County Clerk, and to publish a notice indicating the availability of the budget. SECTION 5: This ordinance shall take effect immediately after its passage. PASSED AND APPROVED on this the 21st day of September,1993. THE CITY OF HUNTSVILLE,TEXAS W.H�aVo "ATTEST- Danna Welter,City Secretary APPROVED AS TO FORM: L � Scott Bounds,City Attorney RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: Ordinance 93-26 Adopt Tax Rate($0.3844)&Levying Taxes 09-21-93 ORDINANCE NO.93-26 AN ORDINANCE ADOPTING THE TAX RATE AND LEVYING TAXES FOR THE CITY OF HUNTSVILLE FOR THE ENSUING FISCAL YEAR UPON ALL TAXABLE PROPERTY LOCATED WITHIN AND SUBJECT TO TAXATION IN THE CITY;AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE,TEXAS,that: SECTION 1: There is levied and assessed and shall be collected for the fiscal year ending September 30, 1994, an ad valorem tax of NO AND 38.44/100 ($0.3844)DOLLARS for each ONE HUNDRED($100.00)DOLLARS of assessed value of property located within the city limits of Huntsville,Texas,on January 1,1993,made taxable by law,which when collected,shall be apportioned among funds and departments of the city government of the City of Huntsville for these purposes: General Fund Operations $0.18811 Debt Service for Payment of General Obligation Indebtedness 0.19629 $0.38440 SECTION 2: All property upon which a tax is levied shall be assessed on the basis of 100 percent of its appraised value. Property Tax Code§26.02. SECTION 3: This ordinance shall take effect from and after its passage by City Council. PASSED AND APPROVED this 21st day of September,1993. THE CITY OF HUNTSVILLE,TEXAS �dges, a o ATTEST: i Danna welter,City Secretary AP OVED S TO FORM: J Scott Bounds,City Attorney RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: Ordinance 93-27 Increase Water/Sewer Tapping Charges 09-21-93 ORDINANCE NO.93-27 AN ORDINANCE AMENDING CHAPTER 17, WATER AND SEWERS,OF THE CODE OF ORDINANCES OF THE CITY OF HUNTSVILLE, TEXAS, INCREASING WATER AND SEWER TAPPING CHARGES;AND MAKING OTHERPROVISIONS AND FINDINGS RELATED THERETO. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE,TEXAS,that: SECTION 1: Chapter 17, Water and Sewers,of the Code of Ordinances of the City of Huntsville, Texas,is amended by changing Section 17-4. Water tapping charge,as follows: Section 17-4. Water tapping charge. a. The following charge shall be assessed and collected by the Central Inspection Division of the Public Works Department for water taps: 1) Three-fourths-inch water tap ............................ $330.00 2) One-inch water tap ...................................$375.00 b. All other water taps and special water connections shall be made at actual cost as determined by the Director of Public Works or his designee. SECTION 2: Chapter 17, Water and Sewers,of the Code of Ordinances of the City of Huntsville, Texas,is amended by changing Section 17-25. Sewer tapping charge,as follows: Section 17-25. Sewer tapping charge. a. Except as herein provided,the following charge shall be assessed and collected by the Central Inspection Division of the Public Works Department for sewer taps or services: 1) Minimum fee for the location of sewer stub or any connections to sewer system............................. $ 75.00 2) Four-inch sewer tap .................................. $340.00 b. A six-inch or larger sewer tap is required to be made at a manhole only. If a manhole does not exist,customer is required to pay the actual cost of the manhole installation. C. Any tap requiring a bore or tunnel under a state or federal highway shall be made at cost, except that the City will share one-half of the cost of up to three hundred(300)feet of the line including the bore or tunnels. d. All other sewer taps and special sewer connections shall be made at actual cost as determined by the Director of Public Works or his designee. SECTION 3: This Ordinance shall take effect October 1, 1993. APPROVED this 21st day of September, 1993. THE CITY OF HUNTSVILLE W.H.Hodges.Mayor ATTEST: Danna Welter,City Secretary APPROVED AS TO FORM: Scott Boan s,City Attorney RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: Ordinance 93-28 Increase Rates For Collection/Disposal of Refuse 09-21-93 ORDINANCE NO.93-28 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE,TEXAS,AMENDING CHAPTER 9, GARBAGE, REFUSE AND RUBBISH,OF THE CODE OF ORDINANCES OF THE CITY OFHUNTSVI LLE,TEXAS,INCREASINGTHERATES FOR COLLECTION AND DISPOSAL OF REFUSE BY THE CITY; MAKING VARIOUS FINDINGS AND PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE,TEXAS,that: SECTION 1: Chapter 9, "Garbage,Refuse and Rubbish",of the Code of Ordinances of the City of Huntsville,Texas,is hereby amended by the repeal of Article VII, Rates,as presently constituted,and by the adoption of a new Article VII,that shall read as follows: ARTICLE VII. RATES Section 9-79. Residential Collection Charges. The following monthly charges shall be assessed and collected from owners or occupants of each residential unit for refuse and garbage collection service: Single family residential pickup, minimum charge $11.60/month Multi-family residential pickup a. individually metered units collected without dumpster $11.60/occupied dwelling unit per month collected with dumpster $10.40/occupied dwelling unit per month b. jointly metered units collected without dumpster $11.60/dwelling unit per month collected with dumpster $10.40/dwelling unit per month (credit given for vacancies @$10.40/each) Business minimum(residential) $15.20/month Section 9-71. Commercial Collection Charges. Commercial establishments shall be charged for City collection of garbage,trash and rubbish as follows: Businesses,minimum charge $15.20/month 2 yard container $30.40/mo.weekly pickup 3 yard container $40.30/mo.weekly pickup 4 yard container $50.20/mo.weekly pickup 6 yard container $70.70/mo.weekly pickup 8 yard container $89.20/mo.weekly pickup 6 yard-3-1 compaction $225.50/mo.weekly pickup 20 yard rolloff $248.25/mo.weekly pickup 30 yard rolloff $341.00/mo.weekly pickup Rolloff-extra dump(20 or 30 yard) $84.25/per dump 17 yard-2.5-1 compaction $136.00/per dump 30 yard-3-1 compaction $261.85/per dump 30 yard-3.5-1 compaction $301.60/per dump 35 yard-4-1 compaction" $476.25/per dump 40 yard-3.5-1 compaction $406.05/per dump 40 yard-4-1 compaction $459.00/per dump 20 yard temporary/construction $167.30/per dump ($500.00 deposit,$75.00 setup,one dump per month minimum) 30 yard temporary/construction $207.10/per dump ($500.00 deposit,$75.00 setup,one dump per month minimum) Section 9-72. Disposal Fees. Basic Fee $4.00/loose cubic yard Minimum Fee $4.00 White Goods/Large Furniture(Refrigerator, Stove, Couch,Mattress,etc.) $6.00 Tires,small $1.00 Tires,large $12.00 Large dead animal(cow,horse,etc.) $30.00 Small dead animal(dog,cat,etc.) $3.00 Compacting vehicles $4.00 X manufacturer's capacity of truck X manufacturer's compaction ratio Trees,stumps,limbs over 4"in diameter $25.00+$4.00 per cubic yard Section 9-73. Elkins Lake Charges. Residents of Elkins Lake shall be charged for collection of refuse and garbage at the following rate: Single family residential pickup $14.50/month Section 9-74. Rates for other out-of-town service. There shall be assessed and collected from persons provided refuse and garbage collection services outside the corporate limits of the City,the following rates: (Outside City) 2 yard container $48.80/mo.weekly pickup 4 yard container $84.25/mo.weekly pickup 6 yard container $120.70/mo.weekly pickup 8 yard container $154.55/mo.weekly pickup 20 yard rolloff $411.65/mo.weekly pickup 30 yard rolloff $587.60/mo.weekly pickup Rolloff-extra dump(20 or 30 yard) $142.60/per dump 20 yard temporary/construction $209.15/per dump ($500.00 deposit,$75.00 setup,one dump per month minimum) 30 yard temporary/construction $258.85/per dump ($500.00 deposit,$75.00 setup,one dump per month minimum) SECTION 2: This ordinance shall take effect immediately from and after its passage by City Council. PASSED this 21st day of September, 1993. THE CITY OF HUNTSVILLE W.H.Hodges,Mayor A EST: Danna Welter,City Secretary AP OVED AS TO F RM: Scott Boun s,City Attorney RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: Ordinance 93-29 Claim/Deliver C.O.-Cab&Chassis 09-21-93 ORDINANCE NO.93-29 AN ORDINANCE APPROVING CLAIM AND DELIVERY OF CERTIFICATES OF OBLIGATION FOR A 1993 CAB AND CHASSIS;AND CONTAINING OTHER PROVISIONS RELATED HERETO. WHEREAS the City Council of the City of Huntsville,Texas(City),by Ordinance No.93- 11,found that it was advisable for the City to purchase a 1993 cab and chassis and that Certificates of Obligation be issued by the City for all or any part of the cost of same;and WHEREAS the notice for the action to issue Certificates of Obligation was published at the times and in the manner required by law;and WHEREAS the City awarded a contract to Knapp Chevrolet in the amount of$32,845 as the lowest and best bid for the purchase of the 1993 cab and chassis;and WHEREAS the City Council wishes to authorize payment thereof and delivery of a Certificate of Obligation. THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE,TEXAS,that: SECTION 1: There is now due and owing to Knapp Chevrolet the sum of$32,845. SECTION 2: The Certificate of Obligation herein authorized to be delivered shall bear interest at the rate of 4.96%per annum from date of initial delivery shown on the face of such certificate. SECTION 3: There shall be executed and delivered to Knapp Chevrolet a City of Huntsville, Texas,Equipment Acquisition Certificate of Obligation,dated September 22,1993. SECTION 4: The Mayor, City Secretary and other appropriate City officials are hereby authorized and directed to deliver the Certificate and to do any and all things necessary or convenient to carry out the terms of this ordinance. INTRODUCED,READ AND PASSED by the unanimous vote of the City Council of the City of Huntsville,on this the 21 st day of September, 1993. CITY OF HUNTSVILLE,TEXAS W.Hflodges,Mayor ATTEST: Danna Welter,City Secretary APPROVED AS TO FORM: Seda Bounds,City Attorney City of Huntsville DEPARTMENT OF LAW 1212 AVENUE M HUNTSVILLE, TEXAS 77340 SCOTT BOUNDS (409) 291-5400 CITY ATTORNEY September 22, 1993 Mrs.Donnie Wells 617 Graham Road Huntsville,Texas 77340 RE: Certificate of Obligation issued by the City of Huntsville in the amount of$32,845.00 Dear Mrs.Wells: This is to certify that I have examined an Equipment Acquisition Certificate of Obligation to be issued by the City of Huntsville,Texas,in the amount of$32,845.00,bearing interest at a rate therein specified and payable as provided in the Certificate. This Certificate of Obligation is issued pursuant to the terms of Texas Local Government Code, Chapter 271, and is for the purpose of financing the acquisition of a cab and chassis. This Certificate was authorized by ordinance dated September 21,1993,which ordinance provides for the levying of a continuing direct annual ad valorem tax on all taxable property within the limits of the City of Huntsville,Texas,to pay the interest on such Certificate of Obligation and to create a sinking fund for redemption of the principal amount. The Ordinance also provides for the assessment and collection of such taxes and these provisions meet the requirements of the Statute and Article XI,Sections 5 and 7 of the Constitution of the State of Texas. At the time advertisement for bids was made concerning the equipment to be purchased, a provision was made indicating that the successful bidder needed to elect if the successful bidder would accept the Certificate of Obligation or endorse same over in accordance with arrangements made by the City of Huntsville, Texas. In this connection, the successful bidder elected to endorse these obligations to Mrs.Donnie Wells. Mrs.Donnie Wells September 22, 1993 Page 2 Based upon the above,it is my opinion that this Certificate of Obligation is a legal,valid and binding obligation of the City of Huntsville,Texas,and the interest and principal due thereon is payable in accordance with the Certificate of Obligation from the budgeted funds of the City of Huntsville. The City's issuance,execution and delivery of the Certificate is not subject to any authorization,consent or review of any government body,public officers or regulatory authority not heretofore obtained. The interest on the Certificate of Obligation is(1)excludable from gross income for federal income tax purposes under Section 103(a)of the Internal Revenue Code of 1986, as amended, and existing regulations, rulings, and court decisions, and (2) does not constitute an individual or corporate alternative minimum tax preference item. Interest paid on tax-exempt obligations may,however,affect the alternative minimum taxable income of certain corporations. The accrual or receipt of such interest could therefore affect the federal income tax liability of the recipient,depending upon the recipient's particular tax status and other factors. R tfully submitted, L all ott Bounds City Attorney SB/dlw Dated: April 20, 1993 Amount: $32,845 Issued: September 22, 1993 Register No.93-02 UNITED STATES OF AMERICA COUNTY OF WALKER STATE OF TEXAS CITY OF HUNTSVILLE,TEXAS,EQUIPMENT ACQUISITION CERTIFICATE OF OBLIGATION The City of Huntsville,a Municipal Corporation of the State of Texas,acknowledges itself indebted to and FOR VALUE RECEIVED hereby promises to pay to the registered owner hereof in installments and on the dates as below indicated the total sum of Thirty Two Thousand Eight Hundred Forty-Five And No/100 Dollars ($32,845)in lawful money of the United States of America,with interest thereon from date of issue until paid at the rate of 4.96 per cent per annum,payable on September 22, 1994, and annually thereafter on the 22nd day of September of each and every year as hereinafter provided until such sum is fully paid. BOTH PRINCIPAL AND INTEREST on this Certificate of Obligation are hereby made payable in Huntsville, Walker County, Texas, without exchange or collection charges to the registered owner hereof, with such payments to be due on the dates and in the amounts as follows: DATE PRINCIPAL INTEREST TOTAL 1994 $ 8,211.25 $ 1,629.11 $ 9,840.36 1995 8,211.25 1,221.83 9,433.08 1996 8.211.25 814.56 9,025.81 1997 8.211.25 407.28 8.618.53 $32,845.00 $4,072.78 $36,917.78 The City reserves the right to prepay all or any part of this Certificate at any time prior to the due date or maturity thereof without premium or penalty of any kind. It is hereby certified and recited that all acts, conditions and things required to be done in the issuance of this Certificate of Obligation,to render the same lawful and precedent to and g valid have been properly done,have happened and have been performed in regular and due time, form and manner as required by law;that due and proper provision has been made for the levy of a direct and continuing annual ad valorem tax against all taxable property within the said City sufficient to pay the interest on this Certificate of Obligation as due and to provide for the payment of each installment of principal as same matures;that the City has received full value and consideration for this Certificate of Obligation and that the total indebtedness of the City of Huntsville,including this Certificate of Obligation,does not exceed any constitutional or statutory limitation. This Certificate shall be registered as to principal and interest in the owner's name upon books of the City to be kept for that purpose at the office of the Finance Director of the City, the registrar, such registration to be noted hereon. After such registration, no transfer of this Certificate shall be valid unless made on the City's books at the request of the registered owner hereof,or his duly authorized agent,and similarly noted hereon. IN TESTIMONY WHEREOF the City Council has caused the seal of said City to be impressed hereon and this Certificate of Obligation to be signed by the Mayor and attested to by the City Secretary,the date of this Certificate of Obligation being the 22nd day of September, 1993. p DATE OF INITIAL DELIVERY OF THIS CERTIFICATE: l l�1 `3 V�H.Hodges,Mayor VDanna Welter,City Secretary ASSIGNMENT AND TRANSFER Full consideration therefor being hereby acknowledged,this Certificate of Obligation was delivered to Knapp Chevrolet, the original holder, on this the 301vday of 1993,and by it hereby assigned and transferred to Donnie Wells. KNAPP CHEVROLET By., l i. 'ffi V CERTIFICATE OF REGISTRATION IT IS HEREBY CERTIFIED that I have this day registered this Certificate as to principal in the name of the holder as indicated in the registration blank below,on the books kept by me for such purpose. The principal of and interest on this Certificate shall be payable only to the registered holder named in the below registration blanks. Signature Name of Date of Finance Director Registered Holder Registration (Registrar) � / M5, 11nnit Uklls b- 3 � itA�Al�J( (�(2�✓ ITS A SNAP TO DEAL WITH 'l=t; KNAPP a KNAIMP CHEVROLET INC. Phone (713) 228-4311 815 Houston Avenue P.O.Box 4179 HOUSTON. TEXAS 77210 DATE: TIME: _ Post4t^b,eed Fax Transmittal//M/e�mo 7672 No.cl Pages Totlay' ate Time ..._.company—�u.L�G'�-,aE"/'� Location Location �G/V \(/7�/OepI.Charge Fax# //// Telephone# Fax# Telephone# Comments /-�� /f') � �V� 9/-)/9� Original �Oestroy Return �Callfor pickup OispOSilian: KNAPP BBI Veazey CHEVROLET c saes 815 Houston Avenue P.O.Box 4179 Houston,Texas 77210�.. • - (713)2284=,C./a// z,-7 it a Snap to Derl r ith Knopp! 800-583-6311(In Texas) FAX:(713)236-8650 RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: Ordinance 93-30 Claim/Deliver C.O.-Road Repair Unit 10-12-93 ORDINANCE NO.93-30 AN ORDINANCE APPROVING CLAIM AND DELIVERY OF CERTIFICATES OF OBLIGATION FOR A ROAD REPAIR UNIT; AND CONTAINING OTHER PROVISIONS RELATED HERETO. WHEREAS the City Council of the City of Huntsville,Texas(City),by Ordinance No.93- 10,found that it was advisable for the City to purchase a 1993 road repair unit and that Certificates of Obligation be issued by the City for all or any part of the cost of same;and WHEREAS the notice for the action to issue Certificates of Obligation was published at the times and in the manner required by law;and WHEREAS the City awarded a contract to Texas High Roller in the amount of$15,609 as the lowest and best bid for the purchase of the road repair unit;and WHEREAS the City Council wishes to authorize payment thereof and delivery of a Certificate of Obligation. THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE,TEXAS,that: SECTION 1: There is now due and owing to Texas High Roller the sum of$15,609. SECTION 2: The Certificate of Obligation herein authorized to be delivered shall bear interest at the rate of 5.21%per annum from date of initial delivery shown on the face of such certificate. SECTION 3: There shall be executed and delivered to Texas High Roller a City of Huntsville, Texas,Equipment Acquisition Certificate of Obligation,dated October 12,1993. SECTION 4: The Mayor, City Secretary and other appropriate City officials are hereby authorized and directed to deliver the Certificate and to do any and all things necessary or convenient to carry out the terms of this ordinance. IL - - INTRODUCED,READ AND PASSED by the unanimous vote of the City Council of the City of Huntsville,on this the 12th day of October, 1993. CITY OF HUNTSVILLE,TEXAS c" W.H.Hodges,Ma or ATTEST: Danns Welter,City Secretary L OVED AS TO FORM: Z.—J,, Scott136unds,Ciiy Attorney City of Huntsville "TO BUILD AND SERVE A BETTER COMMUNITY" HUNTSVILLE,TEXAS 77340 1212 AVE.M (409)295b471 October 18, 1993 Dr.Stephen Davis 1320 Windsor Huntsville,Texas 77340 RE: Certificate of Obligation issued by the City of Huntsville in the amount of$15,609 Dear Dr.Davis: This is to certify that I have examined an Equipment Acquisition Certificate of Obligation to be issued by the City of Huntsville, Texas, in the amount of$15,609, bearing interest at a rate therein specified and payable as provided in the Certificate. This Certificate of Obligation is issued pursuant to the terms of Texas Local Government Code, Chapter 271, and is for the purpose of financing the acquisition of a road repair unit. This Certificate was authorized by ordinance dated October 12, 1993,which ordinance provides for the levying of a continuing direct annual ad valorem tax on all taxable property within the limits of the City of Huntsville,Texas,to pay the interest on such Certificate of Obligation and to create a sinking fund for redemption of the principal amount. The Ordinance also provides for the assessment and collection of such taxes and these provisions meet the requirements of the Statute and Article XI,Sections 5 and 7 of the Constitution of the State of Texas. At the time advertisement for bids was made concerning the equipment to be purchased, a provision was made indicating that the successful bidder needed to elect if the successful bidder would accept the Certificate of Obligation or endorse same over in accordance with arrangements made by the City of Huntsville, Texas. In this connection, the successful bidder elected to endorse these obligations to Dr.Stephen Davis. Dr.Stephen Davis October 18, 1993 Page 2 Based upon the above,it is my opinion that this Certificate of Obligation is a legal,valid and binding obligation of the City of Huntsville,Texas,and the interest and principal due thereon is payable in accordance with the Certificate of Obligation from the budgeted funds of the City of Huntsville. The City's issuance,execution and delivery of the Certificate is not subject to any authorization,consent or review of any government body,public officers or regulatory authority not heretofore obtained. The interest on the Certificate of Obligation is(1)excludable from gross income for federal income tax purposes under Section 103(a)of the Internal Revenue Code of 1986, as amended, and existing regulations, rulings, and court decisions, and (2) does not constitute an individual or corporate alternative minimum tax preference item. Interest paid on tax-exempt obligations may,however,affect the alternative minimum taxable income of certain corporations. The accrual or receipt of such interest could therefore affect the federal income tax liability of the recipient,depending upon the recipient's particular tax status and other factors. Respe ulrsitted, Scott City Attorney SB/dlw Dated: April 20, 1993 Amount: $15,609 Issued:October 12, 1993 Register No.93-03 UNITED STATES OF AMERICA COUNTY OF WALKER STATE OF TEXAS CITY OF HUNTSVILLE,TEXAS,EQUIPMENT ACQUISITION CERTIFICATE OF OBLIGATION The City of Huntsville,a Municipal Corporation of the State of Texas,acknowledges itself indebted to and FOR VALUE RECEIVED hereby promises to pay to the registered owner hereof in installments and on the dates as below indicated the total sum of Fifteen Thousand Six Hundred Nine And No/100 Dollars ($15,609)in lawful money of the United States of America,with interest thereon from date of issue until paid at the rate of 5.21 per cent per annum, payable on October 12, 1994, and annually thereafter on the 12th day of October of each and every year as hereinafter provided until such sum is fully paid. BOTH PRINCIPAL AND INTEREST on this Certificate of Obligation are hereby made payable in Huntsville, Walker County, Texas, without exchange or collection charges to the registered owner hereof, with such payments to be due on the dates and in the amounts as follows: DATE PRINCIPAL INTEREST TOTAL 1994 $ 3,902.25 $ 784.26 $ 4,686.51 1995 3,902.25 609.92 4,512.17 1996 3,902.25 406.61 4,308.86 1997 3,902.25 203.31 4,105.56 $15.609.00 $2.004.11 $ 17.613.11 The City reserves the right to prepay all or any part of this Certificate at any time prior to the due date or maturity thereof without premium or penalty of any kind. It is hereby certified and recited that all acts, conditions and things required to be done precedent to and in the issuance of this Certificate of Obligation,to render the same lawful and valid have been properly done,have happened and have been performed in regular and due time, form and manner as required by law;that due and proper provision has been made for the levy of a direct and continuing annual ad valorem tax against all taxable property within the said City sufficient to pay the interest on this Certificate of Obligation as due and to provide for the payment of each installment of principal as same matures;that the City has received full value and consideration for this Certificate of Obligation and that the total indebtedness of the City of Huntsville,including this Certificate of Obligation,does not exceed any constitutional or statutory limitation. la This Certificate shall be registered as to principal and interest in the owner's name upon books of the City to be kept for that purpose at the office of the Finance Director of the City, the registrar,such registration to be noted hereon. After such registration,no transfer of this Certificate shall be valid unless made on the City's books at the request of the registered owner hereof,or his duly authorized agent,and similarly noted hereon. IN TESTIMONY WHEREOF the City Council has caused the seal of said City to be impressed hereon and this Certificate of Obligation to be signed by the Mayor and attested to by the City Secretary,the date of this Certificate of Obligation being the 22nd day of September, 1993. DATE OF INITIAL DELIVERY OF THIS CERTIFICATE: 0tT. W.H.Hodges,Mayor` Z Danna Welter,City Secretary ASSIGNMENT AND TRANSFER Full consideration therefor being hereby acknowledged, this Certificate of Obligation was delivered to Texas High Roller, the original holder, on this the ��Flv day of 0� fyt� 1993, and by it hereby assigned and transferred to Dr. Stephen Davis. TEXAS HIGH ROLLER By CERTIFICATE OF REGISTRATION IT IS HEREBY CERTIFIED that I have this day registered this Certificate as to principal in the name of the holder as indicated in the registration blank below,on the books kept by me for such purpose. The principal of and interest on this Certificate shall be payable only to the registered holder named in the below registration blanks. Signature Name of Date of Finance Director Registered Holder Registration (Registrar) /3 OFFICIAL STATEMENT DATED JUNE 29, 1993 IN THE OPINION OF BOND COUNSEL INTEREST ON THE CERTIFICATES IS EXCLUDABLE FROM GROSS INCOME FOR FEDERAL INCOME TAX PURPOSES UNDER EXISTING L4 WAND THE CERTIFICATESARE NOT PRIVATE ACTIVITY BONDS.SEE'TAX EXEMPTION"HEREIN FOR A DISCUSSION OF BOND COUNSELS OPINION.INCLUDING A DESCRIP- TION OF THE ALTERNATIVE MINIMUM TAX CONSEQUENCES FOR CORPORATIONS. The City will designate the Certificates as"qualified tax-exempt obligations-for purparer of the calculation of interest expense by financial institutions which may own the Certificates.See"Qualified Tax-Exempt Obligations for Financial Institutions." NEW ISSUE RATING: Moody's:Baal (See"Ratings"herein) $196009000 CITY OF HUNTSVILLE9 TEXAS (Walker County) COMBINATION TAX AND REVENUE CERTIFICATES OF OBLIGATION SERIES 1993 Dated:July 1,1993 Due:October 1,as shown below Interest on the$1,600,000 City of Huntsville,Texas,Combination Tax and Revenue Certificates of Obligation,Series 1993("the Certificates")will be payable April 1 and October 1 of each year commencing April 1,1994.The Certificates will be issued only in fully registered form in any integral multiple of$5,000 for any one maturity.Principal of the Certificates will be payable to the registered owner at maturity or prior redemption upon presentation at the corporate trust office of the paying agent/registrar (the "Paying Agent/Registrar"),initially Ameritrust Texas National Association,Houston,Texas,or its successor.Interest on the Certificates will be payable by check,dated as of the interest payment date,and mailed by the Paying Agent/Registrar to registered owners as shown on the records of the Paying Agent/Registrar on the Record Date(see"Record Date for Interest Payment').If the date for the payment of the principal of or interest on the Certificates shall be a Saturday,Sunday,legal holiday,or day on which banking institutions in the city where the Paying Agent/Registrar is located are authorized by law or executive order to close,the date for such payment shall be the next succeeding day which is not such a Saturday,Sunday,legal holiday,or day on which banking institutions are authorized to close and payment on such date shall have the same force and effect as if made on the original date payment was due. The Certificates constitute direct obligations of the City,payable from a combination of(i) an ad valorem tax levied,within the limits prescribed by law,on taxable property located within the City limits and (ii) a pledge of certain revenues of the City's Sanitation Department, as provided in the Ordinance authorizing the Certificates(the"Ordinance"). MATURITY SCHEDULE Initial Initial Principal Interest OR ring Principal Interest Offering Due Amount Rate Yield Due Amount Rate Yield 1994 $140,000 3.00% 3.00% 2002 S 75,000 4.90% 5.0096 1995 145,000 3.40 3.40 2003 80,000 5.00 5.10 1996 155,000 3.70 3.70 2004 85,000 5.125 5.25 1997 155,000 4.10 4.10 2005 90,000 5.25 5.35 1998 165,000 4.25 4.25 2006 95,000 5.40 5.50 1999 65,000 4.40 4.40 2007 100,000 5.50 5.60 2000 70,000 4.60 4.60 2008 105,000 5.60 5.70 2001 75,000 4.80 4.80 The certificates maturing October 1,2004,through October 1,2008 are subject to redemption,at the option of the City,on October 1,2003 or any date thereafter at the par value thereof plus accrued interest to the date fixed for redemption. The Certificates are offered for delivery,when,as and if issued,subject to the approving opinion of the Attorney General of the State of Texas and the opinion of McGinnis,Lochridge&Kilgore,L.L.P.,San Antonio,Texas,Bond Counsel for the City,as to the validity of the issuance of the Certificates under the Constitution and laws of the State of Texas.The Certificates are expected to be available for delivery in ... Houston,Texas,on or about July 29,1993. MASTERSON MORELAND SAUER WHISMAN,INC. Dated: April 20, 1993 Amount: $15,609 Issued:October 12, 1993 Register No.93-03 UNITED STATES OF AMERICA COUNTY OF WALKER STATE OF TEXAS CITY OF HUNTSVILLE,TEXAS,EQUIPMENT ACQUISITION CERTIFICATE OF OBLIGATION The City of Huntsville,a Municipal Corporation of the State of Texas,acknowledges itself indebted to and FOR VALUE RECEIVED hereby promises to pay to the registered owner hereof in installments and on the dates as below indicated the total sum of Fifteen Thousand Six Hundred Nine And No/100 Dollars ($15,609)in lawful money of the United States of America,with interest thereon from date of issue until paid at the rate of 5.21 per cent per annum, payable on October 12, 1994, and annually thereafter on the 12th day of October of each and every year as hereinafter provided until such sum is fully paid. BOTH PRINCIPAL AND INTEREST on this Certificate of Obligation are hereby made payable in Huntsville, Walker County, Texas, without exchange or collection charges to the registered owner hereof, with such payments to be due on the dates and in the amounts as follows: DATE PRINCIPAL INTEREST TOTAL 1994 $ 3,902.25 $ 784.26 $ 4,686.51 1995 3,902.25 609.92 4,512.17 1996 3,902.25 406.61 4,308.86 1997 3,902.25 203.31 4.105.56 $15.609.00 $2.004.11 $17.613.11 The City reserves the right to prepay all or any part of this Certificate at any time prior to the due date or maturity thereof without premium or penalty of any kind. It is hereby certified and recited that all acts, conditions and things required to be done precedent to and in the issuance of this Certificate of Obligation,to render the same lawful and valid have been properly done,have happened and have been performed in regular and due time, form and manner as required by law;that due and proper provision has been made for the levy of a direct and continuing annual ad valorem tax against all taxable property within the said City sufficient to pay the interest on this Certificate of Obligation as due and to provide for the payment of each installment of principal as same matures;that the City has received full value and consideration for this Certificate of Obligation and that the total indebtedness of the City of Huntsville,including this Certificate of Obligation,does not exceed any constitutional or statutory limitation. la This Certificate shall be registered as to principal and interest in the owner's name upon books of the City to be kept for that purpose at the office of the Finance Director of the City, the registrar,such registration to be noted hereon. After such registration,no transfer of this Certificate shall be valid unless made on the City's books at the request of the registered owner hereof,or his duly authorized agent,and similarly noted hereon. IN TESTIMONY WHEREOF the City Council has caused the seal of said City to be impressed hereon and this Certificate of Obligation to be signed by the Mayor and attested to by the City Secretary,the date of this Certificate of Obligation being the 22nd day of September, 1993. DATE OF INITIAL DELIVERY OF THIS CERTIFICATE: W.H.Hodges,Mayor ATTES Danna Welter,City Secretary ASSIGNMENT AND TRANSFER Full consideration therefor being hereby acknowledged,this Certificate of Obligation was delivered to Texas High Roller, the original holder, on this the 15K,day of OCG btlr 1993, and by it hereby assigned and transferred to Dr. Stephen Davis. TEXAS HIGH ROLLER By CERTIFICATE OF REGISTRATION IT IS HEREBY CERTIFIED that I have this day registered this Certificate as to principal in the name of the holder as indicated in the registration blank below,on the books kept by me for such purpose. The principal of and interest on this Certificate shall be payable only to the registered holder named in the below registration blanks. Signature Name of Date of Finance Director Registered Holder Registration (Registrar) - A�tu /.3 Calculation of annual debt payment for a 4 year C.O. Amount $15,609.00 Years 4 Interest Rate 5.21% Annual Payment $3,902.25 Date of Issue 30-Sep-93 Outstanding Interest Total Balance Year 1 30-Sep-94 $15,609.00 $3,902.25 $784.26 $4,686.51 Year 2 30-Sep-95 $11,706.75 $3,902.25 $609.92 $4,512.17 Year 3 29-Sep-96 $7,804.50 $3,902.25 $406.61 $4,308.86 Year 29-Sep-97 $3,902.25 $3,902.25 $203.31 $4,105.56 ------------------------------------------------------- ------------------ Total $15,609.00 $2,004.11 $17,613.11 ------ ------ -------- ------- City of Huntsville No.032467 VENDOR PAYMENT ACCOUNT 1212 AVE.M•409/291-5441 HUNTSVILLE,TEXAS 77340-4608 1386 09/28/93 $ 15,609.00 $ .00 0� YCity of�oHuntsvillUNT e N0. 032467 O� 1212 AVE.M ._ FIRST NATIONAL BANK HUNTSVILLE,TEXAS 773404608 KUMS—E TEK 10/06/93 32467 ##### $15,.609.00 ##t 4sr-Y 4F T PAY fif$f9ifiLlEo f ////� ORDER oRORa TEXAS HIGH ROLLER — ROUTE 6 BOX 2425 .. . BRYAN TX 77803 L 11'0321.P.TO 1:1 1 3 1040001: 0 1455 51,101 SPreader Trucks - -- •Pull Spreaders •Blentl Systems RoatlMaintenance / ROLL l( Spreaders RICKY LLOYD Plant Manager T... . no Plan': Texas High Roller,Inc. (409)778.7460 Route 6,BOX 2425 Highway 6 and O.S.R.�..._..._ •Bryan,Texas 77803 )� RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: Ordinance 93-31 Order Officer's Election-01-15-94 10-19-93 ORDINANCE NO.93-31 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE,TEXAS,ORDERING A MUNICIPAL ELECTION TO BE HELD ON THE 15TH DAY OF JANUARY,1994,FOR THE PURPOSE OF ELECTING FOUR COUNCILMEMBERS FROM THE RESPECTIVE AT LARGE POSITIONS ONE,TWO,THREE AND FOUR;PROVIDING FOR ELECTION OFFICERS;DESIGNATING THE PLACES AND MANNER OF HOLDING THE ELECTION;AND PROVIDING FOR THE POSTING AND PUBLICATION OF NOTICE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE,TEXAS, that: SECTION 1. The regular municipal election of the City of Huntsville,prescribed by Section 6.01 of the City Charter,shall be held between the hours of seven(7:00)o'clock a.m.and seven(7:00)o'clock p.m.on the 15th day of January, 1994,in the City for the purpose of electing four councilmembers,one from each of the City's four at-large positions one,two,three and four. SECTION 2. The City is hereby divided into six(6)election precincts,the precincts to have the same boundaries as County election precinct numbers 101,102,201,206,301,and 401. The polling places and election officials for these election precincts shall be as follows: Precinct Polling Place Judge/Alternate Judge 101 First Baptist Church Wanda Horton/James Hartson 10th Street 102 Walker County Courthouse Lillian Nimmo/Charles Davis 1100 University Avenue 201 First Presbyterian Church Betty Dunlap/John Holcombe 19th Street 206 Region VI Education Building Mary Jeanne Coers/ F.M. 1374 Patricia Hipps 301 Martin Luther King Center Becky Abbott/Andrew Martinez Avenue F 401 Second Baptist Church Doug Shearer/Delora King Sam Houston Avenue 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. SECTION 4. One councilmember shall be selected from each of the respective at-large position numbers one(1),two(2),three(3)and four(4)of the City by a majority vote of the City at-large. The councilmembers to be elected shall hold office for a period of two(2)years. SECTION 5. Each of the four Councilmembers shall be citizens of the United States,qualified and registered voters of the State of Texas,residents within the present corporate limits of Huntsville for at least twelve months immediately preceding the election, and current in payment of taxes and assessments due to the City. SECTION 6. Any eligible and qualified person may have his name upon the official ballot as an independent candidate by submitting an application,which,in accordance with Texas Election Code Section 141.031,must be in writing and be signed and sworn to by the candidate and indicate the date that the candidate swears to the application. The application shall include:the candidate's name;the candidate's occupation;the office sought,including the ward number,if any;a statement that the candidate is a United States citizen;a statement that the candidate has not been determined mentally incompetent by a final judgment of a court;a statement that the candidate has not been finally convicted of a felony from which the candidate has not been pardoned or otherwise released from the resulting disabilities;the candidate's date of birth;the candidate's residence address or,if the residence has no address, the address at which the candidate receives mail and a concise description of the location of the candidate's residence;the candidate's length of continuous residence in the state and in the territory from which the office sought is elected as of the date the candidate swears to the application;a statement that the candidate is aware of the nepotism law,Articles 5996a through 5996g of the Texas Revised Statutes; and the statement: "I, of Walker County,Texas,being a candidate for the office of Councilmember,swear that I will support and defend the constitution and laws of the United States and of the State of Texas." Such application must be filed with the Mayor or City Secretary not later than 5:00 p.m.of the 45th day before election day. SECTION 7. The order in which the names of the candidates are to be printed on the ballot shall be determined by a drawing of the City Secretary as provided by section 52.094 of the Texas Election Code. The form of the ballot for the election shall be as follows: OFFICIAL BALLOT Regular Election City of Huntsville, Texas January 15, 1994 INSTRUCTION NOTE: Vote for the candidate ofyour choice in each race by placing an 'X"in the square beside the candidate's name. Councilmember,At-Large Position One (Vote for one) ❑ (candidate's name) ❑ (candidate's name) Councilinember,At-Large Position Two (Vote for one) ❑ (candidate's name) ❑ (candidate's name) Councilmember,At-Large Position Three (Vote for one) ❑ (candidate's name) ❑ (candidate's name) Councilmember,At-Large Position Four (Vote for one) ❑ (candidate's name) ❑ (candidate's name) SECTION 8. City Secretary Danna Welter is hereby appointed as the clerk of early voting,and City Hall 1212 Avenue M Huntsville,Texas 77340 is hereby designated as the place for early voting for the election. During the lawful early voting period,such clerk shall keep such place for early voting open for early voting from 8:00 a.m. to 5:00 p.m. on each day except Saturdays, Sundays,and official state holidays. SECTION 9. James Mathis is hereby appointed as the presiding judge of the early ballot board, and is hereby directed to perform the duties required of such by Section 87 of the Texas Election Code. SECTION 10. 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 twenty-five(25) 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(20)days before the election;and (d) by posting at City Hall and the Walker County Courthouse bulletin boards notice of the election at least twenty(20)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 11. This ordinance shall take effect from and after its passage. PASSED AND APPROVED this 19th day of October, 1993. THE CITY OF HUNTSVILLE WA�,Mayor ATTEST: �� Darma Welter,City Secretary APP VED: Scott Bounds,City Attomey RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: Ordinance 93-32 CC Decision/Wrecker Appeals 10-19-93 ORDINANCE NO.93-32 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, RENDERING A DECISION REGARDING PERMITS TO VARIOUS INDIVIDUALS TO PERFORM CERTAIN NON- CONSENT TOWS WITHIN THE CITY OF HUNTSVILLE;AND MAKING OTHER FINDINGS RELATED THERETO. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE,TEXAS, that: SECTION 1. John D. "Buddy"Poole and Poole's Wrecker Service are found to have violated Chapter 4A,Tow Trucks,of the Code of Ordinances of the City of Huntsville, Texas, by collecting fees in excess of those set out in that ordinance, and by violating such ordinance more than three times since January 1, 1993. After considering the appeal of John D. 'Buddy"Poole and Poole's Wrecker Service from the decision of the City Manager dated July 26, 1993,City Council orders that: a) John D.'Buddy"Poole and Poole's Wrecker Service are suspended from the City's rotation list for a period of six months from Wednesday, October 20, 1993,through Tuesday,April 19, 1994. b) John D. 'Buddy"Poole and Poole's Wrecker Service storage facility are suspended from use for permittees using the City's rotation list for a period of two months from Wednesday, October 20, 1993, through Sunday, December 19, 1993. C) John D. 'Buddy" Poole and Poole's Wrecker Service are ordered to reimburse to persons whose vehicles were towed as a result of a police directed tow off the rotation list after January 1, 1993, $649.35 in overcharges;and the suspension ordered in paragraphs(a)and(b)above shall continue until such reimbursements are made. SECTION 2. Paul Morris and Paul's Wrecker Service are found to have used a storage facility which violated Chapter 4A,Tow Trucks,of the Code of Ordinances of the City of Huntsville, Texas, by collecting fees in excess of those set out in that ordinance. After considering the appeal of Paul Morris from the decision of the City Manager dated July 26,1993,City Council orders that Paul Morris not use the storage facility of John D. 'Buddy"Poole or Poole's Wrecker Service for a period of two months from Wednesday, October 20, 1993, through Sunday, December 19, 1993. SECTION 3. Bill Poole and Bill Poole's Wrecker Service are found to have withdrawn from the City's rotation list and,therefore,City Council orders that the appeal of Bill Poole from the decision of the City Manager dated July 26, 1993,is hereby dismissed as moot. SECTION 4. J. B. Rumley and J. B.'s Wrecker Service are found to have a)used a storage facility which violated Chapter 4A,Tow Trucks,of the Code of Ordinances of the City of Huntsville, Texas, by collection fees in excess of those set out in that ordinance, and b) failed to keep record of all amounts received at the time the vehicle was released, including the specific nature of each charge. After considering the appeal of J. B. Rumley from the decision of the City Manager dated July 26, 1993,City Council orders that: a) J. B. Rumley and J.B.'s Wrecker Service not use the storage facility of John D.'Buddy"Poole or Poole's Wrecker Service for a police directed tow for a period of two months from Wednesday, October 20, 1993, through Sunday,December 19, 1993. b) J.B.Rumley and J.B.'s Wrecker Service are suspended from the City's rotation list for a period of two weeks from Wednesday,October 20,1993, through Tuesday,November 2, 1993. SECTION 5. Shirley Poole and Shirley Poole's Wrecker Service are found to have violated Chapter 4A,Tow Trucks, of the Code of Ordinances of the City of Huntsville, Texas,by collecting fees in excess of those set out in that ordinance and by using a storage facility which collected fees in excess of those set out by the ordinance. After considering the appeal of Shirley Poole from the decision of the City Manager dated July 26, 1993,City Council orders that: a) Shirley Poole and Shirley Poole's Wrecker Service may not use the storage facility of John D."Buddy"Poole or Poole's Wrecker Service for a police directed tow for a period of two months from Wednesday, October 20, 1993,through Sunday,December 19, 1993. b) Shirley Poole and Shirley Poole's Wrecker Service are suspended from the City's rotation list for a period of one month from Wednesday,October 20, 1993,through Friday,November 19, 1993. C) Shirley Poole and Shirley Poole's Wrecker Service are ordered to reimburse to persons whose vehicles were towed as a result of a police directed tow off the rotation list after January 1,1993,$278.50 in towing and storage overcharges. The suspension ordered in paragraph(b)above shall continue until such reimbursements are made. SECTION 6. Although Dennis Paden and A-1 Body and Wrecker Service did not file an appeal from the decision of the City Manager dated July 26, 1993, in the interest of fairness,the City Council orders that the City Manager's decision be amended to permit Dennis Paden and A-1 Auto Body and Wrecker Service to use Poole's impound yard for police directed tows after December 19, 1993. Except as modified herein, the decision of the City Manager is ordered implemented effective Wednesday,October 20, 1993. SECTION 7. Martinez Garage and Wrecker is found to have violated Chapter 4A,Tow Trucks, of the Code of Ordinances of the City of Huntsville,Texas,by collecting fees in excess of those set out in that ordinance,and by violating the ordinance more than three times since January 1, 1993. After considering the appeal of Martinez Garage and Wrecker from the decision of the City Manager dated October 1, 1993,City Council orders that decision of the City Manager is affirmed. SECTION 8. Pete Johnson Towing and Storage is found to have violated Chapter 4A, Tow Trucks,of the Code of Ordinances of the City of Huntsville,Texas,by collecting fees in excess of those set out in that ordinance,and by violating the ordinance more than three times since January 1, 1993. After considering the appeal of Pete Johnson Towing and Storage from the decision of the City Manager dated October 1, 1993,City Council orders that: a) Pete Johnson Towing and Storage is suspended from the City's rotation list for a period of six months from Wednesday, October 20, 1993,through Tuesday,April 19, 1994. b) Pete Johnson Towing and Storage is ordered to reimburse the persons whose vehicles were towed as a result of a police directed tow off the rotation list after January 1, 1993, $2,565.60 in overcharges. The suspension ordered in paragraph (a) above shall continue until such reimbursements are made. C) Pete Johnson Towing and Storage's storage facility is suspended from use for permittees using the City's rotation list for a period of two months from Wednesday,October 20,1993,through Sunday,December 19,1993. SECTION 9. Except as herein provided above,the decisions of the City Manager regarding the appeals considered by City Council are affirmed. If the owner of a vehicle involved in a collision designates as the tow truck service that the owner desires to move the vehicles a service that has been suspended from the tow list,then the designated tow truck service shall be permitted to tow the vehicle. SECTION 10. If any section,subsection,sentence,clause,phrase or portion of this ordinance is for any reason held invalid or unconstitutional,such portion shall be deemed a separate,distinct and independent provision and such holding shall not affect any of the remaining provisions of this ordinance. SECTION 11.All ordinances and parts of ordinances in conflict with the provisions of this ordinance are hereby repealed; provided,however,that such repeal shall be only to the extent of such inconsistency and in all other respects this ordinance shall be cumulative of other ordinances regulating and governing the subject matter covered by this ordinance. SECTION 12. This ordinance shall take effect from and after its passage. PASSED AND APPROVED this 19th day of October, 1993. THE CITY OF HUNTSVILLE W.H.Hodges, ay r ATTEST: Danna Welter,City Secretary IROVED: Scottouads,City Attorney RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: Ordinance 93-33 Notice of Intention C.O.-Street Sweeper 10-19-93 ORDINANCE NO.93-33 AN ORDINANCE AUTHORIZING PUBLICATION OF NOTICE TO BIDDERS AND NOTICE OF INTENTION TO ISSUE CERTIFICATES OF OBLIGATION FOR A NEW AND UNUSED SELF PROPELLED STREET SWEEPER; AND MAKING VARIOUS PROVISIONS RELATED THERETO. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE,TEXAS, that: SECTION 1: The City Manager is hereby authorized and directed to cause to be published a notice to bidders and notice to issue Certificates of Obligation in substantially the following form: NOTICE TO BIDDERS AND NOTICE OF INTENTION TO ISSUE CERTIFICATE OF OBLIGATION BID NO.941 NOTICE IS HEREBY GIVEN that the City of Huntsville, Teras,is now accepting sealed bids for one new and unused self propelled street sweeper. Bids will be received until 11:00 a.m., Monday, November 8, 1993, in the City of Huntsville Council Chambers, 1212 Avenue M, at which time bids will be opened. The City Council tentatively proposes to let a contract for such purpose and to authorize issuance of a Certificate of Obligation, in accordance with the terms and provisions of this notice,at its October 19,1993,meeting or at a subsequent meeting of the City Council in City Hall. Copies of specifications are on file and may be obtained or examined at the office of the Purchasing Department at City Hall at 1212 Avenue M. The City reserves the right to accept any bid deemed most advantageous, including alternates, to reject any or all bids, and to waive any informality. It is the intention of the City to pay all or any part of any contractual obligation to be incurred for such purchase by the issuance of a Certificate of Obligation of the City pursuant to Texas Local Government Code Chapter 271 and payable from City ad valorem taxes, in the maximum aggregate principal amount of$30,000,bearing interest at a rate not in excess of that prescribed by Texas Revised Civil Statutes Article 717k-2,and maturing over a period of years not to exceed 20 years from the date thereof. The successful bidder will be required to accept the Certificate of Obligation in payment of all or any part of the contract price. The City Council has made provisions for each contractor to sell and assign the Certificate of Obligation and each bidder is required to elect whether the contractor will accept the Certificate in payment of all or a part of the contract price, or assign the Certificate in accordance with such arrangements. SECTION 2: The notice set forth in Section 1 shall be published once a week for two (2) consecutive weeks in the Huntsville Item,a paper that is of general circulation in the City of Huntsville and that has been duly designated as the official newspaper of the City. The date of first publication shall not be less than fourteen(14)days prior to the date set in the notice for the receipt and opening of bids by the City. SECTION 3: This ordinance shall take effect and be in full force and effect immediately after its passage. PASSED AND APPROVED this 19th day of October, 1993. THE CITY OF HUNTSVILLE,TEXAS W.H.Hodges,Mayor ATTEST: Danna Welter,City Secretazy AP OVEVTO Sc tt Boun , RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: Ordinance 93-34 Notice of Intention C.O.-1/2 Ton Pick-up 10-19-93 ORDINANCE NO.93-34 AN ORDINANCE AUTHORIZING PUBLICATION OF NOTICE TO BIDDERS AND NOTICE OF INTENTION TO ISSUE CERTIFICATES OF OBLIGATION FOR ONE NEW AND UNUSED 1/2 TON FULL SIZE PICK UP;AND MAKING VARIOUS PROVISIONS RELATED THERETO. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE,TEXAS, that: SECTION 1: The City Manager is hereby authorized and directed to cause to be published a notice to bidders and notice to issue Certificates of Obligation in substantially the following form: NOTICE TO BIDDERS AND NOTICE OF INTENTION TO ISSUE CERTIFICATE OF OBLIGATION BID NO.94-3 NOTICE IS HEREBY GIVEN that the City of Huntsville, Texas, is now accepting sealed bids for one new and unused 112 ton full size pickup. Bids will be received until 11:30 a.m., Monday, November S, 1993, in the City of Huntsville Council Chambers, 1212 Avenue M, at which time bids will be opened. The City Council tentatively proposes to let a contract for such purpose and to authorize issuance of a Certificate of Obligation, in accordance with the terms and provisions of this notice, at its October 19, 1993, meeting or at a subsequent meeting of the City Council in City Hall. Copies of specifications are on file and may be obtained or examined at the office of the Purchasing Department at City Hall at 1212 Avenue M. The City reserves the right to accept any bid deemed most advantageous, including alternates, to reject any or all bids, and to waive any informality. It is the intention of the City to pay all or any part of any contractual obligation to be incurred for such purchase by the issuance of a Certificate of Obligation of the City pursuant to Texas Local Government Code Chapter 271 and payable from City ad valorem taxes, in the maximum aggregate principal amount of$16,000,bearing interest at a rate not in excess ofthat prescribed by Texas Revised Civil Statutes Article 717k-2,and maturing over a period ofyears not to exceed 20 years from the date thereof. The successful bidder will be required to accept the Certificate of Obligation in payment of all or any part of the contract price. The City Council has made provisions for each contractor to sell and assign the Certificate of Obligation and each bidder is required to elect whether the contractor will accept the Certificate in payment of all or a part of the contract price, or assign the Certificate in accordance with such arrangements. SECTION 2: The notice set forth in Section I shall be published once a week for two (2) consecutive weeks in the Huntsville Item,a paper that is of general circulation in the City of Huntsville and that has been duly designated as the official newspaper of the City. The date of first publication shall not be less than fourteen(14)days prior to the date set in the notice for the receipt and opening of bids by the City. SECTION 3: This ordinance shall take effect and be in full force and effect immediately after its passage. PASSED AND APPROVED this 19th day of October, 1993. THE CITY OF HUNTSVILLE,TEXAS 4 W.H.Hodges,Mayor ATTEST: 8im�i� Danna Welter,City Secretary APPVED S O F RM: Scoq Bo s City Attorney RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: Ordinance 93-35 City Manager/Approve Contract to$15,000 11-09-93 ORDINANCE NO.93-35 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE,TEXAS,PERMITTING THE CITY MANAGER TO ENTER INTO SOME CONTRACTS UP TO $15,000 WITHOUT THE APPROVAL OF CITY COUNCIL,AND MAKING OTHER FINDINGS AND PROVISIONS RELATED THERETO. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE,TEXAS,that: SECTION 1: Article IV. Purchasing Procedures of the Code of Ordinances of the City of Huntsville, Texas,is amended to read as follows: ARTICLE IV. PURCHASING PROCEDURES Section 2-50. Contracts approved by Council. a. All contracts for expenditures involving fifteen thousand dollars($15,000.00)or more must be expressly approved in advance by the City Council. b. All contracts for expenditures involving two thousand dollars($2,000.00)or more must be expressly approved in advance by the City Council, if.• 1) The expenditure is not budgeted;or 2) The city administration proposes to award the bid to other than the low bidder meeting specifications. Section 2-51. Emergency expenditures. The City Manager shall make a full report of the circumstances of any emergency purchase not made in accordance with the procedures set forth above. The report shall be filed with the City Council. Section 2-52. Purchasing manual. The City Manager shall with approval of the Council's Finance Committee publish a purchasing manual establishing purchasing procedures consistent with this chapter. Sections 2-53-2-59. Reserved. SECTION 2: This Ordinance shall take effect immediately. APPROVED this 9th day of November,1993. THE CITY OF HUNTSVILLE W.H.Hodges.Mayor ATTEST: LA), arma Welter,City Secretary APPROVED AS TO FORM: I ie� — Scott Bounds,City Attorney RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: Ordinance 93-36 Regulation of Cable TV Rates 11-09-93 ORDINANCE NO.93-36 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, PROVIDING FOR THE REGULATION OF BASIC SERVICE TIER RATES AND RELATED EQUIPMENT, INSTALLATION AND SERVICE CHARGES OF ANY CABLE TELEVISION SYSTEM OPERATING IN THE CITY OF HUNTSVILLE. WHEREAS on October 5, 1992,Congress enacted the Cable Television Consumer Protection and Competition Act of 1992 which,among other things,provided that the basic service tier rates,and the charges for related equipment,installation and services, of a cable television system(hereinafter'Basic Service Rates and Charges")shall be subject to regulation by a franchising authority in accordance with regulations prescribed by the Federal Communications Commission(hereinafter the"FCC"); and WHEREAS on April 1, 1993,the FCC prescribed such regulations in the Report and Order, In the Matter of Implementation of Sections of Cable Television Consumer Protection and Competition Act of 1992; Rate Regulation,ation,MM Docket 92-266, FCC 93-177(released May 3, 1993)(hereinafter the "FCC Rate Regulations"); and WHEREAS the City of Huntsville(hereinafter the"City")is a franchising authority with the legal authority to adopt,and the personnel to administer,regulations with respect to the Basic Service Rates and Charges of any cable television system operating in the City,including,without limitation,the system currently being operated by Huntsville Cable TV(hereinafter "the Company")pursuant to Ordinance 89-31 (hereinafter the "Franchise"); and WHEREAS the City desires to regulate the Basic Service Rates and Charges of the Company and any other cable television system operating in the City and shall do so in accordance with the FCC Rate Regulations, notwithstanding any different or inconsistent provisions in the Franchise; NOW,THEREFORE,be it ordained by the City Council of the City of Huntsville,Texas, that: SECTION 1: The City will follow the FCC Rate Regulations in its regulation of the Basic Service Rates and Charges of the Company and any other cable television system operating in the City,notwithstanding any different or inconsistent provisions in the Franchise. SECTION 2: In connection with such regulation,the City will ensure a reasonable opportunity for consideration of the views of interested parties. SECTION 3: The City Manager,or his or her designee,is authorized to execute on behalf of the City and file with the FCC such certification forms or other instruments as are now or may hereafter be required by the FCC Rate Regulations in order to enable the City to regulate Basic Service Rates and Charges. SECTION 4: This ordinance shall take effect immediately from and after its passage by City Council. Passed and approved this 9th day of November, 1993. THE CITY OF HUNTSVILLE W. H.Hodges,M o ATT T: (404 ansa Welter,City Secretary 2APP OVED AS TO FORM: Scott Bounds,City Attorney RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: Ordinance 93-37 TMRS-Updated Service Credits 11-09-93 ORDINANCE NO.93-37 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE,TEXAS,AUTHORIZING AND ALLOWING UNDER THE ACT GOVERNING THE TEXAS MUNICIPAL RETIREMENT SYSTEM, "UPDATED SERVICE CREDITS" IN THE SYSTEM ON AN ANNUAL BASIS FOR SERVICE PERFORMED BY QUALIFYING MEMBERS OF SUCH SYSTEM WHO AT THE EFFECTIVE DATE OF THE ALLOWANCE ARE IN THE EMPLOYMENT OF THE CITY OF HUNTSVILLE;PROVIDING FOR INCREASED PRIOR AND CURRENT SERVICE ANNUITIES FOR RETIREES AND BENEFICIARIES OF DECEASED RETIREES OF THE CITY; AND ESTABLISHING AN EFFECTIVE DATE FOR THE ORDINANCE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE,TEXAS, that: SECTION 1: Authorization of Updated Service Credits. (a) On the terms and conditions set out in Sections 853.401 through 853.404 of Subtitle G of Title 8, V.T.C.A., Government Code, as amended (hereinafter referred to as the "TMRS ACT"), each member of the Texas Municipal Retirement System(hereinafter referred to as "System") who has current service credit or prior service credit in the System in force and effect on the 1st day of January of the calendar year preceding such allowance,by reason of service in the employment of the City of Huntsville(hereinafter called the "City"),and on such date had at least 36 months of credited service with the System,shall be and is hereby allowed"Updated Service Credit"(as that term is defined in subsection(d)of Section 853.402 of the TMRS Act). (b) On the terms and conditions set out in Section 853.601 of the TMRS Act,any member of the System who is eligible for Updated Service Credits on the basis of service with this City,who has unforfeited credit for prior service and/or current service with another participating municipality or municipalities by reason of previous service, and was a contribution member on January 1, 1993,shall be credited with Updated Service Credits pursuant to, calculated in accordance with, and subject to adjustment as set forth in Section 853.601, both as to the initial grant hereunder and all future grants under this ordinance. (c) The Updated Service Credit hereby allowed and provided for shall be 100%of the"base Updated Service Credit" of the member (calculated as provided in subsection (c) of Section 853.402 of the TMRS Act). (d) Each Updated Service Credit allowed hereunder shall replace any Updated Service Credit, prior service credit, special prior service credit, or antecedent service credit previously authorized for part of the same service. (e) In accordance with the provisions of subsection(d)of Section 853.401 of the TMRS Act, the deposits required to be made to the System by employees of the several participating departments on account of current service shall be calculated from and after the effective date of this ordinance on the full amount of such person's compensation as an employee of the City. SECTION 2: Increase in Retirement Annuities. (a) On terms and conditions set out in Section 854.203 of the TMRS Act,the City hereby elects to allow and to provide for payment of the increases below stated in monthly benefits payable by the System to retired employees and to beneficiaries of deceased employees of the City under current service annuities and prior service annuities arising from service by such employees of the City. An annuity increased under this Section replaces any annuity or increased previously granted to the same person. (b) The amount of the annuity increase under this Section is computed as the sum of the prior service and current service annuities of the effective date of retirement of the person on whose service the annuities are based, multiplied by 70% of the percentage change in Consumer Price Index for All Urban Consumers,from December of the year immediately preceding the effective date of the person's retirement to the December that is 13 months before the effective date of this Section. (c) An increase in an annuity that was reduced because of an option selection is reducible in the same proportion and in the same manner that the original annuity was reduced. (d) If a computation hereunder does not result in an increase in the amount of an annuity, the amount of the annuity will not be changed hereunder. (e) The amount by which an increase under this Section exceeds all previously granted increases to an annuitant is an obligation of the City and of its account in the municipality accumulation fund of the system. SECTION 3: Dates of Allowances and Increases. The initial allowance of Updated Service Credit and increase in retirement annuities hereunder shall be effective on January 1, 1993, subject to approval by the Board of Trustees of the System. SECTION 4: Effective Date. Subject to approval by the Board of Trustees of the System,this ordinance shall be and become effective on the 1st day of January 1994. PASSED AND APPROVED this the 9th day of November, 1993. THE CITY OF HUNTSVILLE W.H. Hodges,Mayor ATTEST: Danns Welter, City Secretary APPPQ0VED AS TO FORM: Scott Boun s,City Attorney RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: Ordinance 93-38 CO/Notice-Cab/Chassis;Garb.Trk./St.Sweeper 11-30-93 nI ORDINANCE NO.93-38 AN ORDINANCE AUTHORIZING PUBLICATION OF NOTICE TO BIDDERS AND NOTICE OF INTENTION TO ISSUE CERTIFICATES OF OBLIGATION FOR A 1994 CAB AND CHASSIS FOR ASPHALT DISTRIBUTOR, A 1994 DIESEL POWERED FRONT LOADING GARBAGE TRUCK, AND A SELF PROPELLED STREET SWEEPER; AND MAKING VARIOUS PROVISIONS RELATED THERETO. WHEREAS The City has previously authorized bidding and issuance of certificates of obligation for a self propelled street sweeper; and WHEREAS The City desires to reject the bids for the self propelled street sweeper,re-bid the project,and authorize bids on additional items; NOW,THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE,TEXAS,that: SECTION 1: The bids previously received for a self propelled street sweeper are rejected. SECTION 2:The City Manager is hereby authorized and directed to cause to be published a notice to bidders and notice to issue Certificates of Obligation in substantially the following form: NOTICE TO BIDDERS AND NOTICE OF INTENTION TO ISSUE CERTIFICATES OF OBLIGATION NOTICE IS HEREBY GIVEN that the City of Huntsville, Texas, is now accepting sealed bids for the below listed items. Bids for these items will be received in the City Council Chambers at 1212 Avenue M,at which time bids will be opened. The following lists these items and the dates and times for bid opening. Bid 94-5- 1994 Cab and Chassis for Asphalt Distributor 10:00 a.in.,Monday,December 20, 1993 Bid 94-4- 1994 Diesel Powered Front Loading Garbage Truck 10:30 a.in., Monday, December 20, 1993 Bid 94-7- Self Propelled Street Sweeper 11:00 a.m., Monday, December 20, 1993 The City Council tentatively proposes to let contracts for such purposes and to authorize issuance of Certificates of Obligation, in accordance with the teens and provisions of this notice, at its November 30, 1993 meeting or at a subsequent meeting of the City Council in City Hall. Copies of specifications are on file and may be obtained or examined at the office of the Purchasing Department at City Hall at 1212 Avenue M. The City reserves the right to accept any bid deemed most advantageous, including alternates, to reject any or all bids, and to waive any informality. It is the intention of the City to pay all or any part of any contractual obligations to be incurred for such purchases by the issuance of Certificates of Obligation of the City pursuant to Texas Local Government Code Chapter 271 and payable from City ad valorem taxes, in the maximum aggregate principal amount of$35,000 for Bid 94-5, $130,000 for Bid 94-4, and$30,000 for Bid 94-7, bearing interest at a rate not in excess of that prescribed by Texas Revised Civil Statutes Article 717k-2,and maturing over a period of years not to exceed 20 years from the date thereof. The successful bidders will be required to accept a Certificate of Obligation in payment of all or any part of the contract price. The City Council has made provisions for each contractor to sell and assign the Certificate of Obligation and each bidder is required to elect whether the contractor will accept the Certificate in payment of all or a part of the contract price, or assign the Certificate in accordance with such arrangements. SECTION 3: The notice set forth in Section 2 shall be published once a week for two (2) consecutive weeks in the Huntsville Item,a paper that is of general circulation in the City of Huntsville and that has been duly designated as the official newspaper of the City. The date of first publication shall not be less than fourteen(14)days prior to the date set in the notice for the receipt and opening of bids by the City. SECTION 4: This ordinance shall take effect and be in full force and effect immediately after its passage. PASSED AND APPROVED this 30th day of November, 1993. THE CITY OF HUNTSVILLE,TEXAS W.H. Hodges,Mayor A EST: Danna Welter, City Secretary AP OVED S TO FORM: S ott Bounds,City Attorney RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: Ordinance 93-39 GSU-One Time Refund to Rate Payers'Bills 12-14-93 CI ORDINANCE NO. 93-39 AN ORDINANCE OF THE CITY OF Huntsville TEXAS, ORDERING A ONE-TIME REFUND TO RATEPAYERS' BILLS; ORDERING THAT THIS ORDINANCE BE SERVED ON GULF STATES UTILITIES COMPANY; PRESERVING REGULATORY RIGHTS OF THE CITY; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES. WHEREAS, Gulf States Utilities Company ("Gulf States") and certain other parties thereto have settled the appeal of Docket No. 8702, Gulf States' 1991 rate case; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF Huntsville , TEXAS: PART 1. It is hereby ordered that ratepayers within the City receive a one-time refund in the amount of $2.96 million related to settlement of the appeal of Docket No. 8702 on a Texas retail systemwide basis as a separate line item credit which, to the extent possible, shall be applied to and reflected on all bills rendered to existing ratepayers during the billing month of December 1993. Such refund shall be allocated as agreed by Gulf States and the other parties thereto. PART 2. This Ordinance shall be served on Gulf States by U.S. mail to Cecil L. Johnson, Vice President-Legal Services, Gulf States Utilities Company, P. 0. Box 2951, Beaumont, Texas, 77704. PART 3. Nothing in this Ordinance shall be construed now or hereafter as limiting or modifying, in any manner, the right and power of the City under the law to regulate the rates and charges of Gulf States. PART 4. All Ordinances, Resolutions, or parts thereof, in conflict herewith are repealed to the extent of such conflict. PASSED FINALLY on this 14th day of December 1993. ayor ATTES Pity Secretar GULF STATESUTILITIES COMPANY P O S T O F F I C E B O X 2 9 5 1 • B E A U M O N T, TEXAS 7 7 7 0 4 AREA CODE 4 0 9 83a.663 1 W.J.JEFFERSON Vice President Rat_dRegulatoryAf(alrs December 1, 1993 (409)839.2158 Mayor William H. Hodges City of Huntsville 1212 Avenue M Huntsville, TX 77340 Re: Approval of Ordinance Implementing $2.96 Million Refund Dear Mayor Hodges: As part of the settlement of the rate matters pending in the Texas service territory of Gulf States Utilities Company ("Gulf States"), Gulf States has agreed to provide a refund of $2.96 million in December. This refund is in addition to the $20 million bill credit and two-step rate decrease provided for in the previous Rate Ordinance, which Gulf States submitted to your city in November. In order to make this refund effective on a Texas retail systemwide basis, each city in Gulf States' service territory must pass an ordinance implementing the refund. Attached please find a draft ordinance implementing the $2.96 million refund. As the refund is scheduled to be made in customer bills rendered to existing ratepayers during the billing month of December 1993, please schedule this matter for city council consideration as soon as possible. If you have any questions regarding this matter, please call your local Gulf States representative. Sincerely, WJJ/KMC/js Attachment CITY COUNCIL APPROVED 12-i�-93 RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: Ordinance 93-40 Amend/Ratify Employee Medical Benefit Plan 12-14-93 i ORDINANCE NO. 93-40 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE,TEXAS,AMENDING AND RATIFYING THE EMPLOYEE MEDICAL BENEFIT PLAN; AND MAKING OTHER FINDINGS AND PROVISIONS RELATED THERETO. WHEREAS the Trustees of the Employee Medical Benefit Plan of the City of Huntsville, Texas,have recommended certain changes in the Plan encouraging use of generic drugs, limiting the deductible for hospital stays, broadening the definition of "child"and"children",lessening the documentation requirement for spouses and children,broadening the definition of"physician"to include certain counselors, amending the definition of"dependent"to cover certain college students who take fewer course hours;and WHEREAS the City of Huntsville Employee Health Plan and Plan Summary have been rewritten to facilitate use;and WHEREAS the City Council desires to implement and ratify these changes; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS,that: Section 1. "THE CITY OF HUNTSVILLE EMPLOYEE HEALTH PLAN",attached hereto as exhibit "a" is hereby adopted as the plan document of the City of Huntsville Employee Health Plan and Trust. Section 2. The amendments related to preexisting coverage shall take effect as of October 1, 1992. The provisions related to new born and well baby care shall take effect as of July 1, 1993. All other substantive amendments to the previous plan document shall take effect October 1, 1993. Except as specifically provided above, this ordinance shall take effect from and after its adoption by City Council. PASSED AND APPROVED this the 14th day of December, 1993. THE CITY OF HUNTSVILLE W. A. Hodges,Mayor Y ATTEST: 1 tu&�y� ,e/�� Danna Welter, City Secretary APPROVED AS TO FORM: L Z./- Scott Bounds, City Attorney RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: Ordinance 94-01 Canvass City Officer's Election of 01-15-94 01-18-94 r� ORDINANCE NO.94-01 AN ORDINANCE CANVASSING THE RETURNS OF THE REGULAR MUNICIPAL ELECTION HELD WITHIN THE CITY OF HUNTSVILLE ON THE 15TH DAY OF JANUARY, 1994, FOR THE PURPOSE OF ELECTING FOUR COUNCILMEMBERS, ONE FROM EACH OF THE CITY'S FOUR AT-LARGE POSITIONS;DECLARING THE RESULTS OF THE ELECTION; FINDING THAT NOTICE OF THE ELECTION WAS DULY AND PROPERLY GIVEN, THAT THE ELECTION WAS PROPERLY HELD AND RETURNS THEREOF MADE BY THE PROPER OFFICIALS IN ACCORDANCE WITH THE LAWS OF THE STATE. WHEREAS pursuant to Section 6.07 of the Charter of the City of Huntsville,the City Council, at a regular meeting held on the 18th day of January,1994,proceeded to canvass the returns of the regular municipal election held in the City on the 15th day of January, 1994,for the purpose of electing four Councilmembers,one from each of the City's at-large positions;and WHEREAS the election was held under and pursuant to the provisions of Ordinance No.93-31 calling the election;and WHEREAS the election was duly and regularly had as called in the ordinance and according to law,and the election returns were made and the election judges have certified the results of the election, and the City Council, having duly and regularly canvassed the returns of the election and finding that the total votes cast at the election were as follows: FOR COUNCILMEMBER AT-LARGE,POSITION 1 JEFF SMITHERMAN .............................. 25 CAROL M.WILK ................................ 157 BRIAN ELVIN .................................. 141 DAN DAVIS ........................... ........ 753 CHRISTY A.WOODWARD .......................... 78 WRITE-INS ...................................... 1 FOR COUNCILMEMBER AT-LARGE,POSITION 2 MARJORIE REX ................................ 665 MICHAEL PECK .......... ............ .......... 433 DON EDWARDS ................................. 57 WRITE-INS ............................ .......... 5 FOR COUNCILMEMBER AT-LARGE,POSITION 3 BRADLEY C.COOK ............................. 425 CLINT W.CROLEY ............................... 48 JIM CARTER................................... 579 JOHN JAFREH .................................. 74 WRITE-INS ...................................... 8 FOR COUNCILMEMBER AT-LARGE,POSITION 4 BETTE NELSON ................................ 459 HOWARD MARTIN JR. ............................ 55 DAVID MARTINEZ............................... 374 RAY SANDERS ................................. 244 WRITE-INS ...................................... 2 WHEREAS the City Council of the City of Huntsville finds that the election returns set out above are accurate and correct,and no election protest or contest has been filed with Council or instituted in connection with the election returns: NOW THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE,TEXAS,that: SECTION 1: Dan Davis received a majority of the votes cast at the election for the office of Councilmember At-Large,Position One,and accordingly,Dan Davis is declared elected to the office of Councilmember At-Large,Position One,subject to the taking of his oath and filing bond as provided by the laws of the State of Texas. SECTION 2: Marjorie Rex received a majority of the votes cast at the election for the office of Councilmember At-Large, Position Two, and accordingly, Marjorie Rex is declared elected to the office of Councilmember At-Large,Position Two,subject to the taking of her oath and filing bond as provided by the laws of the State of Texas. SECTION 3: Jim Carter received a majority of the votes cast at the election for the office of Councilmember At-Large,Position Three,and accordingly,Jim Carter is declared elected to the office of Councilmember At-Large,Position Three,subject to the taking of his oath and filing bond as provided by the laws of the State of Texas. SECTION 4: Bette Nelson received 459 votes, Howard Martin Jr. received 55 votes, David Martinez received 374 votes,Ray Sanders received 244 votes,and there were 2 write-in votes for Councilmember At-Large, Position Four. Accordingly, no candidate was elected by a majority of the votes. There will be a runoff election between Bette Nelson and David Martinez on February 5, 1994,for the position of Councilmember At-Large,Position Four. SECTION 6: City Council finds that the notice of the election was duly and properly given as required by law and as provided in ordinance calling the election, and that the election was duly and regularly held and the returns thereof duly and regularly made by the proper officials of the election,and in all things according to the law. SECTION 7: This ordinance shall take effect immediately from and after its passage. APPROVED this 18th day of January, 1994. THE CITY OF HUNTSVILLE,TEXAS W.H.Hodges,Mayor ATTEgST: � Danna Welter,City Secretary APPROVED A TO FORM: Sco I Bo ds,City Attorney JANUARY 15, 1994 CITY OFFICERS ELECTION CITY OFFICERS ELECTION RESULTS VOTERS BY CITY PRECINCTS POSITION/ CANDIDATE EARLY 101- 102' 201 206-. 301401 T.T. POSITION 1 JEFF SNIITHERMAN 4 2 4 6 1 4 4 25 CAROL M.WI LK 47 12 37 19 11 10 21 'til BRIAN ELVIN 29 5 36 20 15 12 24 141 DAN DAVIS 205 23 188 131 94 38 74 753 CHRISTY A.WOODWARD 21 3 20 9 5 10 10 78 WRITE-INS 0 I 1 0 0 1 0 0 1 0 1 1 POSITION 2 MARJORIE REX 191 26 183 102 60 30 73 665 MICHAEL PECK 108 18 90 67 61 39 50 '433- DON EDWARDS 4 2 19 16 6 4 6 57 WRTIE-INS 1 0 0 1 0 0 3 -5 POSITION 3 BRADLEY C.COOK 116 14 106 65 62 18 44 425 CLINT W.CROLEY 11 3 10 15 0 5 4 --:48 JIM CARTER 161 27 142 96 48 39 66 579 JOHN JAFREH 12 1 1 18 1 8 9 8 18 74 WRITE-INS 1 0 3 0 0 3 1 8 POSITION 4 BETTE NELSON 140 13 114 71 47 24 50 459 HOWARD MARTIN JR 10 1 10 16 6 4 8 55 DAVID MARTINEZ 92 29 80 63 34 36 40 374 RAY SANDERS 61 2 75 34 35 8 29 244 WRITE-INS 1 0 0 1 0 0 0 2 RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: Ordinance 94-02 Call Runoff Election for 02-05-94(Position 4) 01-18-94 CI �cl c�fl r�ti ORDINANCE NO.94-02 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE,TEXAS,ORDERING A SPECIAL RUNOFF MUNICIPAL ELECTION TO BE HELD ON THE 5TH DAY OF FEBRUARY,1994,FOR THE PURPOSE OF ELECTING ONE COUNCILMEMBER FOR AT- LARGE, POSITION 4; PROVIDING FOR ELECTION OFFICERS; DESIGNATING THE PLACES AND MANNER OF HOLDING THE ELECTION;AND PROVIDING FOR THE POSTING AND PUBLICATION OF THIS NOTICE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, that: SECTION 1: A runoff municipal election of the City of Huntsville,prescribed by Section 6.02 of the City Charter,shall be held between the hours of seven(7:00)o'clock a.m. and seven(7:00)o'clock p.m.on the 5th day of February, 1994,in the City for the purpose of electing a Councilmember for At-Large,Position 4. SECTION 2. The City is hereby divided into six(6)election precincts,the precincts to have the same boundaries as County election precinct numbers 101,102,201,206,301,and 401. The polling places and election officials for these election precincts shall be as follows: Precinct Polling Place Judge/Alternate Judge 101 First Baptist Church JamesHartson/DoloresGriffin 1530 10th Street 102 Walker County Courthouse Lillian Nimmo/Elizabeth Olin 1100 University Avenue 201 First Presbyterian Church Betty Dunlap/John Holcombe 1801 19th Street 206 Region VI Education Building May Jeanne Coers/David Bums 3332 Montgomery Road(F.M. 1374) 301 Martin Luther King Center Betty Haynes/Russell Martinez 300 Avenue F(Martin Luther King Blvd.) 401 Second Baptist Church Doug Shearer/Delora King 720 South Sam Houston Avenue 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. SECTION 4. One Councilmember shall be selected for At-Large Position 4,by a majority vote of the registered voters of the City voting at the runoff election. The Councilmember to be elected shall hold office for a period of two(2)years. SECTION 5. The Councilmember shall be a citizen of the United States,qualified voter of the State of Texas, resident within the present corporate limits of Huntsville for at least twelve(12)months,and current in payment of taxes and assessments due to the City. SECTION 6. The order in which the names of the candidates are to be printed on the ballot shall be determined by a drawing of the City Secretary as provided by section 52.094 of the Texas Election Code,after 24 hours posted notice. The form of the ballot for the election shall be as follows: OFFICIAL BALLOT RUNOFF ELECTION OF THE CITY OF HUNTSVILLE,TEXAS FEBRUARY 5,1994 INSTRUCTION NOTE: Vote for the candidate of your choice by placing an"X" in the square beside the candidate's name. Councilmember At Large,Position 4 (Vote for one) SECTION 7. City Secretary,Danna Welter,is appointed as the Early Voting Clerk,and City Hall 1212 Avenue M Huntsville,Texas 77340 is designated as the place for early voting for the election. The beginning date of early voting shall be January 19, 1994,and the last day of early voting shall be February 1, 1994. During the lawful early voting period,the early voting clerk shall keep the place for early voting open for early voting from 8:00 a.m.to 5:00 p.m.on each day except Saturdays,Sundays,and official state holidays. SECTION 8. James Mathis is appointed as the presiding judge of the early ballot board,and is directed to perform the duties required of such by Chapter 87 of the Texas Election Code. SECTION 9. The Mayor and City Secretary are directed to give notice of the election by: (a) publishing the notice at least ten (10) days before the election in the newspaper(Huntsville City Charter§6.02);and (b) posting at the City Hall bulletin board notice of the election at least fifteen (15)days before the election(Texas Election Code§2.026). The Mayor and City Secretary shall file with the City Secretary a copy of the notice as published,together with the name of the newspaper and the dates of publication. SECTION 10. This ordinance shall take effect from and after its passage. PASSED AND APPROVED this 18th day of January, 1994. THE CITY OF HUNTSVILLE William H.Hodges,Mayor ATTEST: Danna Welter,City Secretary APP 4Bon ' SnotCity Attorney RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: Ordinance 94-3 No Parking Zones(Various) 01-18-94 J ORDINANCE NO.94-03 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE,TEXAS,AMENDING CHAPTER 12,MOTOR VEHICLES AND TRAFFIC,OF ITS CODE OF ORDINANCES BY ESTABLISHING NO PARKING ZONES ON PARTS OF PLEASANT STREET,20 1/2 STREET, AVENUE L 1/2, OLIVE STREET, WHITE CIRCLE, NANCE CIRCLE, HOWARD CIRCLE,ESTILL STREET,AVENUE N AND 10TH STREET; PROVIDING A PENALTY OF UP TO $200 A DAY FOR CERTAIN VIOLATIONS; MAKING OTHER RELATED FINDINGS AND PROVISIONS RELATED THERETO; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE,TEXAS, THAT: Section 1: The following described curb zones and areas are designated as no parking zones: Street Name Side of Street Limits Type Pleasant Street Both Front N.Hwy. 75 East 40 feet No Parking at Any Time 20 112 Street North From Sam Houston Avenue No Parking at Any Tinre East 274 feet Avenue L 112 East Between 20117 and 21st Streets No Parking at Any Time Olive Street South From Sycamore East 373 feet No Parking Here to Carver White Circle Both Entire street No Parking at Any Time Nance Circle Both Entire street No Parking at Any Time Howard Circle Both Entire street No Parking at Any Time Estill Street Both Entire street No Parking at Any Thne Avenue N Both From 10th Street North 42 feet No Parking at Any Time 10th Street North Front Avenue N East 252 feet No Parking at Any Thne Section 2: Schedule III,No Parking Zones,of Chapter 12,Motor Vehicles and Traffic,of the Code of Ordinances of the City of Huntsville,Texas,shall be revised to reflect the amendments made by this ordinance. Section 3: The City Manager is authorized and directed to cause the posting of proper signs along the above described streets and parking zones. Section 4: It shall be unlawful for driver of a vehicle to disobey the instruction of the signs placed in accordance with the provisions of this ordinance unless at the time otherwise directed by a Police Officer. Section 5: Any person, firm or corporation violating any provision of this ordinance or failing to comply with any requirement of the ordinance will be guilty of a misdemeanor and subject to a fine of up to two hundred($200.00)dollars upon conviction. Each day during or upon which said person shall violate or continue violation of any provision of this ordinance or non-compliance with any requirement of this ordinance shall constitute a distinct and separate offense. The violation of any provision of the ordinance or the failure to comply with any requirement of this ordinance shall each constitute a distinct and separate offense. Section 6: If any section,subsection,sentence,clause,phrase or portion of this ordinance is for any reason held invalid or unconstitutional, such portion shall be deemed a separate,distinct and independent provision and such holding shall not affect any of the remaining provisions of this ordinance. Section 7: All ordinances and parts of ordinances in conflict with the provisions of this ordinance are hereby repealed; provided,however,that such repeal shall be only to the extent of such inconsistency and in all other respects this ordinance shall be cumulative of other ordinances regulating and governing the subject matter covered by this ordinance. Section 8: This ordinance shall take effect ten(10)days after its passage by the City Council. The City Secretary shall publish the caption of this ordinance in the official City newspaper at least twice within ten(10)days of its passage. PASSED AND APPROVED THIS 18TH DAY OF JANUARY,1994. THE CITY OF HUNTSVILLE W.H.Hodges,Mayor ATTEST: Danna Welter,City Secretary APP VED AS TO FO Scott Bounds,City Attorney RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: Ordinance 94-4 Stop Intersection(Various) 01-18-94 (J l ORDINANCE NO.94-04 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, AMENDING CHAPTER 12, MOTOR VEHICLES AND TRAFFIC, OF ITS CODE OF ORDINANCES BY PROVIDING STOP SIGNS ON AVENUE O AT 22ND STREET (4-WAY), EASTHAM AT NORMAL PARK(4-WAY),EASTHAM AT ELMWOOD(4-WAY),18TH STREET AT AVENUE Q(4-WAY),AND 23RD STREET AT AVENUE P(3-WAY);PROVIDING A PENALTY OF UP TO $200 A DAY FOR CERTAIN VIOLATIONS; MAKING OTHER RELATED FINDINGS AND PROVISIONS RELATED THERETO; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE,TEXAS, THAT: Section 1: The following described intersections are designated as stop intersections: Intersection At Designated Avenue O 22nd Street 4-Way Stop Eastham Normal Park 4-Way Stop Eastham Elmwood 4-Way Stop 18th Street Avenue Q 4-Way Stop 23rd Street Avenue P 3-Way Stop Section 2: Schedule VIII,Stop Intersections,of Chapter 12,Motor Vehicles and Traffic,of the Code of Ordinances of the City of Huntsville,Texas,shall be revised to reflect the amendments made by this ordinance. Section 3: The City Manager is authorized and directed to cause the posting of proper signs at the above described intersection. Section 4: It shall be unlawful for driver of a vehicle to disobey the instruction of the signs placed in accordance with the provisions of this ordinance unless at the time otherwise directed by a Police Officer. Section 5: Any person, firm or corporation violating any provision of this ordinance or failing to comply with any requirement of the ordinance will be guilty of a misdemeanor and subject to a fine of up to two hundred($200.00)dollars upon conviction. Each day during or upon which said person shall violate or continue violation of any provision of this ordinance or non-compliance with any requirement of this ordinance shall constitute a distinct and separate offense. The violation of any provision of the ordinance or the failure to comply with any requirement of this ordinance shall each constitute a distinct and separate offense. Section 6: If any section,subsection,sentence,clause,phrase or portion of this ordinance is for any reason held invalid or unconstitutional,such portion shall be deemed a separate,distinct and independent provision and such holding shall not affect any of the remaining provisions of this ordinance. Section 7: All ordinances and parts of ordinances in conflict with the provisions of this ordinance are hereby repealed; provided,however,that such repeal shall be only to the extent of such inconsistency and in all other respects this ordinance shall be cumulative of other ordinances regulating and governing the subject matter covered by this ordinance. Section 8: This ordinance shall take effect ten(10)days after its passage by the City Council. The City Secretary shall publish the caption of this ordinance in the official City newspaper at least twice within ten(10)days of its passage. PASSED AND APPROVED THIS 18TH DAY OF JANUARY,1994. THE CITY OF HUNTSVILLE _5;1'4_1� W.H.Hodges,Mayor ATTEST: Danna Welter,City Secretary APPR% ED AS O FORM: Scott Bo ds,City Attorney RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: Ordinance 94-05 CO/Authorize Issuance-Cab&Chassis 01-18-94 r ORDINANCE NO 94-05 AN ORDINANCE AUTHORIZING ISSUANCE OF A CITY OF HUNTSVILLE, TEXAS, EQUIPMENT ACQUISITION CERTIFICATE OF OBLIGATION FOR A CAB AND CHASSIS FOR THE ASPHALT DISTRIBUTOR IN THE AMOUNT OF $31,722; AND CONTAINING OTHER PROVISIONS RELATED TO THE SUBJECT. WHEREAS the City Council of the City of Huntsville received competitive bids for a cab and chassis for the asphalt distributor,and awarded a contract for the purchase of such equipment in accordance with Texas Local Government Code Chapter 271 to Moore-Henry Motors,in the amount of$31,722;and WHEREAS the City published notice of intention to issue a Certificate of Obligation payable from City ad valorem taxes for the purpose of evidencing the indebtedness of the City for all or part of the purchase of the cab and chassis for the asphalt distributor at an amount not to exceed$35,000;and WHEREAS the notice of intention to issue a Certificate of Obligation was published at the times and in the manner required by Texas Local Government Code Chapter 271 on December 3 and 10, 1993. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE,TEXAS;that: Section 1: The City Council ratifies the contract with Moore-Henry Motors to purchase the cab and chassis for the asphalt distributor and hereby confirms the purchase of such equipment. Section 2: An interest bearing Certificate of Obligation of the City of Huntsville,Texas,to be known and designated as"City of Huntsville,Texas,Equipment Acquisition Certificate of Obligation"is hereby authorized to be issued and delivered in the principal amount of$31,722 for the purpose of acquiring the cab and chassis for the asphalt distributor for use by the City,and the Mayor and City Secretary shall have joint control of the certificate for the purpose of delivering same to the owner in accordance herewith. Section 3: The Certificate shall be dated January 18, 1994,shall mature and be payable in five(5)equal installments(subject to the City's option of prior payment),shall be registered as hereinafter set forth,and shall be in the following basic form: Dated: January 18,1994 Amount: $31,722 Issued: Register No.94-01 UNITED STATES OF AMERICA COUNTY OF WALKER STATE OF TEXAS CITY OF HUNTSVILLE,TEXAS,EQUIPMENT ACQUISITION CERTIFICATE OF OBLIGATION The City of Huntsville, a Municipal Corporation of the State of Texas, acknowledges itself indebted to and FOR VALUE RECEIVED hereby promises to pay to the registered owner hereof in installments and on the dates as below indicated the total sum of Thirty One Thousand Seven Hundred Twenty-Two And No/100 Dollars ($31,722)in lawful money of the United States of America,with interest thereon from date of issue until paid at the rate of_per cent per annum,payable on ,and annually thereafter on the _ day of of each and every year as hereinafter provided until such sum is fully paid. BOTH PRINCIPAL AND INTEREST on this Certificate of Obligation are hereby made payable in Huntsville, Walker County, Texas, without exchange or collection charges to the registered owner hereof, with such payments to be due on the dates and in the amounts as follows: DATE PRINCIPAL INTEREST TOTAL 1995 $ $ $ 1996 1997 1998 1999 The City reserves the right to prepay all or any part of this Certificate at any time prior to the due date or maturity thereof without premium or penalty of any kind. It is hereby certified and recited that all acts, conditions and things required to be done precedent to and in the issuance of this Certificate of Obligation, to render the same lawful and valid have been properly done, have happened and have been performed in regular and due time, form and manner as required by law;that due and proper provision has been made for the levy of a direct and continuing annual ad valorem tax against all taxable property within the said City sufficient to pay the interest on this Certificate of Obligation as due and to provide for the payment of each installment of principal as same matures;that the City has received full value and consideration for this Certificate of Obligation and that the total indebtedness of the City of Huntsville, including this Certificate of Obligation, does not exceed any constitutional or statutory limitation. This Certificate shall be registered as to principal and interest in the owner's name upon books of the City to be kept for that purpose at the office of the Finance Director of the City, the registrar, such registration to be noted hereon. After such registration, no transfer of this Certificate shall be valid unless made on the City's books at the request of the registered owner hereof,or his duly authorized agent,and similarly noted hereon. IN TESTIMONY WHEREOF the City Council has caused the seal of said City to be impressed hereon and this Certificate of Obligation to be signed by the Mayor and attested to by the City Secretary,the date of this Certificate of Obligation being the_day of 1994. DATE OF INITIAL DELIVERY OF THIS CERTIFICATE: W.H.Hodges,Mayor ATTEST: Danna Welter,City Secretary ASSIGNMENT AND TRANSFER Full consideration therefor being hereby acknowledged,this Certificate of Obligation was delivered to Moore-Henry Motors, the original holder, on this the day of 1994, and by it hereby assigned and transferred to MOORE-HENRY MOTORS By CERTIFICATE OF REGISTRATION IT IS HEREBY CERTIFIED that I have this day registered this Certificate as to principal in the name of the holder as indicated in the registration blank below,on the books kept by me for such purpose. The principal of and interest on this Certificate shall be payable only to the registered holder named in the below registration blanks. Signature Name of Date of Finance Director Registered Holder Registration (Registrar) Section 4: While the Certificate of Obligation or installment thereof is outstanding and unpaid,there shall be annually levied,assessed and collected in due time,form and manner a tax upon all of the taxable property in the City sufficient to pay the current interest thereon and to create sinking fund sufficient to pay each installment of principal as same becomes due,or a sinking fund of 2%,whichever is greater;and in order to pay the interest on the Certificate of Obligation for the first year and to create a sinking fund with which to pay the principal as the same becomes due,or a sinking fund of 2%,whichever is greater,there is hereby levied a sufficient tax on the taxable property in the City for the current year,and the same shall be assessed and collected and applied to the purposes named;and while the Certificate of Obligation is outstanding and unpaid,a tax each year at a rate from year to year as will be ample and sufficient to provide funds to pay the then current interest on the Certificate of Obligation and to provide the necessary sinking fund,full allowance being made for delinquencies and costs of collection, shall be and is hereby levied for each year,respectively, and the tax shall each year be assessed and collected and applied to the payment of the principal of and interest on the Certificate of Obligation,to be kept separate and apart from all other funds of the City. The City Council hereby declares and covenants that it will provide and levy a tax legally and fully sufficient for the Certificate of Obligation, it having been determined that the existing and available taxing authority of the City for such purposes is adequate to permit a legally sufficient tax in consideration of all other outstanding obligations. Section 5: The Mayor and City Secretary are hereby empowered and directed to proceed with the delivery of the Certificate of Obligation and the closing of the acquisition at the earliest practicable date and are authorized to complete the same in accordance with the terms hereof and to do all things necessary or prerequisite thereto. Section 6: The Certificate shall bear interest from the date of initial delivery shown on the face of each Certificate at a rate per annum not in excess of that prescribed by Article 717k-2,Texas Revised Civil Statutes,as amended,until maturity,or upon prepayment. At the time the Certificate of Obligation is issued the Certificate shall be registered and recorded by such register number on the books of said City to the registered owner thereof. Section 7: This ordinance shall take effect and be in force from and after its passage and approval. Section 8: Notwithstanding any other provision in the within ordinance to the contrary,as to the authorized issuing date for the Certificate of Obligation,the certificate shall be dated and bear interest from date of delivery and execution by the Mayor and City Secretary. PASSED AND APPROVED THIS 18TH DAY OF JANUARY,1994. CITY OF HUNTSVILLE,TEXAS W.H.Hodges,Mayor ATTEST: Danna Welter,City Secretary APPROVED: Scott Bounds,City Attorney RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: Ordinance 94-06 CO/Authorize Issuance-Street Sweeper 01-18-94 ORDINANCE NO 94-06 AN ORDINANCE AUTHORIZING ISSUANCE OF A CITY OF HUNTSVILLE, TEXAS, EQUIPMENT ACQUISITION CERTIFICATE OF OBLIGATION FOR ONE (1) SELF PROPELLED STREET SWEEPER IN THE AMOUNT OF $22,800; AND CONTAINING OTHER PROVISIONS RELATED TO THE SUBJECT. WHEREAS the City Council of the City of Huntsville received competitive bids for one(1) self propelled street sweeper, and awarded a contract for the purchase of such equipment in accordance with Texas Local Government Code Chapter 271 to R. B.Everett,in the amount of$22,800;and WHEREAS the City published notice of intention to issue a Certificate of Obligation payable from City ad valorem taxes for the purpose of evidencing the indebtedness of the City for all or part of the purchase of the one(1)self propelled street sweeper at an amount not to exceed$30,000;and WHEREAS the notice of intention to issue a Certificate of Obligation was published at the times and in the manner required by Texas Local Government Code Chapter 271 on December 3 and 10, 1993. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE,TEXAS;that: Section 1: The City Council ratifies the contract with R.B.Everett to purchase one(1)self propelled street sweeper and hereby confirms the purchase of such equipment. Section 2: An interest bearing Certificate of Obligation of the City of Huntsville,Texas,to be known and designated as "City of Huntsville, Texas,Equipment Acquisition Certificate of Obligation"is hereby authorized to be issued and delivered in the principal amount of$22,800 for the purpose of acquiring one(1)self propelled street sweeper for use by the City,and the Mayor and City Secretary shall have joint control of the certificate for the purpose of delivering same to the owner in accordance herewith. Section 3: The Certificate shall be dated January 18, 1994,shall mature and be payable in five(5)equal installments(subject to the City's option of prior payment),shall be registered as hereinafter set forth,and shall be in the following basic form: Dated: January 18,1994 Amount: $22,800 Issued: Register No.94-02 UNITED STATES OF AMERICA COUNTY OF WALKER STATE OF TEXAS CITY OF HUNTSVILLE,TEXAS,EQUIPMENT ACQUISITION CERTIFICATE OF OBLIGATION The City of Huntsville, a Municipal Corporation of the State of Texas, acknowledges itself indebted to and FOR VALUE RECEIVED hereby promises to pay to the registered owner hereof in installments and on the dates as below indicated the total sum of Twenty Two Thousand Eight Hundred And No/100 Dollars ($22,800)in lawful money of the United States of America,with interest thereon from date of issue until paid at the rate of per cent per annum,payable on -,and annually thereafter on the _ day of of each and every year as hereinafter provided until such sum is fully paid. BOTH PRINCIPAL AND INTEREST on this Certificate of Obligation are hereby made payable in Huntsville, Walker County, Texas, without exchange or collection charges to the registered owner hereof, with such payments to be due on the dates and in the amounts as follows: DATE PRINCIPAL INTEREST TOTAL 1995 $ $ $ 1996 1997 1998 1999 The City reserves the right to prepay all or any part of this Certificate at any time prior to the due date or maturity thereof without premium or penalty of any kind. It is hereby certified and recited that all acts, conditions and things required to be done precedent to and in the issuance of this Certificate of Obligation, to render the same lawful and valid have been properly done, have happened and have been performed in regular and due time, form and manner as required by law;that due and proper provision has been made for the levy of a direct and continuing annual ad valorem tax against all taxable property within the said City sufficient to pay the interest on this Certificate of Obligation as due and to provide for the payment of each installment of principal as same matures;that the City has received full value and consideration for this Certificate of Obligation and that the total indebtedness of the City of Huntsville, including this Certificate of Obligation, does not exceed any constitutional or statutory limitation. This Certificate shall be registered as to principal and interest in the owner's name upon books of the City to be kept for that purpose at the office of the Finance Director of the City, the registrar, such registration to be noted hereon. After such registration, no transfer of this Certificate shall be valid unless made on the City's books at the request of the registered owner hereof,or his duly authorized agent,and similarly noted hereon. IN TESTIMONY WHEREOF the City Council has caused the seal of said City to be impressed hereon and this Certificate of Obligation to be signed by the Mayor and attested to by the City Secretary,the date of this Certificate of Obligation being the_day of 1994. DATE OF INITIAL DELIVERY OF THIS CERTIFICATE: W.H.Hodges,Mayor ATTEST: Danna Welter,City Secretary ASSIGNMENT AND TRANSFER Full consideration therefor being hereby acknowledged,this Certificate of Obligation was delivered to R. B. Everett, the original holder, on this the day of 1994, and by it hereby assigned and transferred to R.B.EVERETT BY CERTIFICATE OF REGISTRATION IT IS HEREBY CERTIFIED that I have this day registered this Certificate as to principal in the name of the holder as indicated in the registration blank below,on the books kept by me for such purpose. The principal of and interest on this Certificate shall be payable only to the registered holder named in the below registration blanks. Signature Name of Date of Finance Director Registered Holder Registration (Registrar) Section 4: While the Certificate of Obligation or installment thereof is outstanding and unpaid,there shall be annually levied, assessed and collected in due time,form and manner a tax upon all of the taxable property in the City sufficient to pay the current interest thereon and to create sinking fund sufficient to pay each installment of principal as same becomes due,or a sinking fund of 2%,whichever is greater;and in order to pay the interest on the Certificate of Obligation for the first year and to create a sinking fund with which to pay the principal as the same becomes due,or a sinking fund of 2%,whichever is greater,there is hereby levied a sufficient tax on the taxable property in the City for the current year,and the same shall be assessed and collected and applied to the purposes named;and while the Certificate of Obligation is outstanding and unpaid,a tax each year at a rate from year to year as will be ample and sufficient to provide funds to pay the then current interest on the Certificate of Obligation and to provide the necessary sinking fund,full allowance being made for delinquencies and costs of collection, shall be and is hereby levied for each year,respectively,and the tax shall each year be assessed and collected and applied to the payment of the principal of and interest on the Certificate of Obligation, to be kept separate and apart from all other funds of the City. The City Council hereby declares and covenants that it will provide and levy a tax legally and fully sufficient for the Certificate of Obligation, it having been determined that the existing and available taxing authority of the City for such purposes is adequate to permit a legally sufficient tax in consideration of all other outstanding obligations. Section 5: The Mayor and City Secretary are hereby empowered and directed to proceed with the delivery of the Certificate of Obligation and the closing of the acquisition at the earliest practicable date and are authorized to complete the same in accordance with the terms hereof and to do all things necessary or prerequisite thereto. Section 6: The Certificate shall bear interest from the date of initial delivery shown on the face of each Certificate at a rate per annum not in excess of that prescribed by Article 717k-2,Texas Revised Civil Statutes,as amended,until maturity,or upon prepayment. At the time the Certificate of Obligation is issued the Certificate shall be registered and recorded by such register number on the books of said City to the registered owner thereof. Section 7: This ordinance shall take effect and be in force from and after its passage and approval. Section 8: Notwithstanding any other provision in the within ordinance to the contrary,as to the authorized issuing date for the Certificate of Obligation,the certificate shall be dated and bear interest from date of delivery and execution by the Mayor and City Secretary. PASSED AND APPROVED THIS 18TH DAY OF JANUARY,1994. CITY OF HUNTSVILLE,TEXAS _ W.H.Hodges,Mayor ATTEST: anna Welter,City Secretary APPRO D: Sco 4Bods,City Attomey RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: Ordinance 94-07 CO/Authorize Issuance-Garbage Truck 01-18-94 ORDINANCE NO 94-07 AN ORDINANCE AUTHORIZING ISSUANCE OF A CITY OF HUNTSVILLE, TEXAS, EQUIPMENT ACQUISITION CERTIFICATE OF OBLIGATION FOR ONE(1)NEW AND UNUSED 1994 DIESEL POWERED FRONT LOADING GARBAGE TRUCK IN THE AMOUNT OF $116,180; AND CONTAINING OTHER PROVISIONS RELATED TO THE SUBJECT. WHEREAS the City Council of the City of Huntsville received competitive bids for one(1) new and unused 1994 diesel powered front loading garbage truck,and awarded a contract for the purchase of such equipment in accordance with Texas Local Government Code Chapter 271 to Texas Municipal Truck Equipment, in the amount of$116,180;and WHEREAS the City published notice of intention to issue a Certificate of Obligation payable from City ad valorem taxes for the purpose of evidencing the indebtedness of the City for all or part of the purchase of the one(1) new and unused 1994 diesel powered front loading garbage truck at an amount not to exceed$130,000;and WHEREAS the notice of intention to issue a Certificate of Obligation was published at the times and in the manner required by Texas Local Government Code Chapter 271 on December 3 and 10, 1993. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE,TEXAS;that: Section 1: The City Council ratifies the contract with Texas Municipal Truck Equipment to purchase one(1)new and unused 1994 diesel powered front loading garbage truck and hereby confirms the purchase of such equipment. Section 2: An interest bearing Certificate of Obligation of the City of Huntsville,Texas,to be known and designated as "City of Huntsville,Texas,Equipment Acquisition Certificate of Obligation"is hereby authorized to be issued and delivered in the principal amount of$116,180 for the purpose of acquiring one(1)new and unused 1994 diesel powered front loading garbage truck for use by the City, and the Mayor and City Secretary shall have joint control of the certificate for the purpose of delivering same to the owner in accordance herewith. Section 3: The Certificate shall be dated January 18, 1994,shall mature and be payable in five(5)equal installments(subject to the City's option of prior payment),shall be registered as hereinafter set forth,and shall be in the following basic form: Dated: January 18,1994 Amount: $116,180 Issued• Register No.94-03 UNITED STATES OF AMERICA COUNTY OF WALKER STATE OF TEXAS CITY OF HUNTSVILLE,TEXAS,EQUIPMENT ACQUISITION CERTIFICATE OF OBLIGATION The City of Huntsville, a Municipal Corporation of the State of Texas, acknowledges itself indebted to and FOR VALUE RECEIVED hereby promises to pay to the registered owner hereof in installments and on the dates as below indicated the total sum of One Hundred Sixteen Thousand One Hundred Eighty And No/100 Dollars ($116,180) in lawful money of the United States of America,with interest thereon from date of issue until paid at the rate of_per cent per annum,payable on and annually thereafter on the_day of of each and every year as hereinafter provided until such sum is fully paid. BOTH PRINCIPAL AND INTEREST on this Certificate of Obligation are hereby made payable in Huntsville, Walker County, Texas, without exchange or collection charges to the registered owner hereof, with such payments to be due on the dates and in the amounts as follows: DATE PRINCIPAL INTEREST TOTAL 1995 $ $ $ 1996 1997 1998 1999 The City reserves the right to prepay all or any part of this Certificate at any time prior to the due date or maturity thereof without premium or penalty of any kind. It is hereby certified and recited that all acts, conditions and things required to be done precedent to and in the issuance of this Certificate of Obligation,to render the same lawful and valid have been properly done, have happened and have been performed in regular and due time,form and manner as required by law;that due and proper provision has been made for the levy of a direct and continuing annual ad valorem tax against all taxable property within the said City sufficient to pay the interest on this Certificate of Obligation as due and to provide for the payment of each installment of principal as same matures;that the City has received full value and consideration for this Certificate of Obligation and that the total indebtedness of the City of Huntsville, including this Certificate of Obligation, does not exceed any constitutional or statutory limitation. This Certificate shall be registered as to principal and interest in the owner's name upon books of the City to be kept for that purpose at the office of the Finance Director of the City, the registrar, such registration to be noted hereon. After such registration,no transfer of this Certificate shall be valid unless made on the City's books at the request of the registered owner hereof,or his duly authorized agent,and similarly noted hereon. IN TESTIMONY WHEREOF the City Council has caused the seal of said City to be impressed hereon and this Certificate of Obligation to be signed by the Mayor and attested to by the City Secretary,the date of this Certificate of Obligation being the day of 1994. DATE OF INITIAL DELIVERY OF THIS CERTIFICATE: W.H.Hodges,Mayor ATTEST: Danna Welter,City Secretary ASSIGNMENT AND TRANSFER Full consideration therefor being hereby acknowledged,this Certificate of Obligation was delivered to Texas Municipal Truck Equipment,the original holder,on this the day of 1994, and by it hereby assigned and transferred to TEXAS MUNICIPAL TRUCK EQUIPMENT By CERTIFICATE OF REGISTRATION IT IS HEREBY CERTIFIED that I have this day registered this Certificate as to principal in the name of the holder as indicated in the registration blank below,on the books kept by me for such purpose. The principal of and interest on this Certificate shall be payable only to the registered holder named in the below registration blanks. Signature Name of Date of Finance Director Registered Holder Registration (Registrar) Section 4: While the Certificate of Obligation or installment thereof is outstanding and unpaid,there shall be annually levied,assessed and collected in due time,form and manner a tax upon all of the taxable property in the City sufficient to pay the current interest thereon and to create sinking fund sufficient to pay each installment of principal as same becomes due,or a sinking fund of 2%,whichever is greater;and in order to pay the interest on the Certificate of Obligation for the first year and to create a sinking fund with which to pay the principal as the same becomes due,or a sinking fund of 2%,whichever is greater,there is hereby levied a sufficient tax on the taxable property in the City for the current year,and the same shall be assessed and collected and applied to the purposes named;and while the Certificate of Obligation is outstanding and unpaid,a tax each year at a rate from year to year as will be ample and sufficient to provide funds to pay the then current interest on the Certificate of Obligation and to provide the necessary sinking fund,full allowance being made for delinquencies and costs of collection, shall be and is hereby levied for each year,respectively, and the tax shall each year be assessed and collected and applied to the payment of the principal of and interest on the Certificate of Obligation, to be kept separate and apart from all other funds of the City. The City Council hereby declares and covenants that it will provide and levy a tax legally and fully sufficient for the Certificate of Obligation, it having been determined that the existing and available taxing authority of the City for such purposes is adequate to permit a legally sufficient tax in consideration of all other outstanding obligations. Section 5: The Mayor and City Secretary are hereby empowered and directed to proceed with the delivery of the Certificate of Obligation and the closing of the acquisition at the earliest practicable date and are authorized to complete the same in accordance with the terms hereof and to do all things necessary or prerequisite thereto. Section 6: The Certificate shall bear interest from the date of initial delivery shown on the face of each Certificate at a rate per annum not in excess of that prescribed by Article 717k-2,Texas Revised Civil Statutes,as amended,until maturity,or upon prepayment. At the time the Certificate of Obligation is issued the Certificate shall be registered and recorded by such register number on the books of said City to the registered owner thereof. Section 7: This ordinance shall take effect and be in force from and after its passage and approval. Section 8: Notwithstanding any other provision in the within ordinance to the contrary,as to the authorized issuing date for the Certificate of Obligation,the certificate shall be dated and bear interest from date of delivery and execution by the Mayor and City Secretary. PASSED AND APPROVED THIS 18TH DAY OF JANUARY,1994. CITY OF HHUNNTSVILLE,TEXAS W.H.Hodges,Mayor ATTEST: Danna Welter,City Secretary APPROVED: -jLd"j- Scott Bo ds,City Attomey RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: Ordinance 94-08 Canvass Runoff Elec.of 02-05-94(Position 4) 02-08-94 ORDINANCE NO.94-08 AN ORDINANCE CANVASSING THE RETURNS OF THE RUNOFF MUNICIPAL ELECTION HELD WITHIN THE CITY OF HUNTSVILLE ON THE 5TH DAY OF FEBRUARY, 1994, FOR THE PURPOSE OF ELECTING COUNCILMEMBER AT-LARGE, POSITION FOUR; DECLARING THE RESULTS OF THE ELECTION; FINDING THAT NOTICE OF THE ELECTION WAS DULY AND PROPERLY GIVEN, THAT THE ELECTION WAS PROPERLY HELD AND RETURNS THEREOF MADE BY THE PROPER OFFICIALS IN ACCORDANCE WITH THE LAWS OF THE STATE. WHEREAS pursuant to Section 6.07 of the Charter of the City of Huntsville,the City Council, at a regular meeting held on the 8th day of February,1994,proceeded to canvass the returns of the runoff municipal election held in the City on the 5th day of February, 1994, for the purpose of electing Councilmember At-Large, Position Four;and WHEREAS the election was held under and pursuant to the provisions of Ordinance No. 94-02 calling the election;and WHEREAS the election was duly and regularly held as called in the ordinance and according to law,and the election returns were made and the election judges have certified the results of the election, and the City Council, having duly and regularly canvassed the returns of the election and finding that the total votes cast at the election were as follows: FOR COUNCILMEMBER AT-LARGE,POSITION FOUR BETTE NELSON. . . . . . . .. . . . . . .. . . . 179 DAVID MARTINEZ . . . . . . . . . . . .. . . . 370 WHEREAS the City Council of the City of Huntsville finds that the election returns set out above are accurate and correct,and no election protest or contest has been filed with Council or instituted in connection with the election returns: NOW THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE,TEXAS,that: SECTION 1: David Martinez received a majority of the votes cast at the runoff election for the office of Councilmember At-Large, Position Four, and accordingly, David Martinez is declared elected to the office of Councilmember At-Large,Position Four,subject to the taking of his oath and filing bond as provided by the laws of the State of Texas. SECTION 2: City Council finds that the notice of the election was duly and properly given as required by law and as provided in ordinance calling the election, and that the election was duly and regularly held and the returns thereof duly and regularly made by the proper officials of the election,and in all things according to the law. SECTION 7: This ordinance shall take effect immediately from and after its passage. APPROVED this 8th day of February, 1994. THE CITY OF HUNTSVILLE,TEXAS Wes,Mayor ATTEST: / Danna Welter,City Secretary AP4Bs. ScoCity Attorney CITY OFFICER'S RUNOFF ELECTION COUNCILMEMBER AT-LARGE, POSITION 4 FEBRUARY 5, 1994 CANDIDATE PRECINCT BETTE NELSON DAVID MARTINEZ EARLY 61 143 101 4 21 102 43 68 201 36 43 206 15 19 301 10 30 40110 46 TOTALS 179 370 RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: Ordinance 94-09 Amend Investment Policies 02-08-94 ORDINANCE NO.94-09 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE,TEXAS,AMENDING ITS POLICIES FOR INVESTMENTS TO PERMIT INVESTMENT IN SOME INVESTMENT POOLS; AND PERMITTING PURCHASE OF SOME SECURITIES FROM APPROVED MEMBERS OF THE NATIONAL ASSOCIATION OF SECURITIES DEALERS;AND MAKING OTHER PROVISIONS RELATED THERETO. WHEREAS the Public Funds Investment Act, now Texas Government Code chapter 2256, requires the City to adopt written investment policies addressing liquidity, diversification,safety of principal,yield,maturity,and quality and capability of investment management,with primary emphasis on safety and liquidity; and WHEREAS the Public Funds Collateral Act, now Texas Government Code chapter 2257, requires the City to adopt written policies addressing investment securities eligible to secure deposits of public funds; WHEREAS Texas Local Government Code Chapter 105 generally authorizes depositories for municipal funds;and WHEREAS City Council desires to amend the investment policies it adopted on March 6, 1990, as amended October 1, 1990; NOW,THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE,TEXAS,that: SECTION 1: The attached City of Huntsville Investment Policy shall be adopted as the policy of the City regarding investments, investment securities, and depositories. SECTION 2: This ordinance shall take effect February 8, 1994. PASSED AND APPROVED on the 8th day of February, 1994. THE CITY OF HUNTSVILLE W. H. Hodges,Mayor ATTEST: anna Welter,City Secretary AP OVS TO FORM: Scbtt Bounds, City Attorney CITY OF HUNTSVILLE INVESTMENT POLICIES March 1,1990 As Amended February 8,1994 I. SCOPE OF AUTHORITY OF OFFICERS TO INVEST CITY FUNDS These policies are adopted by the City Council to direct,limit and authorize the City Manager and Department of Finance to administer and supervise the financial affairs of the City. Investment of Local Funds Act, now Texas Government Code Chapter 2256,subchapter B. Banking services shall be maintained separately from investment services. These investment policies shall apply to both banking services and investment services. These policies shall apply to all funds or financial resources available for investment by the City. These policies shall not,however,govern funds that are managed under separate investment programs such as retirement funds, pension funds, deferred compensation funds and certain private donations. Id.Public Funds Investment Act,now Texas Government Code Chapter 2256,subchapter,A,especially§2256.016. Those funds shall be maintained as required by federal and state law,other local policies,or donor stipulations. H. OBJECTIVES The objectives of the City's investment policies shall be, in order of priority: safety, liquidity and yield. A. Safety shall be the foremost objective of the City's investment policies. Safety shall be obtained through protection of principal and safekeeping. 1. The City shall control risk of loss due to the failure of a security issuer or guarantor. Such risk shall be controlled by investing in the safest types of securities,by qualifying the financial institution with whom the City will transact,and by portfolio diversification. 2. The City shall also control risks of loss by requiring collateral for depository bank funds to be held by a financial institution separate from the depository bank. "Texas Government Code Chapters 2256 and 2257;Texas Local Government Code Chapter 105. B. Liquidity shall be achieved by matching investment maturities with forecasted cash flow requirements and by investing in securities with active secondary markets. A security may be liquidated to meet unanticipated cash requirements, to redeploy cash into other investments expected to out perform current holdings, or to otherwise adjust the City's portfolio. -1- C. Yield. Investments,other than the overnight cash concentration account,shall be made in permitted obligations at yields equal to or greater than the bond equivalent yield on United States Treasury obligations of comparable maturity. In order to stabilize yield for budgeting purposes,the City shall maintain a portion of its investments in obligations with maturities greater than one year. No investment shall be made with a maturity greater than five years without express authority of the City Council or its Finance Committee. III. RESPONSIBILITY AND CONTROL A. The Director of Finance, under general supervision of the City Manager,shall direct the cash management program of the City. See City Charter art.XI. The City Manager and/or Director of Finance may deposit,withdraw,invest,transfer, and manage City funds. Texas Government Code Chapter 2256.055. B. The Director of Finance shall establish a system of internal controls that shall be reviewed by the Finance Committee. C. The Director of Finance shall make investments with judgment and care. D. In conjunction with the publication of the annual financial statement of the municipality, the Director of Finance shall prepare a report that describes in summary form: 1. the amount of receipts and expenditures of the City treasury; 2. the amount of money on hand; 3. the amount of bonds becoming due for redemption that require action; 4. the amount of interest to be paid during the next fiscal year;and 5. any other information required by law to be reported by the designated officer. Texas Local Government Code§105.092. In addition, the Director of Finance shall provide the Finance Committee a quarterly report if there are significant changes in investment portfolios or procedures. The Director of Finance shall provide the City Manager a monthly report, which shall include all securities held, average maturities, portfolio diversification,yields,income and all transactions executed for the month. -2- IV. AUTHORIZED INVESTMENTS A. The Director of Finance may invest only in the safest type of securities,which includes: 1. obligations of the United States or its agencies and instrumentalities; 2. direct obligations of the State of Texas or its agencies; 3. an obligation the principal of and interest in which are unconditionally guaranteed by the State of Texas,or the United States or its agencies and instrumentalities(Texas Government Code§2256.006); 4. a general or special obligation issued by a public agency,payable from taxes,revenues,or a combination of taxes and revenues that has been rated as to investment quality by a nationally recognized rating agency and that has a current rating of not less than A or its equivalent (Texas Government Code§2257002(6)B); 5. certificates of deposit issued by state and national banks domiciled in Texas that are: a. guaranteed or insured by the Federal Deposit Insurance Corporation,or its successors;or b. secured by governmental obligations that are described above(Texas Government Code§2256.007); 6. certificates of deposit issued by savings and loan associations domiciled in Texas that are: a. guaranteed or insured by the Federal Savings and Loan Insurance Corporation,or its successors;or b. secured by governmental obligations that are described above(Texas Government Code§2256.007); 7. prime domestic bankers'acceptances(Teves Government Code§2256.009); -3- 8. commercial paper with a stated maturity of 270 days or less from the date of its issuance that either: a. is rated not less than A-1, P-1,or the equivalent by at least two nationally recognized credit rating agencies;or b. is rated not less than A-1,P-1,or the equivalent by at least one nationally recognized credit rating agency and is fully secured by an irrevocable letter of credit issued by a national or state bond (Teves Government Code§2256.010); 9. fully collateralized repurchase agreements having a defined termination date, secured by direct obligations of the United States or its agencies, pledged with a third party selected and approved by the Director of Finance, and placed through a bank domiciled in Texas or a primary government securities dealer (as defined by the Federal Reserve) (Tessa Government Code§2256.008); 10. a no-load money market mutual fund that is registered with the Securities and Exchange Commission, has a dollar-weighted average portfolio maturity of 120 days or fewer;is invested solely in obligations described in §§ 2256.006 through 2256.010 of the Texas Government Code,and includes in its investment objectives the maintenance of a stable net asset value of$1 for each share; provided,however, the City may not invest either (a) in the aggregate more than 80% of its monthly average fund balance,excluding bond proceeds and reserves and other funds held for debt service in such money market mutual funds(b)its funds,excluding bond proceeds and reserves and other funds held for debt service,in any one money market mutual fund in an amount that exceeds 10%of the total assets of the money market mutual fund; 11. a public funds investment pool approved by resolution of the City which furnishes to the City investment transaction confirmations and a monthly report containing the types and percentage breakdown of securities in which the pool is invested,the current average dollar-weighted maturity of the pool, the percentage of the pool's portfolio in investments with a started maturity greater than one year,the amortized cost carrying value and market value of the pool's portfolio,the size of the pool,the number of participants in the pool, the safekeeping bank, a listing of daily transaction activity of the City,the yield and expense ratio of the pool,the portfolio manager of the pool and any changes or addenda to the offering circular;and -4- 12. common trust funds or a comparable investment device owned or administered by a bank domiciled in this state and whose assets consist of all or a combination of the obligations described above(Texas Government Code§2256.012). B. All investment transactions will be executed as a delivery versus payment basis. V. COLLATERALIZATION REQUIREMENTS A. All public funds held as a demand or time deposit at a bank or other depository shall be secured by eligible security. Texas Government Code§2257021. B. An eligible security means: 1. a surety bond; 2. an investment security;or 3. ownership or beneficial interest (but not merely an option contract to purchase or sell) any authorized investment. Texas Government Code § 2257.002(5). C. The market value of the collateral shall equal at least 102%of the cash value of a repurchase agreement. Otherwise,market value of the investment securities used as collateral should be at least equal to the deposits of public funds increased by the amount of any accrued interest and reduced by the extent of insurance through an agency of the United States. Texas Government Code§2257022. D. 1. A depository for the City may deposit investment securities pledged to secure deposits of public funds with a custodian that the City has approved as a custodian and that is either: a. a state or national bank domiciled in the State of Texas and which has a capital stock and permanent surplus of not less than $5 million. b. the Texas Treasury Safekeeping Trust Company;or C. a Federal Reserve Bank or its branches. Teves Government Code§2256. 2. The securities shall be held in trust by the custodian to secure the deposit of public funds of the City in the depository pledging the securities. Texas Government Code§2257024. -5- 3. On receipt of the investment securities,the custodian shall immediately, by book entry or otherwise,identify on its books and records the pledge of the securities to the City and shall promptly issue and deliver to the Director of Finance of the City trust receipts for the securities pledged. The security evidenced by the trust receipts is subject to inspection by the City or its agents at any time. Texas Government Code§2257045. 4. A custodian holding in trust investment securities of a depository may deposit the pledged securities with a permitted institution. These securities shall be held by the permitted institution to secure funds deposited by the City in the depository pledging the securities. On receipt of the securities, the permitted institution shall immediately issue to the custodian an advice of transaction or other document evidencing the deposit of the securities. When the pledged securities held by a custodian are deposited, the permitted institution may apply book entry procedures to the securities. The records of the permitted institution shall at all times reflect the name of the custodian depositing the pledged securities. The trust receipts the custodian issues to the City shall indicate that the custodian has deposited with the permitted institution the pledged securities held in trust for the depository pledging the securities. Texas Government Code§2257.042. 5. The custodian shall maintain separate, accurate, and complete records relating to the pledged investment securities and all transactions relating to the pledged investment securities. Texas Gov-n—r Code§2257046. E. The Director of Finance shall inform its depositories of significant changes in the amount or activity of public funds reasonably in advance of such changes. Texas Government Code§2257.026. VI. PURCHASE PROCEDURES A. The City may,without further bidding: 1. utilize any program established through the Texas Interlocal Cooperation Act which invests in funds authorized by the Public Funds Investment Act; or 2. purchase certificates of deposit or other approved securities through its primary depository bank. -6- B. Other investments should be made after competitive bids, when possible, are solicited. Competitive bids may be solicited orally,in writing,electronically,or in any combination of these methods. If a bank notifies the City that it is unable or unwilling to bid for investments,the City may presume that the bank is unable or unwilling to bid until the bank notifies the City otherwise in writing. Texas Government Code§2256.014. 1. An offer worksheet shall be kept for each bid transaction showing the name of dealer/bank contacted, name of the person quoting the yield, phone number of the person, amount of principal to be invested, yield quoted, type of investment, fund designation, maturity date, issue date, length of time invested,cusip number,receipt number,estimated interest to be earned, approval by the Director of Finance,and signature of the Director of Finance. 2. The City may utilize the Federal Reserve Bank and security dealers registered with the state which are approved by the Finance Committee for the purchase of direct U.S.Treasury obligations not purchased through a City banking depository. See Texas Government Code 2256.014. C. Investments shall not exceed more than 20%of the capitalization of the financial institution other than the main depository. No more than 75% of the City's total investments shall be concentrated in one institution other than the main depository. All City banking depositories qualify to perform investment services. VII. ESTABLISHMENT OF BANKING DEPOSITORY A. The City shall select a bank,credit union or savings association as its primary depository for normal banking transactions. In addition,the City may designate one or more other depositories for investment transactions. B. The City's primary banking depository shall do business in the City. Texas Local Government Code§105.011(b). C. Not more than four weeks and not less than one week before the City Council considers applications for its depository,the City shall publish at least once in the City's official newspaper a notice of the meeting at which applications are to be received. Texas Local Government Code§105.012. -7- D. A bank, credit union or savings association desiring to be selected as the city depository must deliver its application to the City Secretary on or before the time stated in the notice. The application shall be accompanied by an affidavit disclosing that conflict of interest, if any, that apply to the selection of the depository. The City's Finance Committee may review the applications and prepare a recommendation regarding the selection of depositories for Council. Texas Local Government Code§§105.013 et sem. - E. The City may,after considering the application and the recommendation,if any, of its staff and/or Finance Committee: 1. select as city depositories one or more banks, credit unions or savings associations that offer the most favorable terms and conditions for the handling of the municipal funds;or 2. reject any or all of the applications. F. The City shall retain the right to withdraw any municipal funds deposited in a depository that are not immediately required to pay obligations of the City and invest those funds in direct debt securities of the United States or another approved investment institution. Teas Local Governn+em Code§105.072. G. The Director of Finance shall immediately deposit in the depository to the credit of the City any money received. H. Except as provided for wire transfers to other depositories or ACH transfers,the funds of the City may be paid out of a depository only on the checks of the City. 1. Checks must be signed by the Mayor and City Manager or Finance Director. A facsimile signature may be used by the Mayor and/or City Manager. Teas Local Government Code 105.074(a) 2. Checks must be authorized by the Mayor, City Manager, or Finance Director. Teas Local Government Code 105.074(6) 3. No checks shall be drawn on a time deposit until its notice period has expired. Teas Local Government Code 105.074(d) 4. No check shall be drawn on a special fund created to pay bonded indebtedness other than to pay principal or interest on the indebtedness,or to invest the fund as provided by these polices or law. 5. All checks shall be payable by the depository at its place of business. Texas Local Government Code 105.075 -8- 6. The Director of Finance may, with approval of Council, pay a bond, coupon, or other indebtedness of the City at a place other than the depository if by its terms the indebtedness is payable on maturity at the other location. Texas Local Govermnenr Code 105.076 7. The Mayor,City Manager,Director of Finance,and Finance Assistant are authorized to each have full authority and are each empowered to take all actions and execute all documents necessary or incidental to investment agreements. VIII. INDEPENDENT AUDIT REVIEW The investment policy,internal control procedures, investment practices, investment performance,and reporting system shall be reviewed by the City's independent auditor annually. Texas Local Government Code Chapter 103. IX. ANNUAL REPORT At least once each year,the City Manager and Director of Finance shall jointly prepare, sign and deliver to the City Council a written report concerning the City's investment transactions for the preceding year and describing in detail the investment position of the City as of the date of the report. Teras Government Code§2256.057. -9- RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: Ordinance 94-10 Claim/Delivery CO-Street Sweeper 02-08-94 Cl ORDINANCE NO.94-10 AN ORDINANCE APPROVING CLAIM AND DELIVERY OF CERTIFICATES OF OBLIGATION FOR ONE (1) SELF PROPELLED STREET SWEEPER; AND CONTAINING OTHER PROVISIONS RELATED HERETO. WHEREAS the City Council of the City of Huntsville,Texas(City),by Ordinance No.93- 33, found that it was advisable for the City to purchase a self propelled street sweeper and that Certificates of Obligation be issued by the City for all or any part of the cost of same;and WHEREAS the notice for the action to issue Certificates of Obligation was published at the times and in the manner required by law; and WHEREAS the City awarded a contract to R. B. Everett in the amount of$22,800 as the lowest and best bid for the purchase of the self propelled street sweeper;and WHEREAS the City Council wishes to authorize payment thereof and delivery of a Certificate of Obligation. THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE,TEXAS,that: SECTION 1: There is now due and owing to R.B.Everett the sum of$22,800. SECTION 2:The Certificate of Obligation herein authorized to be delivered shall bear interest at the rate of 6.0%per annum from date of initial delivery shown on the face of such certificate. SECTION 3:There shall be executed and delivered to R. B. Everett a City of Huntsville, Texas,Equipment Acquisition Certificate of Obligation,dated February 9,1994. SECTION 4: The Mayor, City Secretary and other appropriate City officials are hereby authorized and directed to deliver the Certificate and to do any and all things necessary or convenient to carry out the terms of this ordinance. INTRODUCED,READ AND PASSED by the unanimous vote of the City Council of the City of Huntsville, on this the 8th day of February, 1994. CITY OF HUNTSVILLE,TEXAS W.H.Hodges,Mayor ATTEST: (/ anna Welter,City Secretary APPROVED AS TO FORM: ,�w L11'." Scott B unds, City Attorney skb City of Huntsvi e "TO BUILD AND SERVE A BETTER COMMUNITY' HUNTSVILLE,TEXAS 77340 1212 AVE.M (409)295-6471 February 23, 1994 Mrs.Doris Niederhofer P.O.Box 1195 Huntsville,Texas 77340 RE: Certificate of Obligation issued by the City of Huntsville in the amount of$22,800 Dear Mrs.Niederhofer: This is to certify that I have examined an Equipment Acquisition Certificate of Obligation to be issued by the City of Huntsville,Texas, in the amount of$22,800,bearing interest at a rate therein specified and payable as provided in the Certificate. This Certificate of Obligation is issued pursuant to the terms of Texas Local Government Code, Chapter 271,and is for the purpose of financing the acquisition of a self propelled street sweeper (road broom). This Certificate was authorized by ordinance dated February 8, 1994, which ordinance provides for the levying of a continuing direct annual ad valorem tax on all taxable property within the limits of the City of Huntsville,Texas,to pay the interest on such Certificate of Obligation and to create a sinking fund for redemption of the principal amount. The Ordinance also provides for the assessment and collection of such taxes and these provisions meet the requirements of the Statute and Article XI,Sections 5 and 7 of the Constitution of the State of Texas. At the time advertisement for bids was made concerning the equipment to be purchased, a provision was made indicating that the successful bidder needed to elect if the successful bidder would accept the Certificate of Obligation or endorse same over in accordance with arrangements made by the City of Huntsville, Texas. In this connection, the successful bidder elected to endorse these obligations to Doris Niederhofer. February 23, 1994 Page 2 Based upon the above,it is my opinion that this Certificate of Obligation is a legal,valid and binding obligation of the City of Huntsville,Texas,and the interest and principal due thereon is payable in accordance with the Certificate of Obligation from the budgeted funds of the City of Huntsville. The City's issuance,execution and delivery of the Certificate is not subject to any authorization,consent or review of any government body,public officers or regulatory authority not heretofore obtained. The interest on the Certificate of Obligation is(1)excludable from gross income for federal income tax purposes under Section 103(a)of the Internal Revenue Code of 1986, as amended, and existing regulations, rulings, and court decisions, and (2) does not constitute an individual or corporate alternative minimum tax preference item. Interest paid on tax-exempt obligations may,however,affect the alternative minimum taxable income of certain corporations. The accrual or receipt of such interest could therefore affect the federal income tax liability of the recipient,depending upon the recipient's particular tax status and other factors. Respectfully submitted, �W 4,1, Scott Bounds City Attorney SB/dlw Dated: January 18, 1994 Amount: $22,800 Issued:February 9, 1994 Register No.94-02 UNITED STATES OF AMERICA COUNTY OF WALKER STATE OF TEXAS CITY OF HUNTSVILLE,TEXAS,EQUIPMENT ACQUISITION CERTIFICATE OF OBLIGATION The City of Huntsville, a Municipal Corporation of the State of Texas, acknowledges itself indebted to and FOR VALUE RECEIVED hereby promises to pay to the registered owner hereof in installments and on the dates as below indicated the total sum of Twenty Two Thousand Eight Hundred And No/100 Dollars ($22,800)in lawful money of the United States of America, with interest thereon from date of issue until paid at the rate of 6.0%per cent per annum,payable on February 9, 1995, and annually thereafter on the 9th day of February of each and every year as hereinafter provided until such sum is fully paid. BOTH PRINCIPAL AND INTEREST on this Certificate of Obligation are hereby made payable in Huntsville, Walker County, Texas, without exchange or collection charges to the registered owner hereof, with such payments to be due on the dates and in the amounts as follows: DATE PRINCIPAL INTEREST TOTAL 1995 $ 5,700.00 $1,368.00 $ 7,068.00 1996 5,700.00 1,026.00 6,726.00 1997 5,700.00 684.00 6,384.00 1998 5,700.00 342.00 6,042.00 $22,800.00 $3,420.00 $26,220.00 The City reserves the right to prepay all or any part of this Certificate at any time prior to the due date or maturity thereof without premium or penalty of any kind. It is hereby certified and recited that all acts, conditions and things required to be done precedent to and in the issuance of this Certificate of Obligation, to render the same lawful and valid have been properly done, have happened and have been performed in regular and due time, form and manner as required by law; that due and proper provision has been made for the levy of a direct and continuing annual ad valorem tax against all taxable property within the said City sufficient to pay the interest on this Certificate of Obligation as due and to provide for the payment of each installment of principal as same matures; that the City has received full value and consideration for this Certificate of Obligation and that the total indebtedness of the City of Huntsville, including this Certificate of Obligation, does not exceed any constitutional or statutory limitation. This Certificate shall be registered as to principal and interest in the owner's name upon books of the City to be kept for that purpose afthe office of the Finance Director of the City, the registrar, such registration to be noted hereon. After such registration, no transfer of this Certificate shall be valid unless made on the City's books at the request of the registered owner hereof,or his duly authorized agent, and similarly noted hereon. IN TESTIMONY WHEREOF the City Council has caused the seal of said City to be impressed hereon and this Certificate of Obligation to be signed by the Mayor and attested to by the City Secretary,the date of this Certificate of Obligation being the 9th day of February, 1994. DATE OF INITIAL DELIVERY OF THIS CERTIFICATE: Jt I/— /D, /99 W.H.Hodges,May ATTEST: Danna Welter, City Secretary ASSIGNMENT AND TRANSFER Full consideration therefor being hereby acknowledged, this Certificate of Obligation was delivered to R. B. Everett, the original holder, on this the qday of fE>jAU 1994, and by it hereby assigned and transferred to Doris Niederhofer. R.B. EVERETT By CERTIFICATE OF REGISTRATION IT IS HEREBY CERTIFIED that I have this day registered this Certificate as to principal in the name of the holder as indicated in the registration blank below,on the books kept by me for such purpose. The principal of and interest on this Certificate shall be payable only to the registered holder named in the below registration blanks. Signature Name of Date of Finance Director Registered Holder Registration (Registrar) Doris Niederhofer 2-09-94 RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: Ordinance 94-11 Increase Hotel-Motel Occupancy Tax to 7% 03-15-94 Ci ORDINANCE NO.94-11 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE,TEXAS,AMENDING CHAPTER 15B,TAXATION,OF THE CODE OF ORDINANCES OF THE CITY; INCREASING THE HOTEL- MOTEL OCCUPANCY TAX TO 7% (SEVEN PER CENT) OF CONSIDERATION PAID BY OCCUPANTS; MAKING OTHER PROVISIONS AND FINDINGS RELATED THERETO;AND PROVIDING A PENALTY OF UP TO$1,000 PER DAY FOR VIOLATIONS. WHEREAS Texas Tax code Chapter 351 authorizes a City to levy an occupancy tax on hotels; WHEREAS The City currently levies a tax of 4%; WHEREAS The City now desires to increase the tax by 3% for the purpose of the construction, improvement, equipping, operation and maintenance of a visitor information center;and WHEREAS The City desires to implement this tax increase effective April 1, 1994. NOW,THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE,TEXAS,that: SECTION 1: Article II,Hotel-Motel Occupancy Tax,of Chapter 15B,Taxation,of the Code of Ordinances of the City of Huntsville,Texas,is hereby amended by the repeal of Article II,as presently constituted,and by the adoption of a new Article II that shall read as follows: Sec.15B-3. Levy of tax;rate,exceptions. (a) Tax imposed (1) A tax is imposed on a person who,under a lease,concession,permit,right of access, license,contract, or agreement,pays far the use or possession or for the right to the use or possession of a room or space in a hotel costing S2 or more each day. (2) The price of a room in a hotel does not include the cost of food served by the hotel and the cost of personal services performed by the hotel for the person except for those services related to cleaning and readying the room for use or possession. (b) Collection of tax A person owning,operating,managing,or controlling a hotel shall collect for the City the tax that is imposed by this article and that is calculated on the amount paid for a room in the hotel. (c) Exception-Permanent Resident This article does not impose a tax on a person who has the right to use or possess a room in a hotel for at least 30 consecutive days,so long as there is no interruption ofpayment for the period. Sec 15B-4. Definitions. The following words, terms and phrases are,for the purpose of this article, except where the context clearly indicates a different meaning, defined as follows: (a) "Hotel"means a building in which members of the public obtain sleeping accommodations for consideration. The term includes a hotel, motel, tourist home, tourist house, tourist court, lodging house, inn, or rooming house, but does not include a hospital,sanitarium, or nursing home. (b) 'Person"means any individual, company, corporation or association owning, operating, managing or controlling any hotel. (c) 'Monthly"means any regular calendar month of the year. Sec. 15B-5. Taxes held in trust. All taxes collected by operators pursuant to this article shall be held in trust for the account of the City until payment thereof is made to the City tax assessor-collector. Sec.15B-6. Reports and payment. On the fifteenth day of the month following each monthly period,everyperson required to collect the tax imposed in this article shall pay the City tax assessor-collector the tax collected during the preceding monthly period and at the same time shall file a report with the tax assessor- collector of the City of Huntsville, showing the consideration paid for all room occupancies in the preceding month, the amount of tax collected on such occupancies, the amount of taxes(f any) already remitted to the City, and any other information as the assessor-collector may reasonably require. Sec.15B-7. Access to books and records. The City tax assessor-collector shall have the power to make such rules and regulations as are necessary to effectively collect the tax levied herein,and shall upon reasonable notice have access to books and records necessary to enable him to determine the correctness of any report filed as required by this article and the amount of taxes due under the provisions of this article. Sec.15B-8. Agency for administration. The Mayor of the City is authorized to enter into a contract with an agency outside of the City government to administer the funds made available under this article for the purpose of expending the fund pursuant to the purpose for which intended. Sec.15B-9. Civil penalties and interest on delinquent taxes. (a) Every person who collects a tax imposed under this article shall remit the tax collected by the City tax assessor-collector no later than the fifteenth day of the month following monthly period in which the tax was collected. Provided, however, that all payments are due immediately upon cessation of business for any reason. (b) Any person who fails to remit the tax imposed by this article within thirty(30)days shall forfeit to the City as a penalty an additional five(5)per cent of such tax, or the portion thereof, not remitted. (c) Delinquent taxes shall draw interest at the rate often(10)percent per annum beginning thirty(30)days f om the due date thereof. (d) Every penalty imposed, and such interest as accrues under the provisions of this section, shall become apart of the tax required to be paid. Sec.15B-10. Offenses and criminal penalties. (a) A person commits an offense if the person intentionally or knowingly fails to file a report of taxes collected under this article by the fifteenth day of the month following a monthly period in which taxes were collected. (b) A person commits an offense if the person intentionally or knowingly fails to collect a tax for the City or pay a tax to the City's tax assessor-collector as the person is required to do by this article. (c) An offense under this section is punishable by a fine of not less than one dollar($1.00)nor more than one thousand dollars($1,000.00). Sec. 15B-11. Tax liability secured by lien;tax collection on termination of business. (a) All taxes,fines, interest and penalties due by a person to the City under this article are secured by a lien on all of the person's property that is subject to execution. (b) The lien for taxes attaches to all of the property of a person liable for the taxes. (c) The tax assessor-collector shall issue and file a tax lien notice required by this article. (d) A tax lien notice must include the following information: (1) The name and address of the taxpayer; (2) That the tax owing is local hotel occupancy tax; (3) Each period for which the tax is claimed to be delinquent;and (4) The amount of the tax only due for each period,excluding the amount of any penalty, interest or other charge. (e) The tax lien shall be filed in the official public records of the Walker County Clerk or with the county clerk in any county where the owner has property. (fl With approval of the City Attorney, the tax assessor-collector may release the tax lien on specific real or personal property when the reasonable cash market value of the property is paid to the tax assessor-collector. (g) A tax lien release shall be filed in the office of the county clerk The tax assessor-collector may collect the amount of the fee paid under this subsection by the tax assessor collector from the taxpayer against whom the lien was filed. (h) The tax lien on personal property and real estate continues until the taxes secured by the lien are paid. The tax lien on personal property and real estate attaches to personal property and real estate owned by the taxpayer on or after the date the lien is filed by the tax assessor-collector. (i) In an action to determine the validity of the tax lien, the lien shall be perpetuated and foreclosed, or nullified. If a lien is perpetuated and foreclosed, no further action is required. If all or part of a lien is nullified, a certified copy of the judgment may be filed with the county clerk in the same manner as a release by the tax assessor-collector. Execution, order for sale, or other process for the enforcement of the lien may be issued on the judgment at any time. 0) If a person who is liable for the payment of a tax under this article sells the hotel, the successor to the seller or the seller's assignee shall withhold an amount of the purchase price sufficient to pay the amount due until the seller provides a receipt from the City tax assessor-collector showing that no taxes are due. The purchaser of a hotel who fails to withhold an amount of the purchase price as required by this section is liable for the amount required to withheld to the extent of the value for the purchase price. Sec. I5B-11.1. Injunctive relief. In addition to other remedies provided by law or this chapter for the collection of a tax levied under this chapter, the City Attorney, or other attorney acting for the City Attorney, may bring suit against a person who is required to collect the tax imposed and who has failed to file a report or pay the tax when due to collect the tax not paid or to enjoin the operation of the hotel in the City for which said report or taxes are due until the reports are fled and the taxes are paid. Section 2: Any person,firm or corporation violating any provision of this ordinance or failing to comply with any requirement of the ordinance will be guilty of a misdemeanor and subject to a fine of up to one thousand ($1,000.00) dollars upon conviction. Each day during or upon which said person shall violate or continue violation of any provision of this ordinance or non-compliance with any requirement of this ordinance shall constitute a distinct and separate offense. The violation of any provision of the ordinance or the failure to comply with any requirement of this ordinance shall each constitute a distinct and separate offense. Section 3: If any section,subsection,sentence,clause,phrase or portion of this ordinance is for any reason held invalid or unconstitutional,such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect any of the remaining provisions of this ordinance. Section 4: All ordinances and parts of ordinances in conflict with the provisions of this ordinance are hereby repealed; provided,however,that such repeal shall be only to the extent of such inconsistency and in all other respects this ordinance shall be cumulative of other ordinances regulating and governing the subject matter covered by this ordinance. Section 5: This ordinance shall take effect April 1, 1994. The City Secretary shall publish the caption of this ordinance in the official City newspaper at least twice within ten(10) days of its passage. PASSED AND APPROVED THIS 15TH DAY OF MARCH,1994. THE CITY OF HUNTSVILLE W.H.Hodges,Mayor ATTEST: Danna Welter,City Secretary AP OVED S 0F colt o ds,City Attorney RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: ORDINANCE NO.94-12 STOP INTERSECTION(AVENUE M AT 13TH AND 16TH) 3-29-94 ORDINANCE NO.94-12 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, AMENDING CHAPTER 12, MOTOR VEHICLES AND TRAFFIC, OF ITS CODE OF ORDINANCES BY PROVIDING STOP SIGNS ON AVENUE M AT 13TH STREET (4-WAY), AND ON AVENUE M AT 16TH STREET(4-WAY),PROVIDING A PENALTY OF UP TO $500 A DAY FOR CERTAIN VIOLATIONS; MAKING OTHER RELATED FINDINGS AND PROVISIONS RELATED THERETO; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE,TEXAS, THAT: Section 1: The following described intersections are designated as stop intersections: Intersection At Designated Avenue M 13th Street 4-Way Stop Avenue M 16th Street 4-Way Stop Section 2: Schedule VIII,Stop Intersections,of Chapter 12,Motor Vehicles and Traffic,of the Code of Ordinances of the City of Huntsville,Texas,shall be revised to reflect the amendments made by this ordinance. Section 3: The City Manager is authorized and directed to cause the posting of proper signs at the above described intersection. Section 4: It shall be unlawful for driver of a vehicle to disobey the instruction of the signs placed in accordance with the provisions of this ordinance unless at the time otherwise directed by a Police Officer. Section 5: Any person, firm or corporation violating any provision of this ordinance or failing to comply with any requirement of the ordinance will be guilty of a misdemeanor and subject to a fine of up to five hundred($500.00)dollars upon conviction. The violation of any provision of the ordinance or the failure to comply with any requirement of this ordinance shall each constitute a distinct and separate offense. Section 6: If any section,subsection,sentence,clause,phrase or portion of this ordinance is for any reason held invalid or unconstitutional, such portion shall be deemed a separate,distinct and independent provision and such holding shall not affect any of the remaining provisions of this ordinance. Section 7: All ordinances and parts of ordinances in conflict with the provisions of this ordinance are hereby repealed; provided,however,that such repeal shall be only to the extent of such inconsistency and in all other respects this ordinance shall be cumulative of other ordinances regulating and governing the subject matter covered by this ordinance. Section 8: This ordinance shall take effect ten(10)days after its passage by the City Council. The City Secretary shall publish the caption of this ordinance in the official City newspaper at least twice within ten(10)days of its passage. PASSED AND APPROVED THIS 29TH DAY OF MARCH,1994. THE CITY OF HUNTSVILLE W. .Hodges,Mayor (/� ATTEST: aa.nkna Welter,City Secretary APPROVED AS TO FORM: Scott�Bounds,�ityorney RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: ORDINANCE NO.94-13 PERMIT BUSINESS OCCUP.IN COVERED MALLS 5-10-94 ORDINANCE NO.94-13 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, AMENDING CHAPTER 6, BUILDINGS AND BUILDING REGULATIONS TO PERMIT GROUP B (BUSINESS OCCUPANCIES FOR OFFICE, PROFESSIONAL AND SERVE TYPE TRANSACTIONS)IN COVERED MALL BUILDINGS; PROVIDING A PENALTY OF UP TO $2,000; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE HEREOF. WHEREAS The City Council of the City of Huntsville has previously adopted the 1991 Standard Building Code with certain minor modifications;and WHEREAS The City Council desires to amend its building code to permit certain Business Occupancies in covered malls consistent with the 1992/1993 revisions to the Standard Building Code; NOW,THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE,TEXAS,that SECTION 1: Chapter 6,Building and Building Regulations,of the Code of Ordinances of the City of Huntsville, Texas, is amended by the adoption of a new subsection 6-2 A(15.1)which shall read as follows: Subsection 507.6.1 is amended to read: 507.6.1 Covered mall buildings shall be classified as Group M occupancies and may contain accessory uses consisting of Group A, B, E or R occupancies. Individual accessory uses within a covered mall building shall not exceed the sprinklered area limitation and shall not be located at a height greater than that permitted for such occupancy group in the type of construction being used. The aggregate area of all accessory uses within a covered mall building shall not exceed 25%of the gross leasable area. SECTION 2: Any person, firm or corporation violating any provision of this ordinance or failing to comply with any requirement of the ordinance will be guilty of a misdemeanor and subject to a fine of up to two thousand($2000.00)dollars upon conviction. Each day during or upon which a person shall violate or continue violation of any provision of this ordinance shall constitute a distinct and separate offense. The violation of any provision of the ordinance or the failure to comply with any requirement of this ordinance shall each constitute a distinct and separate offense. Texas Local Government Code§53.001 and §54.001. SECTION 3: If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect any of the remaining provisions of this ordinance. SECTION 4: All ordinances and parts of ordinances in conflict with the provisions of this ordinance are hereby repealed; provided,however,that such repeal shall be only to the extent of such inconsistency and in all other respects this ordinance shall be cumulative of other ordinances regulating and governing the subject matter covered by this ordinance. SECTION 5: This ordinance shall take effect ten (10) days after its passage by the City Council. The City Secretary shall publish the caption of this ordinance in the official City newspaper at least twice within ten(10)days of its passage. Texas Local Government Code§52.013. PASSED AND APPROVED THIS 10TH DAY OF MAY, 1994 THE CITY OF HUNTSVILLE Ho ges,Mayor ATTES 1 Danna Welter, City Secretary APPROVED AS TO FORM: dv—� Scott Bound , ity Attorney RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: ORDINANCE NO.94-14 AGREE.FOR SEWER IMPROV.(ASSESS LIEN-214 AVE L) 5-10-94 ORDINANCE NO.94-14 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE,TEXAS, AUTHORIZING AN AGREEMENT WITH THE OWNER OF THE PROPERTY AT 214 AVENUE L (SAM HOUSTON AVENUE) FOR SEWER SYSTEM IMPROVEMENTS; ASSESSING A LIEN AGAINST THE PROPERTY IN ACCORDANCE WITH CHAPTER 402 OF THE TEXAS LOCAL GOVERNMENT CODE; PROVIDING FOR THE PAYMENT OF THE IMPROVEMENTS; PROVIDING FOR ENFORCEMENT OF THE LIABILITY;AND MAKING OTHER FINDINGS AND PROVISIONS RELATED THERETO. WHEREAS Chapter 402 of the Texas Local Government Code authorizes the City of Huntsville,Texas,to operate utility systems,including water and sewer systems, inside and outside the City on terms the City considers to be in its best interest; and WHEREAS Chapter 402 generally authorizes the City to assess a lien against an owner's property for delinquent bills for municipal utility service to the property;and WHEREAS Chapter 402 authorizes the city to refuse to connect or to disconnect water or sewer service in order to aide in the enforcement of a liability for utility service; NOW,THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE,TEXAS,that: Section 1: The City Council hereby authorizes and directs its City Manager and City Secretary to execute and attest to an agreement for sewer improvements in substantially the following form: CONTRACT FOR SEWER IMPROVEMENTS WITH LIEN This is an agreement by and between the City of Huntsville, Texas, a home-rule municipal corporation situated at 1212A venue M,Huntsville, Texas 77340,and (or the true owner of the property), who lives at and is hereinafter called the property owner. WHEREAS the property owners desire to have constructed :upon the following described premises, and the City's streets and easements adjacent to the premises, sewer improvements in accordance with the plans and specifications on file in the City Engineer's office;and WHEREAS the City agrees to construct and install such improvements with the financial assistance of the property owners; NOW THEREFORE, The City agrees with the Property Owners that it will construct the above described sewer improvements. In consideration therefor,the Property Owners agree to pay to the City the sum of$_, as follows: an initial payment of , with the balance of $ to be paid in successive monthly installments of $ each,including interest at the rate of 6%per annum on the unpaid balance, the first monthly installment to be due and payable on the first day of the month thirty (30) days after the completion of the work, and the other payments shall be due on the same date of each successive month until the total has been paid in full. This contract may be paid in full at any time without penalty. To secure the payment of this contract, the Property Owners give and grant to the City a mechanic's and materiabnan's lien on the above described property, and all the buildings and improvements now thereon, or which hereafter may be placed thereon. Additionally,property owners acknowledge the right of the City to refuse to connect or to disconnect water or sewer service for nonpayment of the obligations herein. Signature (Ackn—kdg—o State of Texas County of Walker This instrument was acknowledged before me on the_day of 1994, by Notary Public, State of Texas PASSED AND APPROVED on the I day of 1994. THE CCITY OF HUNTSVILLE W.H.Hodges,Mayor ATTEST: anna Welter,City Secretary APP LVED kTO F RM: Scott Bou ds,City Attomey RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: ORDINANCE NO.94-15 REGULATE PUBLIC PARK ACCESS 6-14-94 ORDINANCE NO.94-15 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, REGULATING PUBLIC ACCESS TO CITY PARKS; PROHIBITING USE OF CITY PARKS BETWEEN 10:00 P.M. AND 5:00 A.M.;PROVIDING A FINE OF$1-500.00 FOR ILLEGAL USE OF THE PARKS; PROVIDING FOR POSTING OF NOTICE OF PARK HOURS;AND MAKING OTHER PROVISIONS RELATED THERETO. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE,TEXAS, THAT: Section 1: Chapter 13A,Parks,of the Code of Ordinances of the City of Huntsville,Texas, is hereby amended: Sec. 13A-1. Parks Closed to the Public. (a) The following parks orparkfacilities shall be closed to the public at the times designated: (1) Emancipation Park(except Martin Luther King,Jr.Recreation Center)-between 9:00 p.m. and 4:00 a.m. (2) Kate Barr Ross Memorial Park-between 10:00 p.m. and 5:00 a.m. (3) Thomason Henry Ball Park-between 10:00 p.m. and 5:00 a.m. (4) Thomas Clifton Gibbs Park-between 10:00 p.m. and 5:00 a.m. (5) Bayou Bend Park-between 10:00 p.in. and 5:00 a.m. (6) John Henry Rather Park-between 10:00 p.m. and 5:00 a.m. (7) Pineview Park-between 10:00 p.m. and 5:00 a.m. (8) Forest Hills Park-between 10:00 p.m. and 5:00 a.m. (9) Smither Park-between 10:00 p.m. and 5:00 a.in. (10) Town Creek Park-between 10:00 p.m. and 5:00 a.m. (11) Emma Etheredge Park-between 10:00 p.m. and 5:00 a.m. (12) Sandbrook Park-between 10:00 p.m. and 5:00 a.m. (13) Pine Shadows Park-between 10:00 p.m. and 5:00 a.m. (14) Eastham-Thomason Park-between 10:00 p.m. and 5:00 a.m. (15) Bush-Miller Park-between 10:00 p.m. and 5:00 a.m. (16) Founders Spring Park-between 10.00 p.m. and 5:00 a.m. (b) The City Manager is authorized and directed to designate the parks or park facilities closed to the public by appropriate and conspicuous signs posted at the entrances to the park. (c) A person commits an offense if he intentionally or knowingly enters or remains in a City park at a time the park is closed. (d) It is a defense to prosecution if the person is (1) engaged in park maintenance, construction activity or security under authority of the City and in the performance of their duties of employment,or (2) participating in a program or event sponsored or approved by the City, or for which a City permit has been issued. (e) This section shall not be construed either: (1) to require that members of the public found inside fenced or enclosed areas during the hours those areas are closed to the public must be requested to leave before being subject to prosecution under Section 30.05 of the Texas Penal Code,or (2) to prohibit the City, its officers and employees from requesting persons on City property to depart and, if they fail to do so, be subject to prosecution under Section 30.05 of the Texas Penal Code;or (3) to prohibit the prosecution for any other crime that may have been committed upon the City property. (fl An offense under this subsection (c) of this section shall be a Class C misdemeanor punishable by a fine of$1.00 to$500.00. Section 2: If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect any of the remaining provisions of this ordinance. Section 3: All ordinances and parts of ordinances in conflict with the provisions of this ordinance are hereby repealed; provided,however,that such repeal shall be only to the extent of such inconsistency and in all other respects this ordinance shall be cumulative of other ordinances regulating and governing the subject matter covered by this ordinance. Section 4: This ordinance shall take effect ten (10) days after its passage by the City Council. The City Secretary shall publish the caption of this ordinance in the official City newspaper at least twice within ten(10)days of its passage. PASSED AND APPROVED THIS 14TH DAY OF JUNE, 1994. THE CITY OF HUNTSVILLE W.,H. Hodges,Mayor ATTEST: Danna Welter,City Secretary APP VEAS O 'ORM: K.'ott-13.4# City M&rnly RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: ORDINANCE NO.94-16 NO PARKING-RIVERSIDE DRIVE(NORTH SIDE) 6-28-94 ORDINANCE NO. 94-16 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE,TEXAS,AMENDING CHAPTER 12,MOTOR VEHICLES AND TRAFFIC, OF ITS CODE OF ORDINANCES BY ESTABLISHING NO PARKING ZONES ON THE NORTH SIDE OF RIVERSIDE DRIVE FROM CROOKS DRIVE TO 200 FEET EAST OF THE INTERSECTION OF CROOKS DRIVE AND RIVERSIDE DRIVE; PROVIDING A PENALTY OF UP TO $500 A DAY FOR CERTAIN VIOLATIONS; MAKING OTHER FINDINGS AND PROVISIONS RELATED THERETO; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE,TEXAS, THAT: Section 1: The following described curb zones and areas are designated as no parking zones: Street Name Side of Street Limits Type Riverside Drive North From Crooks Drive to 200'east No Parking at Any Time of the intersection of Crooks Dr. and Riverside Drive Section 2: Schedule III, No Parking Zones,of Chapter 12,Motor Vehicles and Traffic, of the Code of Ordinances of the City of Huntsville, Texas, shall be revised to reflect the amendments made by this ordinance. Section 3: The City Manager is authorized and directed to cause the posting of proper signs along the above described streets and parking zones. Section 4: It shall be unlawful for driver of a vehicle to disobey the instruction of the signs placed in accordance with the provisions of this ordinance unless at the time otherwise directed by a Police Officer. Section 5: Any person, firm or corporation violating any provision of this ordinance or failing to comply with any requirement of the ordinance will be guilty of a misdemeanor and subject to a fine of up to five hundred($500.00)dollars upon conviction. Section 6: If any section, subsection, sentence, clause,phrase or portion of this ordinance is for any reason held invalid or unconstitutional, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect any of the remaining provisions of this ordinance. Section 7: All ordinances and parts of ordinances in conflict with the provisions of this ordinance are hereby repealed; provided,however,that such repeal shall be only to the extent of such inconsistency and in all other respects this ordinance shall be cumulative of other ordinances regulating and governing the subject matter covered by this ordinance. Section 8: This ordinance shall take effect ten (10) days after its passage by the City Council. The City Secretary shall publish the caption of this ordinance in the official City newspaper at least twice within ten(10)days of its passage. PASSED AND APPROVED THIS 28TH DAY OF JUNE, 1994. THE CITY OF HUNTSVILLE W.H.Hodges,Mayo ATT ST: oDa.a Welter, City Secretary AP OVE S TO FORM: Scott Bounds, City Attorney RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: ORDINANCE NO.94-17 CLAIM AND DELIVERY CO-CAB AND CHASSIS 6-28-94 ORDINANCE NO.94-17 AN ORDINANCE APPROVING CLAIM AND DELIVERY OF CERTIFICATES OF OBLIGATION FOR A CAB AND CHASSIS FOR THE ASPHALT DISTRIBUTOR; AND CONTAINING OTHER PROVISIONS RELATED HERETO. WHEREAS the City Council of the City of Huntsville,Texas(City),by Ordinance No.93- 38,found that it was advisable for the City to purchase a cab and chassis for the asphalt distributor and that Certificates of Obligation be issued by the City for all or any part of the cost of same;and WHEREAS the notice for the action to issue Certificates of Obligation was published at the times and in the manner required by law; and WHEREAS the City awarded a contract to Moore-Henry Motors in the amount of$31,722 as the lowest and best bid for the purchase of the cab and chassis; and WHEREAS the City Council wishes to authorize payment thereof and delivery of a Certificate of Obligation. THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE,TEXAS,that: SECTION 1: There is now due and owing to Moore-Henry Motors the sum of$31,722. SECTION 2:The Certificate of Obligation herein authorized to be delivered shall bear interest at the rate of 6.95%per annum from date of initial delivery shown on the face of such certificate. SECTION 3: There shall be executed and delivered to Moore-Henry Motors a City of Huntsville, Texas, Equipment Acquisition Certificate of Obligation, dated June 29, 1994. SECTION 4: The Mayor, City Secretary and other appropriate City officials are hereby authorized and directed to deliver the Certificate and to do any and all things necessary or convenient to carry out the terms of this ordinance. INTRODUCED,READ AND PASSED by the unanimous vote of the City Council of the City of Huntsville,on this the 28th day of June, 1994. CITY OF HUNTSVILLE,TEXAS W.H.Hodges,May ATTEST: Danna Welter,City Secretary APPROVED AS TO FORM: Scott Bou ds,City Attorney A Is /\ City of Huntsville "TO BUILD AND SERVE A BETTER COMMUNITY" HUNTSVILLE,TEXAS 77340 1212 AVE.M (409)295-6971 July 7, 1994 Doris Niederhofer P. O. Box 1195 Huntsville,Texas 77342-1195 RE: Certificate of Obligation issued by the City of Huntsville in the amount of$31,722 Dear Mrs. Niederhofer: This is to certify that I have examined an Equipment Acquisition Certificate of Obligation to be issued by the City of Huntsville, Texas, in the amount of$31,722, bearing interest at a rate therein specified and payable as provided in the Certificate. This Certificate of Obligation is issued pursuant to the terms of Texas Local Government Code, Chapter 271, and is for the purpose of financing the acquisition of a cab and chassis for the asphalt distributor. This Certificate was authorized by ordinance dated June 28, 1994, which ordinance provides for the levying of a continuing direct annual ad valorem tax on all taxable property within the limits of the City of Huntsville,Texas,to pay the interest on such Certificate of Obligation and to create a sinking fund for redemption of the principal amount. The Ordinance also provides for the assessment and collection of such taxes and these provisions meet the requirements of the Statute and Article XI,Sections 5 and 7 of the Constitution of the State of Texas. At the time advertisement for bids was made concerning the equipment to be purchased, a provision was made indicating that the successful bidder needed to elect if the successful bidder would accept the Certificate of Obligation or endorse same over in accordance with arrangements made by the City of Huntsville, Texas. In this connection, the successful bidder elected to endorse these obligations to Doris Niederhofer. Doris Niederhofer July 7, 1994 Page 2 Based upon the above, it is my opinion that this Certificate of Obligation is a legal, valid and binding obligation of the City of Huntsville, Texas,and the interest and principal due thereon is payable in accordance with the Certificate of Obligation from the budgeted funds of the City of Huntsville. The City's issuance, execution and delivery of the Certificate is not subject to any authorization, consent or review of any government body, public officers or regulatory authority not heretofore obtained. The interest on the Certificate of Obligation is(1)excludable from gross income for federal income tax purposes under Section 103(a)of the Internal Revenue Code of 1986,as amended,and existing regulations,rulings,and court decisions,and(2)does not constitute an individual or corporate alternative minimum tax preference item. Interest paid on tax-exempt obligations may, however, affect the alternative minimum taxable income of certain corporations. The accrual or receipt of such interest could therefore affect the federal income tax liability of the recipient, depending upon the recipient's particular tax status and other factors. Respectfully s omitted, ,j t ABonds City Attorney SB/dlw Dated: June 28, 1994 Amount: $31,722 Issued:June 29, 1994 Register No.94-03 UNITED STATES OF AMERICA COUNTY OF WALKER STATE OF TEXAS CITY OF HUNTSVILLE,TEXAS,EQUIPMENT ACQUISITION CERTIFICATE OF OBLIGATION The City of Huntsville,a Municipal Corporation of the State of Texas,acknowledges itself indebted to and FOR VALUE RECEIVED hereby promises to pay to the registered owner hereof in installments and on the dates as below indicated the total sum of Thirty-One Thousand Seven Hundred Twenty-Two And No/100 Dollars ($31,722)in lawful money of the United States of America,with interest thereon from date of issue until paid at the rate of 6.95% per cent per annum, payable on June 29, 1995, and annually thereafter on the 29th day of June of each and every year as hereinafter provided until such sum is fully paid. BOTH PRINCIPAL AND INTEREST on this Certificate of Obligation are hereby made payable in Huntsville, Walker County, Texas, without exchange or collection charges to the registered owner hereof, with such payments to be due on the dates and in the amounts as follows: DATE PRINCIPAL INTEREST TOTAL 1995 $ 7,930.50 $2,204.68 $10,135.18 1996 7,930.50 1,653.51 9,584.01 1997 7,930.50 1,102.34 9,032.84 1998 7.930.50 551.17 8.481.67 TOTAL $31,722.00 $5,511.70 $37,233.70 The City reserves the right to prepay all or any part of this Certificate at any time prior to the due date or maturity thereof without premium or penalty of any kind. It is hereby certified and recited that all acts, conditions and things required to be done precedent to and in the issuance of this Certificate of Obligation,to render the same lawful and valid have been properly done,have happened and have been performed in regular and due time, form and manner as required by law;that due and proper provision has been made for the levy of a direct and continuing annual ad valorem tax against all taxable property within the said City sufficient to pay the interest on this Certificate of Obligation as due and to provide for the payment of each installment of principal as same matures;that the City has received full value and consideration for this Certificate of Obligation and that the total indebtedness of the City of Huntsville, including this Certificate of Obligation, does not exceed any constitutional or statutory limitation. This Certificate shall be registered as to principal and interest in the owner's name upon books of the City to be kept for that purpose at the office of the Finance Director of the City, the registrar, such registration to be noted hereon. After such registration, no transfer of this Certificate shall be valid unless made on the City's books at the request of the registered owner hereof, or his duly authorized agent,and similarly noted hereon. IN TESTIMONY WHEREOF the City Council has caused the seal of said City to be impressed hereon and this Certificate of Obligation to be signed by the Mayor and attested to by the City Secretary,the date of this Certificate of Obligation being the 29th day of June,1994. DATE OF INITIAL DELIVERY OF THIS CERTIFICATE: ATTEST: W. H. Hodges, Mray Danna Welter, City Secretary ASSIGNMENT AND TRANSFER Full consideration therefor being hereby acknowledged, this Certificate of Obligation was deliveredtI o Moore-Henry Motors, the original holder, on this the WA:l day of tJ-r 4C. , 1994, and by it hereby assigned and transferred to Doris y' Niederhofer. MOORE-HENRY MOTORS By CERTIFICATE OF REGISTRATION IT IS HEREBY CERTIFIED that I have this day registered this Certificate as to principal in the name of the holder as indicated in the registration blank below,on the books kept by me for such purpose. The principal of and interest on this Certificate shall be payable only to the registered holder named in the below registration blanks. Signature Name of Date of Finance Director Registered Holder Registration (Registrar) Doris Niederhofer ✓l'!A�/ !.(6L� �t�L(E,IV RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: ORDINANCE NO.94-18 ORDER PREP.OF ANNEXATION SERVICE PLAN 7-07-94 ORDINANCE NO.94-18 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE,TEXAS,ORDERING ITS CITY/COMMUNITY PLANNER TO PREPARE AN ANNEXATION SERVICE PLAN; AND MAKING OTHER FINDINGS AND PROVISIONS RELATED THERETO. NOW,THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE,TEXAS,that: Section 1. Patrick Antwi, the City/Community Planner for the City, is hereby ordered to prepare a service plan that provides for the extension of full municipal services to the areas proposed to be annexed. Section 2. City Council proposes to annex the areas designated on the map signed by the Mayor,dated and described as "Annexation Areas". PASSED AND APPROVED this the 7th day of July, 1994. THE CITY OF HUNTSVILLE W. H.HodgeMayor ATTEST: letu anna Welter,City Secretary APP OVED O Sc ounds, ty Attorney RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: ORDINANCE NO.94-19 AUTH.ISSUANCE CO-60"FLAIL MOWER 7-26-94 ORDINANCE NO 94-19 AN ORDINANCE AUTHORIZING ISSUANCE OF A CITY OF HUNTSVILLE, TEXAS, EQUIPMENT ACQUISITION CERTIFICATE OF OBLIGATION FOR A NEW AND UNUSED 60" FLAIL MOWER IN THE AMOUNT OF $11,480; AND CONTAINING OTHER PROVISIONS RELATED TO THE SUBJECT. WHEREAS the City Council of the City of Huntsville received competitive bids for a new and unused 60" flail mower, and awarded a contract for the purchase of such equipment in accordance with Texas Local Government Code Chapter 271 to Watson Distribution(Houston), in the amount of$11,480;and WHEREAS the City published notice of intention to issue a Certificate of Obligation payable from City ad valorem taxes for the purpose of evidencing the indebtedness of the City for all or part of the purchase of the 60" flail mower at an amount not to exceed$14,500; and WHEREAS the notice of intention to issue a Certificate of Obligation was published at the times and in the manner required by Texas Local Government Code Chapter 271 on June 15 and 22, 1994. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS;that: Section 1: The City Council ratifies the contract with Watson Distributors (Houston) to purchase the 60" flail mower and hereby confirms the purchase of such equipment. Section 2: An interest bearing Certificate of Obligation of the City of Huntsville,Texas,to be known and designated as "City of Huntsville,Texas, Equipment Acquisition Certificate of Obligation" is hereby authorized to be issued and delivered in the principal amount of$11,480 for the purpose of acquiring the 60"flail mower for use by the City,and the Mayor and City Secretary shall have joint control of the certificate for the purpose of delivering same to the owner in accordance herewith. Section 3: The Certificate shall be dated July 27, 1994,shall mature and be payable in four (4) equal installments (subject to the City's option of prior payment), shall be registered as hereinafter set forth, and shall be in the following basic form: Dated: July 27, 1994 Amount: $11,480 Issued: Register No. 94-_ UNITED STATES OF AMERICA COUNTY OF WALKER STATE OF TEXAS CITY OF HUNTSVILLE,TEXAS,EQUIPMENT ACQUISITION CERTIFICATE OF OBLIGATION The City of Huntsville,a Municipal Corporation of the State of Texas,acknowledges itself indebted to and FOR VALUE RECEIVED hereby promises to pay to the registered owner hereof in installments and on the dates as below indicated the total sum of Eleven Thousand Four Hundred Eighty and No/100 Dollars ($11,480)in lawful money of the United States of America,with interest thereon from date of issue until paid at the rate of per cent per annum,payable on ,and annually thereafter on the_day of of each and every year as hereinafter provided until such sum is fully paid. BOTH PRINCIPAL AND INTEREST on this Certificate of Obligation are hereby made payable in Huntsville, Walker County, Texas, without exchange or collection charges to the registered owner hereof, with such payments to be due on the dates and in the amounts as follows: DATE PRINCIPAL INTEREST TOTAL 1995 $ $ $ 1996 1997 1998 The City reserves the right to prepay all or any part of this Certificate at any time prior to the due date or maturity thereof without premium or penalty of any kind. It is hereby certified and recited that all acts, conditions and things required to be done precedent to and in the issuance of this Certificate of Obligation,to render the same lawful and valid have been properly done,have happened and have been performed in regular and due time, form and manner as required by law;that due and proper provision has been made for the levy of a direct and continuing annual ad valorem tax against all taxable property within the said City sufficient to pay the interest on this Certificate of Obligation as due and to provide for the payment of each installment of principal as same matures;that the City has received full value and consideration for this Certificate of Obligation and that the total indebtedness of the City of Huntsville, including this Certificate of Obligation, does not exceed any constitutional or statutory limitation. This Certificate shall be registered as to principal and interest in the owner's name upon books of the City to be kept for that purpose at the office of the Finance Director of the City, the registrar, such registration to be noted hereon. After such registration, no transfer of this Certificate shall be valid unless made on the City's books at the request of the registered owner hereof, or his duly authorized agent, and similarly noted hereon. IN TESTIMONY WHEREOF the City Council has caused the seal of said City to be impressed hereon and this Certificate of Obligation to be signed by the Mayor and attested to by the City Secretary, the date of this Certificate of Obligation being the _ day of , 1994. DATE OF INITIAL DELIVERY OF THIS CERTIFICATE: W.H. Hodges,Mayor ATTEST: Danna Welter, City Secretary ASSIGNMENT AND TRANSFER Full consideration therefor being hereby acknowledged, this Certificate of Obligation was delivered to Watson Distribution (Houston), the original holder, on this the day of 1994, and by it hereby assigned and transferred to WATSON DISTRIBUTION(HOUSTON) By CERTIFICATE OF REGISTRATION IT IS HEREBY CERTIFIED that I have this day registered this Certificate as to principal in the name of the holder as indicated in the registration blank below,on the books kept by me for such purpose. The principal of and interest on this Certificate shall be payable only to the registered holder named in the below registration blanks. Signature Name of Date of Finance Director Registered Holder Registration (Registrar) Section 4: While the Certificate of Obligation or installment thereof is outstanding and unpaid, there shall be annually levied, assessed and collected in due time, form and manner a tax upon all of the taxable property in the City sufficient to pay the current interest thereon and to create sinking fund sufficient to pay each installment of principal as same becomes due, or a sinking fund of 2%, whichever is greater; and in order to pay the interest on the Certificate of Obligation for the first year and to create a sinking fund with which to pay the principal as the same becomes due, or a sinking fund of 2%, whichever is greater,there is hereby levied a sufficient tax on the taxable property in the City for the current year,and the same shall be assessed and collected and applied to the purposes named; and while the Certificate of Obligation is outstanding and unpaid,a tax each year at a rate from year to year as will be ample and sufficient to provide funds to pay the then current interest on the Certificate of Obligation and to provide the necessary sinking fund, full allowance being made for delinquencies and costs of collection,shall be and is hereby levied for each year, respectively,and the tax shall each year be assessed and collected and applied to the payment of the principal of and interest on the Certificate of Obligation, to be kept separate and apart from all other funds of the City. The City Council hereby declares and covenants that it will provide and levy a tax legally and fully sufficient for the Certificate of Obligation, it having been determined that the existing and available taxing authority of the City for such purposes is adequate to permit a legally sufficient tax in consideration of all other outstanding obligations. Section 5: The Mayor and City Secretary are hereby empowered and directed to proceed with the delivery of the Certificate of Obligation and the closing of the acquisition at the earliest practicable date and are authorized to complete the same in accordance with the terms hereof and to do all things necessary or prerequisite thereto. Section 6: The Certificate shall bear interest from the date of initial delivery shown on the face of each Certificate at a rate per annum not in excess of that prescribed by Article 717k-2, Texas Revised Civil Statutes, as amended, until maturity, or upon prepayment. At the time the Certificate of Obligation is issued the Certificate shall be registered and recorded by such register number on the books of said City to the registered owner thereof. Section 7: This ordinance shall take effect and be in force from and after its passage and approval. Section 8: Notwithstanding any other provision in the within ordinance to the contrary, as to the authorized issuing date for the Certificate of Obligation,the certificate shall be dated and bear interest from date of delivery and execution by the Mayor and City Secretary. PASSED AND APPROVED THIS 26TH DAY OF JULY, 1994. CITY OF HUNTSVILLE,TEXAS W. H. Hodges,Mayor ATTEST: ODI. Secretary APPR VED: Scott Boun s, City Attorney RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: ORDINANCE NO.94-20 ADOPT PROP.ANNEX.SERVICE PLANS/CALL HEARINGS 7-26-94 ORDINANCE NO.94-20 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE,TEXAS,ADOPTING PROPOSED SERVICE PLANS FOR AREAS BEING CONSIDERED FOR ANNEXATION TO THE CITY; CALLING PUBLIC HEARINGS ON THE PROPOSED ANNEXATIONS; DIRECTING THE CITY SECRETARY TO PUBLISH NOTICES FOR THE PUBLIC HEARINGS; AND MAKING OTHER PROVISIONS RELATED THERETO. WHEREAS the City Council of the City of Huntsville, Texas, had previously ordered its City/Community Planner to prepare a municipal service plan that provides for the extension of full municipal services to the areas proposed to be annexed; and WHEREAS the City Council has considered the service plan prepared by its City/Community Planner and finds that it appears to comply with the provisions of Texas Local Government Code§43.056;and WHEREAS the City Council now desires to proceed with the publication of notice and public hearings required by Texas Local Government Code§43.052; NOW,THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE,TEXAS,that: Section 1: The City Council of the City of Huntsville, Texas, will hold public hearings at 5:30 p.m. on Thursday, August 11th and Thursday, August 18th in the City Council Chamber of the City Hall of the City of Huntsville,Texas, 1212 Avenue M,on the proposed annexation by the City of Huntsville,Texas of the following described properties(Exhibit A). Section 2: The City Secretary of the City of Huntsville, Texas, is hereby authorized and directed to cause notice of these public hearings to be published once in the City's Official Newspaper not more than twenty days nor less than ten days prior to the date of each public hearing in substantially the following form: NOTICE IS HEREBY GIVEN TO ALL INTERESTED PERSONS THAT. The City of Huntsville, Texas,proposes to enlarge and extend the boundary limits of the City to include the following described territory, to-wit.- (repeat o-wit:(repeat property description from Exhibit A). A public hearing will be held by the City Council of the City of Huntsville, Texas,on the day of , 1994,at p.m.in the City Council Chamber of the City of Huntsville, Texas,for all persons interested in the above proposed annexation. At that time and place all such persons shall have the right to appear and be heard. For more information call 291- 5400. Danna Welter, City Secretary. PASSED AND APPROVED this the 26th day of July, 1994. THE CITY OF HUNTSVILLE W.H.Hodges,nayor ATTEST: tLtl Danna Welter,City Secretary APP VED: Scott Boun s, City Attorney EXHIBIT A S.H.75 NORTH BEGINNING at the southwest corner of Wynne State Prison Farm tract and also being in an existing city limits line as per Ordinance No.81-4 known as Area"T2"and dated January 13, 1981, said point being in the south line of the WARREN BIRDSELL LEAGUE,Abstract No. 6 and a north line of the P. GRAY LEAGUE,Abstract No.24; THENCE Westerly, with the common line of the BIRDSELL and GRAY LEAGUES, continuing with the common line of said CRABB and RANDOLPH SURVEYS, for a total distance of 5998.08 feet to the southeast comer of a called 60.76 acre tract described in a Deed to Mrs.Annie B.Fraiser recorded in Volume 65,Page 536; THENCE N00°31'26"E,with the east line of the 60.76 acre tract to a point in said 60.76 acre tract if the lower north line of said 60.76 acre tract was extended; THENCE Westerly, across said 60.76 acre tract to its ell corner, same being the southeast corner of a called 75.00 acre tract as described in a Deed to Mance Michael Park, recorded in Volume 448,Page 684,Deed Records; THENCE S89°37'50"W,with the north line of said 60.76 acre tract and the south line of said 75.00 acre tract,for a distance 2699.17 feet to a point for the southwest comer of said 75.00 acre tract; THENCE N00°24'47"W,with the west line of said 75.00 acre tract and the east line of said 68.1543 acre tract at 865.49 feet pass the northwest corner of said 75.00 acre tract, continuing with the east line of said 68.1543 acre tract for a total distance of 2669.40 feet to a point for the northeast corner of said 68.1543 acre tract; THENCE N861W,with the north line of said 68.1543 acre tract, for a total distance of 518.71 feet to an angle point of said 68.1543 acre tract and the northeast corner of a called 2.434 acre tract as described in a Deed to A. Young and recorded in Volume 335, Page 357, Deed Records; THENCE N86'13'55"W,with the north line of said 2.434 acre tract for a total distance of 743.39 feet to the northwest corner of said 2.434 acre tract,same being in the east right-of- way line of Wire Road; THENCE N01°09'05"W,with the east right-of-way line of said Wire Road for a distance of 1421.18 feet to its intersection with the southwest right-of-way line of S.H. 75 THENCE northerly,across S.H.75 to a point on the northeast right-of-way line of S. H.75,said point being in the south line of a called 10.00 acre tract as described in a Deed to S&S Pipe&Supply, Inc. recorded in Volume 0146,Page 793, Official Records; THENCE N72°00'W,with the northeast right-of-way line of S.H.75,to a point for the southwest corner of said 10.00 acre tract, THENCE Northerly with the west line of said 10.00 acre tract to a point for its northwest corner, same being a southwest corner of a called 211.79 acre tract as described in a Deed to Javier Rosique recorded in Volume 027,Page 360, Official Records; THENCE Easterly with the south and west lines of said 211.79 acre tract to its southeast corner and being in the west line of a called 79.40 acre tract described as "Tract 2" as per B.O.T.-HYPONEX SUBDIVISION recorded in Volume 2, Page 48 of the Plat Records of Walker County,Texas; THENCE N00°26'00"W, with an east line of said 211.79 acre tract and the west line of said 79.40 acre tract, for a distance of 1387.75 feet to its northwest corner; THENCE N89°43'00"E,with the north line of said 79.40 acre tract,at 1446.50 feet pass its northwest corner, said corner being in the southwest right-of-way line of I.H.45,continuing across I.H.45 to a point on the northeast right-of-way line of I.H.45; THENCE Southeasterly with the northeast right-of-way line of I.H.45 to a point for the west corner of a called 10.62 acre tract as described in a Deed to Master Chemical Corporation recorded in Volume 276,Page 554,Deed Records; THENCE S89°54'06"W, with the north line of said 10.62 acre tract,for a distance of 1536.68 feet to the northeast corner of a called 10.78 acre tract described in a Deed to The Heil Co. recorded in Volume 262, Page 121, Deed Records, same being in the east line of said CRABB SURVEY and the west line of said BIRDSELL LEAGUE; THENCE S00°20'07"E,with the common line of the CRABB SURVEY and BIRDSELL LEAGUE,for a distance of 481.86 feet to a point for the northwest comer of a called 3.0 acre tract described in a Deed to Anthony Branch, Jr. recorded in Volume 250, Page 404, Deed Records; THENCE Easterly with the south right-of-way line of said Moffett Springs Road to a point at the intersection of the existing city limits line dated March 14, 1969 and recorded in Volume 219,Page 627,Deed Records,said point being in a west line of City Airport property; THENCE Southerly with the existing city limits line to the PLACE OF BEGINNING. S.H.75 SOUTH BEGINNING at a monument for a northeast comer of Section One of Elkins Lake Subdivision as per plat recorded in Volume 174,Page 569, Deed Records; THENCE westerly across I.H. 45 and with the common line of said RIPLEY and DAVIDS SURVEYS, for a total distance of 2052.80 feet to the northeast comer of a 5 acre tract described in a Deed to Elkins Lake Baptitst Church recorded in volume 274, Page 670, Deed Records; THENCE S00°11'W, with the east line of a 5.00 acre tract at 217.8 feet pass its southeast comer,continuing southerly for a total distance of 277.8 feet to a point on the south right-of-wap line of a 60 foot road; THENCE Westerly with the south right-of-way line of said 60 foot road to the northeast corner of a called 20.62 acre tract as described in a Substitute Trustee's Deed from Graf Investments,Inc.to Lynes,Inc.,dated March 7, 1989 and recorded in Volume 091,Page 606, Official Records; THENCE S34°53'E, with the northeast line of said 20.62 acre tract, for a distance of 236.8 feet to the east comer of said 20.62 acre tract; THENCE S55°07'W, with the southeast line of said 20.62 acre tract, for a distance of 435.60 feet to the north corner of a called 20.00 acre tract as described in a Deed from Carlisle Corporation to McMurry Oil Tools,Inc.,dated March 18, 1992 and recorded in Volume 0163, Page 834, Official Records; THENCE S34°53'E, with the northeast line of said 20.00 acre tract for a distance of 1000.00 feet to its east corner; THENCE S55°07'W, with the southeast line of said 20.00 acre tract, for a distance of 871.2 feet to its south corner in the northeast right-of-way line of said S. H. 75; THENCE southeasterly along the northeast right-of-way line of said S.H.75 to a point where the southeast line of a called 5.785 acre tract as described in a Gift Deed from Gibbs Brothers&Company to the City of Huntsville,dated March 17, 1994 and recorded in Volume 0221,Page 337,Official Records if extended would intersect the northeast right-of-way line of said S. H. 75; THENCE S52°26'34.1"W,across said S.H.75,pass the east and south corners of said 5.785 acre tract,continuing across I.H.45 to a point in the southwest right-of-way line of said I.H.45; THENCE northwesterly with the southwest right-of-way line of said I.H.45,to POINT OF BEGINNING. BADGER LANE/JOHNSON ROAD/GENEVA ROAD BEGINNING to a point of intersection of the existing city limits line dated May 8, 1973 and the south line of said Badger Addition; THENCE Northeasterly with the existing city limits line across said Badger Addition to an ell corner of said city limits line; THENCE Easterly continuing with the existing city limits line and with the common lines of said Badger Addition and said Hill N'Dale Subdivision; THENCE Northerly continuing with the existing city limits line and with the common lines of the McMILLIAN and BOBO SURVEYS; THENCE Northeasterly with the existing city limits line as per Ordinance No.84-32 and the north line of the 224 acre tract to its northeast corner; THENCE Southerly with the east line of the BOBO SURVEY and the west lines of the J. PARKER and W. A. COOK SURVEY to the southeast corner of the 224 acre tract; THENCE Westerly with the common lines of the BOBO, COOK and STRANGE SURVEYS and the south line of the 224 acre tract to the northeast corner of the E.Al Johnson Subdivison; THENCE Southerly with the west line of said subdivision and the east line of said Little tract to a corner in the center of Tan Yard Creek; THENCE Southerly across the STRANGE SURVEY pass a point for the northeast comer of E. Arthur Ross property continuing southerly with the east line of said Ross tract to the southeast comer of said Ross tract and being on the north right-of-way line of Old Colony Road, continuing southerly across Old Colony Road to a point on its south right-of-way line; THENCE Westerly with the south right-of-way line of Old Colony Road to its intersection with the east right-of-way line of Geneva Road; THENCE Southerly with the east right-of-way line of Geneva Road to its intersection with the north right-of-way line of U.S. 190; THENCE Easterly with the north right-of-way line of U.S. 190 to a point of intersection if the west right-of-way line of Champion Woodyard Road was extended; THENCE Southerly,across U.S. 190 and continuing with the west right-of-way line of Champion Woodyard Road to a point 500 feet perpendicular with the south right-of-way line of U.S. 190; THENCE Northwesterly 500 feet south of and parallel with the south right-of-way line of U.S. 190 to its intersection with the existing city limits line as per Ordinance No. 81-02, dated January 31, 1981; THENCE Northerly with the existing city limits line to the POINT OF ENDING. ELKINS LAKE BEGINNING at a monument for a northeast corner of Section One of Elkins Lake Subdivision as per plat recorded in Volume 174,Page 569,Deed Records; THENCE S16°28'W,with the northeast line of said Section One and the southwest right- of-way line of said I. H.45, for a distance of 120.6 feet to a concrete monument for the most eastern southeast corner of said Elkins Lake Section One; THENCE along the east boundary of Elkins Lake Section One to a point in its south line and the south line of the D.McMILLIAN SURVEY,Abstract No.382 and the north line of the A. BROWN SURVEY,Abstract No. 95, said point being in the north line of a called 32 acre tract conveyed to Tinsley Inc.; THENCE N89°55'E, with the common lines of said McMILLIAN and BROWN SURVEYS, same being the north line of the 32 acre tract, for a distance of 106.7 feet to its northeast corner; THENCE S00°22'E,with the east line of the 32 acre tract,for a distance of 1229.2 feet to its southeast corner; THENCE S89°55'W,with the south line of the 32 acre tract,for a distance of 983.3 feet to a point at the common corner of Section One and Section Three of Elkins Lake; THENCE with the east line and south line of Section Three to the southeast comer of a 2.4077 acre road easement to a called 10.00 acre tract used for the City of Huntsville Sewage Plant Site as per U.S. Forest Service Permit No. 10781 dated 1973; THENCE with the southeast line of the S.A.&M.G.R.R.SURVEY for a total distance of 3282.00 feet to the south corner of the 10.00 acre tract; THENCE with the southwest line of the 10.00 acre tract,continuing for a total distance of 1000.00 feet to a point; THENCE being 1000.00 feet northwest of and parallel to the southeast line of the S.A. &M.G.R.R. SURVEY and the northwest line of the GLASSCOCK SURVEY,to the point of intersection with a southeast line of the S.A.&M.G.R.R. SURVEY and the northwest line of the J. O'BANNON SURVEY, said point being in the northwest line of Section Three; THENCE north with the northwest line of Section Three and the northeast line of J. O'BANNON SURVEY to a point at a common corner of Section Three and Section Four of Elkins Lake Subdivision; THENCE with the west line of Section Four and the south line of Section Four to a point at the southwest corner of BARRETT SURVEY and an ell corner of the E.DAVIDS SURVEY, Abstract No. 157, said point being at a comer of the existing city limit line as per Ordinance No. 81-5, dated January 13, 1981 and known as Area "S-1". F.M.247/980 Beginning at the intersection of the south right-of-way line of Jenkins Road and the west right-of-way line of F.M. 247, same being a corner of the existing city limits line as per Ordinance No. 84-29 dated November 13, 1984; THENCE Southwesterly continuing with the existing City limits line to the northwest comer of a 50.6 acre tract described in a Deed to Joe Ferro recorded in Volume 210,Page 710, Deed Records; THENCE Northerly continuing with the existing city limits line and the common lines of the PARKER and BIRDSELL SURVEYS to the northwest corner of a called 20 acre tract described in a Deed from Frank J.Robinson,Sr.to Frank J.Robinson,Jr.,dated July 13, 1984 and recorded in Volume 432,Page 402, Deed Records; THENCE Easterly with the north line of said 20 acre tract pass its northeast corner and continuing easterly across a called 4.065 acre Robinson tract to a point on its east line; THENCE Northerly with said Robinson tracts to a point for the northeast corner of a called 40.36 acre tract described in a Deed recorded in Volume 0128, Page 185, Official Records,said corner being the northwest corner of a called 10.58 acre tract recorded in Volume 058,Page 805, Official Records; THENCE Easterly with the north line of said 10.58 acre tract to a point on its north line, and also being in the east line of a called 18 acre tract described in a Deed to Lynn Reynolds; THENCE Northerly with the east line of said 18 acre tract to its northeast comer; THENCE Easterly with the north line of said O'Bannon Addition and the north right-of- way line of Pine Hollow Dr.,to the southwest right-of-way line of F.M.247,continuing easterly across F.M. 247 to a point in the northeast right-of-way line of F.M.247; THENCE Northerly with the northeast right-of-way line of F.M.247 to a point for the northwest corner of a called 1.5 acre tract recorded in Volume 336,Page 733,Deed Records; THENCE Easterly with the north line of said 1.5 acre tract pass its northeast corner, same being a northwest comer of a called 16 acre tract recorded in Volume 130, Page 435, Deed Records, continuing with the north line of said 16 acre tract pass a southwest corner of a called 15 acre tract recorded in Volume 027,Page 210, Official Records, said corner being at the southwest corner of Duke Road,continuing with the south right-of-way line of Duke Road to the northeast corner of said Shotwell tract and being the northwest comer of a called 7.5 acre tract recorded in Volume 238,Page 262,Deed Records,said point being in the northwest right- of-way line of F.M. 980; THENCE Northeasterly,with the northwest right-of-way line of F.M.980 to a point of intersection if the south line of Pinecrest Acres Section I was extended west would intersect the northwest right-of-way line of F.M. 980; THENCE Southeasterly, across F.M. 980 along the extended south line of Pinecrest Acres Section I to the northeast corner of Creekview Subdivision as per plat recorded in Volume 1,Page 44,Plat Records and being in the center of Parker Creek; THENCE Southwesterly with the meanders of said Parker Creek to the northeast corner of a called 80-1/2 acre tract recorded in Volume 122,Page 282,Deed Records and as per Deed recorded in Volume 260, Page 110, dated September 14, 1973 and another deed recorded in Volume 355,Page 659; THENCE Southerly continuing with the east lines of said 80-1/2 acre tract to its southeast corner,same being the northeast corner of a called 5.65 acre tract as described in Volume 319, Page 511, Deed Records, continuing with the east line of said 5.65 acre tract to its southeast comer; THENCE Southerly and being 1000 feet east of and parallel to the east right-of-way line of F.M.247 to the intersection with the north line of another existing city limits line dated May 8, 1973; THENCE Westerly with said existing city limits line and across F.M.247 to the existing city limits line on the west right-of-way line of F.M.247; THENCE Northerly with the existing city limits line and the west right-of-way line of F.M. 247 to the PLACE OF BEGINNING. S.H.30 EAST BEGINNING at a point where the east line of the FOSTER BOBO SURVEY,Abstract No.74 intersects the north right-of-way line of F.M.2821(Fish Hatchery Road),said point being the southeast corner of a called 100 acre U.S.A.Forest Service Tract No.J-3 as per Deed recorded in Volume 82, Page 131,Deed Records; THENCE Westerly,with the south line of said 100 acre tract and the north right-of-way line of said F.M. 2821, to a corner of said 100 acre tract, same being the existing city limits line as per Ordinance No.84-32,dated November 13,1984 and being the southeast corner of a called 2.00 acre tract as described in a Deed to Karl Davidson recorded in Volume 001,Page 773,Official Records of Walker County,Texas; THENCE Northerly with the existing city limits line and a west line of the 100 acre tract,same being the east line of said 2.00 acre tract,approximately 415.8 feet to a corner of the 100 acre tract, same being the northeast corner of said 2.00 acre tract; THENCE Westerly,along the south line of the 100 acre tract to its southwest corner and also being the southeast corner of a called 1.99 acre tract as described in a Deed to Edward L. Peikert recorded in Volume 368,Page 248,Deed Records; THENCE Southwesterly and Westerly continuing with the existing city limits line dated May 8, 1973 to the southwest corner of a called 3.4 acre trat conveyed to O.F.Ship recorded in Volume 218, Page 178,Deed Records and being in the southeast right-of-way line of S.H.30,said corner being the northwest corner of a called 0.63 of an acre of land as described in a Deed to Dewey L. Allbritton recorded in Volume 429,Page 779,Deed Records; THENCE Northeasterly along said existing city limits line and the southeast right-of-way line of S.H.30 to its intersection with the south right-of-way line of Allen Road; THENCE Westerly and Northwesterly,continuing with the existing city limits line across S.H. 30 and through McAdams Subdivision,and crossing over Loop 405 to a point on the northwest right-of- way line of said Loop 405; THENCE Northeasterly along the northwest right-of-way line of said Loop 405 and crossing through the RUMFIELD SURVEY to Highway Station No.133+80 as per Loop 405 Engineering Plans; THENCE S75'38'E,across said Loop 405 to Highway Station No.134+41.0,said station being in the southeast right-of-way line of said Loop 405; THENCE Southwesterly with the southeast right-of-way line of Loop 405 and S.H. 30 to its intersection with the north line of a called 3.81 acre tract as described in a Deed to Ibrye L. Hicks recorded in Volume 324,Page 67,Deed Records; THENCE Easterly with the north line of said 3.81 acre tract to its northeast corner; THENCE Southerly,with the east line of said 3.81 acre tract to its southeast corner,said corner being in the south line of the PARKER SURVEY and the north line of the BOBO SURVEY,same being the northeast corner of a tract or parcel of land as described in a Deed to Gene Jackson and recorded in Volume 193,Page 446,Deed Records; THENCE Easterly, with the common lines of the PARKER and BOBO SURVEYS, to the northeast corner of said U.S.A. Forest Service Tract,same being the northeast corner of the BOBO SURVEY and the northwest corner of the J.PARKER SURVEY,Abstract No.345; THENCE Southerly with the common boundary lines of the BOBO and J.PARKER SURVEYS, to the PLACE OF BEGINNING. S.H.30 WEST BEGINNING at a point for the southwest corner of a called 132 acre tract as described in a Deed to Helen Oliphant Spencer as recorded in Volume 169,Page 320,Deed Records,said point being an ell comer of a tract or parcel of land as described in a Deed to Herman L.Byrd recorded in Volume 235,Page 680,Deed Records,said point being a corner of an existing city limits line as per Ordinance No. 80-50,dated October 14, 1980 and known as Area "C"; THENCE Westerly across the Byrd property to a point at the southeast corner of Lot 5 and the northeast corner of Lot 6 of Westridge Subdivision,Section One as per a plat recorded in Volume 1,Page 31,Plat Records of Walker County,Texas; THENCE with the east line of the Westridge Subdivision,Section One to its southeast corner, same being also the northeast corner of Westridge Section Two as per plat recorded in Volume 1,Page 34, Plat Records; THENCE with the east and south lines of Section Two to a point for the southwest comer of Section Two,same being the southeast corner of Section Three of said Westridge Subdivision as per plat recorded in Volume 2,Page 32,Plat Records; THENCE with the south line and west line of Section Three to a point for the southeast corner of the Glass Subdivision as per plat recorded in Volume 1,Page 53,Plat Records; THENCE with the south line of said Glass Subdivision to its southwest corner; THENCE with the west line of the Glass Subdivision to a point at the northwest comer of the Glass Subdivision, same being in the south right-of-way line of S. H. 30; THENCE with the south right-of-way line of S. H. 30 to a point in said existing city limits line as per Ordinance No. 80-50, same being the northwest corner of Spencer tract; THENCE Southwesterly with the existing city limits line and the west line of said Spencer tract, to the PLACE OF BEGINNING. SOUTHWOOD DRIVE Beginning at the intersection of the south right-of-way line of Southwood Drive with the southwest boundary of the J. TINSLEY SURVEY, Abstract No. 548, same being an eastern boundary of the E.DAVIDS SURVEY,Abstract No. 157,said point lying on the existing City limits as established by Ordinance 81-1, dated January 13, 1981; THENCE N25°W along the common lines of the TINSLEY and DAVIDS SURVEYS, to a western corner of the TINSLEY SURVEY, same being an ell corner in the east boundary of Lot 34 out of the Southwood Subdivision as described in a plat recorded in Volume 117,Page 403, in the Walker County Deed Records; THENCE continuing with the common boundary of said TINSLEY and DAVIDS SURVEYS, same being the east boundary of said Lot 34, as follows: 1) N65°E-614.0 feet to an angle point;and 2) North-111.0 feet to a corner at the northeast corner of said Southwood Subdivision, same being the southeast corner of the W. MUNSON SURVEY, Abstract No. 379; THENCE Westerly, with the north boundary of said subdivision and the common boundary of said DAVIDS and MUNSON SURVEYS, for a distance of 3889 feet to the northwest corner of Lot 24 of said subdivision, same being an ell corner of the DAVIDS SURVEY and the southwest corner of the MUNSON SURVEY, said corner being also in the east line of Lot 23 of said subdivision; THENCE N01°W,with the common boundary of DAVIDS and MUNSON SURVEYS, same being the east line of said Lot 23, for a distance of 427.8 feet to the northeast corner of said Lot 23; THENCE S88°W, along the north line of said subdivision, at 2154.00 feet pass the northeast corner of The Timberwoods Subdivision as recorded in Volume 1,Page 35 of the Plat Records of Walker County, Texas, continuing with the north line of said Timberwoods Subdivision to the intersection of the existing City limits as established by Ordinance dated June 10, 1969 and recorded in Volume 221,Page 502,Deed Records; THENCE along the existing city limits in a southeasterly direction to the north right-of- way line of said Southwood Drive; THENCE Westerly with the north right-of-way line of said Southwood Drive to its intersection with the northeast right-of-way line of S. H. 75; THENCE in a southeasterly direction with the northeast right-of-way line of said S.H. 75 to the intersection of said S.H.75 with the south right-of-way line of said Southwood Drive; THENCE Easterly with the south right-of-way line of said Southwood Drive,same being the north boundary of the Goree State Prison Farm, to the POINT OF BEGINNING. FIF CITY OF HUNTSVILLE, TEXAS JULY 1994 '4 i 0U,U0 CITY OF HUNTSVILLE, TEXAS ANNEXATION SERVICE PLAN INTRODUCTION Pursuant to Texas Local Government Code,Chapter 43-Municipal Annexation,the City of Huntsville,Texas,has prepared this Service Plan for the delivery of municipal services to the territory which is proposed for annexation. The proposed tracts,described by maps and field notes which are attached and part of Exhibit"E", contain 7.61 square miles of area,or 4,869 acres,and are all located adjacent to the present existing City limits and within the City's ETJ. Texas law establishes the concept of extra-territorial jurisdiction(ETJ)for cities based on their number of inhabitants. For cities, such as Huntsville, with between 25,000 and 50,000 inhabitants,the ETJ is two(2)miles(Exhibit"A"). A city may annex up to ten percent of its total area each year. This ten percent(10%)may be accumulated year to year if the city does not annex additional territory or annexes less than the maximum. The City of Huntsville has not annexed any territory since 1984. The City Council of the City of Huntsville may annex thirty percent(30%)of its ETJ boundary areas,which equals approximately 4,000 acres of non- public land(Exhibits"B"and"C")this year. The areas proposed to be annexed contain 4,869 acres, but less than 3,897 acres of non-public land. The areas contain approximately 1,206 single family residences and 44 business establishments. Based on household population figures established by the 1990 census,the approximately 1,206 single family residences are estimated to contain approximately 2.32 inhabitants per dwelling. Based on the number of houses and 1 00003 Planning a city's growth is no easy task as social,political, economic and fiscal issues must be considered. The benefits that are derived from an annexation program are usually not immediate. It is doubtful that most annexations pay for themselves immediately. Over the long term,however, it is thought to be much more fiscally responsible to manage growth early on rather than to try and correct it 10 or 20 years after the fact. The fact is that uncontrolled growth outside the city limits will be tomorrow's problems if a city doesn't exert some control in the development process. Therefore,annexation is usually fiscally beneficial in the long term, but not in the short term. 3 00006 recreational programs that will be available to the annexed area. No capital improvements are necessary at this time to provide recreation services to the area. 5. Code enforcement services will be provided immediately upon annexation by the Central Inspection Division for the City's Public Works Department. These services include building, mechanical,plumbing and sanitary inspection. Animal Control services will be provided immediately. No capital improvements are necessary at this time to provide code enforcement services to the area. 6. Street lighting services in the area will be assumed by the City immediately upon annexation. A representative of the City will contact Entergy and/or Mid-South Electric concerning the existence of any public street lighting facilities in the annexed area;if such facilities exist,the City will immediately assume the operational costs. Residents of the area desiring the erection of street lighting facilities may contact the City for a determination of need for the installation of a street light according to the current city policy. 7. The facilities at the Huntsville Municipal Airport will be available to the annexed territory. 8. All properties previously restricted for single family residential use will be placed in a "nc"-neighborhood conservation zoning district. All other properties will be placed in a"m"-management zoning district. Subsequent district changes will be in accordance with City ordinances and state law. 5 0000Y are handled through the Utility Extension Policy of the City. Any private water systems will remain private and may continue to service their existing customers. Extensions to these facilities will be permitted only as allowed by state and federal law. The area will be included with all other territory in the City in connection with planning for new, revised or expanded public water facilities,except where limited by federal or state laws protecting existing private water systems. Public Sewer Facilities The City owns,operates and maintains all of its sanitary sewer system. City owned wastewater collection/treatment,facilities in the annexed area will be maintained by the City. There are not other publicly owned wastewater collection/treatment facilities in the area to be acquired or maintained by the City. Commonly used private sewer systems may continue to operate subject to applicable State laws and City ordinances. Service connections,extensions and service fees will be at the standard rates as established by ordinance by Council. Extension of sewer mains to properties not currently will be made consistent with the City's Utility Extension Policy. The annexed areas will be included with all other territory in the City in connection with planning for Hew,revised or expanded wastewater facilities. Votin All persons eligible to vote shall be immediately eligible to participate in City elections,subject only to approval of the U.S.Department of Justice. Each area will be placed in a City ward based upon its contiguousness and population. 7 0000;:.+ Municipal Service Plan-Elkins Lake Subdivision Elkins Lake is unique among the areas proposed to be annexed by the City because it lies within Municipal Utility and Road Utility Districts. It is the only area outside the City's current boundaries that receives City of Huntsville residential garbage pickup services. The City already provides basic water and sewer services to the area through contracts with the MUD_ Except as provided below,however, the City's general service plan shall apply to Elkins Lake_ Sanitation: Residential and commercial garbage services currently provided will continue. Effective immediately upon annexation,the service and charges for service shall be the same as for customers currently in the City. Street and Drainage Maintenance: All RUD funds,except those borrowed or transferred from the MUD,will be dedicated and used by the City only for street and drainage maintenance in the Elkins Lake subdivision,including the construction of a second entrance in compliance with the City's Development Code. The City will provide street cleaning services. Municipal Utility District: The City will provide in its ordinance annexing the Elkins Lake subdivision a date for the dissolution of the MUD(and the RUD)within 90 days of the annexation ordinance. Upon the dissolution of the MUD,the City shall take over all the property and assets of the District,assume all the debts,liabilities,and obligations of the District,and perform all the functions of the District. The District Board will be dissolved. The City agrees to honor any contracts providing for the termination of leasehold interests in the administrative offices/post office that were in effect prior to June 1,1994. The City agrees to employ the District's Office Manager in a similar position for the City,subject to the general rules and policies of the City applicable to all City employees. 9 PRELIMINARY DEMOGRAPHIC INFORMATION BEFORE ANNEXATION-POPULATION EXCLUDING INMATES TOTAT V4 HI TE BLACT{ ITTSP QTTT � 21,786 14,411 4,774 2,197 374 100% 66% 22% 10% 1% ANNEXED AREAS TQTAE WRITE BLACK; 'HISP��OTIIER 2,794 2,373 374 47 0 100"/0 85% 13% 2% AFTER ANNEXATION-POPULATION EXCLUDING INMATES y�'OfiAIi MITT+;: .:BLACK; HISP '' 0!TIiEIt�. 24,580 16,784 5,148 2,244 374 100% 68% 21% 10% 1% 10 PRELIMINARY DEMOGRAPHICS BY WARDS �'YARI}�' TOTAL• ,WHITE• BLACK IIISP :' QTHER NOW 5,273 4,091/78% 740/14% 326/6% 116/2% ADD 435 346 58 31 -- AFTER 5,708 4,437/78% 798/14% 357/6% 116/2% WQI2A 2 TOTAL WHITE BLACK HISP QTIIII NOW 5,145 4,128/80% 609/12% 309/6% 99/2% ADD 428 416 0 12 -- AFTER 5,573 4,544/82% 609/11% 321/6% 99/2% Z1 A1]3: T4AT WHIT BLACK HISP OTHER„^I NOW 5,831 2,372/41% 2,420/42% 988/17% 51/1% ADD 452 141 310 1 4 AFTER 6,287 2,513/40% 2,730/44% 989/16% 55/-- .... 5/-- WAX2D 4,: )OT 1L WH E BT AGK HLSP, ^U...... 2 r NOW 5,491 3,820/70% 1,005/18% 574/10% 92/-- ADD 1,479 1,470 6 3 - AFTER 7,078 5,298/75% 1,111/16% 577/8% 92/-- *TOTAL POPULATION EXCLUDING INMATES. I1 OU012 1A P 2-61 77 4-IUN75Vi L4-5. + Q r EXHIBIT "A" APPROXIMATE 2 MILE EXTRA-TERRITORIAL JURISDICTION CITY OF HUNTSVILLE, TEXAS AFTER ANNEXATION JULY, 1994 '117V 2` qrn '):;r:.sx��., ..xk:��xn. F..n:•�cr,vgF; s i.:F. �yP' z yam Y a X� k s ra .':'`«s �r AXED �� BL ANJEXATTOT�Tt�TA 4�-A.I;�� gUiINGsII �ACREA ku3�G' a • ^r 1940 3,172.63 1964 125.79 0.00 0.00 125.79 3,298.42 1965 0.00 30.78 0.00 30.78 3,329.20 1966 67.03 0.00 0.00 67.03 3,396.23 1967 177.22 0.00 0.00 177.22 3,573.45 1968 0.00 0.00 0.00 0.00 3,573.45 1969 0.00 2,017.58 1,154.10 3,171.68 6,745.13 1970 0.00 0.00 0.00 0.00 6,745.13 1971 0.00 0.00 25.71 25.71 6,770.84 1972 0.00 0.00 0.00 0.00 6,770.84 1973 0.00 19.28 948.58 967.86 7,738.70 1974 0.00 0.00 '0.00 0.00 7,738.70 1975 0.00 0.00 0.00 0.00 7,738.70 1976 0.00 0.00 0.00 0.00 7,738.70 1977 - 0.00 0.00 0.00 0.00 7,738.70 1978 0.00 0.00 0.00 0.00 7,738.70 1979 0.00 0.00 0.00 0.00 7,738.70 1980 0.00 846.00 1,765.00 2,611.00 10,349.70 1981 0.00 482.00 1,500.00 1,982.00 12,331.70 1982 0.00 0.00 0.00 0.00 12,331.70 1983 0.00 0.00 0.00 0.00 12,331.70 1984 0.00 50.50 901.80 952.30 13,284.00 TOTAL 370.04 3,446.14 6,295:19 10,111.37 13,284.00 ��"s f CITE OX IIL72�T'I'SS'IX LE TJCXAS o-3� .MAXIMTTM ACREAGE AVAILABLE FQR A1�NEXATIOI�T PER,Y'EAR er��,�' EXHIBIT C PUBLIC T CAX U 'YEARI,i' E ACREAGE ATT.OWABI,E: ;,�, TOTAL ANNEXATION� ANNEXED BX ACREAGE ACREAGE MAXTMI71 EMU ACCiIM FOR 1940 3,172.63 0.00 0.00 0,00 0,00 1964 3,298.42 317.26 0.00 0.00 317.26 1965 3,329.20 329.84 0.00 317.26 647.10 1966 3,396.23 332.92 0.00 647.10 980.82 1967 3,573.45 339.62 0.00 980.82 1,319.65 1968 3,573.45 357.34 0.00 1,319.65 1,676.99 1969 6,745.13 35734 1,154.10 522.89 880.24 1970 6,770.84 67451 0.00 880.24 1,554.75 1971 6,779.84 677.08 25.71 1,529.04 2,206.12 1972 7,738.70 677.98 0.00 2,206.12 2,884.11 1973 7,738.70 773.87 94858 1,93553 2,709.40 1974 7,738.70 773.87 0.00 2,709.40 3,483.27 1975 7,738.70 773.87 0.00 3,483.27 4,257.14 1976 7,738.70 773.87 0.00 4,257.14 5,031.01 1977 7,738.70 773.87 0.00 5,031.01 5,804.88 1978 7,738.70 773.87 0.00 5,804.88 6,578.75 1979 7,738.70 773.87 0.00 6,578.75 7,352.62 1980 10,349.00 773.87 1,765.00 5,587.62 6,361.49 1981 12,331.00 1,034.90 1,500.00 4,861.49 5,896.39 1982 - 12,331.00 1,233.10 0.00 5,8939 7,129.49 1983 12,331.00 1,233.10 0.00 7,129.49 8,362.59 1984 13,283.00 1,328.30 95230 7,410.29 8,64339 1985 13,283.00 1,32830 0.00 8,64339 9,971.69 1986 13,283.00 1,32830 0.00 9,971.69 11,299.99 1987 13,283.00 1,328.30 0.00 11,299.99 12,628.29 1988 13,283.00 1,328.30 0.00 13,956.59 13,95659 1989 13,283.00 1,32830 0.00 13,95659 15,284.89 1990 13,283.00 1,32830 0.00 15,284.89 16,613.19 1991 13,283.00 1,32830 0.00 16,613.19 17,941.49 1992 13,283.00 1,32830 0.00 17,941.79 19,269.79 1993 13,283.00 1,32830 0.00 19,269.79 20,598.09 1994 13,283.00 1,32830 0.00 20,598.09 21,92639 00016 Walker County a - Appraisal District APPRAISAL DISTRICT BOARD — JURISDICTIONS: CHAIRMAN Gly of H.M.'Alle Ralph Iasyson Ciry of New Waveriy VICF.CHAIRMAN Ciry of Riverside P.O.BOX 1798(1819 SYCAMORE) _ Elkins lake M.U.D. Fred Cherry HUNTSVILLE.TEXAS 77342-1798 Huna ill,I.S.D. SECRETARY 409295-0402 New wavedy ISD. JS.Rabi"wn RiduNs I.S.D. Walker Counry kms" JULY 20, 1994 Walker Co.Hospital Mould SMarlin Wall'Co.Fuc Diwin Xl Joyce Robin= Walker Co.Fare District M2 Willie Willi— CHIEF APPRAISER Grover A.Cook IN ACCORDANCE WITH YOUR REQUEST WE HAVE COMPILED THE 1994 TAXABLE VALUES AND DESCRIPTIONS BY THE AREAS INDICATED. ALTHOUGH SOME ESTIMATES WERE USED WE FEEL THAT THE INFORMATION PRESENTED IS REASONABLY ACCURATE BASED ON OUR RECORDS AT THIS TIME. AREA TAXABLE VALDE RESIDENCE COMM IDENTIFICATION - REAL PERSONAL TOTAL ACCTS ACCTS SOUTHWOOD DR 1,328,040 0 1,328,040 26 0 WESTRIDGE 14,190,490 0 14,190,490 151 0 BADGER RD 1,219,370 0 1,219,370 28 0 E HUNTSVILLE(2) 484,600 0 484,600 35 0 E HUNTSVILLE(3) 1,881,640 206,500 2,088,140 84 2 HWY 75 S . 5,219,860 3,121,620 8,341,480 0 2 HWY 980 & 247(A) 5,854,240 73,090 5,927,330 133 2 HWY 980 & 247(B) 58,770 0 58,770 3 0 ANDERS/ALLEN RD 1,603,450 40,000 1,643,450 38 3 HWY 75 N 5,169,880 2,229,790 7,399,670 57 27 ELKINS LAKE 67,700,630 224,230 67,924,860 655 6 49 6,14/ Gro r A. Cook Chief Appraiser EXHIBIT "D" 000.1 ANNEUMN EXHIBIT "E" 1994 PROPOSED ANNEXATION ACREAGE POPULATION DWELLINGS AREA STREETS Private Public Total Black While Hispanic Total Residential Commercial Total 1. Southwood Dr. 104 6 110 6,470' 0 36 0 36 16 0 16 2. HWY.75(South) 50 47 , 97 2,000' 0 0 0 0 0 2 2 3. Elkins bake 6 1,434 3 1,443 665 6 67l a) Elkins Lake 948 103 1,051 89,760 (17 mi.) b) Davidson WWTP -0- 82 82 -0- 4. HWY.30(West) 0 416 12 428 153 0 153 (Westridge/Glass) 372 29 401 21,070- S. HWY.75(North) 986 286 1,272 2,260' 38 80 4 122 57 27 84 6. FM.247/980 650 37 687 8,100' 20 266 27 313 136 3 139 7. HWY.30(East) 102 129 231 3,000' 0 84 0 84 38 3 41 8. Badger Addition 34 228 262 4,050' 0 54 0 54 20 0 20 9. Johnson Road 265 10 275 8,990' 121 0 0 121 37 0 37 10. HWY.190/Geneva Road 3.86 IS 401 10,530' 189 3 1 193 84 3 87 TOTAL 3,897 972 4,869 156,230' 374 2,373 47 2,794 1,206 44 1,250. (29.58 mi.) City of Huntsville Official Acreage 13,283 acres X 30%=3,984 Acres Revised Jun.25,1994 0001 PROPOSED ANNEXATION 1994 SOUTHWOOD DRIVE PRELIMINARY Mill SOUTHWOOD DRIVE LOCATION: Southeast of city, north of the Goree unit of the Texas Department of Criminal Justice. TOTAL AREA: 110 acres. LAND USE: The predominate land use is single family residential on large estate type lots(average size about 5 acres). No commercial or industrial uses are known to exist in the area. POPULATION: It is estimated that approximately 36 persons reside in the area. These residents are generally middle income non-minority. STREETS: Approximately 1.25 miles of street exists in the area. This street, Southwood Drive has a non-curbed,paved surface. EXISTING UTILITIES: Municipal water is available to all sections of the area. Due to topographical problems, sewerage facilities have not been extended resulting in the use of individual disposal systems. Since the average lot size is approximately five(5)acres,the method of sewage disposal has not created a problem. 7 11 7 - - 764/414 233 76� � •' � ._ qq ass , YETIso 233 M—earrI ( -' MJ1Vv7VN ` G� 1936 !� m 2 rs C. Pafl[h11II ' Hok i - (� 82/131 1-�P 3 Steely -` l ) i.;-/ \ rr1 �,.-moi�7 �._�♦ ��. l: J/ �` �` • �`,. 68%.&o(T "t}i on Ikk � - tf = /' STATE' !ylPRISOnN 'FARM- GENERAL CHARACTERISTICS AREA TO BE ANNEXED: SOUTHWOOD DRIVE ACREAGE PRIVATE 104 PUBLIC 6 TOTAL 110 NUMBER OF DWELLING UNITS: 16 NUMBER OF COMMERCIAL/ INDUSTRIAL UNITS: -0- ESTIMATED POPULATION: 36 LOCATION MAP 00021 SOUTHWOOD DRIVE (July 21,1994-Final) Beginning at the intersection of the south right-of-way line of Southwood Drive with the southwest boundary of the J. TINSLEY SURVEY, Abstract No. 548, same being an eastern boundary of the E.DAVIDS SURVEY,Abstract No. 157,said point lying on the existing City limits as established by Ordinance 81-1,dated January 13, 1981; THENCE N25°W along the common lines of the TINSLEY and DAVIDS SURVEYS, to a western corner of the TINSLEY SURVEY,same being an ell corner in the east boundary of Lot 34 out of the Southwood Subdivision as described in a plat recorded in Volume 117,Page 403,in the Walker County Deed Records; THENCE continuing with the common boundary of said TINSLEY and DAVIDS SURVEYS, same being the east boundary of said Lot 34,as follows: 1) N65'E-614.0 feet to an angle point;and 2) North-111.0 feet to a comer at the northeast corner of said Southwood Subdivision, same being the southeast comer of the W. MUNSON SURVEY, Abstract No.379; THENCE Westerly, with the north boundary of said subdivision and the common boundary of said DAVIDS and MUNSON SURVEYS, for a distance of 3889 feet to the northwest corner of Lot 24 of said subdivision, same being an ell comer of the DAVIDS SURVEY and the southwest comer of the MUNSON SURVEY, said corner being also in the east line of Lot 23 of said subdivision; THENCE N01*W,with the common boundary of DAVIDS and MUNSON SURVEYS, same being the east line of said Lot 23,for a distance of 427.8 feet to the northeast comer of said Lot 23; THENCE S88'W, along the north line of said subdivision, at 2154.00 feet pass the northeast corner of The Timberwoods Subdivision as recorded in Volume 1,Page 35 of the Plat Records of Walker County, Texas, continuing with the north line of said Timberwoods Subdivision to the intersection of the existing City limits as established by Ordinance dated June 10, 1969 and recorded in Volume 221,Page 502,Deed Records; THENCE along the existing city limits in a southeasterly direction to the north right-of- way line of said Southwood Drive; THENCE Westerly with the north right-of-way line of said Southwood Drive to its intersection with the northeast right-of-way line of S.H.75; THENCE in a southeasterly direction with the northeast right-of-way line of said S.H. 75 to the intersection of said S.H.75 with the south right-of-way line of said Southwood Drive; 00022 THENCE Easterly with the south right-of-way line of said Southwood Drive,same being the north boundary of the Goree State Prison Farm,to the POINT OF BEGINNING. 00023 PROPOSED ANNEXATION 1994 HIGHWAY 75 (SOUTH PRELIMINARY" 4 HIGHWAY 75(SOUTH) LOCATION: Southeast of city and south of the Goree unit of the Texas Department of Criminal Justice. TOTAL AREA: 97 acres. LAND USE: The area contains two industrial establishments, one church and the site of the Sam Houston Statue and Visitor's Center. POPULATION: There are no known residents in the area. STREETS: There is 0.87 mile of street surface of which 0.5 mile is Highway 75. The remainder is an unpaved road. EXISTING UT=IES: The area is served by a 12" water line running parallel to the highway. Due to topographic limitations and the presence of I-45,the only available municipal sewerage facilities are located approximately one mile away.at Southwood Drive. 5 jam" `"�`,`; •>� ) _ � �' \ � U(nT AT ' Coi i Hhme arci;ao(XI _ t �; 3.8 1 Laura A. ` / ve Y�(fKI , �� T4�94169h68 alt qt 7/lb: GENERAL CIIARACTERISTICS AREA TO BE ANNEXED: HWY.75(SOUTH) ACREAGE PRIVATE 50 PUBLIC 47 TOTAL 97 NUMBER OF DWELLING UNITS: -0- NUMBER OF COMMERCIAL/ INDUSTRIAL UNITS: 2 ESTIMATED POPULATION: -0- LOCATION MAP 00026 S.H.75 SOUTH (July 21,1994-Final) BEGINNING at a concrete monument for a northeast comer of Section One of Elkins Lake Subdivision as per plat recorded in Volume 174,Page 569,Deed Records,said point being at a south comer of a called 1000 acre tract conveyed by Joseph Baldwin to the State of Texas (T.D.C.Goree),dated January 28, 1982 and recorded in Volume 6,Page 628,Deed Records and also being in the north line of the H.D.RIPLEY SURVEY,Abstract No.489 and the south line of E.DAVIDS SURVEY,Abstract No.157,said point being in the south line of an existing city limit line as per Ordinance No.80-51 known as Area"P"and dated October 14,1980 and also in the southwest right-0f-way line of I.H.45; THENCE westerly across I.H.45 and the common line of said RIPLEY and DAVIDS SURVEYS,pass a concrete monument in the northeast right-of-way line of S.H.75,same being the northwest corner of a called 5.0 acre tract as described in a Deed from Gibbs Brothers& Co.to Elkins Lake Baptist Church,dated November 5,1971 and recorded in Volume 240,Page 195, Deed Records of Walker County, Texas, continuing with the common lines of said RIPLEY and DAVIDS SURVEYS,at 1052.80 feet pass the northeast corner of said 5.00 acre tract,same being the northwest corner of another 5.0 acre tract,conveyed from Robert McCann to Elkins Lake Baptist Church,dated October 20,1976 and recorded in Volume 274,Page 670, Deed Records,continuing easterly with the common boundary line of said RIPLEY SURVEY and DAVIDS SURVEY,for a total distance of 2052.80 feet to a concrete monument with brass cap for the most northern northeast corner of said RIPLEY SURVEY,same being the northwest corner of the A. BROWN SURVEY, Abstract No.94 and being the northeast corner of said 5.00 acre tract described in Volume 274,Page 670; THENCE S00°11'W, with the east line of said 5.00 acre tract at 217.8 feet pass its southeast comer,continuing southerly for a total distance of 277.8 feet to a point on the south right-of-way line of a 60 foot road; THENCE Westerly with the south right-of-way line of said 60 foot road to the northeast comer of a called 20.62 acre tract as described in a Substitute Trustee's-Deed from Graf Investments,Inc.to Lynes,Inc.,dated March 7,1989 and recorded in Volume 091,Page 606, Official Records; THENCE S34°53'E,with the northeast line of said 20.62 acre tract, for a distance of 236.8 feet to the east corner of said 20.62 acre tract; THENCE S55`07'W,with the southeast line of said 20.62 acre tract,for a distance of 435.60 feet to the north comer of a called 20.00 acre tract as described in a Deed from Carlisle Corporation to McMurry Oil Tools,Inc.,dated March 18,1992 and recorded in Volume 0163, Page 834,Official Records; THENCE S34153'E,with the northeast line of said 20.00 acre tract for a distance of 1000.00 feet to its east comer; 00097 THENCE S55'07'W,with the southeast line of said 20.00 acre tract, for a distance of 871.2 feet to its south corner in the northeast right-of-way line of said S.H. 75; THENCE southeasterly along the northeast right-of-way line of said S.H.75 to a point where the southeast line of a called 5.785 acre tract as described in a Gift Deed from Gibbs Brothers&Company to the City of Huntsville,dated March 17, 1994 and recorded in Volume 0221,Page 337,Official Records if extended would intersect the northeast right-of-way line of said S.H.75; THENCE S52°26'34.1"W,across said S.H.75,pass the east and south comers of said 5.785 acre tract,continuing across I.H.45 to a point in the southwest right-of-way line of said I.H.45; THENCE northwesterly with the southwest right-0f-way line of said I.H.45,to POINT OF BEGINNING. 00028 PROPOSED ANNEXATION 094 ELKINS LAKE PRELIMINARY 0002'9 ELKINS LAKE LOCATION: Southeast of city on the west side of Interstate 45. TOTAL AREA: 1133 acres. LAND USE: This planned subdivision is primarily single family residential development with a private golf course,club house and restaurant which is managed by the Elkins Lake Recreation Corporation for the exclusive use of property owners. The City of Huntsville owns and operates the N.B. Davidson South Waste Water Treatment Plant in the southwest corner of this area. POPULATION: 1,443 STREETS: There are approximately 17 miles of asphalt paved,curb and gutter streets in this area. EXISTING UTILITIES: The City presently provides water and sewer service through a contract with Elkins MUD. The City would assume the ownership and operation of the water and sewer system from MUD. Upon annexation MUD would be dissolved. 1 � ''� �� ''�'jS �'MlF�!F!?v'Q �:n., �.. �- - tee •":�%�-1:_ �: ,��A�� s��un��n.� �' � ev'�„ 'c - ems•�_l�.�S '.'eon P;o� n:..(.J..�... „ . .. :. a +,`� P c e, 5 • � � 11 � i • • • � 1 • • • 1 a • • I � '�' � 00031 ELKINS LAKE (July 21,1994-Final) BEGINNING at a concrete monument for a northeast comer of Section One of Elkins Lake Subdivision as per plat recorded in Volume 174,Page 569,Deed Records,said point being in the south line of a called 1000 acre tract conveyed by Joseph Baldwin to the State of Texas (T.D.C.Goree),dated January 28, 1982 and recorded in Volume 6,Page 628,Deed Records and also being in the north line of the H.D.RIPLEY SURVEY,Abstract No.489 and the south line of E.DAVIDS SURVEY,Abstract No.157,said point being in the south line of an existing city limit line as per Ordinance No.80-51 known as Area"P"and dated October 14,1980 and also in the southwest right-of-way line of I.H.45; THENCE S16'28'W,with the northeast line of said Section One and the southwest right- of-way line of said I.H.45,for a distance of 120.6 feet to a concrete monument for the most eastern southeast corner of said Elkins Lake Section One; THENCE with the south line of said Elkins Lake Section One as follows: 1) S73'16'E-114.20 feet; 2) Mol.7'E-704.20 feet; 3) S69°47'E-622.50 feet; 4) S64'46'E-601.90 feet;and 5) S71'171E 156.70 feet to a concrete monument for an ell comer of Section One; THENCE S00'36'E,with an east line of said Section One,for a distance of 1600.5 feet. to another comer of said Section One; THENCE S89'51'W,with a south line of said Section One,for a distance of 1648.10 feet to a corner; THENCE S00'50'W,with an east line of said Section One,for a distance of 1297.9 feet to a point in the south line of said Section One and the south line of the-D. McMIL.LIAN SURVEY,Abstract No.382 and the north line of the A.BROWN SURVEY,Abstract No.95, said point being in the north line of a called 32 acre tract conveyed to Tinsley Inc.; THENCE N89'55'E, with the common lines of said MCMILLIAN and BROWN SURVEYS, same being the north line of the 32 acre tract,for a distance of 106.7 feet to its northeast corner; THENCE S00'22'E,with the east line of the 32 acre tract,for a distance of 1229.2 feet to its southeast corner; THENCE S89'55'W,with the south line of the 32 acre tract,for a distance of 983.3 feet to a point at the common comer of Section One and Section Three of Elkins Lake; OUu32 THENCE S09°19'W,with the east line of Section Three,for a distance of 2982.90 feet to its southeast corner,said comer being the southeast comer of the J.O'BANNON SURVEY, Abstract No.428; THENCE N80`11'W, with the south line of the O'BANNON SURVEY line and the south line of Section Three, for a distance of 3677.72 feet to its southwest corner and the southwest corner of the O'BANNON SURVEY, same being the north comer of the W. GLASSCOCK SURVEY,Abstract No.222 and the most southern southeast comer of the S.A. &M.G.R.R.SURVEY,Abstract No.535,and also being the southeast comer of a 2.4077 acre road easement to a called 10.00 acre tract used for the City of Huntsville Sewage Plant Site as per U.S.Forest Service Permit No. 10781 dated 1973; THENCE S68°W,with the southeast line of the S.A. &M.G.R.R.SURVEY and the northwest line of the GLASSCOCK SURVEY, at 2622.00 feet pass the west comer of the 2.4077 acre tract and the east comer of the 10.00 acre lift station site,continuing with the south line of the S.A.&M.G.R.R.SURVEY and the north line of the GLASSCOCK SURVEY,for a total distance of 3282.00 feet to the south comer of the 10.00 acre tract; THENCE N22°W,with the southwest line of the 10.00 acre tract,at 660.00 feet pass its north corner of the 10.00 acre tract and continuing for a total distance of 1000.00 feet to a point, THENCE being 1000.00 feet northwest of and parallel to the southeast line of the S.A; &M.G.R.R.SURVEY and the northwest line of the GLASSCOCK SURVEY,to the point of intersection with a southeast line of the S.A.&M.G.R.R.SURVEY and the northwest line of the J. O'BANNON SURVEY,said point being in the northwest line of Section Three; THENCE N10°14'E,with the common line of the S.A.&M.G.R.R.and GLASSCOCK SURVEYS,same being the northwest line of Section Three, for a distance of 2791.70 feet to a concrete monument at a common corner of the S.A. & M.G.R.R. and J. O'BANNON SURVEYS; THENCE S80°07'E, with the most northern southwest line of S.A. & M.G.R.R. SURVEY and the northeast line of J.O'BANNON SURVEY,for a distance of 1385.2 feet to a point at a common comer of Section Three and Section Four of Elkins Lake Subdivision; THENCE N00°06'W,with the west line of Section Four,for a distance of 3803.60 feet to a point on the north line of S.A.&M.G.R.R.SURVEY and the W.BARRETT SURVEY, Abstract No.77; THENCE S89°20'W, with the common line of S.A. & M.G.R.R. SURVEY and BARRETT SURVEY,and a south line of Section Four,for a distance of 625.60 feet to a point at the southwest comer of BARRETT SURVEY and an ell corner of the E.DAVIDS SURVEY, Abstract No. 157,said point being at a corner of the existing city limit line as per Ordinance No.81-5,dated January 13, 1981 and known as Area"S-1"; 000 ?3 THENCE N01°28'W, with the existing city limits line and the common line of the BARRETT and DAVIDS SURVEYS,for a distance of 3333.90 feet to the northwest corner of the BARRETT SURVEY, same being the southwest comer of the R. WALKER SURVEY, Abstract No.589,said corner being the northwest corner of Section Four; THENCE N89°05'E,with the common line of the BARRETT and WALKER SURVEY, same being the north line of Section Four,for a distance of 2965.40 feet to the northeast comer of Section Four,same being a northwest comer of Elkins Lake Section Two; THENCE continuing with the common line of the BARRETT and WALKER SURVEY, same being the north line of Section Two as follows: 1) S88°31'E-409.30 feet;and 2) S89°31'E-435.30 feet to a concrete monument at the southeast comer of said WALKER SURVEY,same being an ell corner of said DAVIDS SURVEY and also being a corner of an existing city limits line as per Ordinance No. 80-48 dated October 14, 1980 and known as Area"I",said monument being a comer of said 1000 acre tract; THENCE S89°26'E,with the common line of the BARRETT and DAVIDS SURVEY, same being the north line of Section Two,for a distance of 414.70 feet to a concrete monument for the northeast comer of BARRETT SURVEY and an ell corner of the DAVIDS SURVEY and said 1000 acre tract; THENCE with the common line of the BARRETT and DAVIDS SURVEY,same being the common line of Section Two and said 1000 as follows: 1) S00'32'W-540.30 feet; 2) S00°191E-1300.30 feet;and 3) S00°38'E-1487.50 feet to a concrete monument at the southeast comer of the BARRETT SURVEY and a southwest corner of the DAVIDS SURVEY, said monument being in the north line of the McMII.LIAN SURVEY and Section One of Elkins Lake; THENCE S89°50'E,with the common line of MCMILLIAN and DAVIDS SURVEY, same being the north line of Section One,for a distance of 1108.70 feet to the northeast corner of McMILLIAN SURVEY and the northwest corner of the RIPLEY SURVEY; THENCE N89°39'E,with the common line of the DAVIDS and RIPLEY SURVEY and the north line of the Section One, for a distance of 2012.50 feet to the PLACE OF BEGE\WMG. O0034 PROPOSED ANNEXATION 1994 HIGHWAY 30 (WEST) PRELIMINARY 00035 HIGHWAY 30(WEST) (WESTRIDGE/GLASS) LOCATION: West of the city,extending from Highway 30 southward. TOTAL AREA: 401 acres. LAND USE: All existing structures are single family residential on estate type lots(1 to 5 acres in size). Several tracts of land adjacent to Highway 30 have been reserved for commercial use but at present are vacant. POPULATION: An estimated 428 people reside in the area within 153 dwelling units. The inhabitants within Westridge/Glass are non-minority,middle income. STREETS: Approximately five(5) miles of streets exist in the area. Of this total, approximately one-half mile consists of Highway 30. The remaining 4.5 miles are paved,non-curbed residential streets ranging in condition from good to poor. EXISTING UTILITIES: Municipal water is available to all sections of the area. Due to the. distance from municipal sewerage facilities(approximately 2 miles)and topographic limitations, the area is entirely served by individual sewage disposal systems. OOU3G D. All LEW I S ]66 x90 x% xn„x5o.•,x `--.t 4� n f// •• \, 69/J3 Swx,Q %. � � x99,69 �,m� ; ► 'C. . ,A '.,\ ,f♦}� 'J I.,•�\ 1, ♦ •♦ c ..�� _ �/ -'1� GENERAL CHARACTERISTICS AREA TO BE ANNEXED: HIGHWAY 30(WESI) WESTRIDGE/GLASS ACREAGE PRIVATE 372 PUBLIC 29 TOTAL 401 NUMBER OF DWELLING UNITS: 153 NUMBER OF COMMERCIAL/ INDUSTRIAL UNITS: -0- ESTIMATED POPULATION: 428 LOCATION MAP Ouu':7 S.H.30 WEST (July 21,1994-Final) BEGINNING at a point for the southwest corner of a called 132 acre tract as described in a Deed to Helen Oliphant Spencer as recorded in Volume 169,Page 320,Deed Records,said point being an ell corner of a tract or parcel of land as described in a Deed to Herman L.Byrd, dated May 15, 1971 and recorded in Volume 235,Page 680,Deed Records, said point being a comer of an existing city limits line as per Ordinance No.80-50,dated October 14, 1980 and known as Area"C"; THENCE Westerly across said Byrd property to a point at the southeast corner of Lot 5 and the northeast corner of Lot 6 of Westridge Subdivision,Section One as per a plat recorded in Volume 1,Page 31,Plat Records of Walker County,Texas; THENCE with the east line of said Westridge Subdivision,Section One and the west line of said Byrd tract,as follows: 1) S18'42'30"E-791.38 feet; 2) 515'23'25"W-427.29 feet; 3) N86'30'15"E- 9.36 feet; 4) S07°47'30"W-626.23 feet; 5) S12°31'05"W--195.29 feet, and 6) N74'36'35"W-101.44 feet to a point in the beginning of a curve to the left; THENCE with said curve to the left having a radius of 572.13 feet, central angle of 30'26'45"and a chord bearing of 500'10'00"W-300.45 feet to a point in said curve,said point ' being at the southeast corner of said Section One,same being the northeast comer of Westridge Section Two as per plat recorded in Volume 1,Page 34,Plat Records; THENCE continuing with said curve to the left with a central angle of 73'07'14"for a length of 730.14 feet to a point for the end of said curve,said point being the northeast corner of Lot 7 of Section Two; THENCE with the east and south lines of Section Two as follows: 1) Sll'39'00"W-361.45 feet; 2) 533'27'00"E-161.55 feet; 3) N78'21'00"E-204.80 feet;and 4) S12'17'00"E-1650.00 feet to the southeast corner of said Section Two; THENCE S78'21'W,with the south line of Section Two,for a distance of 957.95 feet to a point for the southwest corner of Section Two,same being the southeast corner of Section Three of said Westridge Subdivision as per plat recorded in Volume 2,Page 32,Plat Records; THENCE 575'32'30"W,with the south line of Section Three,for a distance of 957.55 feet to an angle point; 00036 THENCE N83*59'W,continuing with the south line of Section Three, for a distance of 278.9 feet to another angle point; THENCE with the west line of Section Three as follows: 1) N35°52'00"W-197.95 feet;and 2) N13°04'40"W-708.15 feet to a point for the southeast corner of the Glass Subdivision as per plat recorded in Volume 1,Page 53,Plat Records; THENCE S89°45'30"W,with the south line of said Glass Subdivision,for a distance of 665.9 feet to a point for an angle corner, said point being at the northeast comer of a called 162.48 acre tract as described in a Deed to August Niederhofer; THENCE S89"51'W,continuing with the south line of said Glass Subdivision and the north line of the 162.48 acre tract, for a distance of 702.25 feet to a point for the southwest comer of the Glass Subdivision; THENCE N01°11'W, with the west line of the Glass Subdivision, for a distance of 3836.55 feet to a point at the northwest corner of the Glass Subdivision,same being in the south right-of-way line of S.H.30; THENCE N53°25'E,with the north line of the Glass Subdivision and the south right-of- way line of S.H.30,for a distance of 690.90 feet to a point in the center of Sumac Road; . THENCE N53°32'20"E, continuing with the north line of Glass Subdivision and the. south right-of-way line of S. H. 30, for a distance of 201.8 feet to a point for the northeast comer of Glass Subdivision; THENCE Easterly continuing with the south right-of--way line of S.H.30,to a point in said existing city limits line as per Ordinance No. 80-50,same being the northwest comer of Spencer tract; THENCE Southwesterly with the existing city limits line and the west line of said Spencer tract,to the PLACE OF BEGIlVNING. ouoaz) PROPOSED ANNEXATION 1994 HIGHWAY 75 (NORTH) PRELIMINA13Y UUU410 HIGHWAY 75(NORTH) LOCATION: Northwest of City and on both sides of Interstate 45 North. The subject is adjacent to Texas Dept.of Criminal Justice Headquarters. TOTAL AREA: 1,272 acres. LAND USE: Highway 75 North displays a mixture of land uses. The north side of Highway 75 is primarily industrial in nature although there are two to three large residential tracts and a couple of undeveloped tracts. The west side of Interstate 45 abutting Highway 75 is diverse in terms of land use. There are residential as well as commercial,mobile homes and industrial establishment developments within the subject area. POPULATION: It is estimated that approximately 122 people reside in the area. The residents on the east side of I-45 are primarily minority residents, the remaining areas are non-minorities and middle income. STREETS: Of the four(4) miles of streets located in the area, 1.9 miles are state highways. EXISTING UTILITIES: Except for a sanitary sewer lift station and force main at Texas Department of Criminal Justice Headquarters facilities used to connect into the municipal sewerage system, no municipal utilities exist in the area. The nearest sewerage facility is the McGary Creek sewer line located just to the south of the new proposed city limit line. i 0004 1 .. j:7121 FF= 1 0 e`J4•i M 347 4HILL ABB S r .sHl (.:ElRY CgA66� o EE ..o/ a ,j' y�, . NNE Y �• I `gym.^^. � .. -u S ATE�PMWN F �va J.RANDOLPH` \ - r==e 1 A-4 =�` =z 68 .'.. o'} i 1. PALMERS ' \ GENERAL CHARACTERLSTICS AREA TO BE ANNEXED: HIGHWAY 75 NORTH ACREAGE PRIVATE 986 PUBLIC 286 TOTAL 1,272 NUMBER OF DWELLING UNITS: 57 NUMBER OF COMMERCLSIJ INDUSTRIAL UNITS: 27 ESTIMATED POPULATION: 122 LOCATION MAP IL Ouu42 S.H.75 NORTH (July 20,1994-Final) BEGINNING at a point for the southeast comer of a called 38.32 acre tract as described as the"Fourth Tract" in a Deed from Marguerite E.Thomason to Rawle B.Thomason, et al, dated August 29, 1955 and recorded in Volume 151, Page 259, Deed Records of Walker County,Texas, said corner being a southwest corner of Wynne State Prison Farm as per deed recorded in Volume Y,Page 181,Deed Records and also being in an existing city limits line as per Ordinance No. 81-4 known as Area"72"and dated January 13, 1981,said point being in the south line of the WARREN BIRDSELL LEAGUE,Abstract No.6 and a north line of the P.GRAY LEAGUE,Abstract No.24; THENCE Westerly, with the common line of the BIRDSELL and GRAY LEAGUES, at 2358.38 feet pass the southwest corner of the BIRDSELL LEAGUE and the southeast corner of the HILLARY M.CRABB SURVEY,Abstract No. 15 and also being the southeast comer of a called 111.5 acre tract known as the"First Tract"in a Gift Deed from Wilboum S.Gibbs to Sam Houston Foundation,dated December 121 1978 and recorded in Volume 329,Page 794, Deed Records and by another Deed from Lawrenceville School to Sam Houston State University (S.H.S.U.),dated June 24, 1993 and recorded in Volume 0197,Page 557,Official Records of Walker County, Texas, continuing with the common line of said CRABB and RANDOLPH SURVEYS,for a total distance of 5998.08 feet to the southwest corner of said S.H.S.U.tract, same being the southeast comer of a called 60.76 acre tract described in a Deed from Clarence Alexander,et al to Mrs. Annie B.Fraiser,dated November 11, 1929 and recorded in Volume 65,Page 536; THENCE N00°31'26"E,with the west line of said S.H.S.U.tract and the east line of said 60.76 acre tract to a point in said 60.76 acre tract if the lower north line of said 60.76 acre tract was extended; THENCE Westerly, across said 60.76 acre tract to its ell comer, same being the southeast comer of a called 75.00 acre tract as described in a Deed from Mance E. Park to Mance Michael Park, dated July 23, 1985 and recorded in Volume 448 Page 684, Deed Records; THENCE S89°37'50"W,with the north line of said 60.76 acre tract and the south line of said 75.00 acre tract,for a distance 2699.17 feet to a point for the southwest corner of said 75.00 acre tract,same being the southeast corner of a called 68.1543 acre tract as described in a Deed from Frank L. Park to Mance Michael Park, dated January 10, 1994 and recorded in Volume 0213,Page 528,Official Records; THENCE N00°24'47"W,with the west line of said 75.00 acre tract and the east line of said 68.1543 acre tract at 865.49 feet pass the northwest corner of said 75.00 acre tract,same being the southwest comer of a called 150.00 acre tract as described in a Contract of Sale from the Veteran's Land Board to Mance E.Park,dated January 6, 1953 and recorded in Volume 145,Page 40,Deed Records, continuing with the east line of said 60.1543 acre tract and the west line of said 150.00 acre residue tract for a total distance of 2669.40 feet to a point for the 00(M 3 northwest comer of said 150.00 acre residue tract and the northeast corner of said 68.1543 acre tract, said point being in the south line of a called 4.22 acre tract as described in a Deed from Ronnie L.Williams,et al to Phillip Campbell,dated May 8, 1985 and recorded in Volume 445, Page 797,Deed Records; THENCE N86°W, with the north line of said 68.1543 acre tract at 71.51 feet pass a point for the southwest comer of said 4.22 acre tract,same being the southeast corner of a called 5.00 acre tract as described in a Deed from Kerry L.Wiggins,et al to Mance Michael Park, dated July 30,1993 and recorded in Volume 0200,Page 858,Official Records,continuing with the north line of said 68.1543 acre tract and the south line of said 5.00 acre tract,for a total distance of 518.71 feet to an angle point of said 68.1543 acre tract and the northeast comer of a called 2.434 acre tract as described in a Deed from Lois Lively to A.Young,dated March 23, 1979 and recorded in Volume 335,Page 357,Deed Records; THENCE N86°13'55"W,with the north line of said 2.434 acre tract and the south line of said 5.00 acre tract, at 75.69 feet pass the southwest corner of said 5.00 acre tract, same being the southeast comer of a called 2.81 acre tract as described in a Deed from Lynn D. Boone to Michael Park,dated June 29,1993 and recorded in Volume 0197,Page 117,Official Records,continuing with the north line of said 2.434 acre tract and the south line of said 2.81 acre tract, at 443.39 feet pass the southwest comer of said 2.81 acre tract, same being the southeast comer of a called 0.997 of an acre of land described as the"Lot 9"in a Deed from Danny Rice,et al to Michael Rodney Turner,dated June 30,1983 and recorded in Volume 414, Page 589,Deed Records,continuing with the north line of said 2.434 acre tract and the south line of said Lot 9,for a total distance of 743.39 feet to the northwest corner of said 2.434 acre tract and the southwest corner of said Lot 9,same being in the east right-of-way line of Wire Road; THENCE N01°09'05"W,with the east right-of-way line of said Wire Road for a distance of 1421.18 feet to its intersection with the southwest right-0f-way line of S.H.75 THENCE northerly,across S.H.75 to a point on the northeast right-of-way line of S. H.75,said point being in the south line of a called 10.00 acre tract as described in a Deed from Charles F.Spriggs, et al to S&S Pipe&Supply, Inc.,dated July 8, 1991 and recorded in Volume 0146,Page 793,Official Records; THENCE N72°00'W,with the northeast right-0f-way line of S.H.75 and the southwest line of said 10.00 acre tract,to a point for the southwest comer of said 10.00 acre tract,same being the southeast corner of a called 5.747 acre tract described in a Contract of Deed from Georgie Kearse Rawson, et al to Donald G. Dean, dated January 1, 1992 and recorded in Volume 0162,Page 132 Official Records; THENCE N01'06'36"E,with the west line of said 10.00 acre tract and the east line of said 5.747 acre tract,to an angle point of said 10.00 acre tract and being the northeast corner of said 5.747 acre tract, said point being a southeast comer of a called 182.53 acre tract as described in a Deed to Perry Little recorded in Volume 240,Page 322; OuU4:4 THENCE NO2-22'11"E,continuing with the west line of said 10.00 acre tract and an east line of said 182.53 acre tract,for a distance of 420.34 feet to the northwest corner of said 10.00 acre tract,same being a southwest comer of a called 211.79 acre tract as described in a Deed from Carlos Magana to Javier Rosique,dated October 2, 1986 and recorded in Volume 027,Page 360,Official Records; THENCE N84°05'18"E, with a south line of said 211.79 acre tract, for a distance of 645.05 feet to an ell corner of said 211.79 acre tract,same being the northeast corner of a called 7.408 acre tract described in a Deed from Lois Kearse Lively,et at to Mid-South Electric Co-Op Association,dated April 22, 1981 and recorded in Volume 375,Page 445,Deed Records; THENCE S00'20'50"E,with a west line of said 211.79 acre tract and the east line of said 7.408 acre tract,for a distance of 385.70 feet to an angle comer of said 211.79 acre tract, same being the northwest comer of a called 7.00 acre tract as described in a Deed from Odell Knight to D&T Pipe Supply,Inc.,dated October 21, 1983 and recorded in Volume 420,Page 191,Deed Records; THENCE N81°42'30"E,with a south line of said 211.79 acre tract for a distance of 983.94 feet to the northeast corner of a called 1.00 acre tract,same being an ell corner of said 211.79 acre tract; THENCE southerly,with a west line of said 211.79 acre tract and the east line of the 1.00 acre tract,for a distance of 286.95 feet to its southeast comer, same being an ell comer of the 211.79 acre tract and also being the northwest comer of a called 8.151 acre tract as described in a Deed from Cinco Partnership LTD to Norman S.Rash,dated August 27, 1987 and recorded in Volume 053,Page 318;Official Records; THENCE N85°51'50"E,with the most southerly south line of the 211.79 acre tract for a distance of 1864.65 feet to the northeast corner of a called 10.76 acre tract described in a Deed from Lois K. Lively, et al to J. L. Cole, et al, dated July 13, 1983 and recorded in Volume 415,Page 30,Deed Records,same being the southeast comer of said 211.79 acre tract and being in the west line of a called 79.40 acre tract described as "Tract 2" as per B.O.T: HYPONEX SUBDIVISION,dated December 21, 1987 and recorded in Volume 2,Page 48 of the Plat Records of Walker County,Texas; THENCE N00'26'00"W,with an east line of said 211.79 acre tract and the west line of said 79.40 acre tract, for a distance of 1387.75 feet to its northwest comer, same being a southwest comer of a called 122.6 acre.tract described as the"Fourth Tract" of the"THIRD GROUP"in a Deed to Mary A.Smither recorded in Volume 110,Page 102,Deed Records; THENCE N89'43'00"E,with the north line of said 79.45 acre tract and a south line of said 122.6 acre tract,at 1446.50 feet pass the northwest comer of said 79.40 acre tract,same being a southwest corner of said 122.6 acre tract,said comer being in the southwest right-of- way line of I.H.45,continuing across I.H.45 to a point on the northeast right-of-way line of I.H.45; 00046 THENCE Southeasterly with the northeast right-of-way line of I.H.45 to a point for the west corner of a called 10.62 acre tract as described in a Deed from Huntsville Industrial Foundation,Inc. to Master Chemical Corporation, dated February 28, 1975 and recorded in Volume 276,Page 554,Deed Records; THENCE S89°54'06"W,with the north line of said 10.67 acre tract, for a distance of 1536.68 feet to the northeast corner of a called 10.78 acre tract described in a Deed from Huntsville Industrial Foundation,Inc.to The Heil Co.,dated November 7, 1973 and recorded in Volume 262,Page 121,Deed Records,same being in the east line of said CRABB SURVEY and the west line of said BIRDSELL LEAGUE; THENCE S00'20'07"E,with the common line of the CRABB SURVEY and BIRDSELL LEAGUE,for a distance of 481.86 feet to a point for the northwest comer of a called 3.0 acre tract described in a Deed from Anthony Branch to Anthony Branch,Jr.,dated October 24,1972 and recorded in Volume 250,Page 404,Deed Records; THENCE Easterly with the south right-of-way line of said Moffett Springs Road to a point at the intersection of the existing city limits line dated March 14, 1969 and recorded in Volume 219,Page 627,Deed Records,said point being in a west line of City Airport property; THENCE Southerly with the existing city limits line and extended to a point 1200 feet from and at right angle to I.H.45,said point being the north corner of said Ordinance No.81-4 known as Area"T2"; - THENCE Southerly with the common line of said existing city limit line and said Thomason 38.32 acre tract to the PLACE OF BEGINNING. 0004 PROPOSED ANNEXATION 1994 HIGHWAY 247/980 PRELIMINARY Ouo47 HIGHWAY 247/980 LOCATION: North Central Huntsville TOTAL AREA: 687 acres. LAND USE: One-half of the area is undeveloped. The remaining one-half contains sprawl developments. There are mobile homes within the area and approximately 130 single family dwelling units and one commercial establishment exists. POPULATION: The population is estimated to be 313 persons residing within the subject areas. The income diversity is mixed,however,it favors low to middle income and non-minority persons. - STREETS: 3.2 miles of street. 1.7 miles is FM 980 and FM 247. The remaining 1.5 miles is non-curb asphalt. EXISTING UTILITIES: Municipal water is available to the intersection of FM 247 and FM 980.- Pine 80:Pine Prairie water is available to a part of the area. The closest available sewer is the City's main trunk line along Parker Creek. 00046 I S 0 �- 1 IW I L;EY PAR A.. - 3 \v „) -. np la.o j{ ''�E5 nv3n Frio 9A b] 1L. 300 k, c lu 1i.0 , OC ZC . YIp� c C EwiL E� ,a f�kl a °Ew°i x r 1 WILE PARKER ? S ` o _tI�ON FARM WTNNE STATE m PRISON FARM / GENERAL CHARACTERIMCS AREA TO BE ANNEXED: HIGHWAY 747/980 ACREAGE PRIVATE 650 PUBLIC 37 TOTAL 687 NUMBER OF DWELLING UNITS: 136 NUMBER OF COMMERCIAIJ INDUSTRIAL UNITS: 3 ESTIMATED POPULATION: 313 LOCATION MAP Revla:d Ium 25,1994 00049 F.M.247/980 (July 25,1994-Final) Beginning at the intersection of the south right-of-way line of Jenkins Road and the west right-of-way line of F.M. 247, same being a corner of the existing city limits line as per Ordinance No. 84-29 dated November 13, 1984, said comer being the northeast corner of a called 8.32 acre tract known as April Point Mobile Home Park and described in a Deed from Thomas L.Rose to April Point,Ltd.,dated July 31, 1987 and recorded in Volume 051,Page 331,Official Records of Walker County,Texas; THENCE Westerly,with the south right-of-way line of said Jenkins Road and the north line of said 8.32 acre tract,same being with the existing city limits line to a northwest corner of said 8.32 acre tract; THENCE Southerly and westerly with said existing city limits line to a point in the center of Parker Creek,said point being at the southeast comer of a called 9.28 acre tract in a Deed to Clara Price recorded in Volume 272,Page 418; THENCE Westerly with the existing city limits line and the meanders of said Parker Creek to a point on the north line of a called 19.92 acre tract described in a Deed from W.R. Coffey,Trustee to Frank J.Robinson,dated June 13,1991 and recorded in Volume 0145,Page 178,Official Records, same being the most southern southwest corner of a tract or parcel of land in a Deed to Frank Robinson recorded in Volume 286, Page 443, Deed Records, said comer being in the east line of a called 4.065 acre tract described as Tract 2 in a Deed from Paul D.Ruffin to Frank Robinson,dated January 4, 1985 and recorded in Volume 440,Page 582,Deed Records; THENCE Southerly continuing with the existing city limits line and a west line of a Robinson 122 acre tract to an ell corner of said Robinson tract,same being in the north line of a called 33.57 acre tract described in a Deed from Resolution Trust Corporation to F.ds West, Inc.,dated August 29, 1991 and recorded in Volume 0151,Page 216,Official Records; THENCE Westerly continuing with the existing city limits line to the northwest comer of a called 50.6 acre tract described in a Deed form John H.Rizzo to Joe Ferro,dated January 10, 1968 and recorded in Volume 210,Page 710,Deed Records, same being in the west line of the WILEY PARIMR SURVEY,Abstract No.37 and in the east line of the W.BIRDSELL LEAGUE,Abstract No.6; THENCE Northerly continuing with the existing city limits line and the common lines of the PARKER and BIRDSELL SURVEYS to the northwest corner of a called 20 acre tract described in a Deed from Frank J.Robinson,Sr.to Frank J.Robinson,Jr.,dated July 13,1984 and recorded in Volume 432,Page 402,Deed Records; THENCE Easterly with the north line of said 20 acre tract pass its northeast comer and continuing easterly across a called 4.065 acre Robinson tract to a point on its east line; 00030 THENCE Northerly with said Robinson tracts to a point for the northeast corner of a called 40.36 acre tract described in a Deed from Bertha G.Jamison,et al to Frank J.Robinson, dated September 7,1990 and recorded in Volume 0128,Page 185,Official Records,said corner being the northwest corner of a called 10.58 acre tract described in a Contract of Sale from Veterans Land Board to Curtis W. Gideon,dated November 9, 1987 and recorded in Volume 058,Page 805,Official Records; THENCE Easterly with the north line of said 10.58 acre tract to a point on its north line, said point being the southwest corner of a called 10.50 acre tract described in a Deed from Harold E.McAdams to John C.McAdams,dated June 3, 1992 and recorded in Volume 0169, Page 513,Official Records and also being in the east line of a called 18 acre tract described in a Deed to Lynn Reynolds; THENCE Northerly with the east line of said 18 acre tract to its northeast corner and the northwest comer of the O'Bannon Addition as per plat recorded in Volume 1,Page 38,Plat Records of Walker County,Texas; THENCE Easterly with the north line of said O'Bannon Addition and the north right-of- way line of Pine Hollow Dr., pass the northeast corner of said Addition, same being in the southwest right-of-way line of F.M.247,continuing easterly across F.M.247 to a point in the northeast right-of-way line of F.M.247; THENCE Northerly with the northeast right-of-way line of F.M.247 to a point for the northwest comer of a called 1.5 acre tact described in a Deed from Willie May Shotwell to Wilson T. Shotwell, dated April 19, 1979 and recorded in Volume 336, Page 733, Deed Records; THENCE Easterly with the north line of said 1.5 acre tract pass its northeast comer, same being a northwest comer of a called 16 acre tract as described in a Deed from Susie Coburn,et al to Willie May Shotwell,dated December 22, 1948 and recorded in Volume 130, Page 435,Deed Records,continuing with the north line of said 16 acre tract pass a southwest corner of a called 15 acre tract described in a Deed from Bertha Smith Laskie to George E. Hays,dated October 15, 1986 and recorded in Volume 027,Page 210,Official Records, said corner being at the southwest comer of Duke Road, continuing with the north line of said Shotwell tract and the south right-of-way line of Duke Road to the northeast comer of said Shotwell tract and being the northwest comer of a called 7.5 acre tract described in a Deed from Ruby L.Aven,et al to Oliver E.Smith,dated August 14, 1971 and recorded in Volume 238, Page 262,Deed Records, said point being.in the northwest right-0f-way line of F.M.980; THENCE Northeasterly,with the northwest right-of-way line of F.M.980 to a point of intersection if the south line of Pinecrest Acres Section I was extended west would intersect the northwest right-of-way line of F.M.980; THENCE Southeasterly, across F.M. 980 along the extended south line of Pinecrest Acres Section I to the northeast comer of Creekview Subdivision as per plat recorded in Volume 1,Page 44,Plat Records and being in the center of Parker Creek; ODU5A THENCE Southwesterly with the meanders of said Parker Creek to the northeast corner of a called 80-1/2 acre tract described in a Deed from Nola Westmoreland Wilson, et al to Logan Wilson,et al,dated June 16,1948 and recorded in Volume 122,Page 282,Deed Records and as per Deed recorded in Volume 260,Page 110,dated September 14,1973 and another deed recorded in Volume 355,Page 659; THENCE Southerly continuing with the east lines of said 80-1/2 acre tract to its southeast comer,same being the northeast comer of a called 5.65 acre tract as described in a Deed from Lois A.Russell,et al to R.Karl Mahaffey,dated May 10, 1978 and recorded in Volume 319, Page 511,Deed Records, continuing with the east line of said 5.65 acre tract to its southeast comer; THENCE Southerly and being 1000 feet east of and parallel to the east right-of-way line of F.M.247 to the intersection with the north line of another existing city limits line dated May 8, 1973; THENCE Westerly with said existing city limits line and across F.M.247 to the existing city limits line on the west right-of-way line of F.M.247; THENCE Northerly with the existing city limits line and the west right-of-way line of F.M.247 to the PLACE OF BEGINNING. 00052 PROPOSED ANNEXATION 1994 HIGHWAY 30 (EAST) PRELIMINARY HIGHWAY 30(EAST) LOCATION: Northeast side of the City of Huntsville,adjacent to Highway 19. TOTAL AREA: 231 acres. LAND USE: The area is primarily single family residential with 38 dwelling units. There are approximately four(4)commercial establishments located within the area. POPULATION: The area contains approximately 84 non-minority middle income residents STREETS: Approximately 1.60 miles of streets are located within the area;one mile of which is state highway. The remaining 0.60 mile is unpaved. EXISTING UTILITIES: This subject area is served by individual sewage disposal systems. Municipal water is available to some sections of the area, however, the two inch water line provides inadequate water for the people who receive water. 0ouY7 233�592�- ~� 300 n .—. Al Z3083a'A8.03 { / :82A31; 100:0 O, �� \`•Ti.T.Mati4a11 Mme/ ` `�' ,� `• T , 4_ ( J % 4 77'! "53 t 1 :74 .U.S.A. 827137 22h 5 til U2.33 ,- �' a 30.74 _CUrtS 9_- Neff H Ilme L�LiQle et uc Ao z�6p z4.an : 1 o " GENERAL CHARACTERISTICS AREA TO BE ANNEXED: HIGHWAY 30(EAS1) ALLEN/ANDERS ACREAGE PRIVATE 102 PUBLIC 129 TOTAL 231 NUMBER OF DWELLING UNITS: 38 NUMBER OF COMMERCIAL/ INDUSTRIAL UNITS: 3 ESTIMATED POPULATION: 94 LOCATION MAP OUO65 S.H.30 EAST (July 21,1994-Final) BEGINNING at a point where the east line of the FOSTER BOBO SURVEY,Abstract No.74 intersects the north right-of-way line of F.M. 2821 (Fish Hatchery Road), said point being the southeast corner of a called 100 acre U.S.A.Forest Service Tract No.J-3 as per Deed recorded in Volume 82,Page 131,Deed Records; THENCE Westerly,with the south line of said 100 acre tract and the north right-of-way line of said F.M.2821,to a corner of said 100 acre tact,same being the existing city limits line as per Ordinance No. 84-32, dated November 13, 1984 and being the southeast corner of a called 2.00 acre tract as described in a Deed from Jack H.Lunsford to Karl Davidson, dated December 30,1985 and recorded in Volume 001,Page 773,Official Records of Walker County, Texas; THENCE Northerly with the existing city limits line and a west line of the 100 acre tract, same being the east line of said 2.00 acre tract,approximately 415.8 feet to a comer of the 100 acre tract,same being the northeast corner of said 2.00 acre tract; THENCE Westerly,along the south line of the 100 acre tract to its southwest corner and also being the southeast corner of a called 1.99 acre tract as described in a Deed from Bobby E.Bacon to Edward L.Peikert and recorded in Volume 368,Page 248,Deed Records, same being an angle corner of a called 3.746 acre tract as described in a Deed from Thomas F. Cloud,III to Marion Muehe,dated January 9, 1991 and recorded in Volume 0135,Page 484, Official Records of Walker County,Texas; THENCE Southwesterly, along said existing city limits line, to an angle point in the north line of a called 5.0 acre tract as described in a Deed to R.Ballard,et al, same being an angle comer of a called 9.62 acre tract as described in a Deed from Edward Daehlin to Charles P.Murphy,dated June 2, 1986 and recorded in Volume 014,Page 771,Official Records; THENCE Southwesterly,continuing with said existing city limits line to an ell corner of said existing city limits line, same being the southeast comer of a called 3.4 acre tract as described in a Deed from Everett D. Wilson to O. F. Shipp, dated December 24, 1968 and recorded in Volume 218,Page 178,Deed Records and the northeast comer of a called 1.685 acre tract described in a Deed from Donald D. Campbell to Marilyn L.Campbell,dated June 3, 1980 and recorded in Volume 360, Page 67, Deed Records, said comer being an upper northeast comer of another city limits line dated May 8, 1973; THENCE Westerly,continuing with said existing city limits line dated May 8,1973 and the south line of said Shipp tract to its southwest corner in the southeast right-of-way line of S. H.30,said comer being the northwest corner of a called 0.63 of an acre of land as described in a Deed from J.A.McMichen to Dewey L.Allbritton,dated April 20, 1984 and recorded in Volume 429,Page 779,Deed Records; 001)56 THENCE Northeasterly along said existing city limits line and the southeast right-of-way line of S.H. 30 to its intersection with the south right-of-way line of Allen Road, said intersection being the northwest corner of a called 0.14 of an acre tract to L. G.West; THENCE Westerly, continuing with said existing city limits line across S.H. 30 and through McAdams Subdivision,an unrecorded subdivision,to an angle comer of said city limits line,said corner being the upper southwest corner of a called 5.89 acre tract as described in a Deed from Martha McAdams to Douglas Bertling,dated September 8, 1982 and recorded in Volume 401, Page 587, Deed Records, same being in the west line of the SOLOMON RUMFIELD SURVEY,Abstract No.471 and the east line of the WILEY PARKER SURVEY, Abstract No.37; THENCE Northwesterly,continuing with said existing city limits line and crossing over Loop 405 to a point on the northwest right-of-way line of said Loop 405; THENCE Northeasterly along the northwest right-of-way line of said Loop 405 and crossing through the RUMFIELD SURVEY to Highway Station No. 133+80 as per Loop 405 Engineering Plans; THENCE S75'38'E, across said Loop 405 to Highway Station No. 134+41.0, said station being in the southeast right-of-way line of said Loop 405; THENCE Southwesterly with the southeast right-0f-way line of Loop 405 and S.H.30 to its intersection with the north line of a called 3.81 acre tract as described in a Deed from the Huntsville National Bank to Ibrye L.Hicks,dated August 7,1978 and recorded in Volume 324, Page 67,Deed Records; THENCE Easterly with the north line of said 3.81 acre tract to its northeast comer; THENCE Southerly,with the east line of said 3.81 acre tract to its southeast comer,said corner being in the south line of the PARKER SURVEY and the north line of the BOBO SURVEY,same being the northeast comer of a tract or parcel of land as described in a Deed from Sterling Hudspeth to Gene Jackson,dated June 23, 1965 and recorded in Volume 193, Page 446,Deed Records; THENCE Easterly,with the common lines of the PARKER and BOBO SURVEYS,to the northeast corner of said U.S.A.Forest Service Tract,same being the northeast comer of the BOBO SURVEY and the northwest corner of the J.PARKER SURVEY,Abstract No.345; THENCE Southerly with the common boundary lines of the BOBO and J. PARKER SURVEYS,to the PLACE OF BEGINNING. 00057 PROPOSED ANNEXATION 1994 BADGER ADDITION PRELIMINARY 00058 BADGER ADDITION LOCATION: Northeast side of city, adjacent to Highway 30(formerly known as Old Highway 19). TOTAL AREA: 262 acres. LAND USE: The area contains 20 single family residential structures and one commercial facility. POPULATION: Badger (Addition) Lane has approximately 54 -non-minority, middle income residents. STREETS: There is approximately 0.75 mile of streets in the area. Two-thirds of the streets have received a layer of asphalt paying. The remaining one-third of the streets are not paved. EXISTING UTILITIES: The area is served by municipal water and sewer facilities; due to topography, some lots on the most southeastern section are unable to- connect oconnect to the existing sewer lines. � a ZZ t x y�y TH to G1 [i7 �'Q'Fp'p �'.` - :.. i • '. �. 'ti./ y�y �Sfp.'', ....COOP" i ,��i�\.• i`I I � `•.I,_ _. �n � ��A 3 � Ton '�*;•.i�S Mg� i"�. F _ ° ..o 4 r ° ^� - ' YnrC K.N� s �Y� pq�,�7� t � \� S�`1 � •p.,.�� b�' oE p..�L1DM: obi' o Vis. M44`"a,m7�° —� \•;+.y � A. OH SON - `��„•„ 1 ` 1 �L. "'•JESS PJi�R�R �� ism'ne� Y,'n�e.i•a° .� \x0%k ,BE SON'RESMNOOVER, +• Ath ro - C C CtiJ uOuG BADGER LANE (July 21,1994-Final) BEGINNING at the northwest corner of the JAMES STRANGE SURVEY,Abstract No. 530,same being in the south line of the FOSTER BOBO SURVEY,Abstract No.74 and being also the northeast corner of a called 4.158 acre tract as described in a Deed from J.E.Badger to Curtis Ellisor, dated February 22, 1966 and recorded in Volume 198, Page 545, Deed Records of Walker County, Texas, said corner being also the northwest corner of the E. Al Johnson Subdivision as per plat recorded in 108,Page 118,Deed Records; THENCE Southerly with the east line of the T.P.MCMILLIAN SURVEY,Abstract No. 388 and the STRANGE SURVEY to a point at the southeast corner of a called 4.89 acre tract as described in a Deed from Curtis Ellisor to John H. McCoy, dated August 19, 1970 and recorded in Volume 229, Page 646, Deed Records and a lower southeast comer of an unrecorded subdivision known as the"Badger Addition"; THENCE S88°47'W, with the south line of said Badger Addition to a point at the intersection of the existing city limits line dated May 8, 1973; THENCE Northeasterly with the existing city limits line across said Badger Addition to an ell comer of said city limits line and being in the north line of said Badger Addition and also being in the south line of the Hill N'Dale Subdivision as per plat recorded in Volume 174,Page 618,Deed Records; THENCE Easterly continuing with the existing city limits line and with the common lines . of said Badger Addition and said Hill N'Dale Subdivision to its southeast corner, same being the upper northeast comer of said Badger Addition,and being the northeast comer of a called 0.38 acre tract as described in a Deed from J.Curtis Ellisor to George Grock,dated November 13, 1990 and recorded in Volume 0132,Page 448,Official Records of Walker County,Texas and being in the west line of a called 224 acre U.S.A.Forest Tract described as Tract J12a and recorded in Volume 82,Page 131,Deed Records and being also in the west line of the BOBO SURVEY and an east line of said McMILLIAN SURVEY; THENCE Northerly continuing with the existing city limits line and with the common lines of the McMILLIAN and BOBO SURVEYS,same being the east line of the Hill N'Dale Subdivision and the west line of said 224 acre tract,to its northwest corner and being an angle comer of said existing city limits line and being the lower southwest corner of another city limits line as per Ordinance No. 84-32 dated November 13, 1984; THENCE Northeasterly with the existing city limits line as per Ordinance No.84-32 and the north line of the 224 acre tract to its northeast comer,said comer being in the east line of said BOBO SURVEY and the west line of the J.PARKER SURVEY,'Abstract No.345; THENCE Southerly with the east line of the BOBO SURVEY and the west lines of the J.PARKER and W.A.COOK SURVEY,Abstract No. 108 to the southeast corner of the 224 acre tract and an ell corner of the COOK SURVEY, same being the southeast comer of the 0006 BOBO SURVEY; THENCE Westerly with the common lines of the BOBO, COOK and STRANGE SURVEYS and the south line of the 224 acre tract to the PLACE OF BEGINNING; OU1.162 PROPOSED ANNEXATION 1994 JOHNSON ROAD PRELIMINARY UUi)63 JOHNSON ROAD LOCATION: East side of city adjacent to Highway 19 NE. TOTAL AREA: 275 acres. LAND USE: The general area is primarily residential with 37 dwelling units. Also, there are several agricultural tracts within the area. POPULATION: The area contains approximately 121 black (minority), low income residents. STREETS: Approximately 1.7 miles of streets are to be found in the area. Approximately two-thirds of these streets are non-curb asphalt,the rest are unpaved.- EXISTING UTILITIES: Very limited municipal facilities are available to the area. Water may be obtained through extension of a 6"transmission line running diagonally through the area to Fish hatchery Road. A few short extensions have been made off this line;but for the most part,residents use individual wells. Due to topographic problems and the distance to any sewerage facilities _ (Old Colony Road and Highway 19), all sewage disposal in the area is handled individually. qq�� roroG] p ro ti C7 n9 v �o9s w°y^� iV „'' �tl•'�rj'�'6 w`R'e4t' '.,I e y..1'" � I/ THO o —2�0 S g I� !i. , �' ti � 1 \pROpOS�b coop 4 � C fall r, .y. A.Gr GOH4SONj 0 , W A.COOK -9, p A-zze. 333'S I 'f N z A-104a D 2 '�' �o I �Ilui axuae '•.aPorL•BE SON RESINNOOVER ODU6.� JOHNSON ROAD (July 2l,1994-Final) BEGINNING at the northwest corner of the JAMES STRANGE SURVEY,Abstract No. 530,same being in the south line of the FOSTER BOBO SURVEY,Abstract No.74 and being also the northeast comer of a called 4.158 acre tract as described in a Deed from J.E.Badger to Curtis Ellisor, dated February 22, 1966 and recorded in Volume 198, Page 545, Deed Records of Walker County,Texas, said comer being also the northwest corner of the E. Al Johnson Subdivision as per plat recorded in 108,Page 118,Deed Records; THENCE Easterly with the common lines of the BOBO and STRANGE SURVEYS, same being the north aline of the E. Al Johnson Subdivision to the northeast corner of said subdivision, same being the northwest corner of a called 24.877 acre tract as described in a Deed to Perry L.Little recorded in Volume 208,Page 473,Deed Records; THENCE Southerly with the west line of said subdivision and the east line of said Little tract to a comer in the center of Tan Yard Creek,same being the southwest comer of said Little tract and the most southeasterly corner of said subdivision; THENCE Southwesterly with the meanders of said Tan Yard Creek crossing through the STRANGE SURVEY, H. L. HUNTER SURVEY, Abstract No. 248 and the H. GRAY SURVEY,Abstract No.212 to the intersection of the existing city limits line as per Ordinance No. 81-02 dated January 31, 1981; THENCE Northerly with the existing city limits line across the GRAY, HUNTER and T. P. McMILLIAN SURVEY, Abstract No. 388, to a point on the south line of the Badger Addition,an unrecorded subdivision; THENCE Easterly with the south line of said Badger Addition to its southeast corner, same being the southeast corner of a called 4.89 acre tract as described in a Deed from Curtis Ellisor to John H.McCoy,dated August 19,1970 and recorded in Volume 229,Page 646,Deed Records, same being in the west line of the McMILLIAN SURVEY, and east line of the STRANGE SURVEY; THENCE Northerly with the common lines of the McMILLIAN and STRANGE SURVEYS to the PLACE OF BEGINNING. OJJ66 PROPOSED ANNEXATION 1994 HIGHWAY 190/GENEVA ROAD PRELIMINARY nimR7 HIGHWAY 190/GENEVA ROAD LOCATION: Fast of Highway 19 and north of Highway 190. TOTAL AREA: 401 acres. LAND USE: The area is primarily residential, with 84 dwelling units and several agricultural tracts. There are two(2)industries within the area. POPULATION: The majority of the residents are black and low-income. STREETS: There are 2.7 miles of streets in this area which includes 0.7 miles of Highway 190 East. The majority of the streets within the subject areas are paved with exception of Wanza Road, Rigsby Street and parts of Geneva(1/8 of a mile)which are rock surfaced. E%ISMG UTILITIES: Municipal water is available to a small portion of this area. There is no sewer available. IJUU68 : h[ 09 G 9. , fR. usi djGR iz GENERAL CHARACTERISTICS AREA TO BE ANNEXED: HWY 190/GENEVA RD. ACREAGE PRIVATE 386 PUBLIC 15 TOTAL 401 NUMBER OF DWELLING UNITS: 84 NUMBER OF COMMERCIAL/ INDUSTRIAL UNITS: 3 ESTIMATED POPULATION: 193 LOCATION MAP UUU('9 GENEVA ROAD (July 21,1994-Final) COMMENCING FOR REFERENCE ONLY at the northwest comer of the JAMES STRANGE SURVEY,Abstract No.530,same being in the south line of the FOSTER BOBO SURVEY, Abstract No. 74 and being also the northeast corner of a called 4.158 acre tract as described in a Deed from J.E.Badger to Curtis Ellisor,dated February 22,1966 and recorded in Volume 198,Page 545,Deed Records of Walker County,Texas,said comer being also the northwest comer of the E.Al Johnson Subdivision as per plat recorded in 108,Page 118,Deed Records; THENCE Easterly with the common lines of the BOBO and STRANGE SURVEYS, same being the north line of the E. Al Johnson Subdivision to the northeast comer of said subdivision, same being the northwest comer of a called 24.877 acre tract as described in a Deed to Perry L.Little recorded in Volume 208,Page 473,Deed Records; THENCE Southerly with the west line of said subdivision and the east line of said Little tract to a corner in the center of Tan Yard Creek,same being the southwest corner of said Little tract and the most southeasterly comer of said subdivision for the POINT OF BEGINNING; THENCE Southerly across the STRANGE SURVEY pass a point for the northeast corner of E. Arthur Ross property and the northwest comer of the N. Clark property, continuing southerly with the east line of said Ross tract and the west line of said Clark tract pass the southeast corner of said Ross tract,same being in the southwest corner of said Clark tract and being on the north right-of-way line of Old Colony Road, continuing southerly across Old Colony Road to a point on its south right-0f-way line, said point being in the north line of a called 5.8 acre tract described in a Deed to Sam Mock and being in the H. L. HUNTER SURVEY,Abstract No.248; THENCE Westerly with the south right-0f--way line of Old Colony Road to its intersection with the east right-of-way line of Geneva Road; THENCE Southerly with the east right-of-way line of Geneva Road to its intersection with the north right-of-way line of U.S. 190; THENCE Easterly with the north right-of-way line of U.S.190 to a point of intersection if the west right-of-way line of Champion Woodyard Road was extended; THENCE Southerly,across U.S. 190 and continuing with the west right-of-way line of Champion Woodyard Road to a point 500 feet perpendicular with the south of the southwest right-0f-way line of U.S. 190; THENCE Northwesterly being 500 feet south of and parallel with the south right-of-way line of U.S.190 to its intersection with the existing city limits line as per Ordinance No.81-02, dated January 31, 1981; 00070 THENCE Northerly with the existing city limits line across the H. GRAY SURVEY, Abstract No.212 to the intersection of Tan Yard Creek; THENCE in a generally northeasterly direction with the meanders of said Tan Yard Creek across the GRAY, HUNTER and STRANGE SURVEYS to the POINT OF ENDING. it RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: ORDINANCE NO.94-21 NO PARKING ZONES-AVENUE F(WEST SIDE) 7-26-94 ORDINANCE NO.94-21 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE,TEXAS,AMENDING CHAPTER 12,MOTOR VEHICLES AND TRAFFIC, OF ITS CODE OF ORDINANCES BY ESTABLISHING NO PARKING ZONES ON THE WEST SIDE OF AVENUE F FROM 11TH STREET TO 148 FEET SOUTH OF 11TH STREET; PROVIDING A PENALTY OF UP TO $500 A DAY FOR CERTAIN VIOLATIONS; MAKING OTHER FINDINGS AND PROVISIONS RELATED THERETO; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE,TEXAS, THAT: Section 1: The following described curb zones and areas are designated as no parking zones: Street Name Side of Street Limits Tyne Avenue F West From 11th Street to 148 feet south No Parking at Any Time of lith Street Section 2: Schedule III,No Parking Zones,of Chapter 12,Motor Vehicles and Traffic,of the Code of Ordinances of the City of Huntsville, Texas, shall be revised to reflect the amendments made by this ordinance. Section 3: The City Manager is authorized and directed to cause the posting of proper signs along the above described streets and parking zones. Section 4: It shall be unlawful for driver of a vehicle to disobey the instruction of the signs placed in accordance with the provisions of this ordinance unless at the time otherwise directed by a Police Officer. Section 5: Any person, firm or corporation violating any provision of this ordinance or failing to comply with any requirement of the ordinance will be guilty of a misdemeanor and subject to a fine of up to five hundred($500.00)dollars upon conviction. Section 6: If any section, subsection, sentence,clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect any of the remaining provisions of this ordinance. Section 7: All ordinances and parts of ordinances in conflict with the provisions of this ordinance are hereby repealed; provided,however,that such repeal shall be only to the extent of such inconsistency and in all other respects this ordinance shall be cumulative of other ordinances regulating and governing the subject matter covered by this ordinance. Section 8: This ordinance shall take effect ten (10) days after its passage by the City Council. The City Secretary shall publish the caption of this ordinance in the official City newspaper at least twice within ten(10)days of its passage. PASSED AND APPROVED THIS 26TH DAY OF JULY, 1994. THE CITY OF HUNTSVILLE .Hodges,Mayor -C� Danna Welter, City Secretary APP VED: Sc Bound ,City Attorney RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: ORDINANCE NO.94-22 CLAIM/DELIVERY CO-60"FLAIL MOWER 8-09-94 ORDINANCE NO.94-22 AN ORDINANCE APPROVING CLAIM AND DELIVERY OF A CERTIFICATE OF OBLIGATION FOR A ONE(1)NEW AND UNUSED 60" FLAIL MOWER; AND CONTAINING OTHER PROVISIONS RELATED HERETO. WHEREAS the City of Huntsville, Texas(City)found that it was advisable for the City to purchase one(1)60"flail mower and that Certificates of Obligation be issued by the City for all or any part of the cost of same;and WHEREAS the notice for the action to issue Certificates of Obligation was published at the times and in the manner required by law; and WHEREAS the City awarded a contract to Watson Distribution(Houston)in the amount of $11,480 as the lowest and best bid for the purchase of the flail mower; and WHEREAS the City Council wishes to authorize payment thereof and delivery of a Certificate of Obligation. THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE,TEXAS,that: SECTION 1: There is now due and owing to Watson Distribution (Houston) in the sum of $11,480. SECTION 2: The Certificate of Obligation herein authorized to be delivered shall bear interest at the rate of 5.49% per annum from date of initial delivery shown on the face of such certificate. SECTION 3: There shall be executed and delivered to Watson Distribution(Houston)a City of Huntsville, Texas, Equipment Acquisition Certificate of Obligation, dated August 10, 1994. SECTION 4: The Mayor, City Secretary and other appropriate City officials are hereby authorized and directed to deliver the Certificate and to do any and all things necessary or convenient to carry out the terms of this ordinance. INTRODUCED,READ AND PASSED by the unanimous vote of the City Council of the City of Huntsville, on this the 9th day of August, 1994. CITY OF HUNTSVILLE,TEXAS W. H.Hodges,May ATTEST: Danna Welter, City Secretary APPROVED: S ott Boun s, City Attorney Dated: July 26, 1994 Amount: $11,480 Issued:August 10, 1994 Register No.94-05 UNITED STATES OF AMERICA COUNTY OF WALKER STATE OF TEXAS CITY OF HUNTSVILLE,TEXAS,EQUIPMENT ACQUISITION CERTIFICATE OF OBLIGATION The City of Huntsville,a Municipal Corporation of the State of Texas,acknowledges itself indebted to and FOR VALUE RECEIVED hereby promises to pay to the registered owner hereof in installments and on the dates as below indicated the total sum of Eleven Thousand Four Hundred Eighty And No/100 Dollars ($11,480)in lawful money of the United States of America,with interest thereon from date of issue until paid at the rate of 5.49% per cent per annum, payable on August 10, 1995, and annually thereafter on the 10th day of August of each and every year as hereinafter provided until such sum is fully paid. BOTH PRINCIPAL AND INTEREST on this Certificate of Obligation are hereby made payable in Huntsville, Walker County, Texas, without exchange or collection charges to the registered owner hereof, with such payments to be due on the dates and in the amounts as follows: DATE PRINCIPAL INTEREST TOTAL 1995 $ 2,870.00 $ 630.25 $ 3,500.25 1996 2,870.00 472.69 3,342.69 1997 2,870.00 315.13 3,185.13 1998 2.870.00 157.56 3.027.56 TOTAL $ 11,480.00 $ 1,575.63 $ 13,055.63 The City reserves the right to prepay all or any part of this Certificate at any time prior to the due date or maturity thereof without premium or penalty of any kind. It is hereby certified and recited that all acts, conditions and things required to be done precedent to and in the issuance of this Certificate of Obligation,to render the same lawful and valid have been properly done,have happened and have been performed in regular and due time, form and manner as required by law;that due and proper provision has been made for the levy of a direct and continuing annual ad valorem tax against all taxable property within the said City sufficient to pay the interest on this Certificate of Obligation as due and to provide for the payment of each installment of principal as same matures;that the City has received full value and consideration for this Certificate of Obligation and that the total indebtedness of the City of Huntsville, including this Certificate of Obligation, does not exceed any constitutional or statutory limitation. This Certificate shall be registered as to principal and ititerest in the owner's name upon books of the City to be kept for that purpose at the office of the Finance Director of the City, the registrar, such registration to be noted hereon. After such registration, no transfer of this Certificate shall be valid unless made on the City's books at the request of the registered owner hereof, or his duly authorized agent, and similarly noted hereon. IN TESTIMONY WHEREOF the City Council has caused the seal of said City to be impressed hereon and this Certificate of Obligation to be signed by the Mayor and attested to by the City Secretary, the date of this Certificate of Obligation being the 10th day of August, 1994. DATE OF INITIAL DELIVERY OF THIS CERTIFICATE: W. H. Hodges,My ATTEST: ansa Welter,City Secretary ASSIGNMENT AND TRANSFER Full consideration therefor being hereby acknowledged, this Certificate of Obligation was delivered to Watson Distribution (Houston), the original holder, on this the L day of 00.4 ,hA y`- , 1994, and by it hereby assigned and transferred to C. M. Brown. WATSON DISTRIBUTION :(HOUSTON) CERTIFICATE OF REGISTRATION IT IS HEREBY CERTIFIED that I have this day registered this Certificate as to principal in the name of the holder as indicated in the registration blank below,on the books kept by me for such purpose. The principal of and interest on this Certificate shall be payable only to the registered holder named in the below registration blanks. Signature Name of Date of Finance Director Registered Holder Registration (Registrar) C. M. Brown City of Huntsville Department of Law Scott Bounds,Attorney Huntsville,Texas 77340 1212 Avenue M (409)291-5400 FAX 291-5409 August 23, 1994 C. M. Brown 1110 Northpine Drive Conroe, Texas 77301 RE: Certificate of Obligation issued by the City of Huntsville in the amount of$11,480 Dear Mr. Brown: This is to certify that I have examined an Equipment Acquisition Certificate of Obligation to be issued by the City of Huntsville,Texas,in the amount of$11,480, bearing interest at a rate therein specified and payable as provided in the Certificate. This Certificate of Obligation is issued pursuant to the terms of Texas Local Government Code,Chapter 271,and is for the purpose of financing the acquisition of a 60" flail mower. This Certificate was authorized by ordinance dated August 9, 1994,which ordinance provides for the levying of a continuing direct annual ad valorem tax on all taxable property within the limits of the City of Huntsville, Texas,to pay the interest on such Certificate of Obligation and to create a sinking fund for redemption of the principal amount. The Ordinance also provides for the assessment and collection of such taxes and these provisions meet the requirements of the Statute and Article M, Sections 5 and 7 of the Constitution of the State of Texas. At the time advertisement for bids was made concerning the equipment to be purchased, a provision was made indicating that the successful bidder needed to elect if the successful bidder would accept the Certificate of Obligation or endorse same over in accordance with arrangements made by the City of Huntsville,Texas. In this connection,the successful bidder elected to endorse these obligations to C. M. Brown. C. M. Brown August 23, 1994 Page 2 Based upon the above,it is my opinion that this Certificate of Obligation is a legal, valid and binding obligation of the City of Huntsville,Texas, and the interest and principal due thereon is payable in accordance with the Certificate of Obligation from the budgeted funds of the City of Huntsville. The City's issuance,execution and delivery of the Certificate is not subject to any authorization,consent or review of any government body, public officers or regulatory authority not heretofore obtained. The interest on the Certificate of Obligation is(1)excludable from gross income for federal income tax purposes under Section 103(a) of the Internal Revenue Code of 1986, as amended, and existing regulations, rulings, and court decisions, and (2) does not constitute an individual or corporate alternative minimum tax preference item. Interest paid on tax-exempt obligations may, however, affect the alternative minimum taxable income of certain corporations. The accrual or receipt of such interest could therefore affect the federal income tax liability of the recipient, depending upon the recipient's particular tax status and other factors. RIsectfully submitted, Scott Bounds City Attorney SB/dlw Dated: July 26, 1994 Amount: $11,480 Issued:August 10, 1994 Register No.94-05 UNITED STATES OF AMERICA COUNTY OF WALKER STATE OF TEXAS CITY OF HUNTSVILLE,TEXAS,EQUIPMENT ACQUISITION CERTIFICATE OF OBLIGATION The City of Huntsville,a Municipal Corporation of the State of Texas,acknowledges itself indebted to and FOR VALUE RECEIVED hereby promises to pay to the registered owner hereof in installments and on the dates as below indicated the total sum of Eleven Thousand Four Hundred Eighty And No/100 Dollars ($11,480)in lawful money of the United States of America,with interest thereon from date of issue until paid at the rate of 5.49% per cent per annum, payable on August 10, 1995, and annually thereafter on the 10th day of August of each and every year as hereinafter provided until such sum is fully paid. BOTH PRINCIPAL AND INTEREST on this Certificate of Obligation are hereby made payable in Huntsville, Walker County, Texas, without exchange or collection charges to the registered owner hereof, with such payments to be due on the dates and in the amounts as follows: DATE PRINCIPAL INTEREST TOTAL 1995' $ 2,870.00 $ 630.25 $ 3,500.25 1996 2,870.00 472.69 3,342.69 1997 2,870.00 315.13 3,185.13 1998 2.870.00 157.56 3,027.56 TOTAL $ 11,480.00 $ 1,575.63 $ 13,055.63 The City reserves the right to prepay all or any part of this Certificate at any time prior to the due date or maturity thereof without premium or penalty of any kind. It is hereby certified and recited that all acts, conditions and things required to be done precedent to and in the issuance of this Certificate of Obligation,to render the same lawful and valid have been properly done,have happened and have been performed in regular and due time, form and manner as required by law;that due and proper provision has been made for the levy of a direct and continuing annual ad valorem tax against all taxable property within the said City sufficient to pay the interest on this Certificate of Obligation as due and to provide for the payment of each installment of principal as same matures; that the City has received full value and consideration for this Certificate of Obligation and that the total indebtedness of the City of Huntsville, including this Certificate of Obligation, does not exceed any constitutional or statutory limitation. i (S fThis Certificate shall be registered as principal the office of the Finance Director of he City, books of the the registrar,such registration to be noted hereon. ACity to be kept for that purpose at fter such registration, no transfer of this Certificate shall be valid unless made on the City's books at the request of the registered owner hereof,or his duly authorized agent,and similarly noted hereon. IN TESTIMONY WHEREOF the City Council has caused the seal of said City to be impressed hereon and this Certificate of Obligation to be signed by the Mayor and attested to by the City Secretary,the date of this Certificate of Obligation being the 10th day of August, 1994. DATE OF INITIAL DELIVERY OF THIS CERTIFICATE: �Hodges, ATTEST: anna Welter,City Secretary ASSIGNMENT AND TRANSFER Full consideration therefor being hereby acknowledged, this Certificate of Obligation was delivered to Watson Distribution X994,and by it hereby assigned and original holder, on transferreis the d o Cy Mf _ A — Brown. WATSON DISTRIBUTION (HOUSTON) y CERTIFICATE OF REGISTRATION IT IS HEREBY CERTIFIED that I have this day registered this Certificate as to principal in the name of the holder as indicated in the registration blank below,on the books kept by me for such purpose. The principal of and interest on this Certificate shall be payable only to the registered holder named in the below registration blanks. Signature Date of Finance Director Name of (Registrar) Registered Holder Registration �-Uq-q�_ C.M.Brown RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: ORDINANCE NO.94-23 STOP INTERSECTION(AVENUE M[FM247]AT 7TH ST.) 8-09-94 ORDINANCE NO.94-23 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, AMENDING CHAPTER 12, MOTOR VEHICLES AND TRAFFIC, OF ITS CODE OF ORDINANCES BY PROVIDING STOP SIGNS AT THE INTERSECTION ON AVENUE M (FM 247) AT 7TH STREET (4-WAY), PROVIDING A PENALTY OF UP TO $500 A DAY FOR CERTAIN VIOLATIONS; MAKING OTHER RELATED FINDINGS AND PROVISIONS RELATED THERETO; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE,TEXAS, THAT: Section 1: The following described intersections are designated as stop intersections: Intersection At Designated Avenue M 7th Street 4-Way Stop Section 2: Schedule VIII,Stop Intersections,of Chapter 12,Motor Vehicles and Traffic,of the Code of Ordinances of the City of Huntsville, Texas, shall be revised to reflect the amendments made by this ordinance. Section 3: The City Manager is authorized and directed to cause the posting of proper signs at the above described intersection. Section 4: It shall be unlawful for driver of a vehicle to disobey the instruction of the signs placed in accordance with the provisions of this ordinance unless at the time otherwise directed by a Police Officer. Section 5: Any person, firm or corporation violating any provision of this ordinance or failing to comply with any requirement of the ordinance will be guilty of a misdemeanor and subject to a fine of up to five hundred($500.00)dollars upon conviction. The violation of any provision of the ordinance or the failure to comply with any requirement of this ordinance shall each constitute a distinct and separate offense. Section 6: If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect any of the remaining provisions of this ordinance. Section 7: All ordinances and parts of ordinances in conflict with the provisions of this ordinance are hereby repealed; provided,however,that such repeal shall be only to the extent of such inconsistency and in all other respects this ordinance shall be cumulative of other ordinances regulating and governing the subject matter covered by this ordinance. Section 8: This ordinance shall take effect ten (10) days after its passage by the City Council. The City Secretary shall publish the caption of this ordinance in the official City newspaper at least twice within ten(10)days of its passage. PASSED AND APPROVED THIS 9TH DAY OF AUGUST, 1994. THE CITY OF HUNTSVILLE H. Hodges, May r ATTEST: J Danna Welter, City Secretary APPVED TO F RM: Scott Bounds, City Attorney MEMORANDUM TO: Gene Pipes, City Manager FROM: F. Boyd Wilder, Director of Public Work DATE: July 22, 1994 SUBJECT: Traffic Control; 7th Street at Avenue M(FM 247)and Highway 75 North from 11th Street to Brunch Avenue The attached letter from Gary J. Law, Area Engineer, for the Texas Department of Transportation, indicates that after further study,a four way stop sign at the intersection of Avenue M(FM 247)and 7th Street does meet the minimum warrants required for such an installation. The Texas Department of Transportation recommends that the City Council adopt the necessary ordinance for placement of this four way stop sign. After this is completed, the state will install and maintain the stop signs. The other subject addressed in the letter is the speed limit on Highway 75 North from 11th Street to Brunch Avenue. As in a previous letter dated January 13, 1994, from the Texas Department of Transportation, an increased presence of law enforcement is the recommended method of correcting the excessive speed problem. All past correspondence in this matter is attached. If you need additional information, please let me know. Attachments FBW/ch pc: Johnny Poteete,Asst. Director Operational Services otYBounds, City Attorney 0010 City of Huntsville "TO BUILD AND SERVE A BETTER COMMUNITY" HUNTSVILLE,TEXAS 77340 1212 AVE.M (409)295-6471 September 14, 1993 Allen Pritchard Resident Engineer Texas Department of Highways and Public Transportation P.O.Box 1230 Huntsville,TX 77340 Dear Allen: At a recent City Council meeting,a request was made for our staff to ask the T.D.H.P.T. for permission to make Avenue M(FM 247)and 7th Street a 4-way stop intersection. It was also asked that we request that the speed limit on 75 North from 11th Street to Brunch be reduced to 35 MPH. We would appreciate your attention in this matter. If you need any additional information, please contact me. Sincerely, CA- F.Bot der Director of Public Works 4 ' BW;ch PC: Johnny Poteete, Asst. Director Operational Services Glenn Isbell, City Engineer File MEMORANDUM January 20, 1994 TO: Gene Pipes, City Manager FROM: F. Boyd Wilder, Director of Public Worl s� SUBJECT: Traffic Control; 7th Street at Avenue M and Highway 75 North From 11th Street to Brunch Avenue At your request, in September of 1993, 1 wrote a letter to the Texas Department of Transportation requesting their assistance in two traffic related problem areas. These two areas are;the intersection of 7th Street at Avenue M and Highway 75 North between 1 lth Street and Brunch Avenue. The 7th Street and Avenue M request was for the placement of a four way stop sign while the Highway 75 North request was for a reduction in the speed limit. The attached letter from the Texas Department of Transportation indicates that they have conducted surveys in both of these areas and have denied both request. If you need me to follow up on this in any manner or if you need additional information, please let me know. FBW:tkt Attachment PC: Johnny Poteete, Asst. Director Operational Services Glenn Isbell, City Engineer IZ Texas Department of Transportation P.O.BOX 3249•BRYAN,TEXAS 77805-3249•(409)778-2165 January 13,1994 Mr.F.Boyd Wilder Director of Public Works City of Huntsville 1212 Avenue M Huntsville,Texas 77340 Dear Mr.Wilder: We have completed the traffic studies requested September 14,1993 in regard to the four- way stop conditions at the intersection of FM 247 and 7th Street and a speed zone study along SH 75 between 11th Street and Brunch Avenue. A multi-way stop sign installation is a traffic control installation at which traffic conditions are subject to certain minimum requirements before the installation may be considered effective. The traffic volumes and accident experience at the intersection of FM 247 and 7th Street does not meet any of these requirements as outlined in the 1980 edition of the Manual on Uniform Traffic Control Devices for Streets and Highways. At this time,we do not recommend installing a four-way stop sign at this location. The speed zone studies along SH 75 between 11th Street and Brunch Avenue indicate that the 85 percentile speed of vehicles are travelling over the present speed limit. Lowering the limits will not aid in correcting the problem. Only adequate law enforcement of the existing speed limits will result in controlling excessive speeders. We appreciate your concern for the traffic operations on the streets and highways in your city. We will continue to monitor future traffic conditions. If we can be of further assistance, please contact Mr.Gary Law,P.E.at(409)295-3462. SiiJnnceerreely, Robert R.Odstrcil,P.E. Transportation Operations Engineer Bryan District BRV:maj An Equal Opportunity Employer Old Is sR City of Huntsville ''TO BUILD AND SERVE ABETTER COMMUNITY" HUNTSViLLE.TEXAS 77340 1212 AVE.M (409)295-6477 February 22, 1994 Gary Law,P.E Resident Engineer Texas Department of Transportation P.O.Box 1230 Huntsville,Texas 77342-1230 RE: Request for Traffic Study;City of Huntsville Dear Mr.Law, I received a letter dated January 13, 1994, from Robert R. Odstrcil, P.E., in reference to results of a traffic study the Texas Department of Transportation copducted in Huntsville. The study I make reference to is the request dated September 14,(D9 I tfrsm the city of Huntsville for the placement of a four way stop sign installation at the intersection of FM 247(Avenue M)at 7th Street and the request to reduce the speed limit on State Highway 75 North between 11th Street and Brunch Avenue. I forwarded the results of the study to our city council. Many questions were asked that I could not answer simply because I do not know what method was used in conducting the study. Also,Councilmember Luning,who is a math professor at the university,requested the"raw" data for the purpose of a student project related to a"real world" application. Would it be possible for you to send me information on how the study was conducted,over what period of time and what criteria was utilized in determining the final results? This would allow me to answer the questions I received from the city council. I would appreciate your attention to this matter. If you need additional information from me, contact me at(409) 294-5760. Sincerely, F.Boyd�er Director of Public Works pc. Gene Pipes,City Manager Glenn Isbell,City Engineer Johnny Poteete,Asst. Director Operational Services 14 AN* ® Texas Department of Transportation P.O.BOX 3249•BRYAN,TEXAS 77805-3249•(409)778-2165 Huntsville Area Office * 421 North I.H.45 * Huntsville, TX 77342 July 13, 1994 Requests for a Speed Zone Study and a 4-Way Stop Condition Study Mr. F. Boyd Wilder Director of Public Works City of Huntsville 1212 Avenue M Huntsville, Texas 77340 Dear Boyd, I have received the traffic data and recommendations for the following requested studies: The placement of a four-way stop condition at the intersection of FM 247 and Seventh Street. The reduction in the posted speed on SH 75 between US 190/SH 30 and FM 2821 in the City of Huntsville. First, the intersection of FM 247 and Seventh Street does meet the minimum warrants for a 4-Way Stop. Therefore, we do recommend that the City adopt the necessary ordinance for posting and enforcing this stop condition. When the necessary ordinance is in place, our forces will erect and maintain the stop signs affecting the traffic along FM 247. Secondly, we conducted a radar survey on SH 75 between llth Street and Brunch Avenue. The results of this survey indicates that more than 15% of the vehicles traveling this facility currently exceed the posted speed limit. .It has been the Department's experience that a reduction in the posted speed limit does not reduce the average speed of the traffic in conditions similar to this one. An increased presence of law enforcement is recommended as an appropriate method of securing traffic compliance with the posted speed limit. If you should have questions, always feel free to contact me at my office. Sincerely, �/�ary J. 'Zaw�, P.E. Area Engineer is An Equal Opportunity Employer RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: ORDINANCE 94-24 CERT.OF OBL.SERIES 1994 8-16-94 ORDINANCE NO. 94-24 i AN ORDINANCE authorizing the issuance of "CITY OF HUNTSVILLE, TEXAS, TAX AND HOTEL OCCUPANCY TAX SURPLUS REVENUE CERTIFICATES OF OBLIGATION, SERIES 1994"; providing for the payment of said certificates of obligation by the levy of an ad valorem tax upon all taxable property within the City and a pledge of a portion of the revenues received from the hotel occupancy tax levied by the City; providing the terms and conditions of such certificates and resolving other matters incident and relating to the issuance, payment, security, sale and delivery of said certificates, including the approval and execution of a Paying Agent/Registrar Agreement and a Purchase Contract and the approval and distribution of an Official Statement pertaining thereto; and providing an effective date. WHEREAS, the City Council of the City of Huntsville, Texas, has heretofore determined that certificates of obligation should be issued in the maximum principal amount of $500,000 for the purpose of paying contractual obligations to be incurred for (i) the construction of a tourist and visitor's center honoring Sam Houston and the history of the State of Texas and (ii) professional services rendered in relation to such project and the financing thereof; and WHEREAS, a "Notice of intention to Issue City of Huntsville, Texas, Certificates of Obligation" was duly published in the Huntsville item , a newspaper hereby found and determined to be of general circulation in the City of Huntsville, Texas, on July 28, , 1994 and August 4, 1994, the date of the first publication of such notice being not less than fifteen (15) days prior to the tentative date stated therein for the passage and adoption of this Ordinance; and WHEREAS, no petition protesting the issuance of such certificates of obligation and bearing valid petition signatures of at least 5% of the qualified electors of the City, has been presented to or filed with the Mayor, City Secretary or any other official of the City on or prior to the date of the passage of this ordinance; and WHEREAS, the Council hereby finds and determines that all of the certificates of obligation described in such notice should be issued and sold at this time; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS: 0188562 SECTION 1: Authorization, Designation, Principal Amount, Purpose. Certificates of obligation of the City shall be and are hereby authorized to be issued in the aggregate principal amount of $500,000, to be designated and bear the title "CITY OF HUNTSVILLE, TEXAS, TAX AND HOTEL OCCUPANCY TAX SURPLUS REVENUE CERTIFICATES OF OBLIGATION, SERIES 1994" (hereinafter referred to as the "Certificates"), for the purpose of paying contractual obligations to be incurred for (i) the construction of a tourist and visitor's center honoring Sam Houston and the history of the State of Texas and (ii) professional services rendered in relation to such project and the financing thereof, pursuant to authority conferred by and in conformity with the Constitution and laws of the State of Texas, including V.T.C.A., Local Government Code, Subchapter C of Chapter 271, as amended. SECTION 2: Fully Registered Obligations. - Authorized Denominations, - Stated Maturities, - Interest Rates. - Date. The Certificates are issuable in fully registered form only; shall be dated August 15, 1994 (the "Certificate Date") and shall be in denominations of $5,000 or any integral multiple thereof (within a Stated Maturity) and the Certificates shall become due and payable on August 15 in each of the years and in principal amounts (the "Stated Maturities") and bear interest at per annum rates in accordance with the following schedule: Year of Principal Interest Stated Maturity Amount Rate 1995 $ 35,000 4.20% 1996 40,000 4.70% 1997 45,000 5.00% 1995 45,000 5.10% 1999 50,000 5.30% 2000 50,000 5.40% 2001 55,000 5.60% 2002 55,000 5.75% 2003 60,000 5.90$ 2004 65,000 6.00% The Certificates shall bear interest on the unpaid principal amounts from the Certificate Date at the rate per annum shown above in this Section (calculated on the basis of a 360-day year of twelve 30-day months). Interest on the Certificates shall be payable on February 15 and August 15 of each year, commencing February 15, 1995. SECTION 3: Terms of Payment-Paving Agent/Registrar. The principal of, premium, if any, and the interest on the Certificates, due and payable by reason of maturity, redemption or otherwise, shall be payable only to the registered owners or holders of the Certificates (hereinafter called the "Holders") 01a8562 -2- appearing on the registration and transfer books maintained by the Paying Agent/Registrar and the payment thereof shall be in any coin or currency of the United States of America, which at the time of payment is legal tender for the payment of public and private debts, and shall be without exchange or collection charges to the Holders. The selection and appointment of U. S. Trust Company of Texas, N.A. to serve as Paying Agent/Registrar for the Certificates is hereby approved and confirmed. Books and records relating to the registration, payment, transfer and exchange of the Certificates (the "Security Register") shall at all times be kept and maintained on behalf of the City by the Paying Agent/Registrar, as provided herein and in accordance with the terms and provisions of a "Paying Agent/Registrar Agreement", substantially in the form attached hereto as Exhibit A, and such reasonable rules and regulations as the Paying Agent/Registrar and the City may prescribe. The Mayor and City Secretary are authorized to execute and deliver such Agreement in connection with the delivery of the Certificates. The City covenants to maintain and provide a Paying Agent/Registrar at all times until the Certificates are paid and discharged, and any successor Paying Agent/Registrar shall be a bank, trust company, financial institution or other entity qualified and authorized to serve in such capacity and perform the duties and services of Paying Agent/Registrar. Upon any change in the Paying Agent/Registrar for the Certificates, the City agrees to promptly cause a written notice thereof to be sent to each Holder by United States Mail, first class postage prepaid, which notice shall also give the address of the new Paying Agent/Registrar. Principal of and premium, if any, on the Certificates, shall be payable at the Stated Maturities or redemption thereof only upon presentation and surrender of the Certificates to the Paying Agent/Registrar at its designated offices in New York, New York (the "Designated Payment/Transfer Office"). Interest on the Certificates shall be paid to the Holders whose names appear in the Security Register at the close of business on the Record Date (the last business day of the month next preceding each interest payment date) and shall be paid by the Paying Agent/ Registrar (i)by check sent United States Mail, first class postage prepaid, to the address of the Holder recorded in the Security Register or (ii) by such other method, acceptable to the Paying Agent/Registrar, requested by, and at the risk and expense of, the Holder. If the date for the payment of the principal of or interest on the Certificates shall be a Saturday, Sunday, a legal holiday, or a day when banking institutions in the City where the Paying Agent/Registrar is located are authorized by law or executive order to close, then the date for such payment shall be the next succeeding day which is not such a Saturday, Sunday, legal holiday, or day when banking institutions are authorized to 0188562 -3- close; and payment on such date shall have the same force and effect as if made on the original date payment was due. In the event of a non-payment of interest on a scheduled payment date, and for thirty (30) days thereafter, a new record date for such interest payment (a "Special Record Date") will be established by the Paying Agent/ Registrar, if and when funds for the payment of such interest have been received. Notice of the Special Record Date and of the scheduled payment date of the past due interest (which shall be 15 days after the Special Record Date) shall be sent at least five (5) business days prior to the Special Record Date by United States Mail, first class postage prepaid, to the address of each Holder appearing on the Security Register at the close of business on the last business day next preceding the date of mailing of such notice. SECTION 4: Redemption. (a) Optional Redemption. The Certificates having Stated Maturities on and after August 15, 2002, shall be subject to redemption prior to maturity, at the option of the City, in whole or in part in principal amounts of $5,000 or any integral multiple thereof (and if within a Stated Maturity by lot by the Paying Agent/Registrar), on August 15, 2001 or on any date thereafter at the redemption price of par plus accrued interest to the date of redemption. (b) Exercise of Redemption Option. At least forty-five (45) days prior to a redemption date for the Certificates (unless a shorter notification period shall be satisfactory to the Paying Agent/Registrar) the City shall notify the Paying Agent/Registrar of the decision to redeem Certificates, the principal amount of each Stated Maturity to be redeemed, and the date of redemption therefor. The decision of the City to exercise the right to redeem Certificates shall be entered in the minutes of the governing body of the City. (c) Selection of Certificates for Redemption. If less than all Outstanding Certificates of the same Stated Maturity are to be redeemed on a redemption date, the Paying Agent/ Registrar shall treat such Certificates as representing the number of Certificates Outstanding which is obtained by dividing the principal amount of such Certificates by $5,000 and shall select the Certificates to be redeemed within such Stated Maturity by lot. (d) Notice of Redemption. Not less than thirty (30) days prior to a redemption date for the Certificates, a notice of redemption shall be sent by United States Mail, first class postage prepaid, in the name of the City and at the City's expense, to each Holder of a Certificate to be redeemed in whole or in part at the address of the Holder appearing on the Security Register at the close of business on the business day next preceding the date of mailing such notice, and any notice of 0188562 -4- redemption so mailed shall be conclusively presumed to have been duly given irrespective of whether received by the Holder. All notices of redemption shall (i) specify the date of redemption for the Certificates, (ii) identify the Certificates to be redeemed and, in the case of a portion of the principal amount to be redeemed, the principal amount thereof to be redeemed, (iii) state the redemption price, (iv) state that the Certificates, or the portion of the principal amount thereof to be redeemed, shall become due and payable on the redemption date specified, and the interest thereon, or on the portion of the principal amount thereof to be redeemed, shall cease to accrue from and after the redemption date, and (v) specify that payment of the redemption price for the Certificates, or the principal amount thereof to be redeemed, shall be made at the Designated Payment/Transfer Office of the Paying Agent/Registrar only upon presentation and surrender of the Certificates. If a Certificate is subject by its terms to prior redemption and has been called for redemption and notice of redemption has been duly given as hereinabove provided, such Certificate (or the principal amount thereof to be redeemed) shall become due and payable and interest thereon shall cease to accrue from and after the redemption date therefor; provided moneys sufficient for the payment of such Certificate (or of the principal amount thereof to be redeemed) at the then applicable redemption price are held for the purpose of such payment by the Paying Agent/Registrar. SECTION 5: Registration - Transfer Exchange of Certificates - Predecessor Certificates. The Paying Agent/Registrar shall obtain, record and maintain in the Security Register the name and address of each and every owner of the Certificates issued under and pursuant to the provisions of this Ordinance or if appropriate the nominee thereof. Any Certificate may be transferred or exchanged for Certificates of other authorized denominations by the Holder, in person or by his duly authorized agent, upon surrender of such Certificate to the Paying Agent/Registrar for cancellation, accompanied by a written instrument of transfer or request for exchange duly executed by the Holder or by his duly authorized agent, in form satisfactory to the Paying Agent/Registrar. Upon surrender of any Certificate for transfer at the Designated Payment/Transfer Office of the Paying Agent/Registrar, the Paying Agent/Registrar shall register and deliver, in the name of the designated transferee or transferees, one or more new Certificates, executed on behalf of, and furnished by, the City, of authorized denominations and having the same Stated Maturity and of a like aggregate principal amount as the Certificate or Certificates surrendered for transfer. 0188562 -5- At the option of the Holders, Certificates may be exchanged for other Certificates of authorized denominations and having the same Stated Maturity, bearing the same rate of interest and of like aggregate principal amount as the Certificates surrendered for exchange upon surrender of the Certificates to be exchanged at the Designated Payment/Transfer Office of the Paying Agent/Registrar. Whenever any Certificates are so surrendered for exchange, the Paying Agent/Registrar shall register and deliver new Certificates, executed on behalf of, and furnished by the City, to the Holder requesting the exchange. All Certificates issued upon any transfer or exchange of Certificates shall be delivered at the Designated Payment/Transfer Office of the Paying Agent/Registrar, or sent by United States mail, first class postage prepaid, to the Holder and, upon the delivery thereof, the same shall be valid obligations of the City, evidencing the same obligation to pay, and entitled to the same benefits under this Ordinance, as the Certificates surrendered in such transfer or exchange. All transfers or exchanges of Certificates pursuant to this Section shall be made without expense or service charge to the Holder, except as otherwise herein provided, and except that the Paying Agent/Registrar shall require payor y der requesting such transfer or exchange of any tax or other governmental charges required to be paid with respect to such transfer or exchange. Certificates cancelled by reason of an exchange or transfer pursuant to the provisions hereof are hereby defined to be "Predecessor Certificates," evidencing all or a portion, as the case may be, of the same obligation to pay evidenced by the new Certificate or Certificates registered and delivered in the exchange or transfer therefor. Additionally, the term "Predecessor Certificates" shall include any mutilated, lost, destroyed, or stolen Certificate for which a replacement Certificate has been issued, registered and delivered in lieu thereof pursuant to Section 25 hereof and such new replacement Certificate shall be deemed to evidence the same obligation as the mutilated, lost, destroyed, or stolen Certificate. Neither the City nor the Paying Agent/ Registrar shall be required to issue or transfer to an assignee of a Holder any Certificate called for redemption, in whole or in part, within 45 days of the date fixed for the redemption of such Certificate; provided, however, such limitation on transferability shall not be applicable to an exchange by the Holder of the unredeemed balance of a Certificate called for redemption in part. SECTION 6: Book-Entry Only Transfers and Transactions. Notwithstanding the provisions contained in Sections 3, 4 and 5 0188562 -6 hereof relating to the payment and transfer/exchange of the Certificates, the City hereby approves and authorizes the use of "Book-Entry Only" securities clearance, settlement and transfer system provided by The Depository Trust Company (DTC), a limited purpose trust company organized under the laws of the State of New York, in accordance with the requirements and procedures identified in the Letter of Representation by and between the City, the Paying Agent/Registrar and DTC (the "Depository Agreement") relating to the Certificates. Pursuant to the Depository Agreement and the rules of DTC, the Certificates shall be deposited with DTC who shall hold said Certificates for its participants (the "DTC Participants") and, while the Certificates are held by DTC under the Depository Agreement, the Holder of the Certificates on the Security Register for all purposes, including payment and notices, shall be Cede & Co., as nominee of DTC, notwithstanding the ownership of each actual purchaser or owner of each Certificate (the "Beneficial Owners") being recorded in the records of DTC and DTC Participants. In the event DTC determines to discontinue serving as securities depository for the Certificates or otherwise ceases to provide book-entry clearance and settlement of securities transactions in general or the City determines that DTC is incapable of properly discharging its duties as securities depository for the Certificates, the City covenants and agrees with the Holders of the Certificates to cause Certificates to be printed in definitive form and provide for the Certificate certificates to be issued and delivered to DTC Participants and Beneficial Owners, as the case may be. Thereafter, the Certificates in definitive form shall be assigned, transferred and exchanged on the Security Register maintained by the Paying Agent/Registrar and payment of such Certificates shall be made in accordance with the provisions of Sections 3, 4 and 5 hereof. SECTION 7: Execution - Recistration. The Certificates shall be executed on behalf of the City by the Mayor under its seal reproduced or impressed thereon and countersigned by the City Secretary. The signature of said officers on the Certificates may be manual or facsimile. Certificates bearing the manual or facsimile signatures of said individuals who are or were the proper officers of the City on the Certificate Date shall be deemed to be duly executed on behalf of the City, notwithstanding that such individuals or any of them shall cease to hold such offices prior to the delivery of the Certificates to the initial purchaser(s), and with respect to Certificates delivered in subsequent exchanges and transfers, all as authorized and provided in the Bond Procedures Act of 1981, as amended. 0188562 -7 No Certificate shall be entitled to any right or benefit under this Ordinance, or be valid or obligatory for any purpose, unless there appears on such Certificate either a certificate of registration substantially in the form provided in Section 9C, manually executed by the Comptroller of Public Accounts of the State of Texas or his duly authorized agent, or a certificate of registration substantially in the form provided in Section 9D, manually executed by an authorized officer, employee or representative of the Paying Agent/Registrar, and either such certificate upon any Certificate shall be conclusive evidence, and the only evidence, that such Certificate has been duly certified, registered and delivered. SECTION 8: Initial Certificate(s). The Certificates herein authorized shall be initially issued either (i) as a single fully registered certificate in the total principal amount of $500,000 with principal installments to become due and payable as provided in Section 2 hereof and numbered T-1, or (ii) as ten (10) fully registered certificates, being one certificate for each year of maturity in the applicable principal amount and denomination and to be numbered consecutively from T-1 and upward (hereinafter called the "Initial Certificate(s)") and, in either case, the Initial Certificate(s) shall be registered in the name of the initial purchaser(s) or the designee thereof. The Initial Certificate(s) shall be the Certificates submitted to the Office of the Attorney General of the State of Texas for approval, certified and registered by the Office of the Comptroller of Public Accounts of the State of Texas and delivered to the initial purchaser(s). Any time after the delivery of the Initial Certificate(s), the Paying Agent/Registrar, pursuant to written instructions from the initial purchaser(s), or the designee thereof, shall cancel the Initial Certificate(s) delivered hereunder and exchange therefor definitive Certificates of authorized denominations, Stated Maturities, principal amounts and bearing applicable interest rates for transfer and delivery to the Holders named at the addresses identified therefor; all pursuant to and in accordance with such written instructions from the initial purchaser(s), or the designee thereof, and such other information and documentation as the Paying Agent/Registrar may reasonably require. SECTION 9: Forms. A. Forms Generally. The Certificates, and the Registration Certificate of the Comptroller of Public Accounts of the State of Texas, the Registration Certificate of Paying Agent/Registrar, and the form of Assignment to be printed on the Certificates, shall be substantially in the forms set forth in this Section with such appropriate insertions, omissions, substitutions, and other variations as are permitted or required by this Ordinance and may have such letters, numbers, or other marks of identification (including identifying numbers and letters of the Committee on Uniform Securities Identification 0188562 -8- Procedures of the American Bankers Association) and such legends and endorsements (including insurance legends in the event the Certificates, or any maturities thereof, are purchased with insurance and any reproduction of an opinion of counsel) thereon as may, consistently herewith, be established by the City or determined by the officers executing such Certificates as evidenced by their execution thereof. Any portion of the text of any Certificates may be set forth on the reverse thereof, with an appropriate reference thereto on the face of the Certificate. The Certificates, including the Initial Certificate(s), shall be typewritten, printed, lithographed, or photocopied, or produced in any other similar manner, all as determined by the officers executing such Certificates as evidenced by their execution. B. Form of Definitive Certificate. REGISTERED REGISTERED NO. $ UNITED STATES OF AMERICA STATE OF TEXAS CITY OF HUNTSVILLE, TEXAS, TAX AND HOTEL OCCUPANCY TAX SURPLUS REVENUE CERTIFICATE OF OBLIGATION, SERIES 1994 Certificate Date: Interest Rate: Stated Maturity CUSIP NO: August 15, 1994 Registered Owner: Principal Amount: Dollars The City of Huntsville (hereinafter referred to as the "City"), a body corporate and municipal corporation in the County of Walker, State of Texas, for value received, acknowledges itself indebted to and hereby promises to pay to the order of the Registered Owner named above, or the registered assigns thereof, on the Stated Maturity date specified above the Principal Amount stated above (or so much thereof as shall not have been paid upon prior redemption) and to pay interest on the unpaid principal amount hereof from the Certificate Date at the per annum rate of interest specified above computed on the basis of a 360-day year of twelve 30-day months; such interest being payable on February 15 and August 15 of each year, commencing February 15, 1995. Principal of this Certificate is payable at its Stated Maturity or redemption to the registered owner hereof upon presentation and surrender at the Designated Payment/Transfer 0188562 -9- Office of the Paying Agent/Registrar executing the registration certificate appearing hereon, or its successor. Interest is payable to the registered owner of this Certificate (or one or more Predecessor Certificates, as defined in the Ordinance hereinafter referenced) whose name appears on the "Security Register" maintained by the Paying Agent/ Registrar at the close of business on the "Record Date", which is the last business day of the month next preceding each interest payment date and interest shall be paid by the Paying Agent/Registrar by check sent United States Mail, first class postage prepaid, to the address of the registered owner recorded in the Security Register or by such other method, acceptable to the Paying Agent/ Registrar, requested by, and at the risk and expense of, the registered owner. All payments of principal of, premium, if any, and interest on this Certificate shall be without exchange or collection charges to the owner hereof and in any coin or currency of the United States of America which at the time of payment is legal tender for the payment of public and private debts. This Certificate is one of the series specified in its title issued in the aggregate principal amount of $500,000 (herein referred to as the "Certificates") for the purpose of paying contractual obligations to be incurred for (i) the construction of a tourist and visitor's center honoring Sam Houston and the history of the State of Texas and (ii) professional services rendered in relation to such project and the financing thereof, under and in strict conformity with the Constitution and laws of the State of Texas, particularly V.T.C.A., Local Government Code, Subchapter C of Chapter 271, as amended, and pursuant to an ordinance adopted by the governing body of the City (hereinafter referred to as the "Ordinance"). The Certificates maturing on and after August 15, 2002, may be redeemed prior to their Stated Maturities, at the option of the City, in whole or in part in principal amounts of $5,000 or any integral multiple thereof (and if within a Stated Maturity by lot by the Paying Agent/Registrar), on August 15, 2001, or on any date thereafter, at the redemption price of par, together with accrued interest to the date of redemption and upon 30 days prior written notice being sent by United States Mail, first class postage prepaid, to the registered owners of the Certificates to be redeemed, and subject to the terms and provisions relating thereto contained in the Ordinance. If this Certificate (or any portion of the principal sum hereof) shall have been duly called for redemption and notice of such redemption duly given, then upon such redemption date this Certificate (or the portion of the principal sum hereof to be redeemed) shall become due and payable, and interest thereon shall cease to accrue from and after the redemption date therefor, provided moneys for the payment of the redemption price and the interest on the principal amount to be 0188562 -10- redeemed to the date of redemption are held for the purpose of such payment by the Paying Agent/Registrar. In the event of a partial redemption of the principal amount of this Certificate, payment of the redemption price of such principal amount shall be made to the registered owner only upon presentation and surrender of this Certificate to the Designated Payment/Transfer Office of the Paying Agent/Registrar, and there shall be issued to the registered owner hereof, without charge, a new Certificate or Certificates of like maturity and interest rate in any authorized denominations provided by the Ordinance for the then unredeemed balance of the principal sum hereof. If this Certificate is selected for redemption, in whole or in part, the City and the Paying Agent/Registrar shall not be required to transfer this Certificate to an assignee of the registered owner within 45 days of the redemption date therefor; provided, however, such limitation on transferability shall not be applicable to an exchange by the registered owner of the unredeemed balance hereof in the event of its redemption in part. The Certificates are payable from the proceeds of an ad valorem tax levied, within the limitations prescribed by law, upon all taxable property in the City and are additionally payable from a pledge of a portion of the revenues received from a Hotel Occupancy Tax levied by the City, such pledge, however, being junior and subordinate to the pledge of the Hotel Occupancy Tax securing the payment of "Prior Lien Obligations" (defined in the Ordinance) hereafter issued by the City. In the ordinance, the City reserves and retains the right to issue Prior Lien Obligations while the Certificates are outstanding without limitation as to principal amount but subject to any terms, conditions or restrictions as may be applicable thereto under law or otherwise. Reference is hereby made to the Ordinance, a copy of which is on file in the Designated Payment/Transfer Office of the Paying Agent/Registrar, and to all the provisions of which the Holder by the acceptance hereof hereby assents, for definitions of terms; the description of and the nature and extent of the ad valorem tax levied for the payment of the Certificates; a description of the Hotel Occupancy Tax levied by the City and the portion thereof pledged to the payment of the principal of and interest on the Certificates; the nature and extent and manner of enforcement of the pledge; the terms and conditions relating to the transfer or exchange of this Certificate; the conditions upon which the ordinance may be amended or supplemented with or without the consent of the Holders; the rights, duties, and obligations of the City and the Paying Agent/Registrar; the terms and provisions upon which the tax levy and the liens, pledges, charges and covenants made therein may be discharged at or prior to the maturity of this Certificate, and this Certificate deemed to be no longer 0188562 -11- Outstanding thereunder; and for the other terms and provisions contained therein. Capitalized terms used herein have the meanings assigned in the Ordinance. This Certificate, subject to certain limitations contained in the Ordinance, may be transferred on the Security Register only upon its presentation and surrender at the Designated Payment/Transfer Office of the Paying Agent/Registrar, with the Assignment hereon duly endorsed by, or accompanied by a written instrument of transfer in form satisfactory to the Paying Agent/Registrar duly executed by, the registered owner hereof, or his duly authorized agent. When a transfer on the Security Register occurs, one or more new fully registered Certificates of the same Stated Maturity, of authorized denominations, bearing the same rate of interest, and of the same aggregate principal amount will be issued by the Paying Agent/Registrar to the designated transferee or transferees. The City and the Paying Agent/Registrar, and any agent of either, may treat the registered owner hereof whose name appears on the Security Register (i) on the Record Date as the owner entitled to payment of interest hereon, (ii) on the date of surrender of this Certificate as the owner entitled to payment of principal hereof at its Stated Maturity or its redemption, in whole or in part, and (iii) on any other date as the owner for all other purposes, and neither the City nor the Paying Agent/Registrar, or any agent of either, shall be affected by notice to the contrary. In the event of a non-payment of interest on a scheduled payment date, and for thirty (30) days thereafter, a new record date for such interest payment (a "Special Record Date") will be established by the Paying Agent/ Registrar, if and when funds for the payment of such interest have been received. Notice of the Special Record Date and of the scheduled payment date of the past due interest (which shall be 15 days after the Special Record Date) shall be sent at least five (5) business days prior to the special Record Date by United States Mail, first class postage prepaid, to the address of each Holder appearing on the Security Register at the close of business on the last business day next preceding the date of mailing of such notice. It is hereby certified, recited, represented and covenanted that the City is duly organized and legally incorporated under and by virtue of the Constitution and laws of the State of Texas; that the issuance of the Certificates is duly authorized by law; that all acts, conditions and things required to exist and be done precedent to and in the issuance of the Certificates to render the same lawful and valid obligations of the City have been properly done, have happened and have been performed in regular and due time, form and manner as required by the Constitution and laws of the State of Texas, and the Ordinance; that the Certificates do not exceed any constitutional or statutory limitation; and that 0188562 -12- due provision has been made for the payment of the principal of and interest on the Certificates by the levy of an ad valorem tax and a pledge of a portion of the Hotel Occupancy Tax levied by the City as aforestated. In case any provision in this Certificate or any application thereof shall be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions and applications shall not in any way be affected or impaired thereby. The terms and provisions of this Certificate and the Ordinance shall be construed in accordance with and shall be governed by the laws of the State of Texas. IN WITNESS WHEREOF, the City Council of the City has caused this Certificate to be duly executed under the official seal of the City as of the Certificate Date. CITY OF HUNTSVILLE, TEXAS COUNTERSIGNED: Mayor City Secretary (CITY SEAL) C. *Form of Registration Certificate of Comptroller of Public Accounts to appear on Initial Certificate(s) only. REGISTRATION CERTIFICATE OF COMPTROLLER OF PUBLIC ACCOUNTS OFFICE OF THE COMPTROLLER OF PUBLIC ACCOUNTS ( REGISTER NO. THE STATE OF TEXAS I HEREBY CERTIFY that this Certificate has been examined, certified as to validity and approved by the Attorney General of the State of Texas and duly registered by the Comptroller of Public Accounts of the State of Texas. WITNESS my signature and seal of office this Comptroller of Public Accounts of the State of Texas (SEAL) *NOTE TO PRINTER: not to appear on definitive certificates. 0188562 -13- D. Form of Certificate of Paving Agent/Registrar to appear on Definitive Certificates only. REGISTRATION CERTIFICATE OF PAYING AGENT/REGISTRAR This Certificate has been duly issued and registered under the provisions of the within mentioned Ordinance; the certificate or certificates of the above entitled and designated series originally delivered having been approved by the Attorney General of the State of Texas and registered by the Comptroller of Public Accounts, as shown by the records of the Paying Agent/Registrar. The designated offices of the Paying Agent/Registrar in New York, New York, is the Designated Payment/Transfer Office for this Bond. U. S. TRUST COMPANY OF TEXAS, N.A., as Paying Agent/Registrar Registration Date: By Authorized Signature E. Form of Assignment ASSIGNMENT FOR VALUE RECEIVED the undersigned hereby sells, assigns, and transfers unto (Print or typewrite name, address, and zip code transferee:) ............................................. ................................................................ ................................................................ (Social Security or other identifying number: .................. .. ..... .) the within Certificate and all rights thereunder, and hereby irrevocably constitutes and appoints ................................................................ attorney to transfer the within Certificate on the books kept for registration thereof, with full power of substitution in the premises. DATED: .................. .............................. NOTICE: The signature on this Signature guaranteed: assignment must correspond with the name of the registered owner .......................... as it appears on the face of the within Certificate in every particular. 0188562 -14- F. The Initial Certificate(s) shall be in the form set forth in Paragraph B of this Section except that the form of a single fully registered Initial Certificate shall be modified as follows: (i) immediately under the name of the certificate the headings "Interest Rate " and "Stated Maturity " shall both be omitted; (ii) paragraph one shall read as follows: Registered Owner: Principal Amount: Dollars The City of Huntsville (hereinafter referred to as the "City"), a body corporate and municipal corporation in the County of Walker, State of Texas, for value received, acknowledges itself indebted to and hereby promises to pay to the order of the Registered Owner named above, or the registered assigns thereof, the above stated Principal Amount on August 15 in each of the years and in principal installments in accordance with the following schedule: PRINCIPAL INTEREST YEAR INSTALLMENTS RATE (Information to be inserted from schedule in Section 2 hereof). (or so much thereof as shall not have been prepaid prior to maturity) and to pay interest on the unpaid Principal Amount from the Certificate Date at the per annum rate(s) of interest specified above computed on the basis of a 360-day year of twelve 30-day months; such interest being payable on February 15 and August 15 of each year, commencing February 15, 1995. Principal installments of this Certificate are payable at its Stated Maturity or on a prepayment date to the registered owner hereof by U. S. Trust Company of Texas, N.A. (the "Paying Agent/Registrar"), upon its presentation and surrender at its designated offices in New York, New York (the "Designated Payment/Transfer Office"). Interest is payable to the registered owner of this Certificate whose name appears on the "Security Register" maintained by the Paying Agent/Registrar at the close of business on the "Record Date", which is the last business day of the month next preceding each interest payment date hereof and interest shall be paid by the Paying Agent/Registrar by check sent United States Mail, first class postage prepaid, to the address of the registered owner 0188562 -15- recorded in the Security Register or by such other method, acceptable to the Paying Agent/ Registrar, requested by, and at the risk and expense of, the registered owner. All payments of principal of, premium, if any, and interest on this Certificate shall be without exchange or collection charges to the owner hereof and in any coin or currency of the United States of America which at the time of payment is legal tender for the payment of public and private debts. SECTION 10: Definitions. For purposes of this Ordinance and for clarity with respect to the issuance of the Certificates herein authorized, and the levy of taxes and appropriation of Hotel Occupancy Tax Revenues for the payment thereof, the following words or terms, whenever the same appear herein without qualifying language, are defined to mean as follows: (a) The term "Additional Obligations" shall mean tax and revenue obligations hereafter issued under and pursuant to the provisions of V.T.C.A., Local Government Code, Subchapter C of Chapter 271, or other law and payable from ad valorem taxes and additionally payable from and equally and ratably secured with the Certificates by a parity lien on and pledge of the Pledged Hotel Tax Receipts. (b) The term "Certificates" shall mean the $500,000 "City of Huntsville, Texas, Tax and Hotel Occupancy Tax Surplus Revenue Certificates of Obligation, Series 199411, dated August 15, 1994 authorized by this Ordinance. (c) The term "Certificate Fund" shall mean the special Fund created and established under the provisions of Section 11 of this Ordinance. (d) The term "Collection Date" shall mean, when reference is being made to the levy and collection of annual ad valorem taxes, the date the annual ad valorem taxes levied each year by the City become delinquent. (e) The term "Fiscal Year" shall mean the twelve month period ending on September 30 of each year. (f) The term "Hotel Occupancy Tax" shall mean the tax levied by the City upon the costs of occupancy of any sleeping room furnished by any hotel, where the cost of occupancy is at the rate of $2 or more per day, under authority of V.T.C.A., Tax Code, Chapter 351, as amended, and pursuant to Ordinance No. 74-23, passed and adopted by the City Council of the City of Huntsville, Texas on November 26, 1974, as amended by Ordinance No. 0188562 -16- 77-16, passed and adopted on July 26, 1977, by Ordinance No. 94-11, adopted on March 15, 1994, and any future City ordinance amending the foregoing Ordinances Nos. 704-23, 77-16 and 94-11. (g) The term "Outstanding" when used in this Ordinance with respect to Certificates means, as of the date of determination, all Certificates theretofore issued and delivered under this Ordinance, except: (1) those Certificates cancelled by the Paying Agent/Registrar or delivered to the Paying Agent/Registrar for cancellation; (2) those Certificates deemed to be duly paid by the City in accordance with the provisions of Section 24 hereof; and (3) those Certificates that have been mutilated, destroyed, lost, or stolen and replacement Certificates have been registered and delivered in lieu thereof as provided in Section 25 hereof. (h) The term "Pledged Hotel Tax Receipts" shall mean the portion of the Hotel Occupancy Tax pledged to the payment of the Certificates in Section 13 hereof. (i) The term "Prior Lien Obligations" shall mean revenue bonds or other similar obligations hereafter issued that are payable from revenues and receipts other than ad valorem taxes, including a prior lien on and pledge of the Pledged Hotel Tax Receipts. SECTION '11: Certificate Fund. For the purpose of paying the interest on and to provide a sinking fund for the payment, redemption and retirement of the Certificates, there shall be and is hereby created a special account on the books of the City to be designated "SPECIAL 1994 TAX AND HOTEL OCCUPANCY TAX REVENUE CERTIFICATE OF OBLIGATION FUND", and all moneys deposited to the credit of such account shall be kept and maintained in a banking fund maintained at the City's depository. Authorized officials of the City are hereby authorized and directed to make withdrawals from the Certificate Fund sufficient to pay the principal of and interest on the Certificates as the same become due and payable, and, shall cause to be transferred to the Paying Agent/Registrar from moneys on deposit in the Certificate Fund an amount sufficient to pay the amount of principal and/or interest falling due on the Certificates, such transfer of funds to the Paying Agent/Registrar to be made in such manner as will cause immediately available funds to be deposited with the Paying 0188562 -17- Agent/Registrar on or before the last business day next preceding each interest and principal payment date for the Certificates. Pending the transfer of funds to the Paying Agent/Registrar, Toney in the Certificate Fund may, at the option of the City, be invested in obligations identified in, and in accordance with the provisions of the "Public Funds Investment Act of 1987" relating to the investment of "bond proceeds"; provided that all such investments shall be made in such a manner that the money required to be expended from said Fund will be available at the proper time or times. All interest and income derived from deposits and investments in said Certificate Fund shall be credited to, and any losses debited to, the said Certificate Fund. All such investments shall be sold promptly when necessary to prevent any default in connection with the Certificates. SECTION 12: Tax Levy. To provide for the payment of the "Debt Service Requirements" on the Certificates being (i) the interest on said Certificates and (ii) a sinking fund for their redemption at maturity or a sinking fund of 2% (whichever amount shall be the greater), there shall be and there is hereby levied for the current year and each succeeding year thereafter while said Certificates or any interest thereon shall remain Outstanding, a sufficient tax on each one hundred dollars' valuation of taxable property in said City, adequate to pay such Debt Service Requirements, full allowance being made for delinquencies and costs of collection; said tax shall be assessed and collected each year and applied to the payment of the Debt Service Requirements, and the same shall not be diverted to any other purpose. The taxes so levied and collected shall be paid into the Certificate Fund. The City Council hereby declares its purpose and intent to provide and levy a tax legally and fully sufficient to pay the said Debt Service Requirements, it having been determined that the existing and available taxing authority of the City for such purpose is adequate to permit a legally sufficient tax in consideration of all other outstanding indebtedness. The amount of taxes to be provided annually for the payment of the principal of and interest on the Certificates shall be determined and accomplished in the following manner: (a) Prior to the date the City Council establishes the annual tax rate and passes an ordinance levying ad valorem taxes each year, the Council shall determine: (1) The amount on deposit in the Certificate Fund after (a) deducting therefrom the total amount of Debt Service Requirements to become due on Certificates prior to the Collection Date for the ad valorem taxes to be levied and (b) adding thereto the amount of the Pledged 0188562 -18- Hotel Tax Receipts appropriated and allocated to pay such Debt Service Requirements prior to the Collection Date for the ad valorem taxes to be levied. (2) The amount of Pledged Hotel Tax Receipts, appropriated and to be set aside for the payment of the Debt Service Requirements on the Certificates between the Collection Date for the taxes then to be levied and the Collection Date for the taxes to be levied during the next succeeding calendar year. (3) The amount of Debt Service Requirements to become due and payable on the Certificates between the Collection Date for the taxes then to be levied and the Collection Date for the taxes to be levied during the next succeeding calendar year. (b) The amount of taxes to be levied annually each year to pay the Debt Service Requirements on the Certificates shall be the amount established in paragraph (3) above less the sum total of the amounts established in paragraphs (1) and (2), after taking into consideration delinquencies and costs of collecting such annual taxes. SECTION 13: Pledge of Hotel Occupancy Tax Receipts. The City hereby covenants and agrees that, subject to the prior lien on and pledge of the Pledged Hotel Tax Receipts to the payment and security of Prior Lien Obligations, a portion of the receipts received from the collection of the Hotel Occupancy Tax (equivalent in amount to a Hotel Occupancy Tax of 2% being levied under the law, i.e., 3% of the consideration paid by an occupant of a sleeping room to the hotel -- hereinafter called the "Pledged Hotel Tax Receipts") shall be and are hereby irrevocably pledged to the payment of the principal of and interest on the Certificates, and Additional Certificates, if issued, and the pledge of Pledged Hotel Tax Receipts herein made for the payment of the Certificates shall constitute a lien on the Pledged Hotel Tax Receipts in accordance with the terms and provisions hereof and be valid and binding without further action by the City and without any filing or recording except for the filing of this Ordinance in the records of the City. For purposes of satisfying the pledge of the Pledged Hotel Tax Receipts for the payment of the Certificates, the City hereby covenants and agrees that, during the period of time the Certificates are Outstanding, the Pledged Hotel Tax Receipts shall be deposited, as received and collected, into a special Fund designated the "City of Huntsville, Texas, Pledged Hotel Occupancy Tax Fund", hereby created and to be maintained by the City at its depository bank, and all Pledged Hotel Tax Receipts deposited therein shall be pledged and appropriated to the extent required 0188562 -19- for the following purposes and in the order of priority shown, to wit: First: To the payment of all amounts required to be deposited in the special Funds maintained for the payment, security and benefit of Prior Lien Obligations in accordance with the terms and provisions of any ordinance authorizing the issuance of Prior Lien Obligations. Second: To the payment, equally and ratably, of the amounts required to be deposited in the special funds and accounts created and established for the payment of the Certificates (the Certificate Fund) as provided in Section 14 hereof and any special fund or account maintained for the payment of Additional Certificates. Any Pledged Hotel Tax Receipts remaining in the "City of Huntsville, Texas, Pledged Hotel Occupancy Tax Fund", after satisfying the foregoing priority, or making adequate and sufficient provision therefor, may be appropriated and expended for any purposes now or hereafter permitted by law. SECTION 14: Deposits to Certificate Fund. The City hereby covenants and agrees to cause to be deposited to the credit of the Certificate Fund prior to each principal and interest payment date for the Certificates from the Pledged Hotel Tax Receipts, after the deduction of all payments required to be made to the special Funds or accounts created for the payment and security of the Prior Lien obligations, an amount equal to one hundred per centum (100%) of the amount required to fully pay the interest and principal then due and payable on the Certificates, and such deposits to pay maturing principal and accrued interest on the Certificates shall be made in substantially equal quarterly installments on or before the last business day of each March, June, September and December beginning the September next following the month the Certificates are delivered to the initial purchaser(s). The quarterly deposits to be made to the credit of the Certificate Fund, as hereinabove provided, shall be made until such time as such Fund contains an amount equal to pay the principal of and interest and premium, if any, on the Certificates to maturity. Accrued interest and premium, if any, received from the purchaser of the Certificates deposited to the Certificate Fund and ad valorem taxes levied, collected and deposited in the Certificate Fund for and on behalf of the Certificates may be taken into consideration and reduce the amount of the deposits otherwise required to be deposited in the Certificate Fund from the Pledged Hotel Tax Receipts. In addition, any surplus proceeds from the sale of the Certificates not expended for authorized 0188562 -20- purposes shall be deposited in the Certificate Fund, and such amounts so deposited shall reduce the sums otherwise required to be deposited in said Fund from ad valorem taxes and the Pledged Hotel Tax Receipts. SECTION 15: Security of Funds. All moneys on deposit in the Funds for which this Ordinance makes provision (except any portion thereof as may be at any time properly invested) shall be secured in the manner and to the fullest extent required by the laws of Texas for the security of public funds, and moneys on deposit in such Funds shall be used only for the purposes permitted by this Ordinance. SECTION 16: Records and Accounts - Annual Audit. The City further covenants and agrees that while any of the Certificates remain outstanding, it will keep and maintain separate and complete records and accounts pertaining to the receipt and disbursement of the Pledged Hotel Tax Receipts. The Holder or Holders of the Certificates or any duly authorized agent or agents of such Holders shall have the right to inspect such records and accounts. The City further agrees that following the close of each Fiscal Year, it will cause an audit of such books and accounts to be made by an independent firm of Certified Public Accountants. Copies of each annual audit shall be furnished to the Executive Director of the Municipal Advisory Council of Texas at his office in Austin, Texas, and, upon written request, to the original purchaser of the Certificates and any subsequent Holder thereof. SECTION 17: Remedies in Event of Default. In addition to all the rights and remedies provided by the laws of the State of Texas, the City covenants and agrees particularly that in the event the City (a) defaults in the payments to be made to the Certificate Fund, or (b) defaults in the observance or performance of any other of the covenants, conditions or obligations set forth in this Ordinance, the owner or owners of any of the Certificates shall be entitled to a writ of mandamus issued by a court of proper jurisdiction compelling and requiring the governing body of the City and other officers of the City to observe and perform any covenant, condition or obligation prescribed in this Ordinance. No delay or omission to exercise any right or power accruing upon any default shall impair any such right or power, or shall be construed to be a waiver of any such default or acquiescence therein, and every such right and power may be exercised from time to time and as often as may be deemed expedient. The specific remedies herein provided shall be cumulative of all other existing remedies and the specification of such remedies shall not be deemed to be exclusive. 0188562 -21- SECTION IS: Special Covenants. The City hereby further covenants as follows: (a) It has the lawful power to pledge the Pledged Hotel Tax Receipts supporting this issue of Certificates and has lawfully exercised said powers under the Constitution and laws of the State of Texas, including said power existing under V.T.C.A., Local Government Code, Sections 271.041, et seq. and V.T.C.A., Tax Code, Chapter 351, as amended. (b) Other than for the payment of the Certificates, the Pledged Hotel Tax Receipts have not in any manner been pledged to the payment of any debt or obligation of the City. SECTION 19: Issuance of Prior Lien Obligations and Additional Certificates. The City hereby expressly reserves the right to hereafter issue Prior Lien Obligations, without limitation as to principal amount but subject to any terms, conditions or restrictions applicable thereto under law or otherwise, and, also reserves the right to issue Additional Certificates which, together with the Certificates, shall be secured by a parity lien on and pledge of the Pledged Hotel Tax Receipts. SECTION 20: Application of Prior Lien Bonds Covenants and Agreements. It is the intention of this governing body and accordingly hereby recognized and stipulated that the provisions, agreements and covenants contained herein bearing upon the Pledged Hotel Tax Receipts and the administering and application thereof, shall to the extent possible be harmonized with like provisions, agreements and covenants contained in the ordinances authorizing the issuance of the Prior Lien Obligations, and to the extent of any irreconcilable conflict between the provisions contained herein and in the ordinances authorizing the issuance of the Prior Lien, Obligations, the provisions, agreements and covenants contained therein shall prevail to the extent of such conflict and be applicable to this Ordinance but in all respects subject to the priority of rights and benefits, if any, conferred thereby to the holders of the Prior Lien Obligations. Notwithstanding the above, any change or modification affecting the application of revenues derived from the Hotel Occupancy Tax shall not impair the obligation of contract with respect to the pledge of Pledged Hotel Tax Receipts herein made for the payment and security for the Certificates. SECTION 21: Notices to Holders Waiver. Wherever this Ordinance provides for notice to Holders of any event, such notice shall be sufficiently given (unless otherwise herein expressly provided) if in writing and sent by United States Mail, first 0188562 -22- class postage prepaid, to the address of each Holder appearing on the Security Register at the close of business on the business day next preceding the mailing of such notice. In any case where notice to Holders is given by mail, neither the failure to mail such notice to any particular Holders, nor any defect in any notice so mailed, shall affect the sufficiency of such notice with respect to all other Certificates. Where this Ordinance provides for notice in any manner, such notice may be waived in writing by the Holder entitled to receive such notice, either before or after the event with respect to which such notice is given, and such waiver shall be the equivalent of such notice. Waivers of notice by Holders shall be filed with the Paying Agent/ Registrar, but such filing shall not be a condition precedent to the validity of any action taken in reliance upon such waiver. SECTION 22: Cancellation. All Certificates surrendered for payment, redemption, transfer, exchange, or replacement, if surrendered to the Paying Agent/Registrar, shall be promptly cancelled by it and, if surrendered to the City, shall be delivered to the Paying Agent/Registrar and, if not already cancelled, shall be promptly cancelled by the Paying Agent/Registrar. The City may at any time deliver to the Paying Agent/Registrar for cancellation any Certificates previously certified or registered and delivered which the City may have acquired in any manner whatsoever, and all Certificates so delivered shall be promptly cancelled by the Paying Agent/Registrar. All cancelled Certificates held by the Paying Agent/Registrar shall be returned to the City. SECTION 23: Covenants to Maintain Tax-Exempt Status.(a) Definitions. When used in this Section 23, the following terms have the following meanings: "Closing Date" means the date on which the Certificates are first authenticated and delivered to the initial purchasers against payment therefor. "Code" means the Internal Revenue Code of 1986, as amended by all legislation, if any, effective on or before the Closing Date. "Computation Date" has the meaning set forth in Section 1.148-1(b) of the Regulations. "Gross Proceeds" means any proceeds as defined in Section 1.148-1(b) of the Regulations, and any replacement proceeds as defined in Section 1.148-1(c) of the Regulations, of the Certificates. 0188562 -23- "Investment" has the meaning set forth in Section 1.148-1(b) of the Regulations. "Nonpurpose Investment" means any investment property, as defined in section 148(b) of the Code, in which Gross Proceeds of the Certificates are invested and which is not acquired to carry out the governmental purposes of the Certificates. "Rebate Amount" has the meaning set forth in Section 1.148-1(b) of the Regulations. "Regulations" means any proposed, temporary, or final Income Tax Regulations issued pursuant to Sections 103 and 141 through 150 of the Code, and 103 of the Internal Revenue Code of 1954, which are applicable to the Certificates. Any reference to any specific Regulation shall also mean, as appropriate, any proposed, temporary or final Income Tax Regulation designed to supplement, amend or replace the specific Regulation referenced. "Yield" of (1) any Investment has the meaning set forth in Section 1.148-5 of the Regulations and (2) the Certificates has the meaning set forth in Section 1.148- 4 of the Regulations. (b) Not to Cause Interest to Become Taxable. The City shall not use, permit the use of, or omit to use Gross Proceeds or any other amounts (or any property the acquisition, construction or improvement of which is to be financed directly or indirectly with Gross Proceeds) in a manner which if made or omitted, respectively, would cause the interest on any Certificate to become includable in the gross income, as defined in section 61 of the Code, of the owner thereof for federal income tax purposes. Without limiting the generality of the foregoing, unless and until the City receives a written opinion of counsel nationally recognized in the field of municipal bond law to the effect that failure to comply with such covenant will not adversely affect the exemption from federal income tax of the interest on any Certificate, the City shall comply with each of the specific covenants in this Section. (c) No Private Use or Private Payments. Except as permitted by section 141 of the Code and the Regulations and rulings thereunder, the City shall at all times prior to the last Stated Maturity of Certificates: (1) exclusively own, operate and possess all property the acquisition, construction or improvement of which is to be financed or refinanced directly or 0188562 -24- indirectly with Gross Proceeds of the Certificates, and not use or permit the use of such Gross Proceeds (including all contractual arrangements with terms different than those applicable to the general public) or any property acquired, constructed or improved with such Gross Proceeds in any activity carried on by any person or entity (including the United States or any agency, department and instrumentality thereof) other than a state or local government, unless such use is solely as a member of the general public; and (2) not directly or indirectly impose or accept any charge or other payment by any person or entity who is treated as using Gross Proceeds of the Certificates or any property the acquisition, construction or improvement of which is to be financed or refinanced directly or indirectly with such Gross Proceeds, other than taxes of general application within the City or interest earned on investments acquired with such Gross Proceeds pending application for their intended purposes. (d) No Private Loan. Except to the extent permitted by section 141 of the Code and the Regulations and rulings thereunder, the City shall not use Gross Proceeds of the Certificates to make or finance loans to any person or entity other than a state or local government. For purposes of the foregoing covenant, such Gross Proceeds are considered to be "loaned" to a person or entity if: (1) property acquired, constructed or improved with such Gross Proceeds is sold or leased to such person or entity in a transaction which creates a debt for federal income tax purposes; (2) capacity in or service from such property is committed to such person or entity under a take-or-pay, output or similar contract or arrangement; or (3) indirect benefits, or burdens and benefits of ownership, of such Gross Proceeds or any property acquired, constructed or improved with such Gross Proceeds are otherwise transferred in a transaction which is the economic equivalent of a loan. (e) Not to Invest at Higher Yield. Except to the extent permitted by section 148 of the Code and the Regulations and rulings thereunder, the City shall not at any time prior to the final Stated Maturity of the Certificates directly or indirectly invest Gross Proceeds in any Investment (or use Gross Proceeds to replace money so invested), if as a result of such investment the Yield from the Closing Date of all Investments acquired with Gross Proceeds (or with money replaced thereby), whether then held or previously disposed of, exceeds the Yield of the Certificates. (f) Not Federally Guaranteed. Except to the extent permitted by section 149(b) of the Code and the Regulations and 0188562 -25- rulings thereunder, the City shall not take or omit to take any action which would cause the Certificates to be federally guaranteed within the meaning of section 149(b) of the Code and the Regulations and rulings thereunder. (g) Information Report. The City shall timely file the information required by section 149(e) of the Code with the Secretary of the Treasury on Form 8038-G or such other form and in such place as the Secretary may prescribe. (h) No Rebate Required. The City warrants and represents that it satisfies the requirements of paragraph (2) and (3) of section 148(f) of the Code with respect to the Certificates without making the payments for the United States described in such section. Specifically, the City warrants and represents that (1) the City is a governmental unit with general taxing powers; (2) at least 95% of the Gross Proceeds of the Certificates will be used for the local governmental activities of the City; (3) the aggregate face amount of all tax-exempt obligations issued or expected to be issued by the City (and all subordinate entities thereof) in the calendar year in which the Certificates are issued is not reasonably expected to exceed $5,000,000. PROVIDED, HOWEVER, should additional tax exempt obligations be issued or incurred, including lease purchase financings, in the 1994 calendar year which would cause the total face amount of tax exempt obligations issued and incurred in such calendar year to exceed $5,000,000, the City agrees and covenants that it will maintain complete records regarding the investments of the proceeds of sale of the Certificates and rebate any "arbitrage profits" to the United States as required by Section 148(f) of the Code. (i) Elections. The City hereby directs and authorizes the Mayor, City Manager, Director of Finance City Secretary, individually or jointly, to make elections permitted or required pursuant to the provisions of the Code or the Regulations, as they deem necessary or appropriate in connection with the Certificates, in the Certificate as to Tax Exemption or similar or other appropriate certificate, form or document. SECTION 24: Satisfaction of Obligations of City. If the City shall pay or cause to be paid, or there shall otherwise be paid to the Holders, the principal of, premium, if any, and interest on the Certificates, at the times and in the manner 0188562 -26- stipulated in this Ordinance, then the pledge of taxes levied under this Ordinance and the Pledged Hotel Tax Receipts and all covenants, agreements, and other obligations of the City to the Holders shall thereupon cease, terminate, and be discharged and satisfied. Certificates or any principal amount(s) thereof shall be deemed to have been paid within the meaning and with the effect expressed above in this Section when (i) money sufficient to pay in full such Certificates or the principal amount(s) thereof at maturity or the redemption date therefor, together with all interest due thereon, shall have been irrevocably deposited with and held in trust by the Paying Agent/Registrar, or an authorized escrow agent, or (ii) Government Obligations shall have been irrevocably deposited in trust with the Paying Agent/Registrar, or an authorized escrow agent, which Government Obligations have been certified by an independent accounting firm to mature as to principal and interest in such amounts and at such times as will insure the availability, without reinvestment, of sufficient money, together with any moneys deposited therewith, if any, to pay when due the principal of and interest on such Certificates, or the principal amount(s) thereof, on and prior to the Stated Maturity thereof or (if notice of redemption has been duly given or waived or if irrevocable arrangements therefor acceptable to the Paying Agent/ Registrar have been made) the redemption date thereof. The City covenants that no deposit of moneys or Government securities will be made under this Section and no use made of any such deposit which would cause the Certificates to be treated as "arbitrage bonds" within the meaning of Section 148 of the Internal Revenue Code of 1986, as amended, or regulations adopted pursuant thereto. Any moneys so deposited with the Paying Agent/ Registrar, or an authorized escrow agent, and all income from Government Obligations held in trust by the Paying Agent/Registrar, or an authorized escrow agent, pursuant to this Section which is not required for the payment of the Certificates, or any principal amount(s) thereof, or interest thereon with respect to which such moneys have been so deposited shall be remitted to the City or deposited as directed by the City. Furthermore, any money held by the Paying Agent/Registrar for the payment of the principal of and interest on the Certificates and remaining unclaimed for a period of four (4) years after the Stated Maturity, or applicable redemption date, of the Certificates such moneys were deposited and are held in trust to pay shall upon the request of the City be remitted to the City against a written receipt therefor. Notwithstanding the above and foregoing, any remittance of funds from the Paying Agent/Registrar to the City shall be subject to any applicable unclaimed property laws of the State of Texas. 0188562 -27- The term "Government Obligations", as used herein, means direct obligations of, or obligations the principal of and interest on which are unconditionally guaranteed by, the United States of America, which are non-callable prior to the respective Stated Maturities of the Certificates and may be United States Treasury Obligations such as the State and Local Government Series and may be in book-entry form. SECTION 25: Mutilated, Destroyed, Lost, and Stolen Certificates. In case any Certificate shall be mutilated, or destroyed, lost or stolen, the Paying Agent/Registrar may execute and deliver a replacement Certificate of like form and tenor, and in the same denomination and bearing a number not contemporaneously outstanding, in exchange and substitution for such mutilated Certificate, or in lieu of and in substitution for such destroyed, lost or stolen Certificate, only upon the approval of the City and after (i) the filing by the Holder thereof with the Paying Agent/Registrar of evidence satisfactory to the Paying Agent/Registrar of the destruction, loss or theft of such Certificate, and of the authenticity of the ownership thereof and (ii) the furnishing to the Paying Agent/Registrar of indemnification in an amount satisfactory to hold the City and the Paying Agent/Registrar harmless. All expenses and charges associated with such indemnity and with the preparation, execution and delivery of a replacement Certificate shall be borne by the Holder of the Certificate mutilated, or destroyed, lost or stolen. Every replacement Certificate issued pursuant to this Section shall be a valid and binding obligation, and shall be entitled to all the benefits of this Ordinance equally and ratably with all other Outstanding Certificates; notwithstanding the enforceability of payment by anyone of the destroyed, lost, or stolen Certificates. The provisions of this Section are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement and payment of mutilated, destroyed, lost or stolen Certificates. SECTION 26: Ordinance a Contract - Amendments. This Ordinance shall constitute a contract with the Holders from time to time, be binding on the City, and shall not be amended or repealed by the City so long as any Certificate remains Outstanding except as permitted in this Section. The City, may, without the consent of or notice to any Holders, from time to time and at any time, amend this Ordinance in any manner not detrimental to the interests of the Holders, including the curing of any ambiguity, inconsistency, or formal defect or omission herein. In addition, the City may, with the written consent of Holders holding a majority in aggregate principal amount of the Certificates and Additional Certificates then Outstanding affected 0188562 -28- thereby, amend, add to, or rescind any of the provisions of this Ordinance; provided that, without the consent of all Holders of Outstanding Certificates, no such amendment, addition, or rescission shall (1) extend the time or times of payment of the principal of, premium, if any, and interest on the Certificates, reduce the principal amount thereof, the redemption price, or the rate of interest thereon, or in any other way modify the terms of payment of the principal of, premium, if any, or interest on the Certificates, (2) give any preference to any Certificate over any other Certificate, or (3) reduce the aggregate principal amount of Certificates required to be held by Holders for consent to any such amendment, addition, or rescission. SECTION 27: Qualified Tax Exempt Obligations. In accordance with the provisions of paragraph 3 of subsection b of Section 265 of the Code, the City hereby designates the Certificates to be "qualified tax exempt obligations" in that the Certificates are not "private activity bonds" as defined in the Code and the reasonably anticipated amount of "qualified tax exempt obligations" to be issued by the City (including all subordinate entities of the City) for the calendar year 1994 will not exceed $10,000,000. SECTION 28: Sale of Certificates - Official Statement Approval. The Certificates authorized by this ordinance are hereby sold by the City to First Southwest Company (herein referred to as the "Underwriters") in accordance with the Purchase Contract (the "Contract"), dated August 16, 1994, attached hereto as Exhibit B and incorporated herein by reference as a part of this Ordinance for all purposes. The Mayor is hereby authorized and directed to execute said Contract for and on behalf of the City and as the act and deed of this Council, and in regard to the approval and execution of the Contract, the Council hereby finds, determines and declares that the representations, warranties and agreements of the City contained therein are true and correct in all material respects and shall be honored and performed by the City. Furthermore, the use of the Preliminary Official statement in connection with the public offering and sale of the Certificates is hereby ratified, confirmed and approved in all respects. The final Official statement reflecting the terms of sale, attached as exhibit A to the Contract (together with such changes approved by the Mayor, City Manager or Director of Finance, any one or more of said officials), shall be and is hereby in all respects approved and the Underwriters are hereby authorized to use and distribute said final Official Statement, dated August 16, 1994, in the reoffering, sale and delivery of the Certificates to the public. The Mayor and City Secretary are further authorized and directed to manually execute and deliver for and on behalf of the City copies of said Official Statement in final form as may be required 0188562 -29- by the Underwriters, and such Official Statement in the final form and content manually executed by any one or more of said officials shall be deemed to be approved by the City Council and constitute the official Statement authorized for distribution and use by the Underwriters. SECTION 29: Proceeds of Sale. The proceeds of sale of the Certificates, excluding the accrued interest received from the Underwriters, shall be deposited in a construction fund maintained at the City's depository bank. Pending expenditure for authorized projects and purposes, such proceeds of sale may be invested in authorized investments and any investment earnings realized may be expended for such authorized projects and purposes or deposited in the Certificate Fund as shall be determined by the City Council. Accrued interest received from the Underwriters as well as all surplus proceeds of sale of the Certificates, including investment earnings, remaining after completion of all authorized projects or purposes shall be deposited to the credit of the Certificate Fund. SECTION 30: Control and Custody of Certificates. The Mayor of the City shall be and is hereby authorized to take and have charge of all necessary orders and records pending the sale of the Certificates, the investigation by the Attorney General of the State of Texas, including the printing and supply of definitive Certificates, and shall take and have charge and control of the Initial Certificate pending the approval thereof by the Attorney General and its registration thereof by the Comptroller of Public Accounts. Furthermore, the Mayor, City Manager, City Secretary, Director of Finance and City Attorney, any one or more of said officials, are hereby authorized and directed to furnish and execute such documents and certifications relating to the City and the issuance of the Certificates, including a certification as to facts, estimates, circumstances and reasonable expectations pertaining to the use and expenditure and investment of the proceeds of the Certificates as may be necessary for the approval of the Attorney General and their registration by the Comptroller of Public Accounts. In addition, such officials, together with the City's financial advisor, bond counsel and the Paying Agent/Registrar, are authorized and directed to make the necessary arrangements for the delivery of the Initial Certificate(s) to the initial purchasers. SECTION 31: Bond Counsel's opinion. The Underwriters' obligation to accept delivery of the Certificates is subject to being furnished a final opinion of Fulbright & Jaworski L.L.P., Dallas, Texas, approving the Certificates as to their validity, said opinion to be dated and delivered as of the date of delivery and payment for the Certificates. An executed counterpart of said opinion shall accompany the global certificates deposited with The 0188562 -30- Depository Trust Company or a reproduction thereof shall be printed on the definitive Certificates in the event the book entry only system shall be discontinued. SECTION 32: CUSIP Numbers. CUSIP numbers may be printed or typed on the definitive Certificates. It is expressly provided, however, that the presence or absence of CUSIP numbers on the definitive Certificates shall be of no significance or effect as regards the legality thereof and neither the City nor attorneys approving said Certificates as to legality are to be held responsible for CUSIP numbers incorrectly printed or typed on the definitive Certificates. SECTION 33: Benefits of Ordinance. Nothing in this Ordinance, expressed or implied, is intended or shall be construed to confer upon any person other than the City, the Paying Agent/Registrar, and the Holders, any right, remedy, or claim, legal or equitable, under or by reason of this Ordinance or any provision hereof, this Ordinance and all its provisions being intended to be and being for the sole and exclusive benefit of the City, the Paying Agent/Registrar and the Holders. SECTION 34: Inconsistent Provisions. All ordinances, orders, or resolutions, or parts thereof which are in conflict or inconsistent with any provision of this Ordinance are hereby repealed to the extent of such conflict and the provisions of this Ordinance shall be and remain controlling as to the matters contained herein. SECTION 35: Governing Law. This Ordinance shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. SECTION 36: Effect of Headings. The Section headings herein are for convenience only and shall not affect the construction hereof. SECTION 37: Severability. If any provision of this Ordinance or the application thereof to any circumstance shall be held to be invalid, the remainder of this Ordinance or the application thereof to other circumstances shall nevertheless be valid, and this governing body hereby declares that this Ordinance would have been enacted without such invalid provision. SECTION 38: Construction of Terms. If appropriate in the context of this Ordinance, words of the singular number shall be considered to include the plural, words of the plural number shall be considered to include the singular, and words of the masculine, feminine or neuter gender shall be considered to include the other genders. 0788562 -31- SECTION 39: Public Meeting. It is officially found, determined, and declared that the meeting at which this Ordinance is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this ordinance, was given, all as required by V.T.C.A., Government Code, Chapter 551, as amended. SECTION 40: Effective Date. This Ordinance shall take effect and be in force immediately from and after its adoption, and it is so ordained. PASSED AND ADOPTED, this August 16, 1994. CITY OF HHUU`NTTSSVVILLE, TEXAS � Mayor ATTES Dirt ity Secretary (City Sea'.) APPROVED: 'L City Attorney o198562 -32- EXHIBIT A PAYING AGENT/REGISTRAR AGREEMENT THIS AGREEMENT entered into as of August 16, 1994 (this "Agreement"), by and between the City of Huntsville, Texas (the "Issuer"), and U. S. Trust Company of Texas, N.A., a banking association duly organized and existing under the laws of the United States of America (the "Bank"). RECITALS WHEREAS, the Issuer has duly authorized and provided for the issuance of its "City of Huntsville, Texas, Tax and Hotel Occupancy Tax Surplus Revenue Certificates of Obligation, Series 1994" (the "Securities") in the aggregate principal amount of $500,000, which Securities are scheduled to be delivered to the initial purchasers on or about September 13, 1994; and WHEREAS, the Issuer has selected and the Bank has agreed to serve as Paying Agent/Registrar in connection with the payment of the principal of, premium, if any, and interest on said Securities and with respect to the registration, transfer and exchange thereof by the registered owners; and WHEREAS, the Bank represents it has full power and authority to perform and serve as Paying Agent/Registrar for the Securities; NOW, THEREFORE, it is mutually agreed as follows: ARTICLE ONE APPOINTMENT OF BANK AS PAYING AGENT AND REGISTRAR Section 1.01. Appointment. The Issuer hereby appoints the Bank to serve as Paying Agent with respect to the Securities, and, as Paying Agent for the Securities, the Bank shall be responsible for paying on behalf of the Issuer the principal, premium (if any), and interest on the Securities as the same become due and payable to the registered owners thereof; all in accordance with this Agreement and the "Bond Resolution" (hereinafter defined). The Issuer hereby appoints the Bank as Registrar with respect to the Securities and, as Registrar for the Securities, the Bank shall keep and maintain for and on behalf of the Issuer books and records as to the ownership of said Securities and with respect to the transfer and exchange thereof as provided herein and in the "Bond Resolution". The Bank hereby accepts its appointment, and agrees to serve as the Paying Agent and Registrar for the Securities. 0189869 Section 1.02. Compensation. As compensation for the Bank's services as Paying Agent/Registrar, the Issuer hereby agrees to pay the Bank the fees and amounts set forth in Annex A attached hereto for the remainder of the Fiscal Year during which the Agreement is executed and thereafter the fees and amounts set forth in the Bank's current fee schedule then in effect for services as Paying Agent/Registrar for municipalities, which shall be supplied to the Issuer on or before 90 days prior to the close of the Fiscal Year of the Issuer, and shall be effective upon the first day of the following Fiscal Year. This agreement assumes retention by the Paying Agent of the float on uninvested funds held in accounts by the Paying Agent. In addition, the Issuer agrees to reimburse the Bank upon its request for all reasonable expenses, disbursements and advances incurred or made by the Bank in accordance with any of the provisions hereof (including the reasonable compensation and the expenses and disbursements of its agents and counsel). ARTICLE TWO DEFINITIONS Section 2.01. Definitions. For all purposes of this Agreement, except as otherwise expressly provided or unless the context otherwise requires: "Acceleration Date" on any Security means the date on and after which the principal or any or all installments of interest, or both, are due and payable on any Security which has become accelerated pursuant to the terms of the Security. "Bank Office" means the principal office of the Bank as indicated on page 11 hereof. The Bank will notify the Issuer in writing of any change in location of the Bank Office. "Bond Resolution" means the resolution, order, or ordinance of the governing body of the Issuer pursuant to which the Securities are issued, certified by the Secretary or any other officer of the Issuer and delivered to the Bank. "Fiscal Year" means the fiscal year of the Issuer, ending September 30th. "Holder" and "Security Holder" each means the Person in whose name a Security is registered in the Security Register. "Issuer Request" and "Issuer Order" means a written request or order signed in the name of the Issuer by the 0189869 (( ��ii-2- /� Mayor, City Manager, Director of Finance or City Secretary, any one or more of said officials, and delivered to the Bank. "Legal Holiday" means a day on which the Bank is required or authorized to be closed. "Person" means any individual, corporation, partnership, joint venture, association, joint stock company, trust, unincorporated organization or government or any agency or political subdivision of a government. "Predecessor securities" of any particular Security means every previous Security evidencing all or a portion of the same obligation as that evidenced by such particular Security (and, for the purposes of this definition, any mutilated, lost, destroyed, or stolen Security for which a replacement Security has been registered and delivered in lieu thereof pursuant to Section 4.06 hereof and the Resolution). "Redemption Date" when used with respect to any Security to be redeemed means the date fixed for such redemption pursuant to the terms of the Bond Resolution. "Responsible Officer" when used with respect to the Bank means the Chairman or Vice-Chairman of the Board of Directors, the Chairman or Vice-Chairman of the Executive Committee of the Board of Directors, the President, any Vice President, the Secretary, any Assistant Secretary, the Treasurer, any Assistant Treasurer, the Cashier, any Assistant Cashier, any Trust Officer or Assistant Trust Officer, or any other officer of the Bank customarily performing functions similar to those performed by any of the above designated officers and also means, with respect to a particular corporate trust matter, any other officer to whom such matter is referred because of his knowledge of and familiarity with the particular subject. "Security Register" means a register maintained by the Bank on behalf of the Issuer providing for the registration and transfers of Securities. "Stated Maturity" means the date specified in the Bond Resolution the principal of a Security is scheduled to be due and payable. Section 2.02. Other Definitions. The terms "Bank," "Issuer," and "Securities (Security)" have the meanings assigned to them in the recital paragraphs of this Agreement. 0189869 -3- EXHIBIT A The term "Paying Agent/Registrar" refers to the Bank in the performance of the duties and functions of this Agreement. ARTICLE THREE PAYING AGENT Section 3.01. Duties of Paving Agent. As Paying Agent, the Bank shall, provided adequate collected funds have been provided to it for such purpose by or on behalf of the Issuer, pay on behalf of the Issuer the principal of each Security at its Stated Maturity, Redemption Date, or Acceleration Date, to the Holder upon surrender of the Security to the Bank at the following offices: BV Hand: By Mail: U. S. Trust Company U. S. Trust Company of Texas, N.A. of Texas, N.A. 65 Beaver Street P. O. Box 844 Lower Level Cooper Station New York, New York 10005 New York, New York 10276 As Paying Agent, the Bank shall, provided adequate collected funds have been provided to it for such purpose by or on behalf of the Issuer, pay on behalf of the Issuer the interest on each Security when due, by computing the amount of interest to be paid each Holder and making payment thereof to the Holders of the Securities (or their Predecessor Securities) on the Record Date. All payments of principal and/or interest on the Securities to the registered owners shall be accomplished (1) by the issuance of checks, payable to the registered owners, drawn on the fiduciary account provided in Section 5.05 hereof, sent by United States mail, first class, postage prepaid, to the address appearing on the Security Register or (2) by such other method, acceptable to the Bank, requested in writing by the Holder at the Holder's risk and expense. Section 3.02. Payment Dates. The Issuer hereby instructs the Bank to pay the principal of and interest on the Securities at the dates specified in the Bond Resolution. ARTICLE FOUR REGISTRAR Section 4.01. Security Register - Transfers and Exchanges. The Bank agrees to keep and maintain for and on behalf of the Issuer at the Bank Office books and records (herein sometimes referred to as the "Security Register") for recording the names and addresses of the Holders of the Securities, the transfer, exchange and replacement of the Securities and the payment of the 0189869 -4- T D.. principal of and interest on the Securities to the Holders and containing such other information as may be reasonably required by the Issuer and subject to such reasonable regulations as the Issuer and Bank may prescribe. All transfers, exchanges and replacement of Securities shall be noted in the Security Register. The Bank represents and warrants its office in Dallas, Texas will at all times have immediate access to the Security Register by electronic or other means and will be capable at all times of producing a hard copy of the Security Register at its Dallas office for use by the Issuer. All transfers, exchanges and replacement of Securities shall be noted in the Security Register. Every Security surrendered for transfer or exchange shall be duly endorsed or be accompanied by a written instrument of transfer, the signature on which has been guaranteed by an officer of a federal or state bank or a member of the National Association of Securities Dealers, in form satisfactory to the Bank, duly executed by the Holder thereof or his agent duly authorized in writing. The Bank may request any supporting documentation it feels necessary to effect a re-registration, transfer or exchange of the Securities. To the extent possible and under reasonable circumstances, the Bank agrees that, in relation to an exchange or transfer of Securities, the exchange or transfer by the Holders thereof will be completed and new Securities delivered to the Holder or the assignee of the Holder in not more than three (3) business days after the receipt of the Securities to be cancelled in an exchange or transfer and the written instrument of transfer or request for exchange duly executed by the Holder, or his duly authorized agent, in form and manner satisfactory to the Paying Agent/Registrar. Section 4.02. Certificates. The Issuer shall provide an adequate inventory of printed Securities to facilitate transfers or exchanges thereof. The Bank covenants that the inventory of printed Securities will be kept in safekeeping pending their use and reasonable care will be exercised by the Bank in maintaining such Securities in safekeeping, which shall be not less than the care maintained by the Bank for debt securities of other governments or corporations for which it serves as registrar, or that is maintained for its own securities. Section 4.03. Form of Security Register. The Bank, as Registrar, will maintain the Security Register relating to the registration, payment, transfer and exchange of the Securities in accordance with the Bank's general practices and procedures in effect from time to time. The Bank shall not be obligated to maintain such security Register in any form other than those which 0189869 -5- EXHIBIT A the Bank has currently available and currently utilizes at the time. The Security Register may be maintained in written form or in any other form capable of being converted into written form within a reasonable time. Section 4.04. List of Security Holders. The Bank will provide the Issuer at any time requested by the Issuer, upon payment of the required fee, a copy of the information contained in the Security Register. The Issuer may also inspect the information contained in the Security Register at any time the Bank is customarily open for business, provided that reasonable time is allowed the Bank to provide an up-to-date listing or to convert the information into written form. The Bank will not release or disclose the contents of the Security Register to any person other than to, or at the written request of, an authorized officer or employee of the Issuer, except upon receipt of a court order or as otherwise required by law. Upon receipt of a court order and prior to the release or disclosure of the contents of the Security Register, the Bank will notify the Issuer so that the Issuer may contest the court order or such release or disclosure of the contents of the Security Register. Section 4.05. Return of Cancelled Certificates. The Bank will, at such reasonable intervals as it determines, surrender to the Issuer, Securities in lieu of which or in exchange for which other Securities have been issued, or which have been paid. Section 4.06. Mutilated, Destroyed Lost or Stolen Securi- ties. The Issuer hereby instructs the Bank, subject to the provisions of Section 25 of the Bond Resolution, to deliver and issue Securities in exchange for or in lieu of mutilated, destroyed, lost, or stolen Securities as long as the same does not result in an overissuance. In case any Security shall be mutilated, or destroyed, lost or stolen, the Bank may execute and deliver a replacement Security of like form and tenor, and in the same denomination and bearing a number not contemporaneously outstanding, in exchange and substitution for such mutilated Security, or in lieu of and in substitution for such destroyed lost or stolen Security, only upon the approval of the Issuer and after (i) the filing by the Holder thereof with the Bank of evidence satisfactory to the Bank of the destruction, loss or theft of such Security, and of the authenticity of the ownership thereof and (ii) the furnishing to the Bank of indemnification in an amount satisfactory to hold the Issuer and the Bank harmless. All expenses and charges associated with such indemnity and with the preparation, execution and 0189869 -6- delivery of a replacement Security shall be borne by the Holder of the Security mutilated, or destroyed, lost or stolen. Section 4.07. Transaction Information to Issuer. The Bank will, within a reasonable time after receipt of written request from the Issuer, furnish the Issuer information as to the Securities it has paid pursuant to Section 3.01, Securities it has delivered upon the transfer or exchange of any Securities pursuant to Section 4.01, and Securities it has delivered in exchange for or in lieu of mutilated, destroyed, lost, or stolen Securities pursuant to Section 4.06. ARTICLE FIVE THE BANK Section 5.01. Duties of Bank. The Bank undertakes to perform the duties set forth herein and agrees to use reasonable care in the performance thereof. Section 5.02. Reliance on Documents, Etc. (a) The Bank may conclusively rely, as to the truth of the statements and correctness of the opinions expressed therein, on certificates or opinions furnished to the Bank. (b) The Bank shall not be liable for any error of judgment made in good faith by a Responsible Officer, unless it shall be proved that the Bank was negligent in ascertaining the pertinent facts. (c) No provisions of this Agreement shall require the Bank to expend or risk its own funds or otherwise incur any financial liability for performance of any of its duties hereunder, or in the exercise of any of its rights or powers, if it shall have reasonable grounds for believing that repayment of such funds or adequate indemnity satisfactory to it against such risks or liability is not assured to it. (d) The Bank may rely and shall be protected in acting or refraining from acting upon any resolution, certificate, statement, instrument, opinion, report, notice, request, direction, consent, order, bond, note, security, or other paper or document believed by it to be genuine and to have been signed or presented by the proper party or parties. Without limiting the generality of the foregoing statement, the Bank need not examine the ownership of any Securities, but is protected in acting upon receipt of Securities containing an endorsement or instruction of transfer or power of transfer which appears on its face to be signed by the Holder or an agent of the Holder. The Bank shall not be bound to make any investigation into the facts or matters stated in a resolution, certificate, statement, instrument, 0189869 -7- EXHIBIT A opinion, report, notice, request, direction, consent, order, bond, note, security, or other paper or document supplied by Issuer. (e) The Bank may consult with counsel, and the written advice of such counsel or any opinion of counsel shall be full and complete authorization and protection with respect to any action taken, suffered, or omitted by it hereunder in good faith and in reliance thereon. (f) The Bank may exercise any of the powers hereunder and perform any duties hereunder either directly or by or through agents or attorneys of the Bank. Section 5.03. Recitals of Issuer. The recitals contained herein with respect to the Issuer and in the Securities shall be taken as the statements of the Issuer, and the Bank assumes no responsibility for their correctness. The Bank shall in no event be liable to the Issuer, any Holder or Holders of any Security, or any other Person for any amount due on any Security from its own funds. Section 5.04. May Hold Securities. The Bank, in its individual or any other capacity, may become the owner or pledgee of Securities and may otherwise deal with the Issuer with the same rights it would have if it were not the Paying Agent/Registrar, or any other agent. Section 5.05. Moneys Held by Bank - Fiduciary Account/ Collateralization. A fiduciary account shall at all times be kept and maintained by the Bank for the receipt, safekeeping and disbursement of moneys received from the Issuer hereunder for the payment of the Securities, and money deposited to the credit of such account until paid to the Holders of the Securities shall be continuously collateralized by securities or obligations which qualify and are eligible under both the laws of the State of Texas and the laws of the United States of America to secure and be pledged as collateral for fiduciary accounts to the extent such money is not insured by the Federal Deposit Insurance Corporation. Payments made from such fiduciary account shall be made by check drawn on such fiduciary account unless the owner of such Securities shall, at its own expense and risk, request such other medium of payment. The Bank shall be under no liability for interest on any money received by it hereunder. Subject to the applicable unclaimed property laws of the State of Texas, any money deposited with the Bank for the payment of the principal, premium (if any), or interest on any Security and remaining unclaimed for four years after final maturity of the 0189869 -{[8��- T Security has become due and payable will be paid by the Bank to the Issuer, and the Holder of such Security shall thereafter look only to the Issuer for payment thereof, and all liability of the Bank with respect to such moneys shall thereupon cease. Section 5.06. Indemnification. To the extent permitted by law, the Issuer agrees to indemnify the Bank for, and hold it harmless against, any loss, liability, or expense incurred without negligence or bad faith on its part, arising out of or in connection with its acceptance or administration of its duties hereunder, including the cost and expense against any claim or liability in connection with the exercise or performance of any of its powers or duties under this Agreement. Section 5.07. Interpleader. The Issuer and the Bank agree that the Bank may seek adjudication of any adverse claim, demand, or controversy over its person as well as funds on deposit, in either a Federal or State District Court located in the State and County where either the Bank Office or the administrative offices of the Issuer is located, and agree that service of process by certified or registered mail, return receipt requested, to the address referred to in Section 6.03 of this Agreement shall constitute adequate service. The Issuer and the Bank further agree that the Bank has the right to file a Bill of interpleader in any court of competent jurisdiction to determine the rights of any Person claiming any interest herein. Section 5.08. DT Services. It is hereby represented and warranted that, in the event the Securities are otherwise qualified and accepted for "Depository Trust Company" services or equivalent depository trust services by other organizations, the Bank has the capability and, to the extent within its control, will comply with the "Operational Arrangements", effective August 1, 1987, which establishes requirements for securities to be eligible for such type depository trust services, including, but not limited to, requirements for the timeliness of payments and funds availability, transfer turnaround time, and notification of redemptions and calls. ARTICLE SIX MISCELLANEOUS PROVISIONS Section 6.01. Amendment. This Agreement may be amended only by an agreement in writing signed by both of the parties hereto. Section 6.02. Assignment. This Agreement may not be assigned by either party without the prior written consent of the other. 0189869 -9- EXHIBIT A 1 Section 6.03. Notices. Any request, demand, authorization, direction, notice, consent, waiver, or other document provided or permitted hereby to be given or furnished to the Issuer or the Bank shall be mailed or delivered to the Issuer or the Bank, respectively, at the addresses shown on page 11. Section 6.04. Effect of Headings. The Article and Section headings herein are for convenience only and shall not affect the construction hereof. Section 6.05. Successors and Assigns. All covenants and agreements herein by the Issuer shall bind its successors and assigns, whether so expressed or not. Section 6.06. Severability. In case any provision herein shall be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not in any way be affected or impaired thereby. Section 6.07. Benefits of Agreement. Nothing herein, express or implied, shall give to any Person, other than the parties hereto and their successors hereunder, any benefit or any legal or equitable right, remedy, or claim hereunder. Section 6.08. Entire Agreement. This Agreement and the Bond Resolution constitute the entire agreement between the parties hereto relative to the Bank acting as Paying Agent/Registrar and if any conflict exists between this Agreement and the Bond Resolution, the Bond Resolution shall govern. Section 6.09. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original and all of which shall constitute one and the same Agreement. Section 6.10. Termination. This Agreement will terminate (i) on the date of final payment of the principal of and interest on the Securities to the Holders thereof or (ii) may be earlier terminated by either party upon sixty (60) days written notice; provided, however, an early termination of this Agreement by either party shall not be effective until (a) a successor Paying Agent/Registrar has been appointed by the Issuer and such appointment accepted and (b) notice given to the Holders of the Securities of the appointment of a successor Paying Agent/Registrar. Furthermore, the Bank and Issuer mutually agree that the effective date of an early termination of this Agreement shall not occur at any time which would disrupt, delay or otherwise adversely affect the payment of the Securities. Upon an early termination of this Agreement, the Bank agrees to promptly transfer and deliver the Security Register (or a copy 0189869 -10- E�HIBF A � thereof), together with other pertinent books and records relating to the Securities, to the successor Paying Agent/Registrar designated and appointed by the Issuer. The provisions of Section 1.02 and of Article Five shall survive and remain in full force and effect following the termination of this Agreement. Section 6.11. Governing Law. This Agreement shall be construed in accordance with and governed by the laws of the State of Texas. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written. U.S. TRUST COMPANY OF TEXAS, N.A. BY Title: [SEAL] Attest: Address: 500 N. Akard, Suite 2100 Dallas, Texas 75201 Title: CITY OF HUNTSVILLE, TEXAS BY Mayor (CITY SEAL) Address: 1212 Avenue M Attest: Huntsville, Texas 77340 City Secretary 0189869 RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: ORDINANCE NO.94-25 REMOVAL OF CERTAIN SIGNS(STATUE SITE) 8-23-94 ORDINANCE NO.94-25 AN ORDINANCE OF THE CITY OF HUNTSVILLE,TEXAS, ORDERING THE REMOVAL OF CERTAIN SIGNS FROM PROPERTY OWNED IN FEE BY THE CITY;AND MAKING OTHER FINDINGS AND PROVISIONS RELATED THERETO. WHEREAS The City of Huntsville,Texas,has obtained fee title to property between Highway 75 South and Interstate 45 for the use of a visitor's center and statue site;and WHEREAS The City staff has requested that billboards on the property be removed;and WHEREAS There were no recorded leases or easements affecting the use of the property acquired by the City;and WHEREAS The owners of the signs have either not provided the City with copies of any lease agreements affecting the signs or the City believes that the lease agreements are invalid because they violate the rule against perpetuities; and WHEREAS The City's Staff has requested that the signs be removed and the sign owners have agreed to remove the signs;and WHEREAS The signs must be removed by September 1,1994,to accommodate the project at the visitor's center and statue site; NOW,THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE,TEXAS, THAT: SECTION 1: The City Attorney is hereby ordered to give written notice to the sign owners to remove their signs remaining on the City's property described above before September 1, 1994. SECTION 2: The City Manager is hereby ordered to remove from the City's property described above any signs remaining on September 1, 1994, or as soon thereafter as practicable. SECTION 3: This ordinance shall take effect immediately. APPROVED this the 23rd day of August, 1994. THE CITY OF HUNTSVILLE W.H.Hodges,Mayor ATTEST: 9-)J'djz'� Danns Welter,City Secretary APPROVED: Scott Bounds,City Attorney RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: ORDINANCE NO.94-26 AMEND PERSONNEL POLICIES 8-23-94 ORDINANCE NO.94-26 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE,TEXAS,AMENDING THE PERSONNEL RULES OF THE CITY OF HUNTSVILLE BY RESTRICTING LONGEVITY PAY TO CERTAIN FULL TIME EMPLOYEES;LIMITING HOLIDAY LEAVE ACCRUAL TO 80 HOURS PER YEAR; LIMITING JURY LEAVE TO REGULAR EMPLOYEES;AND BY PERMITTING CERTAIN CITY EMPLOYEES TO USE SICK LEAVE IN THE EVENT OF ON THE JOB INJURY; AND MAKING OTHER PROVISIONS RELATED THERETO. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE,TEXAS, that: SECTION 1: Chapter 8, Section 9, Longevity Pay, of the Personnel Rules of the City of Huntsville,Texas, is hereby amended to read: Section 9. Longevity. All ull-time classified employees will be paid$4.00 per month per year of service. See also Tex. Loc. Gov't Code§141.032. SECTION 2: Chapter 8,Section 1,Holidays,of the Personnel Rules of the City of Huntsville, Texas, is hereby amended to read: Section I. Holidays. New Year's Day, Good Friday, Memorial Day, Independence Day, Labor Day, Thanksgiving(last Thursday and Friday in November), Christmas(December 25 and an additional Christmas holiday to be determined by Council),the employee's birthday or any other recognized state,federal or religious holiday with Department Director approval after five(5)days notice,and such other days as may be declared by the City Council shall be observed as official holidays for City employees in accordance with the following rules: a. As many employees as possible shall be given each holiday off consistent with the maintenance of essential City functions. b. Temporary part-time and temporary full-time employees may be granted unpaid holidays. Permanent part-time employees shall be entitled to a partially paid holiday if the holiday is a regularly scheduled workday. C. A regular employee who works on a holiday as directed shall be paid for the time worked at his regular hourly pay rate and shall either be compensated by additional pay at one and one-half(1.5)times the employee's regular hourly rate for the hours actually worked or, with permission of the Department Director, accrue a day of holiday leave. d. An open salaried or exempt employee who works on an official holiday may reschedule a personal day off. e. If a holiday falls on Saturday,the preceding Friday shall be observed,and if a holiday falls on Sunday, the following Monday shall be observed. f. An employee in leave of absence without pay status on the holiday or on the scheduled work day immediately preceding or following shall not receive pay for the holiday. g. Employees desiring to observe religious holidays not coinciding with official holidays may be given time off without pay or may be authorized to use accrued vacation leave. h. No employee may accrue more than four(4)days of holiday leave except for extenuating circumstances approved in writing by the City Manager. i. For purposes of scheduling a holiday,a holiday shall have an hour value equal to the employee's regularly scheduled shift or workday. j. No person shall be entitled to additional holiday compensation at more than their regular hourly rate for more than ten(10)hours worked on any holiday unless approved by the City Manager. k No employee shall earn more than 80 hours holiday leave per calendar year. No employee may incur a negative holiday leave balance larger than 20 hours. When an employee is separated from City service any negative holiday leave balance shall be deducted from other leave benefits due to the employee. See also Tex. Loc. Gov't Code§142.0013. SECTION 3: Chapter 9, Section 5, Administrative Absence with Pay, of the Personnel Rules of the City of Huntsville,Texas, is hereby amended to read: Section 5. Administrative Absence with Pay. Employees shall be granted sufficient administrative absence with pay,when necessary, in order to vote in an official election. Permanent full-time or permanent part-time employees called for jury service shall be granted administrative absence with pay during such service and shall retain any fees paid by the courts. Employees excused or released from jury service shall report to their work stations in accordance with departmental instructions with jury slip from court. With the approval of the City Manager, a Department Head may grant an employee administrative absence with pay for purposes of attending a professional conference, convention, training activity, legislative proceeding, civic function or meeting, or for purposes of coordinating with governmental and private agencies and entities in the interest of the City. The City will make every attempt to offer an employee every opportunity to broaden his skills and develop his professional ability through schools, seminars and training sessions,dependent on the City's ability to pay and/or a work schedule as approved by his supervisor. The employee should notify his immediate supervisor of his desire to attend these schools. SECTION 4: This Ordinance shall take effect immediately. APPROVED this 23rd day of August, 1994. THE CITY OF HUNTSVILLE W. H. Hodges.Mayor ATTEST: 6sua—J-�—tL Danna Welter, City Secretary APPROVED AS TO FORM: Scott Boun s, ity Attorney RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: ORDINANCE 94-27 ADOPT ANNUAL BUDGET-FY 1994-95 9-13-94 ORDINANCE NO-94-27 AN ORDINANCE FINDING THAT ALL THINGS REOUISITE AND NECESSARY HAVE BEEN DONE IN PREPARATION AND PRESENTMENT OFAN ANNUAL BUDGET;APPROVING AND ADOPTING THE OPERATING AND CAPITAL IMPROVEMENTS BUDGET FOR THE CITY OF HUNTSVILLE,TEXAS,FOR THE PERIOD OCTOBER 1,1994,THROUGH SEPTEMBER 30,1995;AND PROVIDING FOR AN EFFECTIVE DATE HEREOF. WHEREAS the Charter of the City of Huntsville,Texas,and the statutes of the State of Texas require that an annual budget be prepared and presented to the City Council of the City of Huntsville,Texas,prior to the beginning of the fiscal year of such City,and that a public hearing be held prior to the adoption of such budget;and WHEREAS the budget for the year October 1,1994,through September 30,1995,has been presented to the City Council,a public hearing has been held with all notice as required by law, and all comments and objections have been considered;and WHEREAS a copy of the proposed budget has been filed with the City Secretary and available for public inspection at least fifteen days prior to the budget hearing and tax levy for the fiscal year 1994-1995; NOW,THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE,TEXAS, that: SECTION 1: The budget for the City of Huntsville,Texas,now before the City Council for consideration, is adopted as the budget for the City for the period of October 1,1994,through September 30,1995. SECTION 2: The appropriation for the ensuing fiscal year for the operations budget shall be fixed and determined as follows: I. General Fund $ 7,485,649 II. General Debt Service Fund 677,926 III. Water and Sewer Fund 7,748,060 IV. Sanitation Fund 2.561.776 Total Operating Funds $ 18-473,411 SECTION 3: The appropriation for the ensuing fiscal year for the capital improvement budget shall be fixed and determined as follows: I. Street Improvements $ 3 317,823 677 II. Water&Sewer Projects 233,427 III. Capital Construction Crew 150,000 IV. Extension Fund V. Downtown Revitalization Project 237,669 VI. Sanitation Projects 60.000 Total Capital Improvements $ 4.740.596 SECTION 4: The City Secretary is directed to maintain a copy of the adopted budget,to file a copy thereof with the City Library and the County Clerk, and to publish a notice indicating the availability of the budget. SECTION 5: This ordinance shall take effect immediately after its passage. PASSED AND APPROVED on this the 13th day of September,1994, THE CITY OF HUNTSVILLE,TEXAS W.H.Hodges, ay ATTEST: Danna Welter,City Secretary APPROVED AS TO FORM: Scot-duntls,City Attorney 3 RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: ORDINANCE 94-28 ADOPT TAX RATE($.3844)FY 1994-95 9-13-94 ORDINANCE NO.94-28 AN ORDINANCE ADOPTING THE TAX RATE AND LEVYING TAXES FOR THE CITY OF HUNTSVILLE FOR THE ENSUING FISCAL YEAR UPON ALL TAXABLE PROPERTY LOCATED WITHIN AND SUBJECT TO TAXATION IN THE CITY;AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE,TEXAS,that: SECTION 1: There is levied and assessed and shall be collected for the fiscal year ending September 30,1995,an ad valorem tax of NO AND 38.44/100($0.3844)DOLLARS for each ONE HUNDRED ($100.00) DOLLARS of assessed value of property located within the city limits of Huntsville,Texas,on January 1,1994,made taxable by law,which when collected,shall be apportioned among funds and departments of the city government of the City of Huntsville for these purposes: General Fund Operations $0.21682 Debt Service for Payment of General Obligation Indebtedness 0.16758 $0.3844 SECTION 2: All property upon which a tax is levied shall be assessed on the basis of 100 percent of its appraised value. Property Tax Code§26.02. SECTION 3: This ordinance shall take effect from and after its passage by City Council. PASSED AND APPROVED this 13th day of September,1994. THE CITY OF HUNTSVILLE,TEXAS H.Ho ges,lyrayo ATTEST: � Welter,na l ato arena City Secretary 4REASF0RUI: Attorney 4 RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: ORDINANCE 94-29 ANNEXATION-SOUTHWOOD DRIVE 9-13-94 ORDINANCE NO.94-29 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, PROVIDING FOR THE ANNEXATION OF CERTAIN TERRITORY(SOUTHWOOD DRIVE)THAT LIES ADJACENT TO AND ADJOINS THE PRESENT BOUNDARY LIMITS OF THE CITY OF HUNTSVILLE, TEXAS; APPROVING A SERVICE PLAN FOR THE AREA;AND MAKING VARIOUS OTHER FINDINGS AND PROVISIONS RELATED THERETO. WHEREAS Pursuant to Ordinance 94-20, the City of Huntsville ordered public hearings where all interested persons would be provided the opportunity to be heard on the proposed annexation of the property described in Exhibit"A"attached hereto;and WHEREAS Notices of such public hearings were published in the Huntsville Item, a paper having general circulation in the City of Huntsville,Texas and Walker County, Texas,on Sunday,July 31, 1994,and Sunday,August 7,1994,which dates were not more than 20 days nor less than 10 days prior to the date of the opening of such public hearings; and WHEREAS The public hearings were held at 5:30 p.m. on Thursday, August 11, 1994,and Thursday, August 18, 1994, in the City Council Chambers of the City Council at City Hall, 1212 Avenue M,Huntsville,Texas, which dates are not more than 40 days nor less than 20 days prior to the consideration of this ordinance;and WHEREAS During the hearings the proposed service plan was made available for inspection and explained to the inhabitants of the areas to be annexed at that time; and WHEREAS The City of Huntsville has a population in excess of 25,000 but less than 49,999 inhabitants; and WHEREAS The above described property lies within the extraterritorial jurisdiction of the City of Huntsville,Texas;and WHEREAS The corporate area of the City of Huntsville, Texas, was approximately 13,284 acres on the 1st day of January, 1994;and NOW,THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE,TEXAS,that: Section 1: The following described land and territory lying adjacent to and adjoining the City of Huntsville,Texas,is hereby added and annexed to the City of Huntsville, Texas,and the territory hereinafter described shall hereinafter be included within the boundary limits of the City of Huntsville, Texas, and the present boundary limit of the City, at the various points contiguous to the area hereinafter described,are altered and amended so as to include the area within the corporate limits of the City of Huntsville Texas, described in"Exhibit A", attached. Section 2: The Service Plan attached to this ordinance(Exhibit"B"),and made a part hereof for intents and purposes, is hereby adopted and approved as the Service Plan for the area annexed by this ordinance. Section 3: The above described territory and the area so annexed shall be a part of the City of Huntsville,Texas,and the property so added shall bear its pro rata part of the taxes levied by the City of Huntsville,Texas,and the inhabitants thereof shall be entitled to all of the rights and privileges of all the citizens of Huntsville and shall be bound by the acts, ordinances, resolutions and regulations of the City of Huntsville,Texas. Section 4: Upon final passage,the property previously restricted as single family residential shall be zoned as "NC", neighborhood conservation district, and all other property shall be zoned as"M",management district as shown on the amendment to the official zoning map of the City, attached hereto as "Exhibit C". This zoning classification shall be temporary. The City Planning Officer and City Planning and Zoning Commission are hereby directed to commence proceedings to make a recommendation to City Council for permanent zoning within six(6) months. Section 5: The City Secretary shall file a certified copy of this ordinance with the County Clerk within thirty(30)days of notice of U. S. Justice Department approval of this annexation. Section 6: This ordinance shall take effect immediately upon its passage by Council. PASSED AND APPROVED this the 13th day of September, 1994. THE CITY OF HUNTSVILLE W. H. Hodges,May r ATTEST: me,s.aJ-C.(�)— Danna Welter,City Secretary APPROVED: -. • / Scott Bounds,City Attorney "EXHIBIT A" SOUTHWOOD DRIVE Beginning at the intersection of the south right-of-way line of Southwood Drive with the southwest boundary of the J. TINSLEY SURVEY, Abstract No. 548, same being an eastern boundary of the E.DAVIDS SURVEY,Abstract No. 157,said point lying on the existing City limits as established by Ordinance 81-1, dated January 13, 1981; THENCE N25°W along the common lines of the TINSLEY and DAVIDS SURVEYS, to a western corner of the TINSLEY SURVEY, same being an ell corner in the east boundary of Lot 34 out of the Southwood Subdivision as described in a plat recorded in Volume 117,Page 403, in the Walker County Deed Records; THENCE continuing with the common boundary of said TINSLEY and DAVIDS SURVEYS, same being the east boundary of said Lot 34, as follows: 1) N65°E-614.0 feet to an angle point;and 2) North-111.0 feet to a corner at the northeast corner of said Southwood Subdivision, same being the southeast corner of the W. MUNSON SURVEY, Abstract No. 379; THENCE Westerly, with the north boundary of said subdivision and the common boundary of said DAVIDS and MUNSON SURVEYS, for a distance of 3889 feet to the northwest comer of Lot 24 of said subdivision, same being an ell corner of the DAVIDS SURVEY and the southwest corner of the MUNSON SURVEY,said corner being also in the east line of Lot 23 of said subdivision; THENCE N01°W,with the common boundary of DAVIDS and MUNSON SURVEYS, same being the east line of said Lot 23, for a distance of 427.8 feet to the northeast comer of said Lot 23; THENCE S88°W, along the north line of said subdivision, at 2154.00 feet pass the northeast corner of The Timberwoods Subdivision as recorded in Volume 1,Page 35 of the Plat Records of Walker County, Texas, continuing with the north line of said Timberwoods Subdivision to the intersection of the existing City limits as established by Ordinance dated June 10, 1969 and recorded in Volume 221, Page 502, Deed Records; THENCE along the existing city limits in a southeasterly direction to the north right-of- way line of said Southwood Drive; THENCE Westerly with the north right-of-way line of said Southwood Drive to its intersection with the northeast right-of-way line of S. H. 75; THENCE in a southeasterly direction with the northeast right-of-way line of said S. H. 75 to the intersection of said S.H.75 with the south right-of-way line of said Southwood Drive; THENCE Easterly with the south right-of-way line of said Southwood Drive,same being the north boundary of the Goree State Prison Farm,to the POINT OF BEGINNING. "EXHIBIT B" CITY OF HUNTSVILLE, TEXAS MUNICIPAL SERVICE PLAN SOUTHWOOD DRIVE INTRODUCTION Pursuant to Texas Local Government Code,Chapter 43-Municipal Annexation,the City of Huntsville,Texas,has prepared this Service Plan for the delivery of municipal services to the territory proposed for annexation. The proposed tracts are all located adjacent to the present existing City limits and within the City's ETJ. Texas law establishes the concept of extra- territorial jurisdiction(ETJ)for cities based on their number of inhabitants. For cities,such as Huntsville, with between 25,000 and 50,000 inhabitants, the ETT is two(2) miles. The city may annex up to ten percent(10%)of its total area each year. This(10%)may be accumulated year to year if the City does not annex additional territory or annexes less than the maximum. The City of Huntsville has not annexed any territory since 1984. The City Council of the City of Huntsville may annex thirty percent (30%) of its ETJ boundary areas, which equals approximately 4,000 acres of non-public land in 1994. The areas contain approximately 1,206 single family residences and 44 business establishments. Based on household population figures established by the 1990 census,the approximately 1,206 single family residences are estimated to contain approximately 2.32 inhabitants per dwelling. Based on the number of houses and inhabitants,the density for the entire area is calculated to be approximately 393.52 people per square mile,compared to the City's current density of 1,345 per square mile. 1 Annexation of these areas will provide the residents in the areas with the full privileges and responsibilities associated with living in a city. Annexation should not result in any unmanageable cost expenditures to the City. Three municipal services - water distribution, sanitary sewage collection and solid waste collection and disposal -are directly cost recoverable through user fees. Municipal services supported by municipal taxation,such as library facilities,parks and recreational activities,are already available and used by county residents. Other tax supported services such as police protection,code enforcement,general government activities and routine street maintenance will be extended through existing programs and staff. No significant increases in municipal staff are expected in the near future as a result of these proposed annexations to the city limits alone. Using the most recent assessed values, provided by the Walker County Appraisal District,the land,improvements and personal property within all the areas proposed for annexation are valued at approximately$110,606,200 which,with a tax rate of$.3844 per$100 value, will generate$425,170 in new property tax revenues. Planning a city's growth is no easy task as social,political, economic and fiscal issues must be considered. The benefits that are derived from an annexation program are usually not immediate. It is doubtful that most annexations pay for themselves immediately. Over the long term, however, it is thought to be much more fiscally responsible to manage growth early on rather than to try and correct it 10 or 20 years after the fact. The fact is that uncontrolled growth outside the city limits will be tomorrow's problems if a city doesn't exert some control in the development process. Therefore,annexation is usually fiscally beneficial in the long term, but not in the short term. 2 GENERAL GOVERNMENTAL SERVICES The City of Huntsville provides a variety of general services to the citizens of the City. In accordance with the State annexation law,the following municipal services shall be provided upon annexation of an area by the City of Huntsville: 1. Police service will be extended to the area immediately upon annexation. These activities will include normal patrols,responses,the handling of complaints and incident reports. Additional capital improvements are not necessary at this time to provide police protection to the area. 2. Fire service to the annexed area, provided by the Huntsville Fire Department, will be immediately available to the area within the limitations of available water and current fire stations. Additional capital improvements are not necessary at this time to provide fire protection to the area. Fire inspections will be made in accordance with city policies. 3. Library services, through the Huntsville Public Library, will be available immediately to the annexed area. 4. City Parks and Recreation facilities do not exist in the annexed area. The City,however, operates 17 community parks that are available for the use of city residents. These parks include Kate Barr Ross Memorial Park, Emancipation Park, Thomas Henry Ball Park and Thomason Park. Recreational and athletic programs and facilities are available at these parks for City residents. Additionally, the City sponsors a variety of summer recreational programs that will be available to the annexed area. No capital improvements are necessary at this time to provide recreation services to the area. 3 5. Code enforcement services will be provided immediately upon annexation by the Central Inspection Division for the City's Public Works Department. These services include building, mechanical,plumbing and sanitary inspection. Animal Control services will be provided immediately. No capital improvements are necessary at this time to provide code enforcement services to the area. 6. Street lighting services in the area will be assumed by the City immediately upon annexation. A representative of the City will contact Entergy and/or Mid-South Electric concerning the existence of any public street lighting facilities in the annexed area; if such facilities exist, the City will immediately assume the operational costs. Residents of the area desiring the erection of street lighting facilities may contact the City for a determination of need for the installation of a street light according to the current city policy. 7. The facilities at the Huntsville Municipal Airport will be available to the annexed territory. 8. The City shall commence regular maintenance of the streets and drainage facilities in the annexed territory within 60 days. Traffic signs,street markings and other traffic control devices will be installed as the need is established by appropriate traffic standards and city policies. Existing streets and drainage facilities shall be maintained in at least the same condition at which they were annexed. Additional roads,streets or related facilities are not necessary at this time to serve the area. Major rehabilitation or upgrading to the street and drainage facilities,if needed,will be included in future Capital Improvements 4 Budgets of the City. Actual construction of capital street and drainage facilities shall be dependent on the prioritization of the project and the availability of funds. 9. All properties previously restricted for single family residential use will be placed in a 'Inc"-neighborhood conservation zoning district. All other properties will be placed in a"m"-management zoning district. Subsequent district changes will be in accordance with City ordinances and state law. 10. Except as specifically provided herein,it is not necessary to acquire,construct,or locate any facilities, buildings or services within the area being annexed. The area will be included with all other territory in the City in connection with planning for new,revised or expanded services. SANITATION Collection of solid waste shall commence within 60 days. The revenues generated at the current rate will be sufficient to cover collection and disposal cost. Residential service will be uniform throughout the City. Currently residential collection service is garbage/trash pickup two (2) times per week. Residential brush pickup is also provided with some limitations. Commercial service depends on need. Some commercial collection services in the areas to be annexed are already provided by the City. Except as specifically provided herein,it is not necessary to acquire,construct,or locate any facilities,buildings or services within the area being annexed. The area will be included with all other territory in the City in connection with planning for new, revised or expanded services. 5 PUBLIC WATER FACILITIES The City of Huntsville operates and maintains its public water supply system. Those City water mains that exist in the annexed area will continue to be so maintained. Service connections and service fees will be at the standard rates as established by ordinance. Extension of water mains are handled through the Utility Extension Policy of the City. Any private water systems will remain private and may continue to service their existing customers. Extensions to these facilities will be permitted only as allowed by state and federal law. The area will be included with all other territory in the City in connection with planning for new, revised or expanded public water facilities,except where limited by federal or state laws protecting existing private water systems. Except as specifically provided herein,it is not necessary to acquire,construct,or locate any facilities, buildings or services within the area being annexed. The area will be included with all other territory in the City in connection with planning for new, revised or expanded services. PUBLIC SEWER FACILITIES The City owns, operates and maintains all of its sanitary sewer system. City owned wastewater collection/treatment, facilities in the annexed area will be maintained by the City. There are not other publicly owned wastewater collection/treatment facilities in the area to be acquired or maintained by the City. Commonly used private sewer systems may continue to operate subject to applicable State laws and City ordinances. Service connections, extensions and service fees will be at the standard rates as established by ordinance by Council. Extension of sewer mains to properties not currently will be made consistent with the City's Utility 6 Extension Policy. The annexed areas will be included with all other territory in the City in connection with planning for new,revised or expanded wastewater facilities. Except as specifically provided herein,it is not necessary to acquire,construct,or locate any facilities, buildings or services within the area being annexed. The area will be included with all other territory in the City in connection with planning for new, revised or expanded services. VOTING All persons eligible to vote shall be immediately eligible to participate in City elections, subject only to approval of the U.S.Department of Justice. Each area will be placed in a City ward based upon its contiguousness and population. 7 SOUTHWOOD DRIVE LOCATION: Southeast of city, north of the Goree unit of the Texas Department of Criminal Justice. TOTAL AREA: 110 acres. LAND USE: The predominate land use is single family residential on large estate type lots (average size about 5 acres). No commercial or industrial uses are known to exist in the area. POPULATION: It is estimated that approximately 36 persons reside in the area. These residents are generally middle income non-minority. STREETS: Approximately 1.25 miles of street exists in the area. This street, Southwood Drive has a non-curbed,paved surface. EXISTING UTILITIES: Municipal water is available to all sections of the area. Due to topographical land use and population density,sewerage facilities have not been extended,resulting in the use of individual disposal systems. Since the average lot size is approximately five(5)acres,the method of sewage disposal has not created a problem. 8 414 233 75 YETIiso 164/ / 17 set 1\ Q93 way 1 M Vi'MltNSdN J �i fS3 l rs C '.Q 2'Tar 6jll U/S.A. Hoke I .. '., 82A31 9.0 ;Staie,o(Texas FhsonSysjem ' Il ` 6,628 %6.88 \ry ° STATE -PRISO�N� FARM. GENERAL CHARACTERISTICS AREA TO BE ANNEXED: SOUTHWOOD DRIVE ACREAGE PRIVATE 104 PUBLIC 6 TOTAL 110 NUMBER OF DWELLING UNITS: 16 NUMBER OF COMMERCIAL/ INDUSTRIAL UNITS: -0- ESTIMATED POPULATION: 36 LOCATION MAP 9 .. . :.. . .. .. . "EXHIBIT U • NC Temporary Zoning Districtsr per 1994 Annexation \ \\ Management District Neighborhood Conservation " . SOUTHWO OD DRIVE RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: ORDINANCE 94-30 ANNEXATION-HIGHWAY 75 SOUTH 9-13-94 ORDINANCE NO.94-30 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, PROVIDING FOR THE ANNEXATION OF CERTAIN TERRITORY(HIGHWAY 75 SOUTH)THAT LIES ADJACENT TO AND ADJOINS THE PRESENT BOUNDARY LIMITS OF THE CITY OF HUNTSVILLE, TEXAS; APPROVING A SERVICE PLAN FOR THE AREA;AND MAKING VARIOUS OTHER FINDINGS AND PROVISIONS RELATED THERETO. WHEREAS Pursuant to Ordinance 94-20, the City of Huntsville ordered public hearings where all interested persons would be provided the opportunity to be heard on the proposed annexation of the property described in Exhibit"A"attached hereto;and WHEREAS Notices of such public hearings were published in the Huntsville Item, a paper having general circulation in the City of Huntsville, Texas and Walker County, Texas,on Sunday,July 31, 1994,and Sunday,August 7, 1994,which dates were not more than 20 days nor less than 10 days prior to the date of the opening of such public hearings;and WHEREAS The public hearings were held at 5:30 p.m.on Thursday, August 11, 1994,and Thursday, August 18, 1994, in the City Council Chambers of the City Council at City Hall, 1212 Avenue M,Huntsville,Texas, which dates are not more than 40 days nor less than 20 days prior to the consideration of this ordinance; and WHEREAS During the hearings the proposed service plan was made available for inspection and explained to the inhabitants of the areas to be annexed at that time;and WHEREAS The City of Huntsville has a population in excess of 25,000 but less than 49,999 inhabitants; and WHEREAS The above described property lies within the extraterritorial jurisdiction of the City of Huntsville, Texas;and WHEREAS The corporate area of the City of Huntsville, Texas,was approximately 13,284 acres on the 1st day of January, 1994;and NOW,THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE,TEXAS,that: Section 1: The following described land and territory lying adjacent to and adjoining the City of Huntsville,Texas,is hereby added and annexed to the City of Huntsville, Texas,and the territory hereinafter described shall hereinafter be included within the boundary limits of the City of Huntsville, Texas, and the present boundary limit of the City, at the various points contiguous to the area hereinafter described,are altered and amended so as to include the area within the corporate limits of the City of Huntsville Texas,described in "Exhibit A",attached. Section 2: The Service Plan attached to this ordinance(Exhibit"B"),and made a part hereof for intents and purposes, is hereby adopted and approved as the Service Plan for the area annexed by this ordinance. Section 3: The above described territory and the area so annexed shall be a part of the City of Huntsville,Texas,and the property so added shall bear its pro rata part of the taxes levied by the City of Huntsville,Texas,and the inhabitants thereof shall be entitled to all of the rights and privileges of all the citizens of Huntsville and shall be bound by the acts, ordinances, resolutions and regulations of the City of Huntsville, Texas. Section 4: Upon final passage,the property previously restricted as single family residential shall be zoned as "NC", neighborhood conservation district, and all other property shall be zoned as"M",management district as shown on the amendment to the official zoning map of the City, attached hereto as "Exhibit C". This zoning classification shall be temporary. The City Planning Officer and City Planning and Zoning Commission are hereby directed to commence proceedings to make a recommendation to City Council for permanent zoning within six(6) months. Section 5: The City Secretary shall file a certified copy of this ordinance with the County Clerk within thirty(30)days of notice of U. S. Justice Department approval of this annexation. Section 6: This ordinance shall take effect immediately upon its passage by Council. PASSED AND APPROVED this the 13th day of September, 1994. THE CITY OF HUNTSVILLE W. H. Hodges,Mayor ATTEST: VDanna Welter, City Secretary APP OVED: iL� Scott Bounds, City Attorney "EXHIBIT A" S.H.75 SOUTH BEGINNING at a concrete monument for a northeast corner of Section One of Elkins Lake Subdivision as per plat recorded in Volume 174,Page 569,Deed Records,said point being at a south corner of a called 1000 acre tract conveyed by Joseph Baldwin to the State of Texas(T.D.C.Goree), dated January 28, 1982 and recorded in Volume 6,Page 628,Deed Records and also being in the north line of the H. D. RIPLEY SURVEY, Abstract No.489 and the south line of E. DAVIDS SURVEY, Abstract No. 157,said point being in the south line of an existing city limit line as per Ordinance No. 80-51 known as Area"P"and dated October 14, 1980 and also in the southwest right-of-way line of I. H.45; THENCE westerly across I.H. 45 and the common line of said RIPLEY and DAVIDS SURVEYS, pass a concrete monument in the northeast right-of-way line of S.H. 75, same being the northwest corner of a called 5.0 acre tract as described in a Deed from Gibbs Brothers&Co.to Elkins Lake Baptist Church,dated November 5, 1971 and recorded in Volume 240,Page 195,Deed Records of Walker County,Texas,continuing with the common lines of said RIPLEY and DAVIDS SURVEYS, at 1052.80 feet pass the northeast corner of said 5.00 acre tract,same being the northwest corner of another 5.0 acre tract,conveyed from Robert McCann to Elkins Lake Baptist Church,dated October 20, 1976 and recorded in Volume 274, Page 670, Deed Records, continuing easterly with the common boundary line of said RIPLEY SURVEY and DAVIDS SURVEY,for a total distance of 2052.80 feet to a concrete monument with brass cap for the most northern northeast corner of said RIPLEY SURVEY, same being the northwest corner of the A.BROWN SURVEY,Abstract No.94 and being the northeast corner of said 5.00 acre tract described in Volume 274,Page 670; THENCE S00°l I'W, with the east line of said 5.00 acre tract at 217.8 feet pass its southeast corner,continuing southerly for a total distance of 277.8 feet to a point on the south right-of-way line of a 60 foot road; THENCE Westerly with the south right-of-way line of said 60 foot road to the northeast corner of a called 20.62 acre tract as described in a Substitute Trustee's Deed from Graf Investments,Inc.to Lynes,Inc.,dated March 7, 1989 and recorded in Volume 091,Page 606,Official Records; THENCE S34°53'E,with the northeast line of said 20.62 acre tract,for a distance of 236.8 feet to the east corner of said 20.62 acre tract; THENCE S55°07'W,with the southeast line of said 20.62 acre tract,for a distance of 435.60 feet to the north corner of a called 20.00 acre tract as described in a Deed from Carlisle Corporation to McMurry Oil Tools, Inc., dated March 18, 1992 and recorded in Volume 0163, Page 834, Official Records; THENCE S34°53'E,with the northeast line of said 20.00 acre tract for a distance of 1000.00 feet to its east corner; THENCE S55°07'W,with the southeast line of said 20.00 acre tract,for a distance of 871.2 feet to its south corner in the northeast right-of-way line of said S.H.75; THENCE southeasterly along the northeast right-of-way line of said S. H.75 to a point where the southeast line of a called 5.785 acre tract as described in a Gift Deed from Gibbs Brothers & Company to the City of Huntsville, dated March 17, 1994 and recorded in Volume 0221, Page 337, Official Records if extended would intersect the northeast right-of-way line of said S.H.75; THENCE S52°26'34.1"W,across said S.H.75,pass the east and south corners of said 5.785 acre tract,continuing across I.H.45 to a point in the southwest right-of-way line of said I.H.45; THENCE northwesterly with the southwest right-of-way line of said I.H.45,to POINT OF BEGINNING. "EXHIBIT B" CITY OF HUNTSVILLE, TEXAS MUNICIPAL SERVICE PLAN HWY. 75 (SOUTH) INTRODUCTION Pursuant to Texas Local Government Code,Chapter 43-Municipal Annexation,the City of Huntsville,Texas,has prepared this Service Plan for the delivery of municipal services to the territory proposed for annexation. The proposed tracts are all located adjacent to the present existing City limits and within the City's ETJ. Texas law establishes the concept of extra- territorial jurisdiction(ETJ)for cities based on their number of inhabitants. For cities, such as Huntsville, with between 25,000 and 50,000 inhabitants, the ETJ is two(2) miles. The city may annex up to ten percent(10%)of its total area each year. This(10%)maybe accumulated year to year if the City does not annex additional territory or annexes less than the maximum. The City of Huntsville has not annexed any territory since 1984. The City Council of the City of Huntsville may annex thirty percent (30%) of its ETJ boundary areas, which equals approximately 4,000 acres of non-public land in 1994. The areas contain approximately 1,206 single family residences and 44 business establishments. Based on household population figures established by the 1990 census,the approximately 1,206 single family residences are estimated to contain approximately 2.32 inhabitants per dwelling. Based on the number of houses and inhabitants, the density for the entire area is calculated to be approximately 393.52 people per square mile,compared to the City's current density of 1,345 per square mile. 1 Annexation of these areas will provide the residents in the areas with the full privileges and responsibilities associated with living in a city. Annexation should not result in any unmanageable cost expenditures to the City. Three municipal services - water distribution, sanitary sewage collection and solid waste collection and disposal -are directly cost recoverable through user fees. Municipal services supported by municipal taxation,such as library facilities,parks and recreational activities,are already available and used by county residents. Other tax supported services such as police protection,code enforcement,general government activities and routine street maintenance will be extended through existing programs and staff. No significant increases in municipal staff are expected in the near future as a result of these proposed annexations to the city limits alone. Using the most recent assessed values, provided by the Walker County Appraisal District,the land,improvements and personal property within all the areas proposed for annexation are valued at approximately$110,606,200 which,with a tax rate of$.3844 per$100 value,will generate$425,170 in new property tax revenues. Planning a city's growth is no easy task as social,political, economic and fiscal issues must be considered. The benefits that are derived from an annexation program are usually not immediate. It is doubtful that most annexations pay for themselves immediately. Over the long term, however, it is thought to be much more fiscally responsible to manage growth early on rather than to try and correct it 10 or 20 years after the fact. The fact is that uncontrolled growth outside the city limits will be tomorrow's problems if a city doesn't exert some control in the development process. Therefore,annexation is usually fiscally beneficial in the long term, but not in the short term. 2 GENERAL GOVERNMENTAL SERVICES The City of Huntsville provides a variety of general services to the citizens of the City. In accordance with the State annexation law,the following municipal services shall be provided upon annexation of an area by the City of Huntsville: 1. Police service will be extended to the area immediately upon annexation. These activities will include normal patrols,responses, the handling of complaints and incident reports. Additional capital improvements are not necessary at this time to provide police protection to the area. 2. Fire service to the annexed area, provided by the Huntsville Fire Department, will be immediately available to the area within the limitations of available water and current fire stations. Additional capital improvements are not necessary at this time to provide fire protection to the area. Fire inspections will be made in accordance with city policies. 3. Library services, through the Huntsville Public Library, will be available immediately to the annexed area. 4. City Parks and Recreation facilities do not exist in the annexed area. The City,however, operates 17 community parks that are available for the use of city residents. These parks include Kate Barr Ross Memorial Park, Emancipation Park, Thomas Henry Ball Park and Thomason Park. Recreational and athletic programs and facilities are available at these parks for City residents. Additionally, the City sponsors a variety of summer recreational programs that will be available to the annexed area. No capital improvements are necessary at this time to provide recreation services to the area. 3 5. Code enforcement services will be provided immediately upon annexation by the Central Inspection Division for the City's Public Works Department. These services include building, mechanical,plumbing and sanitary inspection. Animal Control services will be provided immediately. No capital improvements are necessary at this time to provide code enforcement services to the area. 6. Street lighting services in the area will be assumed by the City immediately upon annexation. A representative of the City will contact Entergy and/or Mid-South Electric concerning the existence of any public street lighting facilities in the annexed area; if such facilities exist, the City will immediately assume the operational costs. Residents of the area desiring the erection of street lighting facilities may contact the City for a determination of need for the installation of a street light according to the current city policy. 7. The facilities at the Huntsville Municipal Airport will be available to the annexed territory. S. The City shall commence regular maintenance of the streets and drainage facilities in the annexed territory within 60 days. Traffic signs,street markings and other traffic control devices will be installed as the need is established by appropriate traffic standards and city policies. Existing streets and drainage facilities shall be maintained in at least the same condition at which they were annexed. Additional roads,streets or related facilities are not necessary at this time to serve the area. Major rehabilitation or upgrading to the street and drainage facilities,if needed,will be included in future Capital Improvements 4 Budgets of the City. Actual construction of capital street and drainage facilities shall be dependent on the prioritization of the project and the availability of funds. 9. All properties previously restricted for single family residential use will be placed in a "nc"-neighborhood conservation zoning district. All other properties will be placed in a"m"-management zoning district. Subsequent district changes will be in accordance with City ordinances and state law. 10. Except as specifically provided herein,it is not necessary to acquire,construct,or locate any facilities, buildings or services within the area being annexed. The area will be included with all other territory in the City in connection with planning for new,revised or expanded services. SANITATION Collection of solid waste shall commence within 60 days. The revenues generated at the current rate will be sufficient to cover collection and disposal cost. Residential service will be uniform throughout the City. Currently residential collection service is garbage/trash pickup two (2) times per week. Residential brush pickup is also provided with some limitations. Commercial service depends on need. Some commercial collection services in the areas to be annexed are already provided by the City. Except as specifically provided herein,it is not necessary to acquire,construct,or locate any facilities,buildings or services within the area being annexed. The area will be included with all other territory in the City in connection with planning for new, revised or expanded services. 5 PUBLIC WATER FACILITIES The City of Huntsville operates and maintains its public water supply system. Those City water mains that exist in the annexed area will continue to be so maintained. Service connections and service fees will be at the standard rates as established by ordinance. Extension of water mains are handled through the Utility Extension Policy of the City. Any private water systems will remain private and may continue to service their existing customers. Extensions to these facilities will be permitted only as allowed by state and federal law. The area will be included with all other territory in the City in connection with planning for new, revised or expanded public water facilities,except where limited by federal or state laws protecting existing private water systems. Except as specifically provided herein,it is not necessary to acquire,construct,or locate any facilities, buildings or services within the area being annexed. The area will be included with all other territory in the City in connection with planning for new, revised or expanded services. PUBLIC SEWER FACILITIES The City owns, operates and maintains all of its sanitary sewer system. City owned wastewater collection/treatment, facilities in the annexed area will be maintained by the City. There are not other publicly owned wastewater collection/treatment facilities in the area to be acquired or maintained by the City. Commonly used private sewer systems may continue to operate subject to applicable State laws and City ordinances. Service connections, extensions and service fees will be at the standard rates as established by ordinance by Council. Extension of sewer mains to properties not currently will be made consistent with the City's Utility 6 [[Extension Policy. The annexed areas will be included with all other territory in the City in onnection with planning for new,revised or expanded wastewater facilities. Except as specifically provided herein,it is not necessary to acquire,construct,or locate ny facilities,buildings or services within the area being annexed. The area will be included ith all other territory in the City in connection with planning for new, revised or expanded services. VOTING All persons eligible to vote shall be immediately eligible to participate in City elections, subject only to approval of the U.S.Department of Justice. Each area will be placed in a City ward based upon its contiguousness and population. 7 HIGHWAY 75(SOUTH) LOCATION: Southeast of city and south of the Goree unit of the Texas Department of Criminal Justice. TOTAL AREA: 97 acres. LAND USE: The area contains two industrial establishments, one church and the site of the Sam Houston Statue and Visitor's Center. POPULATION: There are no known residents in the area. STREETS: There is 0.87 mile of street surface of which 0.5 mile is Highway 75. The remainder is an unpaved road. EXISTING UTILITIES: The area is served by a 12" water line running parallel to the highway. Due to topographic limitations and the presence of I-45,the only available municipal sewerage facilities are located approximately 1.6 miles away at Southwood Drive. 8 ox Ho Ang Sp in g��Dr '•1• ^ l .wt lively -75�23��53.86 Cei: Harrison 1:41 J 1! 1 Laura R. 0\,V. A_ Bill 9te2 94jeoi,ea in zz 0.y54 5Gi ., GENERAL CHARACTERISTICS AREA TO BE ANNEXED: HWY.75(SOUTH) ACREAGE PRIVATE 50 PUBLIC 47 TOTAL 97 NUMBER OF DWELLING UNITS: -0- NUMBER OF COMMERCIAL/ INDUSTRIAL UNITS: 2 ESTIMATED POPULATION: -0- LOCATION MAP 9 "EXHIBIT C" �� ... HIGHWAY 75 - SOUTH J \ O \ Temporary Zoning Districts r per 1994 Annexation ' \ 4WT z M Management District Neighborhood Conservation 0/ RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: ORDINANCE 94-31 ANNEXATION-ELKINS LAKE 9-13-94 ORDINANCE NO.94-31 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, PROVIDING FOR THE ANNEXATION OF CERTAIN TERRITORY (ELKINS LAKE) THAT LIES ADJACENT TO AND ADJOINS THE PRESENT BOUNDARY LIMITS OF THE CITY OF HUNTSVILLE, TEXAS; APPROVING A SERVICE PLAN FOR THE AREA;AND MAKING VARIOUS OTHER FINDINGS AND PROVISIONS RELATED THERETO. WHEREAS Pursuant to Ordinance 94-20, the City of Huntsville ordered public hearings where all interested persons would be provided the opportunity to be heard on the proposed annexation of the property described in Exhibit"A"attached hereto;and WHEREAS Notices of such public hearings were published in the Huntsville Item, a paper having general circulation in the City of Huntsville,Texas and Walker County, Texas,on Sunday,July 31,1994,and Sunday,August 7,1994,which dates were not more than 20 days nor less than 10 days prior to the date of the opening of such public hearings;and WHEREAS The public hearings were held at 5:30 p.m. on Thursday, August 11, 1994,and Thursday, August 18, 1994, in the City Council Chambers of the City Council at City Hall, 1212 Avenue M,Huntsville,Texas,which dates are not more than 40 days nor less than 20 days prior to the consideration of this ordinance; and WHEREAS During the hearings the proposed service plan was made available for inspection and explained to the inhabitants of the areas to be annexed at that time; and WHEREAS The City of Huntsville has a population in excess of 25,000 but less than 49,999 inhabitants; and WHEREAS The above described property lies within the extraterritorial jurisdiction of the City of Huntsville,Texas; and WHEREAS The corporate area of the City of Huntsville,Texas,was approximately 13,284 acres on the 1st day of January, 1994;and NOW,THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE,TEXAS,that: Section 1: The following described land and territory lying adjacent to and adjoining the City of Huntsville,Texas,is hereby added and annexed to the City of Huntsville, Texas,and the territory hereinafter described shall hereinafter be included within the boundary limits of the City of Huntsville, Texas, and the present boundary limit of the City, at the various points contiguous to the area hereinafter described,are altered and amended so as to include the area within the corporate limits of the City of Huntsville Texas,described in'Exhibit A",attached. Section 2: The Service Plan attached to this ordinance(Exhibit"B"),and made a part hereof for intents and purposes, is hereby adopted and approved as the Service Plan for the area annexed by this ordinance. Section 3: The above described territory and the area so annexed shall be a part of the City of Huntsville,Texas,and the property so added shall bear its pro rata part of the taxes levied by the City of Huntsville,Texas,and the inhabitants thereof shall be entitled to all of the rights and privileges of all the citizens of Huntsville and shall be bound by the acts, ordinances, resolutions and regulations of the City of Huntsville,Texas. Section 4: Upon final passage,the property previously restricted as single family residential shall be zoned as "NC", neighborhood conservation district, and all other property shall be zoned as"M",management district as shown on the amendment to the official zoning map of the City, attached hereto as "Exhibit C". This zoning classification shall be temporary. The City Planning Officer and City Planning and Zoning Commission are hereby directed to commence proceedings to make a recommendation to City Council for permanent zoning within six(6) months. Section 5: Effective immediately,all the area of the Elkins Lake Municipal Utility District becomes part of the City. On October 1, 1994, the City shall take over all the property and other assets of the district, assume all the debts, liabilities and obligations of the district, and perform the functions of the district. Section 6: The City Secretary shall file a certified copy of this ordinance with the County Clerk within thirty(30)days of notice of U. S. Justice Department approval of this annexation. Section 7: This ordinance shall take effect immediately upon its passage by Council. PASSED AND APPROVED this the 13th day of September, 1994. THE CITY OF HUNTSVILLE Hodges, May / anna Welter, City Secretary APPROVED: Scott Bounds, City Attorney EXHIBIT "A" ELKINS LAKE BEGINNING at a concrete monument for a northeast corner of Section One of Elkins Lake Subdivision as per plat recorded in Volume 174,Page 569,Deed Records,said point being in the south line of a called 1000 acre tract conveyed by Joseph Baldwin to the State of Texas (T.D.C. Goree), dated January 28, 1982 and recorded in Volume 6, Page 628, Deed Records and also being in the north line of the H.D.RIPLEY SURVEY,Abstract No.489 and the south line of E.DAVIDS SURVEY,Abstract No. 157,said point being in the south line of an existing city limit line as per Ordinance No. 80-51 known as Area"P"and dated October 14, 1980 and also in the southwest right-of-way line of 1. H.45; THENCE S16°28'W,with the northeast line of said Section One and the southwest right- of-way line of said 1. H.45,for a distance of 120.6 feet to a concrete monument for the most eastern southeast corner of said Elkins Lake Section One; THENCE with the south line of said Elkins Lake Section One as follows: 1) 573'16'E-114.20 feet; 2) S70°17'E-704.20 feet; 3) S69°47'E-622.50 feet; 4) S64°46'E-601.90 feet;and 5) S71°17'E-156.70 feet to a concrete monument for an ell corner of Section One; THENCE S00°36'E,with an east line of said Section One,for a distance of 1600.5 feet to another corner of said Section One; THENCE S89°51'W, with a south line of said Section One,for a distance of 1648.10 feet to a corner; THENCE S00°50'W,with an east line of said Section One,for a distance of 1297.9 feet to a point in the south line of said Section One and the south line of the D. McMILLIAN SURVEY,Abstract No.382 and the north line of the A.BROWN SURVEY,Abstract No.95, said point being in the north line of a called 32 acre tract conveyed to Tinsley Inc.; THENCE N89°55'E, with the common lines of said McMILLIAN and BROWN SURVEYS, same being the north line of the 32 acre tract, for a distance of 106.7 feet to its northeast corner; THENCE S00°22'E,with the east line of the 32 acre tract,for a distance of 1229.2 feet to its southeast corner; THENCE S89°55'W,with the south line of the 32 acre tract,for a distance of 983.3 feet to a point at the common corner of Section One and Section Three of Elkins Lake; THENCE 509'19'W,with the east line of Section Three,for a distance of 2982.90 feet to its southeast corner,said corner being the southeast corner of the J. O'BANNON SURVEY, Abstract No.428; THENCE N80°11'W, with the south line of the O'BANNON SURVEY line and the south line of Section Three, for a distance of 3677.72 feet to its southwest corner and the southwest corner of the O'BANNON SURVEY, same being the north corner of the W. GLASSCOCK SURVEY,Abstract No.222 and the most southern southeast corner of the S.A. &M.G.R.R.SURVEY,Abstract No.535,and also being the southeast corner of a 2.4077 acre road easement to a called 10.00 acre tract used for the City of Huntsville Sewage Plant Site as per U.S. Forest Service Permit No. 10781 dated 1973; THENCE S681W, with the southeast line of the S.A. &M.G.R.R. SURVEY and the northwest line of the GLASSCOCK SURVEY, at 2622.00 feet pass the west corner of the 2.4077 acre tract and the east corner of the 10.00 acre lift station site,continuing with the south line of the S.A.&M.G.R.R.SURVEY and the north line of the GLASSCOCK SURVEY,for a total distance of 3282.00 feet to the south corner of the 10.00 acre tract; THENCE N22°W, with the southwest line of the 10.00 acre tract, at 660.00 feet pass its north corner of the 10.00 acre tract and continuing for a total distance of 1000.00 feet to a point; THENCE being 1000.00 feet northwest of and parallel to the southeast line of the S.A. &M.G.R.R. SURVEY and the northwest line of the GLASSCOCK SURVEY, to the point of intersection with a southeast line of the S.A. &M.G.R.R. SURVEY and the northwest line of the J. O'BANNON SURVEY, said point being in the northwest line of Section Three; THENCE N10°14'E,with the common line of the S.A.&M.G.R.R.and GLASSCOCK SURVEYS, same being the northwest line of Section Three, for a distance of 2791.70 feet to a concrete monument at a common corner of the S.A. & M.G.R.R. and J. O'BANNON SURVEYS; THENCE S80°07'E, with the most northern southwest line of S.A. & M.G.R.R. SURVEY and the northeast line of J. O'BANNON SURVEY, for a distance of 1385.2 feet to a point at a common corner of Section Three and Section Four of Elkins Lake Subdivision; THENCE N00°06'W,with the west line of Section Four,for a distance of 3803.60 feet to a point on the north line of S.A.&M.G.R.R. SURVEY and the W. BARRETT SURVEY, Abstract No. 77; THENCE S89°20'W, with the common line of S.A. & M.G.R.R. SURVEY and BARRETT SURVEY,and a south line of Section Four,for a distance of 625.60 feet to a point at the southwest corner of BARRETT SURVEY and an ell corner of the E.DAVIDS SURVEY, Abstract No. 157, said point being at a corner of the existing city limit line as per Ordinance No. 81-5,dated January 13, 1981 and known as Area "S-1"; THENCE N01'28'W, with the existing city limits line and the common line of the BARRETT and DAVIDS SURVEYS,for a distance of 3333.90 feet to the northwest corner of the BARRETT SURVEY, same being the southwest corner of the R. WALKER SURVEY, Abstract No. 589, said corner being the northwest corner of Section Four; THENCE N89°05'E,with the common line of the BARRETT and WALKER SURVEY, same being the north line of Section Four,for a distance of 2965.40 feet to the northeast corner of Section Four, same being a northwest corner of Elkins Lake Section Two; THENCE continuing with the common line of the BARRETT and WALKER SURVEY, same being the north line of Section Two as follows: 1) S88°31'E-409.30 feet; and 2) S89°31'E-435.30 feet to a concrete monument at the southeast corner of said WALKER SURVEY, same being an ell corner of said DAVIDS SURVEY and also being a corner of an existing city limits line as per Ordinance No. 80-48 dated October 14, 1980 and known as Area"I", said monument being a corner of said 1000 acre tract; THENCE S89°26'E,with the common line of the BARRETT and DAVIDS SURVEY, same being the north line of Section Two,for a distance of 414.70 feet to a concrete monument for the northeast corner of BARRETT SURVEY and an ell corner of the DAVIDS SURVEY and said 1000 acre tract; THENCE with the common line of the BARRETT and DAVIDS SURVEY,same being the common line of Section Two and said 1000 as follows: 1) S00°32'W-540.30 feet; 2) S00°19'E-1300.30 feet; and 3) S00°38'E-1487.50 feet to a concrete monument at the southeast corner of the BARRETT SURVEY and a southwest corner of the DAVIDS SURVEY, said monument being in the north line of the McMILLIAN SURVEY and Section One of Elkins Lake; THENCE S89°50'E, with the common line of McMILLIAN and DAVIDS SURVEY, same being the north line of Section One,for a distance of 1108.70 feet to the northeast corner of McMILLIAN SURVEY and the northwest corner of the RIPLEY SURVEY; THENCE N89°39'E,with the common line of the DAVIDS and RIPLEY SURVEY and the north line of the Section One, for a distance of 2012.50 feet to the PLACE OF BEGINNING. "EXHIBIT B" CITY OF HUNTSVILLE, TEXAS MUNICIPAL SERVICE PLAN ELKINS LAKE INTRODUCTION Pursuant to Texas Local Government Code,Chapter 43-Municipal Annexation,the City of Huntsville,Texas,has prepared this Service Plan for the delivery of municipal services to the territory proposed for annexation. The proposed tracts are all located adjacent to the present existing City limits and within the City's ETJ. Texas law establishes the concept of extra- territorial jurisdiction(ETJ)for cities based on their number of inhabitants. For cities,such as Huntsville, with between 25,000 and 50,000 inhabitants, the ETJ is two(2) miles. The city may annex up to ten percent(10%)of its total area each year. This(10%)may be accumulated year to year if the City does not annex additional territory or annexes less than the maximum. The City of Huntsville has not annexed any territory since 1984. The City Council of the City of Huntsville may annex thirty percent (30%) of its ETJ boundary areas, which equals approximately 4,000 acres of non-public land in 1994. The areas contain approximately 1,206 single family residences and 44 business establishments. Based on household population figures established by the 1990 census,the approximately 1,206 single family residences are estimated to contain approximately 2.32 inhabitants per dwelling. Based on the number of houses and inhabitants, the density for the entire area is calculated to be approximately 393.52 people per square mile,compared to the City's current density of 1,345 per square mile. 1 Annexation of these areas will provide the residents in the areas with the full privileges and responsibilities associated with living in a city. Annexation should not result in any unmanageable cost expenditures to the City. Three municipal services - water distribution, sanitary sewage collection and solid waste collection and disposal -are directly cost recoverable through user fees. Municipal services supported by municipal taxation,such as library facilities,parks and recreational activities,are already available and used by county residents. Other tax supported services such as police protection,code enforcement,general government activities and routine street maintenance will be extended through existing programs and staff. No significant increases in municipal staff are expected in the near future as a result of these proposed annexations to the city limits alone. Using the most recent assessed values, provided by the Walker County Appraisal District,the land,improvements and personal property within all the areas proposed for annexation are valued at approximately$110,606,200 which,with a tax rate of$.3844 per$100 value, will generate$425,170 in new property tax revenues. Planning a city's growth is no easy task as social,political, economic and fiscal issues must be considered. The benefits that are derived from an annexation program are usually not immediate. It is doubtful that most annexations pay for themselves immediately. Over the long term, however, it is thought to be much more fiscally responsible to manage growth early on rather than to try and correct it 10 or 20 years after the fact. The fact is that uncontrolled growth outside the city limits will be tomorrow's problems if a city doesn't exert some control in the development process. Therefore,annexation is usually fiscally beneficial in the long term, but not in the short term. 2 Elkins Lake is unique among the areas proposed to be annexed by the City because it lies within Municipal Utility and Road Utility Districts. It is the only area outside the City's current boundaries that receives City of Huntsville residential garbage pickup services. The City already provides basic water and sewer services to the area through contracts with the MUD. Except as provided below, however, the City's general service plan shall apply to Elkins Lake. GENERAL GOVERNMENTAL SERVICES The City of Huntsville provides a variety of general services to the citizens of the City. In accordance with the State annexation law,the following municipal services shall be provided upon annexation of an area by the City of Huntsville: 1. Police service will be extended to the area immediately upon annexation. These activities will include normal patrols,responses, the handling of complaints and incident reports. Additional capital improvements are not necessary at this time to provide police protection to the area. 2. Fire service to the annexed area, provided by the Huntsville Fire Department, will be immediately available to the area within the limitations of available water and current fire stations. Additional capital improvements are not necessary at this time to provide fire protection to the area. Fire inspections will be made in accordance with city policies. 3. Library services, through the Huntsville Public Library, will be available immediately to the annexed area. 4. City Parks and Recreation facilities do not exist in the annexed area. The City,however, operates 17 community parks that are available for the use of city residents. These parks include Kate Barr Ross Memorial Park, Emancipation Park, Thomas Henry Ball Park 3 and Thomason Park. Recreational and athletic programs and facilities are available at these parks for City residents. Additionally, the City sponsors a variety of summer recreational programs that will be available to the annexed area. No capital improvements are necessary at this time to provide recreation services to the area. 5. Code enforcement services will be provided immediately upon annexation by the Central Inspection Division for the City's Public Works Department. These services include building, mechanical,plumbing and sanitary inspection. Animal Control services will be provided immediately. No capital improvements are necessary at this time to provide code enforcement services to the area. 6. Street lighting services in the area will be assumed by the City immediately upon annexation. A representative of the City will contact Entergy and/or Mid-South Electric concerning the existence of any public street lighting facilities in the annexed area; if such facilities exist, the City will immediately assume the operational costs. Residents of the area desiring the erection of street lighting facilities may contact the City for a determination of need for the installation of a street light according to the current city policy. 7. The facilities at the Huntsville Municipal Airport will be available to the annexed territory. 8. The City shall commence regular maintenance of the streets and drainage facilities in the annexed territory within 60 days. Traffic signs,street markings and other traffic control devices will be installed as the need is established by appropriate traffic standards and city policies. Existing streets and drainage facilities shall be maintained in at least the 4 same condition at which they were annexed. Additional roads,streets or related facilities are not necessary at this time to serve the area. Major rehabilitation or upgrading to the street and drainage facilities,if needed,will be included in future Capital Improvements Budgets of the City. Actual construction of capital street and drainage facilities shall be dependent on the prioritization of the project and the availability of funds. 9. All properties previously restricted for single family residential use will be placed in a 'Inc"-neighborhood conservation zoning district. All other properties will be placed in a"m"-management zoning district. Subsequent district changes will be in accordance with City ordinances and state law. 10. Except as specifically provided herein,it is not necessary to acquire,construct,or locate any facilities, buildings or services within the area being annexed. The area will be included with all other territory in the City in connection with planning for new,revised or expanded services. SANITATION Residential and commercial garbage services currently provided will continue. Effective immediately upon annexation, the service and charges for service shall be the same as for customers currently in the City. Except as specifically provided herein,it is not necessary to acquire,construct,or locate any facilities, buildings or services within the area being annexed. The area will be included with all other territory in the City in connection with planning for new, revised or expanded services. 5 STREET AND DRAINAGE MAINTENANCE All RUD funds,except those borrowed or transferred from the MUD,will be dedicated and used by the City only for street and drainage maintenance in the Elkins Lake subdivision, including the construction of a second entrance in compliance with the City's Development Code. The City will provide street cleaning services. Except as specifically provided herein,it is not necessary to acquire,construct,or locate any facilities,buildings or services within the area being annexed. The area will be included with all other territory in the City in connection with planning for new, revised or expanded services. ELKINS LAKE MUNICIPAL UTILITY DISTRICT Upon the dissolution of the MUD,the City shall take over all the property and assets of the District,assume all the debts,liabilities,and obligations of the District,and perform all the functions of the District. The District Board will be dissolved. The City agrees to honor any contracts providing for the termination of leasehold interests in the administrative offices/post office that were in effect prior to June 1, 1994. The City agrees to employ the District's Office Manager in a similar position for the City,subject to the general rules and policies of the City applicable to all City employees. Except as specifically provided herein,it is not necessary to acquire,construct,or locate any facilities,buildings or services within the area being annexed. The area will be included with all other territory in the City in connection with planning for new, revised or expanded services. 6 PUBLIC WATER FACILITIES The City of Huntsville operates and maintains its public water supply system. Those City water mains that exist in the annexed area will continue to be so maintained. Service connections and service fees will be at the standard rates as established by ordinance. Extension of water mains are handled through the Utility Extension Policy of the City. Any private water systems will remain private and may continue to service their existing customers. Extensions to these facilities will be permitted only as allowed by state and federal law. The area will be included with all other territory in the City in connection with planning for new, revised or expanded public water facilities,except where limited by federal or state laws protecting existing private water systems. Except as specifically provided herein,it is not necessary to acquire,construct,or locate any facilities, buildings or services within the area being annexed. The area will be included with all other territory in the City in connection with planning for new, revised or expanded services. PUBLIC SEWER FACILITIES The City owns, operates and maintains all of its sanitary sewer system. City owned wastewater collection/treatment, facilities in the annexed area will be maintained by the City. There are not other publicly owned wastewater collection/treatment facilities in the area to be acquired or maintained by the City. Commonly used private sewer systems may continue to operate subject to applicable State laws and City ordinances. Service connections, extensions and service fees will be at the standard rates as established by ordinance by Council. Extension of sewer mains to properties not currently will be made consistent with the City's Utility 7 Extension Policy. The annexed areas will be included with all other territory in the City in connection with planning for new,revised or expanded wastewater facilities. Except as specifically provided herein,it is not necessary to acquire,construct,or locate any facilities,buildings or services within the area being annexed. The area will be included with all other territory in the City in connection with planning for new, revised or expanded services. VOTING All persons eligible to vote shall be immediately eligible to participate in City elections, subject only to approval of the U.S.Department of Justice. Each area will be placed in a City ward based upon its contiguousness and population. 8 ANNEXATION SERVICE PLAN SUPPLEMENT ELKINS LAKE [[The City of Huntsville has proposed to annex the Elkins Lake Subdivision. The City of Huntsville has requested the cooperation of the Elkins Lake Municipal Utility District Board in accomplishing the proposed annexation. The City and Board enter into this agreement, to be made part of the municipal service agreement of the City, to further the orderly exercise of the City's annexation authority under State law. 1. A. The Elkins Lake Municipal Utility District agrees to set its tax rate at: $1.09872. This tax rate shall include a road maintenance tax-$.25;an operation and maintenance tax-$.10; and a debt service tax-$.74872. The Board agrees to take the action before September 13th, or as soon hereafter as otherwise practical, in the manner provided by State law. It is expected that this tax rate will generate$651,915.00. B. The Elkins Lake MUD further represents that approximately $413,496 in other surplus funds will be available to the City upon the acquisition of the MUD by the City of Huntsville. II. In reliance upon the foregoing, and with the common understanding that it is fair that the funds described in Section I be spent in the area of the Elkins Lake MUD, the City makes the following commitments to the Elkins Lake MUD Board and the residents of Elkins Lake. 1. The City agrees to spend$665,402 of the funds described in Section I on Elkins Lake MUD principal and interest payments on debt assumed by the City. 2. The City agrees to spend the additional surplus revenues acquired from and generated by the MUD(about$400,009)as follows: a. One half of the surplus funds(about$200,005) will be spent on street improvements and maintenance in Elkins Lake Subdivision or a second entrance to Elkins Lake. b. One half of the surplus funds (about $200,004) will be spent on improvement and maintenance of the utility system or debt service related to MUD debt assumed by the City. 9 3. The City agrees to provide an accounting for the above described revenues received prior to October 1, 1995, and to provide an accounting for all the expenditures of those funds. This accounting shall be a public record subject to public inspection at any time. Revised: 8-16-94 10 ELKINS LAKE LOCATION: Southeast of city on the west side of Interstate 45. TOTAL AREA: 1133 acres. LAND USE: This planned subdivision is primarily single family residential development with a private golf course,club house and restaurant which is managed by the Elkins Lake Recreation Corporation for the exclusive use of property owners. The City of Huntsville owns and operates the N.B. Davidson South Waste Water Treatment Plant in the southwest corner of this area. POPULATION: 1,443 STREETS: There are approximately 17 miles of asphalt paved,curb and gutter streets in this area. EXISTING UTILITIES: The City presently provides water and sewer service through a contract with Elkins MUD. The City would assume the ownership and operation of the water and sewer system from MUD. Upon annexation MUD would be dissolved. 11 raj c r, > , /A S it �\ h1 A ftET I T f dl i % i\ fff -95 GENERAL CHARACTERISTICS AREA TO BE ANNEXED: ELKINS LAKE ACREAGE PRIVATE 948 PUBLIC 185 TOTAL 1,133 NUMBER OF DWELLING UNITS: 665 NUMBER OF COMMERCIAL/ INDUSTRIAL UNITS: 6 ESTIMATED POPULATION: 1,443 LOCATION MAP 12 .w■�nnnnn��unnnnnl� � ��. E..a�.� ►;,oma,.•.±. S • d :�!.'..•e SCJ .m:..±!` tl �►♦�i • Ilia►♦♦♦•�i�� pamm■uunud�0 S �!�wuuui0♦.w�� uii�il�1 n�vi��Y ll tip♦�i►�-'i��♦a''��I\ Qa�C_ti�i:■, ,ll. ..:.... .:.: ¢ uu RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: ORDINANCE 94-32 ANNEXATION-HIGHWAY 30 WEST 9-13-94 ORDINANCE NO.94-32 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, PROVIDING FOR THE ANNEXATION OF CERTAIN TERRITORY(HIGHWAY 30 WEST)THAT LIES ADJACENT TO AND ADJOINS THE PRESENT BOUNDARY LIMITS OF THE CITY OF HUNTSVILLE, TEXAS; APPROVING A SERVICE PLAN FOR THE AREA;AND MAKING VARIOUS OTHER FINDINGS AND PROVISIONS RELATED THERETO. WHEREAS Pursuant to Ordinance 94-20, the City of Huntsville ordered public hearings where all interested persons would be provided the opportunity to be heard on the proposed annexation of the property described in Exhibit"A"attached hereto;and WHEREAS Notices of such public hearings were published in the Huntsville Item, a paper having general circulation in the City of Huntsville,Texas and Walker County, Texas, on Tuesday,August 2, 1994, and Sunday, August 7, 1994, which dates were not more than 20 days nor less than 10 days prior to the date of the opening of such public hearings;and WHEREAS The public hearings were held at 5:30 p.m. on Tuesday, August 16, 1994, and Thursday, August 18, 1994, in the City Council Chambers of the City Council at City Hall, 1212 Avenue M,Huntsville,Texas,which dates are not more than 40 days nor less than 20 days prior to the consideration of this ordinance; and WHEREAS During the hearings the proposed service plan was made available for inspection and explained to the inhabitants of the areas to be annexed at that time; and WHEREAS The City of Huntsville has a population in excess of 25,000 but less than 49,999 inhabitants; and WHEREAS The above described property lies within the extraterritorial jurisdiction of the City of Huntsville,Texas;and WHEREAS The corporate area of the City of Huntsville, Texas, was approximately 13,284 acres on the 1st day of January, 1994; and NOW,THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE,TEXAS,that: Section 1: The following described land and territory lying adjacent to and adjoining the City of Huntsville,Texas,is hereby added and annexed to the City of Huntsville, Texas,and the territory hereinafter described shall hereinafter be included within the boundary limits of the City of Huntsville, Texas, and the present boundary limit of the City, at the various points contiguous to the area hereinafter described,are altered and amended so as to include the area within the corporate limits of the City of Huntsville Texas,described in"Exhibit A", attached. Section 2: The Service Plan attached to this ordinance(Exhibit"B"),and made a part hereof for intents and purposes, is hereby adopted and approved as the Service Plan for the area annexed by this ordinance. Section 3: The above described territory and the area so annexed shall be a part of the City of Huntsville,Texas,and the property so added shall bear its pro rata part of the taxes levied by the City of Huntsville,Texas,and the inhabitants thereof shall be entitled to all of the rights and privileges of all the citizens of Huntsville and shall be bound by the acts, ordinances, resolutions and regulations of the City of Huntsville,Texas. Section 4: Upon final passage,the property previously restricted as single family residential shall be zoned as "NC", neighborhood conservation district, and all other property shall be zoned as"M",management district as shown on the amendment to the official zoning map of the City, attached hereto as "Exhibit C". This zoning classification shall be temporary. The City Planning Officer and City Planning and Zoning Commission are hereby directed to commence proceedings to make a recommendation to City Council for permanent zoning within six(6) months. Section 5: The City Secretary shall file a certified copy of this ordinance with the County Clerk within thirty(30)days of notice of U. S. Justice Department approval of this annexation. Section 6: This ordinance shall take effect immediately upon its passage by Council. PASSED AND APPROVED this the 13th day of September, 1994. THE CITY OF HUNTSVILLE W. H. Hodges, Mayor ATTEST: 6i arena Welter,City Secretary APP,-O�VAED: Scott Bounds, City Attorney EXHIBIT "A" S.H.30 WEST BEGINNING at a point for the southwest corner of a called 132 acre tract as described in a Deed to Helen Oliphant Spencer as recorded in Volume 169,Page 320,Deed Records,said point being an ell corner of a tract or parcel of land as described in a Deed to Herman L.Byrd, dated May 15, 1971 and recorded in Volume 235,Page 680, Deed Records, said point being a comer of an existing city limits line as per Ordinance No.80-50,dated October 14, 1980 and known as Area "C"; THENCE Westerly across said Byrd property to a point at the southeast corner of Lot 5 and the northeast corner of Lot 6 of Westridge Subdivision,Section One as per a plat recorded in Volume 1,Page 31, Plat Records of Walker County,Texas; THENCE with the east line of said Westridge Subdivision,Section One and the west line of said Byrd tract, as follows: 1) S18°42'30"E-791.38 feet; 2) S15°23'25"W-427.29 feet; 3) N86°30'15"E- 9.36 feet; 4) S07°47'30"W-626.23 feet; 5) S12°31'05"W-195.29 feet; and 6) N74°36'35"W-101.44 feet to a point in the beginning of a curve to the left; THENCE with said curve to the left having a radius of 572.13 feet, central angle of 30°26'45"and a chord bearing of S00°10'00"W-300.45 feet to a point in said curve,said point being at the southeast corner of said Section One,same being the northeast corner of Westridge Section Two as per plat recorded in Volume 1,Page 34,Plat Records; THENCE continuing with said curve to the left with a central angle of 73°07'14"for a length of 730.14 feet to a point for the end of said curve,said point being the northeast corner of Lot 7 of Section Two; THENCE with the east and south lines of Section Two as follows: 1) Sll°39'00"W-361.45 feet; 2) S33°27'00"E-161.55 feet; 3) N78°21'00"E-204.80 feet; and 4) S12°17'00"E-1650.00 feet to the southeast corner of said Section Two; THENCE S78°21'W,with the south line of Section Two, for a distance of 957.95 feet to a point for the southwest corner of Section Two,same being the southeast corner of Section Three of said Westridge Subdivision as per plat recorded in Volume 2,Page 32,Plat Records; THENCE S75°32'30"W,with the south line of Section Three, for a distance of 957.55 feet to an angle point; THENCE N83°59'W,continuing with the south line of Section Three,for a distance of 278.9 feet to another angle point; THENCE with the west line of Section Three as follows: 1) N35°52'00"W-197.95 feet; and 2) N13°04'40"W-708.15 feet to a point for the southeast corner of the Glass Subdivision as per plat recorded in Volume 1, Page 53,Plat Records; THENCE S89°45'30"W,with the south line of said Glass Subdivision,for a distance of 665.9 feet to a point for an angle corner, said point being at the northeast corner of a called 162.48 acre tract as described in a Deed to August Niederhofer; THENCE S89°51'W, continuing with the south line of said Glass Subdivision and the north line of the 162.48 acre tract, for a distance of 702.25 feet to a point for the southwest corner of the Glass Subdivision; THENCE N01°11'W, with the west line of the Glass Subdivision, for a distance of 3836.55 feet to a point at the northwest corner of the Glass Subdivision,same being in the south right-of-way line of S. H. 30; THENCE N53°25'E,with the north line of the Glass Subdivision and the south right-of- way line of S. H. 30, for a distance of 690.90 feet to a point in the center of Sumac Road; THENCE N53°32'20"E, continuing with the north line of Glass Subdivision and the south right-of-way line of S. H. 30, for a distance of 201.8 feet to a point for the northeast corner of Glass Subdivision; THENCE Easterly continuing with the south right-of-way line of S.H. 30,to a point in said existing city limits line as per Ordinance No. 80-50, same being the northwest corner of Spencer tract; THENCE Southwesterly with the existing city limits line and the west line of said Spencer tract, to the PLACE OF BEGIlVNING. "EXHIBIT B" CITY OF HUNrSVILLE, TEXAS MUNICIPAL SERVICE PLAN HWY. 30 (WEST) - (WESTRII)GE/GLASS) INTRODUCTION Pursuant to Texas Local Government Code,Chapter 43-Municipal Annexation,the City of Huntsville,Texas,has prepared this Service Plan for the delivery of municipal services to the territory proposed for annexation. The proposed tracts are all located adjacent to the present existing City limits and within the City's ETJ. Texas law establishes the concept of extra- territorial jurisdiction(ETJ)for cities based on their number of inhabitants. For cities, such as Huntsville, with between 25,000 and 50,000 inhabitants, the ETJ is two(2) miles. The city may annex up to ten percent(10%)of its total area each year. This(10%)may be accumulated year to year if the City does not annex additional territory or annexes less than the maximum. The City of Huntsville has not annexed any territory since 1984. The City Council of the City of Huntsville may annex thirty percent (30%) of its ETJ boundary areas, which equals approximately 4,000 acres of non-public land in 1994. The areas contain approximately 1,206 single family residences and 44 business establishments. Based on household population figures established by the 1990 census,the approximately 1,206 single family residences are estimated to contain approximately 2.32 inhabitants per dwelling. Based on the number of houses and inhabitants,the density for the entire area is calculated to be approximately 393.52 people per square mile,compared to the City's current density of 1,345 per square mile. 1 Annexation of these areas will provide the residents in the areas with the full privileges and responsibilities associated with living in a city. Annexation should not result in any unmanageable cost expenditures to the City. Three municipal services - water distribution, sanitary sewage collection and solid waste collection and disposal -are directly cost recoverable through user fees. Municipal services supported by municipal taxation,such as library facilities,parks and recreational activities,are already available and used by county residents. Other tax supported services such as police protection,code enforcement,general government activities and routine street maintenance will be extended through existing programs and staff. No significant increases in municipal staff are expected in the near future as a result of these proposed annexations to the city limits alone. Using the most recent assessed values, provided by the Walker County Appraisal District,the land,improvements and personal property within all the areas proposed for annexation are valued at approximately$110,606,200 which,with a tax rate of$.3844 per$100 value, will generate$425,170 in new property tax revenues. Planning a city's growth is no easy task as social,political,economic and fiscal issues must be considered. The benefits that are derived from an annexation program are usually not immediate. It is doubtful that most annexations pay for themselves immediately. Over the long term,however,it is thought to be much more fiscally responsible to manage growth early on rather than to try and correct it 10 or 20 years after the fact. The fact is that uncontrolled growth outside the city limits will be tomorrow's problems if a city doesn't exert some control in the development process. Therefore,annexation is usually fiscally beneficial in the long term, but not in the short term. 2 GENERAL GOVERNMENTAL SERVICES The City of Huntsville provides a variety of general services to the citizens of the City. In accordance with the State annexation law,the following municipal services shall be provided upon annexation of an area by the City of Huntsville: 1. Police service will be extended to the area immediately upon annexation. These activities will include normal patrols,responses,the handling of complaints and incident reports. Additional capital improvements are not necessary at this time to provide police protection to the area. 2. Fire service to the annexed area,provided by the Huntsville Fire Department, will be immediately available to the area within the limitations of available water and current fire stations. Additional capital improvements are not necessary at this time to provide fire protection to the area. Fire inspections will be made in accordance with city policies. 3. Library services, through the Huntsville Public Library, will be available immediately to the annexed area. 4. City Parks and Recreation facilities do not exist in the annexed area. The City,however, operates 17 community parks that are available for the use of city residents. These parks include Kate Barr Ross Memorial Park, Emancipation Park, Thomas Henry Ball Park and Thomason Park. Recreational and athletic programs and facilities are available at these parks for City residents. Additionally, the City sponsors a variety of summer recreational programs that will be available to the annexed area. No capital improvements are necessary at this time to provide recreation services to the area. 3 5. Code enforcement services will be provided immediately upon annexation by the Central Inspection Division for the City's Public Works Department. These services include building, mechanical,plumbing and sanitary inspection. Animal Control services will be provided immediately. No capital improvements are necessary at this time to provide code enforcement services to the area. 6. Street lighting services in the area will be assumed by the City immediately upon annexation. A representative of the City will contact Entergy and/or Mid-South Electric concerning the existence of any public street lighting facilities in the annexed area; if such facilities exist, the City will immediately assume the operational costs. Residents of the area desiring the erection of street lighting facilities may contact the City for a determination of need for the installation of a street light according to the current city policy. 7. The facilities at the Huntsville Municipal Airport will be available to the annexed territory. 8. The City shall commence regular maintenance of the streets and drainage facilities in the annexed territory within 60 days. Traffic signs,street markings and other traffic control devices will be installed as the need is established by appropriate traffic standards and city policies. Existing streets and drainage facilities shall be maintained in at least the same condition at which they were annexed. Additional roads,streets or related facilities are not necessary at this time to serve the area. Major rehabilitation or upgrading to the street and drainage facilities,if needed,will be included in future Capital Improvements 4 Budgets of the City. Actual construction of capital street and drainage facilities shall be dependent on the prioritization of the project and the availability of funds. 9. All properties previously restricted for single family residential use will be placed in a "nc"-neighborhood conservation zoning district. All other properties will be placed in a"m"-management zoning district. Subsequent district changes will be in accordance with City ordinances and state law. 10. Except as specifically provided herein,it is not necessary to acquire,construct,or locate any facilities, buildings or services within the area being annexed. The area will be included with all other territory in the City in connection with planning for new,revised or expanded services. SANITATION Collection of solid waste shall commence within 60 days. The revenues generated at the current rate will be sufficient to cover collection and disposal cost. Residential service will be uniform throughout the City. Currently residential collection service is garbage/trash pickup two (2) times per week. Residential brush pickup is also provided with some limitations. Commercial service depends on need. Some commercial collection services in the areas to be annexed are already provided by the City. Except as specifically provided herein,it is not necessary to acquire,construct,or locate any facilities,buildings or services within the area being annexed. The area will be included with all other territory in the City in connection with planning for new, revised or expanded services. 5 PUBLIC WATER FACILITIES The City of Huntsville operates and maintains its public water supply system. Those City water mains that exist in the annexed area will continue to be so maintained. Service connections and service fees will be at the standard rates as established by ordinance. Extension of water mains are handled through the Utility Extension Policy of the City. Any private water systems will remain private and may continue to service their existing customers. Extensions to these facilities will be permitted only as allowed by state and federal law. The area will be included with all other territory in the City in connection with planning for new, revised or expanded public water facilities,except where limited by federal or state laws protecting existing private water systems. Except as specifically provided herein,it is not necessary to acquire,construct,or locate any facilities, buildings or services within the area being annexed. The area will be included with all other territory in the City in connection with planning for new, revised or expanded services. PUBLIC SEWER FACILITIES The City owns, operates and maintains all of its sanitary sewer system. City owned wastewater collection/treatment, facilities in the annexed area will be maintained by the City. There are not other publicly owned wastewater collection/treatment facilities in the area to be acquired or maintained by the City. Commonly used private sewer systems may continue to operate subject to applicable State laws and City ordinances. Service connections, extensions and service fees will be at the standard rates as established by ordinance by Council. Extension of sewer mains to properties not currently will be made consistent with the City's Utility 6 Extension Policy. The annexed areas will be included with all other territory in the City in connection with planning for new,revised or expanded wastewater facilities. Except as specifically provided herein,it is not necessary to acquire,construct,or locate any facilities,buildings or services within the area being annexed. The area will be included with all other territory in the City in connection with planning for new, revised or expanded services. VOTING All persons eligible to vote shall be immediately eligible to participate in City elections, subject only to approval of the U.S.Department of Justice. Each area will be placed in a City ward based upon its contiguousness and population. 7 HIGHWAY 30(WEST) (WESTRIDGE/GLASS) LOCATION: West of the city,extending from Highway 30 southward. TOTAL AREA: 401 acres. LAND USE: All existing structures are single family residential on estate type lots(1 to 5 acres in size). Several tracts of land adjacent to Highway 30 have been reserved for commercial use but at present are vacant. POPULATION: An estimated 428 people reside in the area within 153 dwelling units. The inhabitants within Westridge/Glass are non-minority,middle income. STREETS: Approximately five(5) miles of streets exist in the area. Of this total, approximately one-half mile consists of Highway 30. The remaining 4.5 miles are paved,non-curbed residential streets ranging in condition from good to poor. EXISTING UTILITIES: Municipal water is available to the Westridge Subdivision and is extendable to the Glass Subdivision under the City's current Utility Extension Policy. Due to the topography, land use and population density,the area is entirely served by individual sewage disposal systems. 8 .. pili �� ,�.`..,/-• ..�.-.-?� �.' I - — �%`�n\ 4 E� � A6,696'rtl 5.. 11... & "� • '/ 0 1 F / Nermen 6 Ilk Qox GENERAL CHARACTERISTICS AREA TO BE ANNEXED: HIGHWAY 30(WEST) WESTRIDGE/GLASS ACREAGE PRIVATE 372 PUBLIC 29 TOTAL 401 NUMBER OF DWELLING UNITS: 153 NUMBER OF COMMERCIAL/ i INDUSTRIAL UNITS: -0- ESTIMATED POPULATION: 428 LOCATION MAP 9 "EXHIBIT C" HIGHWAY 30 - WEST a � a M NC Management District Neighborhood Conservation I � / NC NC Iy�ieJOlaf is Is Temporary Zoning Districts Y' per 1994 Annexation RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: ORDINANCE 94-33 ANNEXATION-HIGHWAY 75 NORTH 9-13-94 ORDINANCE NO.94-33 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, PROVIDING FOR THE ANNEXATION OF CERTAIN TERRITORY(HIGHWAY 75 NORTH)THAT LIES ADJACENT TO AND ADJOINS THE PRESENT BOUNDARY LIMITS OF THE CITY OF HUNTSVILLE, TEXAS; APPROVING A SERVICE PLAN FOR THE AREA;AND MAKING VARIOUS OTHER FINDINGS AND PROVISIONS RELATED THERETO. WHEREAS Pursuant to Ordinance 94-20, the City of Huntsville ordered public hearings where all interested persons would be provided the opportunity to be heard on the proposed annexation of the property described in Exhibit"A"attached hereto;and WHEREAS Notices of such public hearings were published in the Huntsville Item, a paper having general circulation in the City of Huntsville,Texas and Walker County, Texas,on Sunday,July 31, 1994,and Sunday,August 7,1994,which dates were not more than 20 days nor less than 10 days prior to the date of the opening of such public hearings;and WHEREAS The public hearings were held at 5:30 p.m. on Thursday,August 11, 1994,and Thursday, August 18, 1994, in the City Council Chambers of the City Council at City Hall, 1212 Avenue M,Huntsville,Texas,which dates are not more than 40 days nor less than 20 days prior to the consideration of this ordinance;and WHEREAS During the hearings the proposed service plan was made available for inspection and explained to the inhabitants of the areas to be annexed at that time;and WHEREAS The City of Huntsville has a population in excess of 25,000 but less than 49,999 inhabitants;and WHEREAS The above described property lies within the extraterritorial jurisdiction of the City of Huntsville,Texas;and WHEREAS The corporate area of the City of Huntsville, Texas, was approximately 13,284 acres on the 1st day of January, 1994; and NOW,THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE,TEXAS,that: Section 1: The following described land and territory lying adjacent to and adjoining the City of Huntsville,Texas,is hereby added and annexed to the City of Huntsville, Texas,and the territory hereinafter described shall hereinafter be included within the boundary limits of the City of Huntsville,Texas, and the present boundary limit of the City, at the various points contiguous to the area hereinafter described,are altered and amended so as to include the area within the corporate limits of the City of Huntsville Texas,described in"Exhibit A", attached. Section 2: The Service Plan attached to this ordinance(Exhibit"B"),and made a part hereof for intents and purposes, is hereby adopted and approved as the Service Plan for the area annexed by this ordinance. Section 3: The above described territory and the area so annexed shall be a part of the City of Huntsville,Texas,and the property so added shall bear its pro rata part of the taxes levied by the City of Huntsville,Texas,and the inhabitants thereof shall be entitled to all of the rights and privileges of all the citizens of Huntsville and shall be bound by the acts, ordinances, resolutions and regulations of the City of Huntsville,Texas. Section 4: Upon final passage,the property previously restricted as single family residential shall be zoned as "NC", neighborhood conservation district, and all other property shall be zoned as"M",management district as shown on the amendment to the official zoning map of the City, attached hereto as "Exhibit C". This zoning classification shall be temporary. The City Planning Officer and City Planning and Zoning Commission are hereby directed to commence proceedings to make a recommendation to City Council for permanent zoning within six(6) months. Section 5: The City Secretary shall file a certified copy of this ordinance with the County Clerk within thirty(30)days of notice of U. S. Justice Department approval of this annexation. Section 6: This ordinance shall take effect immediately upon its passage by Council. PASSED AND APPROVED this the 13th day of September, 1994. THE CITY OF HUNTSVILLE W. H. Hodges, ayor ATTEST: Danna Welter, City Secretary APPROVED: Scott Bounds, City Attorney EXHIBIT "A" S.H.75 NORTH BEGINNING at a point for the southeast corner of a called 38.32 acre tract as described as the "Fourth Tract"in a Deed from Marguerite E.Thomason to Rawle B.Thomason,et al,dated August 29, 1955 and recorded in Volume 151,Page 259,Deed Records of Walker County,Texas,said corner being a southwest corner of Wynne State Prison Farm as per deed recorded in Volume Y, Page 181, Deed Records and also being in an existing city limits line as per Ordinance No.81-4 known as Area"72"and dated January 13, 1981, said point being in the south line of the WARREN BIRDSELL LEAGUE, Abstract No.6 and a north line of the P.GRAY LEAGUE,Abstract No.24; THENCE Westerly,with the common line of the BIRDSELL and GRAY LEAGUES,at 2358.38 feet pass the southwest corner of the BIRDSELL LEAGUE and the southeast corner of the HILLARY M.CRABB SURVEY,Abstract No. 15 and also being the southeast corner of a called 111.5 acre tract known as the"First Tract"in a Gift Deed from Wilbourn S.Gibbs to Sam Houston Foundation,dated December 12, 1978 and recorded in Volume 329,Page 794,Deed Records and by another Deed from Lawrenceville School to Sam Houston State University(S.H.S.U.),dated June 24, 1993 and recorded in Volume 0197,Page 557,Official Records of Walker County,Texas,continuing with the common line of said CRABB and RANDOLPH SURVEYS,for a total distance of 5998.08 feet to the southwest corner of said S.H.S.U.tract,same being the southeast corner of a called 60.76 acre tract described in a Deed from Clarence Alexander,et al to Mrs. Annie B. Fraiser,dated November 11, 1929 and recorded in Volume 65,Page 536; THENCE NOO°31'26"E,with the west line of said S.H.S.U.tract and the east line of said 60.76 acre tract to a point in said 60.76 acre tract if the lower north line of said 60.76 acre tract was extended; THENCE Westerly,across said 60.76 acre tract to its ell corner,same being the southeast corner of a called 75.00 acre tract as described in a Deed from Mance E.Park to Mance Michael Park,dated July 23, 1985 and recorded in Volume 448,Page 684,Deed Records; THENCE S89°37'50"W,with the north line of said 60.76 acre tract and the south line of said 75.00 acre tract,for a distance 2699.17 feet to a point for the southwest corner of said 75.00 acre tract, same being the southeast corner of a called 68.1543 acre tract as described in a Deed from Frank L.Park to Mance Michael Park, dated January 10, 1994 and recorded in Volume 0213, Page 528, Official Records; THENCE N00°24'47"W, with the west line of said 75.00 acre tract and the east line of said 68.1543 acre tract at 865.49 feet pass the northwest corner of said 75.00 acre tract, same being the southwest corner of a called 150.00 acre tract as described in a Contract of Sale from the Veteran's Land Board to Mance E.Park,dated January 6, 1953 and recorded in Volume 145,Page 40,Deed Records, continuing with the east line of said 60.1543 acre tract and the west line of said 150.00 acre residue tract for a total distance of 2669.40 feet to a point for the northwest corner of said 150.00 acre residue tract and the northeast corner of said 68.1543 acre tract,said point being in the south line of a called 4.22 acre tract as described in a Deed from Ronnie L.Williams,et al to Phillip Campbell,dated May 8, 1985 and recorded in Volume 445,Page 797,Deed Records; THENCE N86°W,with the north line of said 68.1543 acre tract at 71.51 feet pass a point for the southwest corner of said 4.22 acre tract,same being the southeast corner of a called 5.00 acre tract as described in a Deed from Kerry L.Wiggins,et al to Mance Michael Park,dated July 30, 1993 and recorded in Volume 0200,Page 858,Official Records,continuing with the north line of said 68.1543 acre tract and the south line of said 5.00 acre tract,for a total distance of 518.71 feet to an angle point of said 68.1543 acre tract and the northeast corner of a called 2.434 acre tract as described in a Deed from Lois Lively to A. Young,dated March 23, 1979 and recorded in Volume 335, Page 357, Deed Records; THENCE N86o 13'55"W,with the north line of said 2.434 acre tract and the south line of said 5.00 acre tract,at 75.69 feet pass the southwest corner of said 5.00 acre tract,same being the southeast corner of a called 2.81 acre tract as described in a Deed from Lynn D.Boone to Michael Park,dated June 29, 1993 and recorded in Volume 0197,Page 117,Official Records,continuing with the north line of said 2.434 acre tract and the south line of said 2.81 acre tract,at 443.39 feet pass the southwest corner of said 2.81 acre tract,same being the southeast corner of a called 0.997 of an acre of land described as the "Lot 9" in a Deed from Danny Rice, et al to Michael Rodney Turner,dated June 30, 1983 and recorded in Volume 414,Page 589,Deed Records,continuing with the north line of said 2.434 acre tract and the south line of said Lot 9,for a total distance of 743.39 feet to the northwest corner of said 2.434 acre tract and the southwest corner of said Lot 9,same being in the east right-of-way line of Wire Road; THENCE NO1°09'05"W, with the east right-of-way line of said Wire Road for a distance of 1421.18 feet to its intersection with the southwest right-of-way line of S.H.75 THENCE northerly,across S.H.75 to a point on the northeast right-of-way line of S.H.75, said point being in the south line of a called 10.00 acre tract as described in a Deed from Charles F. Spriggs,et al to S&S Pipe&Supply,Inc.,dated July 8,1991 and recorded in Volume 0146,Page 793, Official Records; THENCE N72°00'W,with the northeast right-of-way line of S.H.75 and the southwest line of said 10.00 acre tract, to a point for the southwest corner of said 10.00 acre tract, same being the southeast corner of a called 5.747 acre tract described in a Contract of Deed from Georgie Kearse Rawson, et al to Donald G. Dean, dated January 1, 1992 and recorded in Volume 0162, Page 132 Official Records; THENCE NO1°06'36"E,with the west line of said 10.00 acre tract and the east line of said 5.747 acre tract, to an angle point of said 10.00 acre tract and being the northeast corner of said 5.747 acre tract,said point being a southeast corner of a called 182.53 acre tract as described in a Deed to Perry Little recorded in Volume 240,Page 322; THENCE NO2°22'11"E,continuing with the west line of said 10.00 acre tract and an east line of said 182.53 acre tract,for a distance of 420.34 feet to the northwest corner of said 10.00 acre tract, same being a southwest corner of a called 211.79 acre tract as described in a Deed from Carlos Magana to Javier Rosique,dated October 2, 1986 and recorded in Volume 027,Page 360,Official Records; THENCE N84°05'18"E,with a south line of said 211.79 acre tract,for a distance of 645.05 feet to an ell corner of said 211.79 acre tract,same being the northeast corner of a called 7.408 acre tract described in a Deed from Lois Kearse Lively,et al to Mid-South Electric Co-Op Association,dated April 22, 1981 and recorded in Volume 375,Page 445,Deed Records; THENCE SOO'20'50"E,with a west line of said 211.79 acre tract and the east line of said 7.408 acre tract, for a distance of 385.70 feet to an angle corner of said 211.79 acre tract,same being the northwest corner of a called 7.00 acre tract as described in a Deed from Odell Knight to D&T Pipe Supply,Inc.,dated October 21, 1983 and recorded in Volume 420,Page 191,Deed Records; THENCE N81°42'30"E,with a south line of said 211.79 acre tract for a distance of 983.94 feet to the northeast corner of a called 1.00 acre tract,same being an ell corner of said 211.79 acre tract; THENCE southerly,with a west line of said 211.79 acre tract and the east line of the 1.00 acre tract,for a distance of 286.95 feet to its southeast corner,same being an ell corner of the 211.79 acre tract and also being the northwest corner of a called 8.151 acre tract as described in a Deed from Cinco Partnership LTD to Norman S.Rash,dated August 27, 1987 and recorded in Volume 053,Page 318, Official Records; THENCE N85°51'50"E,with the most southerly south line of the 211.79 acre tract for a distance of 1864.65 feet to the northeast corner of a called 10.76 acre tract described in a Deed from Lois K. Lively, et al to J. L. Cole, et al,dated July 13, 1983 and recorded in Volume 415, Page 30, Deed Records,same being the southeast corner of said 211.79 acre tract and being in the west line of a called 79.40 acre tract described as"Tract 2"as per B.O.T.-HYPONEX SUBDIVISION,dated December 21, 1987 and recorded in Volume 2,Page 48 of the Plat Records of Walker County,Texas; THENCE N00°26'00"W,with an east line of said 211.79 acre tract and the west line of said 79.40 acre tract,for a distance of 1387.75 feet to its northwest corner,same being a southwest corner of a called 122.6 acre tract described as the"Fourth Tract"of the"THIRD GROUP"in a Deed to Mary A.Smither recorded in Volume 110,Page 102,Deed Records; THENCE NW43'00"E,with the north line of said 79.45 acre tract and a south line of said 122.6 acre tract, at 1446.50 feet pass the northwest corner of said 79.40 acre tract, same being a southwest corner of said 122.6 acre tract,said corner being in the southwest right-of-way line of I.H.45, continuing across I.H.45 to a point on the northeast right-of-way line of I.H.45; THENCE Southeasterly with the northeast right-of-way line of I.H.45 to a point for the west corner of a called 10.62 acre tract as described in a Deed from Huntsville Industrial Foundation,Inc.to Master Chemical Corporation,dated February 28, 1975 and recorded in Volume 276,Page 554,Deed Records; THENCE S89°54'06"W,with the north line of said 10.67 acre tract,for a distance of 1536.68 feet to the northeast corner of a called 10.78 acre tract described in a Deed from Huntsville Industrial Foundation, Inc. to The Heil Co.,dated November 7, 1973 and recorded in Volume 262, Page 121, Deed Records,same being in the east line of said CRABB SURVEY and the west line of said BIRDSELL LEAGUE; THENCE S00°20'07"E, with the common line of the CRABB SURVEY and BIRDSELL LEAGUE, for a distance of 481.86 feet to a point for the northwest corner of a called 3.0 acre tract described in a Deed from Anthony Branch to Anthony Branch,Jr.,dated October 24, 1972 and recorded in Volume 250,Page 404,Deed Records; THENCE Easterly with the south right-of-way line of said Moffett Springs Road to a point at the intersection of the existing city limits line dated March 14,1969 and recorded in Volume 219,Page 627, Deed Records,said point being in a west line of City Airport property; THENCE Southerly with the existing city limits line and extended to a point 1200 feet from and at right angle to I.H.45,said point being the north corner of said Ordinance No.81-4 known as Area "T2", THENCE Southerly with the common line of said existing city limit line and said Thomason 38.32 acre tract to the PLACE OF BEGINNING. "EXHIBIT B" CITY OF HUNTSVILLE, TEXAS MUNICIPAL SERVICE PLAN HWY. 75 (NORTH) INTRODUCTION Pursuant to Texas Local Government Code,Chapter 43-Municipal Annexation,the City of Huntsville,Texas,has prepared this Service Plan for the delivery of municipal services to the territory proposed for annexation. The proposed tracts are all located adjacent to the present existing City limits and within the City's ETJ. Texas law establishes the concept of extra- territorial jurisdiction(ETJ)for cities based on their number of inhabitants. For cities,such as Huntsville, with between 25,000 and 50,000 inhabitants, the ETJ is two(2) miles. The city may annex up to ten percent(10%)of its total area each year. This(10%)maybe accumulated year to year if the City does not annex additional territory or annexes less than the maximum. The City of Huntsville has not annexed any territory since 1984. The City Council of the City of Huntsville may annex thirty percent (30%) of its ETJ boundary areas, which equals approximately 4,000 acres of non-public land in 1994. The areas contain approximately 1,206 single family residences and 44 business establishments. Based on household population figures established by the 1990 census,the approximately 1,206 single family residences are estimated to contain approximately 2.32 inhabitants per dwelling. Based on the number of houses and inhabitants, the density for the entire area is calculated to be approximately 393.52 people per square mile, compared to the City's current density of 1,345 per square mile. 1 Annexation of these areas will provide the residents in the areas with the full privileges and responsibilities associated with living in a city. Annexation should not result in any unmanageable cost expenditures to the City. Three municipal services - water distribution, sanitary sewage collection and solid waste collection and disposal -are directly cost recoverable through user fees. Municipal services supported by municipal taxation,such as library facilities,parks and recreational activities,are already available and used by county residents. Other tax supported services such as police protection,code enforcement,general government activities and routine street maintenance will be extended through existing programs and staff. No significant increases in municipal staff are expected in the near future as a result of these proposed annexations to the city limits alone. Using the most recent assessed values, provided by the Walker County Appraisal District,the land,improvements and personal property within all the areas proposed for annexation are valued at approximately$110,606,200 which,with a tax rate of$.3844 per$100 value, will generate$425,170 in new property tax revenues. Planning a city's growth is no easy task as social,political, economic and fiscal issues must be considered. The benefits that are derived from an annexation program are usually not immediate. It is doubtful that most annexations pay for themselves immediately. Over the long term, however, it is thought to be much more fiscally responsible to manage growth early on rather than to try and correct it 10 or 20 years after the fact. The fact is that uncontrolled growth outside the city limits will be tomorrow's problems if a city doesn't exert some control in the development process. Therefore,annexation is usually fiscally beneficial in the long term, but not in the short term. 2 FOVERNMENTAL SERVICES y of Huntsville provides a variety of general services to the citizens of the City. ith the State annexation law,the following municipal services shall be provided n of an area by the City of Huntsville: rvice will be extended to the area immediately upon annexation. These activities ude normal patrols,responses, the handling of complaints and incident reports. Additional capital improvements are not necessary at this time to provide police protection to the area. 2. Fire service to the annexed area, provided by the Huntsville Fire Department, will be immediately available to the area within the limitations of available water and current fire stations. Additional capital improvements are not necessary at this time to provide fire protection to the area. Fire inspections will be made in accordance with city policies. 3. Library services, through the Huntsville Public Library, will be available immediately to the annexed area. 4. City Parks and Recreation facilities do not exist in the annexed area. The City,however, operates 17 community parks that are available for the use of city residents. These parks include Kate Barr Ross Memorial Park, Emancipation Park, Thomas Henry Ball Park and Thomason Park. Recreational and athletic programs and facilities are available at these parks for City residents. Additionally, the City sponsors a variety of summer recreational programs that will be available to the annexed area. No capital improvements are necessary at this time to provide recreation services to the area. 3 5. Code enforcement services will be provided immediately upon annexation by the Central Inspection Division for the City's Public Works Department. These services include building, mechanical,plumbing and sanitary inspection. Animal Control services will be provided immediately. No capital improvements are necessary at this time to provide code enforcement services to the area. 6. Street lighting services in the area will be assumed by the City immediately upon annexation. A representative of the City will contact Entergy and/or Mid-South Electric concerning the existence of any public street lighting facilities in the annexed area; if such facilities exist, the City will immediately assume the operational costs. Residents of the area desiring the erection of street lighting facilities may contact the City for a determination of need for the installation of a street light according to the current city policy. 7. The facilities at the Huntsville Municipal Airport will be available to the annexed territory. 8. The City shall commence regular maintenance of the streets and drainage facilities in the annexed territory within 60 days. Traffic signs,street markings and other traffic control devices will be installed as the need is established by appropriate traffic standards and city policies. Existing streets and drainage facilities shall be maintained in at least the same condition at which they were annexed. Additional roads,streets or related facilities are not necessary at this time to serve the area. Major rehabilitation or upgrading to the street and drainage facilities,if needed,will be included in future Capital Improvements 4 Budgets of the City. Actual construction of capital street and drainage facilities shall be dependent on the prioritization of the project and the availability of funds. 9. All properties previously restricted for single family residential use will be placed in a "nc"-neighborhood conservation zoning district. All other properties will be placed in a"m"-management zoning district. Subsequent district changes will be in accordance with City ordinances and state law. 10. Except as specifically provided herein,it is not necessary to acquire,construct,or locate any facilities, buildings or services within the area being annexed. The area will be included with all other territory in the City in connection with planning for new,revised or expanded services. SANITATION Collection of solid waste shall commence within 60 days. The revenues generated at the current rate will be sufficient to cover collection and disposal cost. Residential service will be uniform throughout the City. Currently residential collection service is garbage/trash pickup two (2) times per week. Residential brush pickup is also provided with some limitations. Commercial service depends on need. Some commercial collection services in the areas to be annexed are already provided by the City. Except as specifically provided herein,it is not necessary to acquire,construct,or locate any facilities, buildings or services within the area being annexed. The area will be included with all other territory in the City in connection with planning for new, revised or expanded services. 5 PUBLIC WATER FACILITIES The City of Huntsville operates and maintains its public water supply system. Those City water mains that exist in the annexed area will continue to be so maintained. Service connections and service fees will be at the standard rates as established by ordinance. Extension of water mains are handled through the Utility Extension Policy of the City. Any private water systems will remain private and may continue to service their existing customers. Extensions to these facilities will be permitted only as allowed by state and federal law. The area will be included with all other territory in the City in connection with planning for new, revised or expanded public water facilities,except where limited by federal or state laws protecting existing private water systems. Except as specifically provided herein,it is not necessary to acquire,construct,or locate any facilities, buildings or services within the area being annexed. The area will be included with all other territory in the City in connection with planning for new, revised or expanded services. PUBLIC SEWER FACILITIES The City owns, operates and maintains all of its sanitary sewer system. City owned wastewater collection/treatment, facilities in the annexed area will be maintained by the City. There are not other publicly owned wastewater collection/treatment facilities in the area to be acquired or maintained by the City. Commonly used private sewer systems may continue to operate subject to applicable State laws and City ordinances. Service connections, extensions and service fees will be at the standard rates as established by ordinance by Council. Extension of sewer mains to properties not currently will be made consistent with the City's Utility 6 Extension Policy. The annexed areas will be included with all other territory in the City in connection with planning for new,revised or expanded wastewater facilities. Except as specifically provided herein,it is not necessary to acquire,construct,or locate any facilities,buildings or services within the area being annexed. The area will be included with all other territory in the City in connection with planning for new, revised or expanded services. VOTING All persons eligible to vote shall be immediately eligible to participate in City elections, subject only to approval of the U.S.Department of Justice. Each area will be placed in a City ward based upon its contiguousness and population. 7 HIGHWAY 75(NORTH) LOCATION: Northwest of City and on both sides of Interstate 45 North. The subject is adjacent to Texas Dept.of Criminal Justice Headquarters. TOTAL AREA: 1,272 acres. LAND USE: Highway 75 North displays a mixture of land uses. The north side of Highway 75 is primarily industrial in nature although there are two to three large residential tracts and a couple of undeveloped tracts. The west side of Interstate 45 abutting Highway 75 is diverse in terms of land use. The section is surrounded with residential,commercial,mobile homes and industrial developments. POPULATION: It is estimated that approximately 122 people reside in the area. The residents on the east side of I-45 are primarily minority residents, the remaining areas are non-minorities and middle income. STREETS: Of the four (4) miles of streets located in the area, 1.9 miles are state highways. EXISTING UTILITIES: Except for a sanitary sewer lift station and force main at Texas Department of Criminal Justice Headquarters facilities used to connect into the municipal sewerage system, no municipal utilities exist in the area. The nearest sewerage facility is the McGary Creek sewer line located just to the south of the new proposed city limit line. 8 .V� t I .BM 3<J mt5 � '^�.—.._ �� __ n`�T m•a,x _ �.�: AHILL ABB i €s �O S•� _�J .`HI.Cy4RYCF3.ABB I _ ��n s !$• . / " .`Alis ;J Y ppm 6 $ .nA zzv'xx F _w ` STATE�PR45\ FM \xr ' J.RAN -\ _ ---- ,>d:e A I. PALMER ^Oae a GENERAL CHARACTERISTICS AREA TO BE ANNEXED: HIGHWAY 75 NORTH ACREAGE PRIVATE 986 PUBLIC 286 TOTAL 1,272 NUMBER OF DWELLING UNITS: 57 NUMBER OF COMMERCIAL/ INDUSTRIAL UNITS: 27 ESTIMATED POPULATION: 122 LOCATION MAP 9 tl u r j '�II � L HIGHWAY 75 - NORTH l u II II I � i II ----- Management District Temporary Zoning Districts I r Neighborhood Conservation per 1994 Annexation m it C, i M 45 N b SII 11 li II — r n o n 75 i'�llo n 190 n(jp 0 p I _ �-yn n \ 1 ❑LJ l'�� II If M `li II M III I 1 ,u 11 II 0 o r 1 ,- p RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: ORDINANCE 94-34 ANNEXATION-F.M.247/980 9-13-94 ORDINANCE NO.94-34 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, PROVIDING FOR THE ANNEXATION OF CERTAIN TERRITORY(F.M.247/980)THAT LIES ADJACENT TO AND ADJOINS THE PRESENT BOUNDARY LIMITS OF THE CITY OF HUNTSVILLE, TEXAS; APPROVING A SERVICE PLAN FOR THE AREA;AND MAKING VARIOUS OTHER FINDINGS AND PROVISIONS RELATED THERETO. WHEREAS Pursuant to Ordinance 94-20, the City of Huntsville ordered public hearings where all interested persons would be provided the opportunity to be heard on the proposed annexation of the property described in Exhibit"A"attached hereto;and WHEREAS Notices of such public hearings were published in the Huntsville Item, a paper having general circulation in the City of Huntsville,Texas and Walker County, Texas,on Sunday,July 31, 1994,and Sunday,August 7, 1994,which dates were not more than 20 days nor less than 10 days prior to the date of the opening of such public hearings;and WHEREAS The public hearings were held at 5:30 p.m.on Thursday,August 11, 1994,and Thursday, August 18, 1994, in the City Council Chambers of the City Council at City Hall, 1212 Avenue M,Huntsville,Texas,which dates are not more than 40 days nor less than 20 days prior to the consideration of this ordinance; and WHEREAS During the hearings the proposed service plan was made available for inspection and explained to the inhabitants of the areas to be annexed at that time; and WHEREAS The City of Huntsville has a population in excess of 25,000 but less than 49,999 inhabitants; and WHEREAS The above described property lies within the extraterritorial jurisdiction of the City of Huntsville, Texas; and WHEREAS The corporate area of the City of Huntsville, Texas, was approximately 13,284 acres on the 1st day of January, 1994; and NOW,THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE,TEXAS,that: Section 1: The following described land and territory lying adjacent to and adjoining the City of Huntsville,Texas,is hereby added and annexed to the City of Huntsville, Texas,and the territory hereinafter described shall hereinafter be included within the boundary limits of the City of Huntsville, Texas, and the present boundary limit of the City, at the various points contiguous to the area hereinafter described,are altered and amended so as to include the area within the corporate limits of the City of Huntsville Texas,described in "Exhibit A",attached. Section 2: The Service Plan attached to this ordinance(Exhibit"B"),and made a part hereof for intents and purposes, is hereby adopted and approved as the Service Plan for the area annexed by this ordinance. Section 3: The above described territory and the area so annexed shall be a part of the City of Huntsville,Texas,and the property so added shall bear its pro rata part of the taxes levied by the City of Huntsville,Texas,and the inhabitants thereof shall be entitled to all of the rights and privileges of all the citizens of Huntsville and shall be bound by the acts, ordinances, resolutions and regulations of the City of Huntsville, Texas. Section 4: Upon final passage,the property previously restricted as single family residential shall be zoned as "NC", neighborhood conservation district, and all other property shall be zoned as"M",management district as shown on the amendment to the official zoning map of the City, attached hereto as 'Exhibit C". This zoning classification shall be temporary. The City Planning Officer and City Planning and Zoning Commission are hereby directed to commence proceedings to make a recommendation to City Council for permanent zoning within six(6) months. Section 5: The City Secretary shall file a certified copy of this ordinance with the County Clerk within thirty(30)days of notice of U. S. Justice Department approval of this annexation. Section 6: This ordinance shall take effect immediately upon its passage by Council. PASSED AND APPROVED this the 13th day of September, 1994. THE CITY OF HUNTSVILLE W. H. Hodges,Mayo ATTEST: Darin Welter, City Secretary APPS�,,OppVED: Scott Bounds, City Attorney EXHIBIT "A" F.M.247/980 Beginning at the intersection of the south right-of-way line of Jenkins Road and the west right-of- way line of F.M.247,same being a corner of the existing city limits line as per Ordinance No. 84-29 dated November 13, 1984,said corner being the northeast corner of a called 8.32 acre tract known as April Point Mobile Home Park and described in a Deed from Thomas L.Rose to April Point,Ltd.,dated July 31, 1987 and recorded in Volume 051,Page 331,Official Records of Walker County,Texas; THENCE Westerly,with the south right-of-way line of said Jenkins Road and the north line of said 8.32 acre tract,same being with the existing city limits line to a northwest corner of said 8.32 acre tract; THENCE Southerly and westerly with said existing city limits line to a point in the center of Parker Creek,said point being at the southeast corner of a called 9.28 acre tract in a Deed to Clara Price recorded in Volume 272,Page 418; THENCE Westerly with the existing city limits line and the meanders of said Parker Creek to a point on the north line of a called 19.92 acre tract described in a Deed from W.R.Coffey,Trustee to Frank J.Robinson,dated June 13,1991 and recorded in Volume 0145,Page 178,Official Records,same being the most southern southwest corner of a tract or parcel of land in a Deed to Frank Robinson recorded in Volume 286,Page 443,Deed Records,said corner being in the east line of a called 4.065 acre tract described as Tract 2 in a Deed from Paul D.Ruffin to Frank Robinson,dated January 4,1985 and recorded in Volume 440,Page 582,Deed Records; THENCE Southerly continuing with the existing city limits line and a west line of a Robinson 122 acre tract to an ell corner of said Robinson tract,same being in the north line of a called 33.57 acre tract described in a Deed from Resolution Trust Corporation to Eds West,Inc.,dated August 29, 1991 and recorded in Volume 0151,Page 216,Official Records; THENCE Westerly continuing with the existing city limits line to the northwest corner of a called 50.6 acre tract described in a Deed form John H. Rizzo to Joe Ferro, dated January 10, 1968 and recorded in Volume 210,Page 710,Deed Records,same being in the west line of the WILEY PARKER SURVEY,Abstract No.37 and in the east line of the W.BIRDSELL LEAGUE,Abstract No.6; THENCE Northerly continuing with the existing city limits line and the common lines of the PARKER and BIRDSELL SURVEYS to the northwest corner of a called 20 acre tract described in a Deed from Frank J. Robinson, Sr. to Frank J. Robinson, Jr., dated July 13, 1984 and recorded in Volume 432,Page 402,Deed Records; THENCE Easterly with the north line of said 20 acre tract pass its northeast corner and continuing easterly across a called 4.065 acre Robinson tract to a point on its east line; THENCE Northerly with said Robinson tracts to a point for the northeast corner of a called 40.36 acre tract described in a Deed from Bertha G.Jamison,et al to Frank J.Robinson,dated September 7, 1990 and recorded in Volume 0128,Page 185,Official Records,said corner being the northwest corner of a called 10.58 acre tract described in a Contract of Sale from Veterans Land Board to Curtis W. Gideon,dated November 9, 1987 and recorded in Volume 058,Page 805,Official Records; THENCE Easterly with the north line of said 10.58 acre tract to a point on its north line,said point being the southwest corner of a called 10.50 acre tract described in a Deed from Harold E. McAdams to John C.McAdams,dated June 3, 1992 and recorded in Volume 0169,Page 513,Official Records and also being in the east line of a called 18 acre tract described in a Deed to Lynn Reynolds; THENCE Northerly with the east line of said 18 acre tract to its northeast corner and the northwest corner of the O'Bannon Addition as per plat recorded in Volume 1,Page 38,Plat Records of Walker County,Texas; THENCE Easterly with the north line of said O'Bannon Addition and the north right-of-way line of Pine Hollow Dr.,pass the northeast corner of said Addition,same being in the southwest right-of-way line of F.M.247,continuing easterly across F.M.247 to a point in the northeast right-of-way line of F.M.247; THENCE Northerly with the northeast right-of-way line of F.M.247 to a point for the northwest corner of a called 1.5 acre tract described in a Deed from Willie May Shotwell to Wilson T.Shotwell, dated April 19, 1979 and recorded in Volume 336,Page 733,Deed Records; THENCE Easterly with the north line of said 1.5 acre tract pass its northeast corner,same being a northwest corner of a called 16 acre tract as described in a Deed from Susie Coburn,et al to Willie May Shotwell, dated December 22, 1948 and recorded in Volume 130, Page 435, Deed Records, continuing with the north line of said 16 acre tract pass a southwest corner of a called 15 acre tract described in a Deed from Bertha Smith Laskie to George E.Hays,dated October 15, 1986 and recorded in Volume 027,Page 210,Official Records,said corner being at the southwest corner of Duke Road, continuing with the north line of said Shotwell tract and the south right-of-way line of Duke Road to the northeast corner of said Shotwell tract and being the northwest corner of a called 7.5 acre tract described in a Deed from Ruby L.Aven,et al to Oliver E.Smith,dated August 14,1971 and recorded in Volume 238,Page 262,Deed Records,said point being in the northwest right-of-way line of F.M.980; THENCE Northeasterly, with the northwest right-of-way line of F.M. 980 to a point of intersection if the south line of Pinecrest Acres Section I was extended west would intersect the northwest right-of-way line of F.M.980; THENCE Southeasterly, across F.M. 980 along the extended south line of Pinecrest Acres Section I to the northeast corner of Creekview Subdivision as per plat recorded in Volume 1,Page 44, Plat Records and being in the center of Parker Creek; THENCE Southwesterly with the meanders of said Parker Creek to the northeast corner of a called 80-1/2 acre tract described in a Deed from Nola Westmoreland Wilson,et al to Logan Wilson,et al,dated June 16,1948 and recorded in Volume 122,Page 282,Deed Records and as per Deed recorded in Volume 260,Page 110,dated September 14, 1973 and another deed recorded in Volume 355,Page 659; THENCE Southerly continuing with the east lines of said 80-1/2 acre tract to its southeast corner, same being the northeast corner of a called 5.65 acre tract as described in a Deed from Lois A.Russell, et al to R.Karl Mahaffey,dated May 10, 1978 and recorded in Volume 319,Page 511,Deed Records, continuing with the east line of said 5.65 acre tract to its southeast corner; THENCE Southerly and being 1000 feet east of and parallel to the east right-of-way line of F.M. 247 to the intersection with the north line of another existing city limits line dated May 8, 1973; THENCE Westerly with said existing city limits line and across F.M.247 to the existing city limits line on the west right-of-way line of F.M.247; THENCE Northerly with the existing city limits line and the west right-of-way line of F.M.247 to the PLACE OF BEGINNING. "EXHIBIT B" CITY OF HUNTSVILLE, TEXAS MUNICIPAL SERVICE PLAN FM 247/980 INTRODUCTION Pursuant to Texas Local Government Code,Chapter 43-Municipal Annexation,the City of Huntsville,Texas,has prepared this Service Plan for the delivery of municipal services to the territory proposed for annexation. The proposed tracts are all located adjacent to the present existing City limits and within the City's ETJ. Texas law establishes the concept of extra- territorial jurisdiction(ETJ)for cities based on their number of inhabitants. For cities, such as Huntsville, with between 25,000 and 50,000 inhabitants, the ETJ is two(2) miles. The city may annex up to ten percent(10%)of its total area each year. This(10%)may be accumulated year to year if the City does not annex additional territory or annexes less than the maximum. The City of Huntsville has not annexed any territory since 1984. The City Council of the City of Huntsville may annex thirty percent (30%) of its ETJ boundary areas, which equals approximately 4,000 acres of non-public land in 1994. The areas contain approximately 1,206 single family residences and 44 business establishments. Based on household population figures established by the 1990 census,the approximately 1,206 single family residences are estimated to contain approximately 2.32 inhabitants per dwelling. Based on the number of houses and inhabitants,the density for the entire area is calculated to be approximately 393.52 people per square mile,compared to the City's current density of 1,345 per square mile. 1 Annexation of these areas will provide the residents in the areas with the full privileges and responsibilities associated with living in a city. Annexation should not result in any unmanageable cost expenditures to the City. Three municipal services - water distribution, sanitary sewage collection and solid waste collection and disposal -are directly cost recoverable through user fees. Municipal services supported by municipal taxation,such as library facilities,parks and recreational activities,are already available and used by county residents. Other tax supported services such as police protection,code enforcement,general government activities and routine street maintenance will be extended through existing programs and staff. No significant increases in municipal staff are expected in the near future as a result of these proposed annexations to the city limits alone. Using the most recent assessed values, provided by the Walker County Appraisal District,the land,improvements and personal property within all the areas proposed for annexation are valued at approximately$110,606,200 which,with a tax rate of$.3844 per$100 value,will generate$425,170 in new property tax revenues. Planning a city's growth is no easy task as social,political, economic and fiscal issues must be considered. The benefits that are derived from an annexation program are usually not immediate. It is doubtful that most annexations pay for themselves immediately. Over the long term, however, it is thought to be much more fiscally responsible to manage growth early on rather than to try and correct it 10 or 20 years after the fact. The fact is that uncontrolled growth outside the city limits will be tomorrow's problems if a city doesn't exert some control in the development process. Therefore,annexation is usually fiscally beneficial in the long term, but not in the short term. 2 GENERAL GOVERNMENTAL SERVICES The City of Huntsville provides a variety of general services to the citizens of the City. In accordance with the State annexation law,the following municipal services shall be provided upon annexation of an area by the City of Huntsville: 1. Police service will be extended to the area immediately upon annexation. These activities will include normal patrols,responses,the handling of complaints and incident reports. Additional capital improvements are not necessary at this time to provide police protection to the area. 2. Fire service to the annexed area, provided by the Huntsville Fire Department, will be immediately available to the area within the limitations of available water and current fire stations. Additional capital improvements are not necessary at this time to provide fire protection to the area. Fire inspections will be made in accordance with city policies. 3. Library services, through the Huntsville Public Library, will be available immediately to the annexed area. 4. City Parks and Recreation facilities do not exist in the annexed area. The City,however, operates 17 community parks that are available for the use of city residents. These parks include Kate Barr Ross Memorial Park, Emancipation Park, Thomas Henry Ball Park and Thomason Park. Recreational and athletic programs and facilities are available at these parks for City residents. Additionally, the City sponsors a variety of summer recreational programs that will be available to the annexed area. No capital improvements are necessary at this time to provide recreation services to the area. 3 5. Code enforcement services will be provided immediately upon annexation by the Central Inspection Division for the City's Public Works Department. These services include building, mechanical,plumbing and sanitary inspection. Animal Control services will be provided immediately. No capital improvements are necessary at this time to provide code enforcement services to the area. 6. Street lighting services in the area will be assumed by the City immediately upon annexation. A representative of the City will contact Entergy and/or Mid-South Electric concerning the existence of any public street lighting facilities in the annexed area; if such facilities exist, the City will immediately assume the operational costs. Residents of the area desiring the erection of street lighting facilities may contact the City for a determination of need for the installation of a street light according to the current city policy. 7. The facilities at the Huntsville Municipal Airport will be available to the annexed territory. 8. The City shall commence regular maintenance of the streets and drainage facilities in the annexed territory within 60 days. Traffic signs,street markings and other traffic control devices will be installed as the need is established by appropriate traffic standards and city policies. Existing streets and drainage facilities shall be maintained in at least the same condition at which they were annexed. Additional roads,streets or related facilities are not necessary at this time to serve the area. Major rehabilitation or upgrading to the street and drainage facilities,if needed,will be included in future Capital Improvements 4 Budgets of the City. Actual construction of capital street and drainage facilities shall be dependent on the prioritization of the project and the availability of funds. 9. All properties previously restricted for single family residential use will be placed in a 'Inc"-neighborhood conservation zoning district. All other properties will be placed in a"m"-management zoning district. Subsequent district changes will be in accordance with City ordinances and state law. 10. Except as specifically provided herein,it is not necessary to acquire,construct,or locate any facilities, buildings or services within the area being annexed. The area will be included with all other territory in the City in connection with planning for new,revised or expanded services. SANITATION Collection of solid waste shall commence within 60 days. The revenues generated at the current rate will be sufficient to cover collection and disposal cost. Residential service will be uniform throughout the City. Currently residential collection service is garbage/trash pickup two (2) times per week. Residential brush pickup is also provided with some limitations. Commercial service depends on need. Some commercial collection services in the areas to be annexed are already provided by the City. Except as specifically provided herein,it is not necessary to acquire,construct,or locate any facilities, buildings or services within the area being annexed. The area will be included with all other territory in the City in connection with planning for new, revised or expanded services. 5 PUBLIC WATER FACILITIES The City of Huntsville operates and maintains its public water supply system. Those City water mains that exist in the annexed area will continue to be so maintained. Service connections and service fees will be at the standard rates as established by ordinance. Extension of water mains are handled through the Utility Extension Policy of the City. Any private water systems will remain private and may continue to service their existing customers. Extensions to these facilities will be permitted only as allowed by state and federal law. The area will be included with all other territory in the City in connection with planning for new, revised or expanded public water facilities,except where limited by federal or state laws protecting existing private water systems. Except as specifically provided herein,it is not necessary to acquire,construct,or locate any facilities, buildings or services within the area being annexed. The area will be included with all other territory in the City in connection with planning for new, revised or expanded services. PUBLIC SEWER FACILITIES The City owns, operates and maintains all of its sanitary sewer system. City owned wastewater collection/treatment, facilities in the annexed area will be maintained by the City. There are not other publicly owned wastewater collection/treatment facilities in the area to be acquired or maintained by the City. Commonly used private sewer systems may continue to operate subject to applicable State laws and City ordinances. Service connections, extensions and service fees will be at the standard rates as established by ordinance by Council. Extension of sewer mains to properties not currently will be made consistent with the City's Utility 6 Extension Policy. The annexed areas will be included with all other territory in the City in connection with planning for new,revised or expanded wastewater facilities. Except as specifically provided herein,it is not necessary to acquire,construct,or locate any facilities, buildings or services within the area being annexed. The area will be included with all other territory in the City in connection with planning for new, revised or expanded services. VOTING All persons eligible to vote shall be immediately eligible to participate in City elections, subject only to approval of the U.S.Department of Justice. Each area will be placed in a City ward based upon its contiguousness and population. 7 HIGHWAY 247/980 LOCATION: North Central Huntsville TOTAL AREA: 687 acres. LAND USE: One-half of the area is undeveloped. The remaining one-half contains sprawl developments. There are mobile homes within the area and approximately 136 single family dwelling units and three(3)commercial establishment exists. POPULATION: The population is estimated to be 313 persons residing within the subject areas. The income diversity is mixed,however, it favors low to middle income and non-minority persons. STREETS: 3.2 miles of street. 1.7 miles is FM 980 and FM 247. The remaining 1.5 miles is non-curb asphalt. EXISTING UTILITIES: Municipal water is available to the intersection of FM 247 and FM 980. Pine Prairie water is available to a part of the area. The closest available sewer is the City's main trunk line along Parker Creek. Due topography, land use and population density, sewerage facilities have not been extended,resulting in the use of individual disposal systems. 8 � M. / \ 900 � =moi Isl@ ,q. -W I L=EY P4 _ =s I —. - .J.s.J63 I ��p8p f-� j `-'Y16 II Siam Ae41.8 (/� w T WILErm PARKER / X37 — s IS- GENERAL STATE FARM �� \ GENERAL CHARACTERISTICS AREA TO BE ANNEXED: HIGHWAY 247/980 ACREAGE PRIVATE 650 PUBLIC 37 TOTAL 687 NUMBER OF DWELLING UNITS: 136 NUMBER OF COMMERCIAL/ INDUSTRIAL UNITS: 3 ESTIMATED POPULATION: 313 LOCATION MAP Revised lune 25,1994 9 I �_ C , f KEHWY47/HWY 980 NC ( — I I Management District u c II Neighborhood Conservation d _ 11 4'. 11 II o n P f n M d Temporary Zoning Districts M d dd per 1994 Annexation P<AxFA ,. q j 247 \ 11 u 0 uG� CII(7 ..ad2-!If: / RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: ORDINANCE 94-35 ANNEXATION-BADGER/7OHNSON/190/GENEVA 9-13-94 ORDINANCE NO.94-35 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, PROVIDING FOR THE ANNEXATION OF CERTAIN TERRITORY (BADGER ADDITION, JOHNSON ROAD, HIGHWAY 190/GENEVA ROAD) THAT LIES ADJACENT TO AND ADJOINS THE PRESENT BOUNDARY LIMITS OF THE CITY OF HUNTSVILLE, TEXAS; APPROVING A SERVICE PLAN FOR THE AREA;AND MAKING VARIOUS OTHER FINDINGS AND PROVISIONS RELATED THERE,TO. WHEREAS Pursuant to Ordinance 94-20, the City of Huntsville ordered public hearings where all interested persons would be provided the opportunity to be heard on the proposed annexation of the property described in Exhibit"A"attached hereto;and WHEREAS Notices of such public hearings were published in the Huntsville Item, a paper having general circulation in the City of Huntsville, Texas and Walker County, Texas,on Sunday,July 31, 1994,and Sunday,August 7, 1994,which dates were not more than 20 days nor less than 10 days prior to the date of the opening of such public hearings;and WHEREAS The public hearings were held at 5:30 p.m. on Thursday,August 11, 1994,and Thursday, August 18, 1994, in the City Council Chambers of the City Council at City Hall, 1212 Avenue M,Huntsville,Texas,which dates are not more than 40 days nor less than 20 days prior to the consideration of this ordinance; and WHEREAS During the hearings the proposed service plan was made available for inspection and explained to the inhabitants of the areas to be annexed at that time; and WHEREAS The City of Huntsville has a population in excess of 25,000 but less than 49,999 inhabitants; and WHEREAS The above described property lies within the extraterritorial jurisdiction of the City of Huntsville,Texas; and WHEREAS The corporate area of the City of Huntsville,Texas, was approximately 13,284 acres on the 1st day of January, 1994; and NOW,THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE,TEXAS, that: Section 1: The following described land and territory lying adjacent to and adjoining the City of Huntsville,Texas,is hereby added and annexed to the City of Huntsville, Texas,and the territory hereinafter described shall hereinafter be included within the boundary limits of the City of Huntsville, Texas, and the present boundary limit of the City, at the various points contiguous to the area hereinafter described,are altered and amended so as to include the area within the corporate limits of the City of Huntsville Texas, described in "Exhibit A", attached. Section 2: The Service Plan attached to this ordinance(Exhibit"B"),and made a part hereof for intents and purposes, is hereby adopted and approved as the Service Plan for the area annexed by this ordinance. Section 3: The above described territory and the area so annexed shall be a part of the City of Huntsville,Texas,and the property so added shall bear its pro rata part of the taxes levied by the City of Huntsville,Texas,and the inhabitants thereof shall be entitled to all of the rights and privileges of all the citizens of Huntsville and shall be bound by the acts, ordinances, resolutions and regulations of the City of Huntsville,Texas. Section 4: Upon final passage,the property previously restricted as single family residential shall be zoned as "NC", neighborhood conservation district, and all other property shall be zoned as"M",management district as shown on the amendment to the official zoning map of the City, attached hereto as "Exhibit C". This zoning classification shall be temporary. The City Planning Officer and City Planning and Zoning Commission are hereby directed to commence proceedings to make a recommendation to City Council for permanent zoning within six(6) months. Section 5: The City Secretary shall file a certified copy of this ordinance with the County Clerk within thirty(30)days of notice of U. S.Justice Department approval of this annexation. Section 6: This ordinance shall take effect immediately upon its passage by Council. PASSED AND APPROVED this the 13th day of September, 1994. THE CITY OF HUNTSVILLE W. H. Hodges, Ma or ATTEST: Danna Welter,City Secretary APP R VED: _ l Scott Bounds, City Attorney EXHIBIT "A" BADGER ADDITION,JOHNSON ROAD,HIGHWAY 190/GENEVA ROAD BEGINNING at the northwest corner of the JAMES STRANGE SURVEY,Abstract No.530, same being in the south line of the FOSTER BOBO SURVEY, Abstract No. 74 and being also the northeast corner of a called 4.158 acre tract as described in a Deed from J.E.Badger to Curtis Ellisor, dated February 22, 1966 and recorded in Volume 198, Page 545, Deed Records of Walker County, Texas,said corner being also the northwest corner of the E.Al Johnson Subdivision as per plat recorded in 108,Page 118,Deed Records; THENCE Easterly with the common lines of the BOBO and STRANGE SURVEYS,same being the north line of the E.Al Johnson Subdivision to the northeast corner of said subdivision,same being the northwest corner of a called 24.877 acre tract as described in a Deed to Perry L.Little recorded in Volume 208,Page 473,Deed Records; THENCE Southerly with the east line of said subdivision and the west line of said Little tract to a corner in the center of Tan Yard Creek,same being the southwest corner of said Little tract and the most southeasterly corner of said subdivision; THENCE Southerly across the STRANGE SURVEY pass a point for the northeast corner of E. Arthur Ross property and the northwest corner of the N.Clark property,continuing southerly with the east line of said Ross tract and the west line of said Clark tract pass the southeast corner of said Ross tract,same being in the southwest corner of said Clark tract and being on the north right-of-way line of Old Colony Road,continuing southerly across Old Colony Road to a point on its south right-of-way line, said point being in the north line of a called 5.8 acre tract described in a Deed to Sam Mock and being in the H.L.HUNTER SURVEY,Abstract No.248; THENCE Westerly with the south right-of-way line of Old Colony Road to its intersection with the east right-of-way line of Geneva Road; THENCE Southerly with the east right-of-way line of Geneva Road to its intersection with the north right-of-way line of U.S. 190; THENCE Easterly with the north right-of-way line of U.S. 190 to a point of intersection if the west right-of-way line of Champion Woodyard Road was extended; THENCE Southerly,across U.S.190 and continuing with the west right-of-way line of Champion Woodyard Road to a point 500 feet perpendicular with and south of the southwest right-of-way line of U.S. 190; THENCE Northwesterly being 500 feet south of and parallel with the south right-of-way line of U.S. 190 to its intersection with the existing city limits line as per Ordinance No.81-02,dated January 31, 1981; THENCE Northerly and northeasterly with the existing city limits line across the GRAY, HUNTER and T.P.McMILLIAN SURVEY,A-388 and across said Badger Addition to an ell corner of said city limits line and being in the north line of said Badger Addition and also being in the south line of the Hill N'Dale Subdivision as per plat recorded in Volume 174,Page 618,Deed Records; THENCE Easterly continuing with the existing city limits line and with the conunon lines of said Badger Addition and said Hill N'Dale Subdivision to its southeast corner,same being the upper northeast corner of said Badger Addition,and being the northeast corner of a called 0.38 acre tract as described in a Deed from J.Curtis Ellisor to George Grock,dated November 13, 1990 and recorded in Volume 0132,Page 448,Official Records of Walker County,Texas and being in the west line of a called 224 acre U.S.A.Forest Tract described as Tract J 12 and recorded in Volume 82,Page 131,Deed Records and being also in the west line of the BOBO SURVEY and an east line of said MCMILLIAN SURVEY; THENCE Southerly with an east line of said Badger Addition and the west line of said U.S.A. Forest Tract, same being the common lines of said BOBO and McMILLIAN SURVEYS to an angle corner of said Badger Addition,same being the southwest corner of said BOBO SURVEY and also being the southwest corner of a called 0.52 acre tract described as the "Second Tract" in a Deed to Jamie Brinegar as per deed recorded in Volume 0210,Page 327,Official Records; THENCE Easterly continuing with the common lines of said BOBO and McMILLIAN SURVEYS,to the PLACE OF BEGINNING. "EXHIBIT B" CITY OF HUNTSVILLE, TEXAS MUNICIPAL SERVICE PLAN BADGER ADDITION, JOHNSON ROAD, HWY. 190/GENEVA ROAD INTRODUCTION Pursuant to Texas Local Government Code,Chapter 43-Municipal Annexation,the City of Huntsville,Texas,has prepared this Service Plan for the delivery of municipal services to the territory proposed for annexation. The proposed tracts are all located adjacent to the present existing City limits and within the City's ETL Texas law establishes the concept of extra- territorial jurisdiction(ETJ)for cities based on their number of inhabitants. For cities, such as Huntsville, with between 25,000 and 50,000 inhabitants,the ETJ is two(2) miles. The city may annex up to ten percent(10%)of its total area each year. This(10%)may be accumulated year to year if the City does not annex additional territory or annexes less than the maximum. The City of Huntsville has not annexed any territory since 1984. The City Council of the City of Huntsville may annex thirty percent (30%) of its ETJ boundary areas, which equals approximately 4,000 acres of non-public land in 1994. The areas contain approximately 1,206 single family residences and 44 business establishments. Based on household population figures established by the 1990 census,the approximately 1,206 single family residences are estimated to contain approximately 2.32 inhabitants per dwelling. Based on the number of houses and 1 inhabitants, the density for the entire area is calculated to be approximately 393.52 people per square mile,compared to the City's current density of 1,345 per square mile. Annexation of these areas will provide the residents in the areas with the full privileges and responsibilities associated with living in a city. Annexation should not result in any unmanageable cost expenditures to the City. Three municipal services - water distribution, sanitary sewage collection and solid waste collection and disposal -are directly cost recoverable through user fees. Municipal services supported by municipal taxation, such as library facilities,parks and recreational activities,are already available and used by county residents. Other tax supported services such as police protection,code enforcement,general government activities and routine street maintenance will be extended through existing programs and staff. No significant increases in municipal staff are expected in the near future as a result of these proposed annexations to the city limits alone. Using the most recent assessed values, provided by the Walker County Appraisal District,the land,improvements and personal property within all the areas proposed for annexation are valued at approximately$110,606,200 which,with a tax rate of$.3844 per$100 value, will generate$425,170 in new property tax revenues. Planning a city's growth is no easy task as social,political, economic and fiscal issues must be considered. The benefits that are derived from an annexation program are usually not immediate. It is doubtful that most annexations pay for themselves immediately. Over the long term, however, it is thought to be much more fiscally responsible to manage growth early on rather than to try and correct it 10 or 20 years after the fact. The fact is that uncontrolled growth outside the city limits will be tomorrow's problems if a city doesn't exert some control 2 F the development process. Therefore,annexation is usually fiscally beneficial in the long term, t not in the short term. ENERAL GOVERNMENTAL SERVICES The City of Huntsville provides a variety of general services to the citizens of the City. In accordance with the State annexation law,the following municipal services shall be provided upon annexation of an area by the City of Huntsville: 1. Police service will be extended to the area immediately upon annexation. These activities will include normal patrols,responses,the handling of complaints and incident reports. Additional capital improvements are not necessary at this time to provide police protection to the area. 2. Fire service to the annexed area,provided by the Huntsville Fire Department, will be immediately available to the area within the limitations of available water and current fire stations. Additional capital improvements are not necessary at this time to provide fire protection to the area. Fire inspections will be made in accordance with city policies. 3. Library services, through the Huntsville Public Library, will be available immediately to the annexed area. 4. City Parks and Recreation facilities do not exist in the annexed area. The City,however, operates 17 community parks that are available for the use of city residents. These parks include Kate Barr Ross Memorial Park, Emancipation Park, Thomas Henry Ball Park and Thomason Park. Recreational and athletic programs and facilities are available at these parks for City residents. Additionally, the City sponsors a variety of summer 3 recreational programs that will be available to the annexed area. No capital improvements are necessary at this time to provide recreation services to the area. 5. Code enforcement services will be provided immediately upon annexation by the Central Inspection Division for the City's Public Works Department. These services include building, mechanical,plumbing and sanitary inspection. Animal Control services will be provided immediately. No capital improvements are necessary at this time to provide code enforcement services to the area. 6. Street lighting services in the area will be assumed by the City immediately upon annexation. A representative of the City will contact Entergy and/or Mid-South Electric concerning the existence of any public street lighting facilities in the annexed area; if such facilities exist, the City will immediately assume the operational costs. Residents of the area desiring the erection of street lighting facilities may contact the City for a determination of need for the installation of a street light according to the current city policy. 7. The facilities at the Huntsville Municipal Airport will be available to the annexed territory. S. The City shall commence regular maintenance of the streets and drainage facilities in the annexed territory within 60 days. Traffic signs,street markings and other traffic control devices will be installed as the need is established by appropriate traffic standards and city policies. Existing streets and drainage facilities shall be maintained in at least the same condition at which they were annexed. Additional roads,streets or related facilities are not necessary at this time to serve the area. Major rehabilitation or upgrading to the 4 Fstreet and drainage facilities,if needed,will be included in future Capital Improvements Budgets of the City. Actual construction of capital street and drainage facilities shall be dependent on the prioritization of the project and the availability of funds. 9. All properties previously restricted for single family residential use will be placed in a "nc"-neighborhood conservation zoning district. All other properties will be placed in a"m"-management zoning district. Subsequent district changes will be in accordance with City ordinances and state law. 10. Except as specifically provided herein,it is not necessary to acquire,construct,or locate any facilities, buildings or services within the area being annexed. The area will be included with all other territory in the City in connection with planning for new,revised or expanded services. SANITATION Collection of solid waste shall commence within 60 days. The revenues generated at the current rate will be sufficient to cover collection and disposal cost. Residential service will be uniform throughout the City. Currently residential collection service is garbage/trash pickup two (2) times per week. Residential brush pickup is also provided with some limitations. Commercial service depends on need. Some commercial collection services in the areas to be annexed are already provided by the City. Except as specifically provided herein,it is not necessary to acquire,construct,or locate any facilities,buildings or services within the area being annexed. The area will be included with all other territory in the City in connection with planning for new, revised or expanded services. 5 PUBLIC WATER FACILITIES The City of Huntsville operates and maintains its public water supply system. Those City water mains that exist in the annexed area will continue to be so maintained. Service connections and service fees will be at the standard rates as established by ordinance. Extension of water mains are handled through the Utility Extension Policy of the City. Any private water systems will remain private and may continue to service their existing customers. Extensions to these facilities will be permitted only as allowed by state and federal law. The area will be included with all other territory in the City in connection with planning for new, revised or expanded public water facilities,except where limited by federal or state laws protecting existing private water systems. Except as specifically provided herein,it is not necessary to acquire,construct,or locate any facilities, buildings or services within the area being annexed. The area will be included with all other territory in the City in connection with planning for new, revised or expanded services. PUBLIC SEWER FACILITIES The City owns, operates and maintains all of its sanitary sewer system. City owned wastewater collection/treatment, facilities in the annexed area will be maintained by the City. There are not other publicly owned wastewater collection/treatment facilities in the area to be Lservice tained by the City. Commonly used private sewer systems may continue to o applicable State laws and City ordinances. Service connections, extensions ill be at the standard rates as established by ordinance by Council. Extension to properties not currently will be made consistent with the City's Utility 6 Extension Policy. The annexed areas will be included with all other territory in the City in connection with planning for new,revised or expanded wastewater facilities. Except as specifically provided herein,it is not necessary to acquire,construct,or locate any facilities,buildings or services within the area being annexed. The area will be included with all other territory in the City in connection with planning for new, revised or expanded services. VOTING All persons eligible to vote shall be immediately eligible to participate in City elections, subject only to approval of the U.S.Department of Justice. Each area will be placed in a City ward based upon its contiguousness and population. 7 BADGER ADDITION,JOHNSON ROAD,HWY.190/GENEVA ROAD LOCATION: Badeer Addition: Northeast side of city, adjacent to Highway 30(formerly known as Old Highway 19). Johnson Road: East side of city adjacent to Highway 19 NE. Hwy. 190/Geneva Road East of Highway 19 and north of Highway 190. TOTAL AREA: 714 acres. LAND USE: The area contains 141 single family residential structures and three commercial facilities. POPULATION: The area has approximately 309 minority and 59 non-minority residents. STREETS: There is approximately 5 miles of streets in this area. Approximately one- half of these streets are non-curb asphalt. The remaining one-half of the streets are not paved. EXISTING UTILITIES: Municipal water is limited within these areas, however, services can be extended under the City's current utility extension policy. Due to the topography,land use and population density,the areas are now served by individual sewage disposal systems. 8 FF �\_ - J z, I. WY, noon' zP rr_ 1 fra •-�^ r r. Q E.a�Jow+ mew Gr II aza�o� �\ AS S'iSFsNGE Yo J 6�AL,o ® 1.�1�1 - E1 JaH nW�u zso JJ os,�sSSr�HoGRAYEwg ..]5 ��cv ^ fl212 ,,..•�o crvI90� �'fr Lq•? Quo v roll -`,�/'II/ll► U i:��s.;°:. � GENERAL CHARACTERISTICS AREA TO BE ANNEXED: BADGER ADDITION, JOHNSON ROAD,GENEVA RD.,MVY.190 ACREAGE PRIVATE 685 PUBLIC 29 TOTAL 714 NUMBER OF DWELLING UNITS: 141 NUMBER OF COMMERCIAL/ INDUSTRIAL UNITS: 3 ESTIMATED POPULATION' 368 LOCATION MAP 9 "EXHIBIT C" BADGER LANE, JOHNSON RD i GENEVA RD./HWY. 190 1- i Management District Neighborhood Conservation IVl . 71 p !I Temporary Zoning Districts i n � per 1994 Annexation O v'• �I b F RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: ORDINANCE 94-36 REDISTRICTING COUNCIL WARDS 9-13-94 ORDINANCE NO.94-36 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, REDISTRICTING COUNCIL WARDS BY THE ADDITION AND DELETION OF CERTAIN PROPERTIES; AND PROVIDING THE EFFECTIVE DATE HEREOF. WHEREAS Section 4.04 of the City Charter provides that City Council may redistrict its four wards;and WHEREAS It is necessary to include the newly annexed territory described herein in Council Wards; NOW,THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE,TEXAS,that: Section 1: Council Ward Number One is hereby redistricted by the addition of certain property that is described in"Exhibit A". Section 2: Council Ward Number Two is hereby redistricted by the addition of certain property that is described in"Exhibit B". Section 3: Council Ward Number Three is hereby redistricted by the addition of certain property that is described in"Exhibit C". Section 4: Council Ward Number Four is hereby redistricted by the addition of certain property that is described in"Exhibit D". Section 5: Council Wards Numbers One and Three are hereby further redistricted by moving the property described in"Exhibit E"to Ward Number One from Ward Number Three. Section 6: This ordinance shall take effect immediately upon its passage by City Council. PASSED AND APPROVED this the 13th day of September, 1994. THE CITY OF HUNTSVILLE W. .Hodges,May ATTEST- � Danna Welter,City Secretary APP VED: Sc tt Bounds,City Attorney "EXHIBIT A" S. H. 75 NORTH BEGINNING at a point for the southeast corner of a called 38.32 acre tract as described as the "Fourth Tract"in a Deed from Marguerite E.Thomason to Rawle B.Thomason,et al,dated August 29, 1955 and recorded in Volume 151,Page 259,Deed Records of Walker County,Texas,said corner being a southwest corner of Wynne State Prison Farm as per deed recorded in Volume Y,Page 181,Deed Records and also being in an existing city limits line as per Ordinance No.81-4 known as Area'72"and dated January 13, 1981, said point being in the south line of the WARREN BIRDSELL LEAGUE, Abstract No.6 and a north line of the P.GRAY LEAGUE,Abstract No.24; THENCE Westerly,with the common line of the BIRDSELL and GRAY LEAGUES,at 2358.38 feet pass the southwest corner of the BIRDSELL LEAGUE and the southeast corner of the HILLARY M.CRABB SURVEY,Abstract No. 15 and also being the southeast corner of a called 111.5 acre tract known as the"First Tract"in a Gift Deed from Wilbourn S.Gibbs to Sam Houston Foundation,dated December 12, 1978 and recorded in Volume 329,Page 794,Deed Records and by another Deed from Lawrenceville School to Sam Houston State University(S.H.S.U.),dated June 24, 1993 and recorded in Volume 0197,Page 557,Official Records of Walker County,Texas,continuing with the common line of said CRABB and RANDOLPH SURVEYS,for a total distance of 5998.08 feet to the southwest corner of said S.H.S.U.tract,same being the southeast corner of a called 60.76 acre tract described in a Deed from Clarence Alexander,et al to Mrs. Annie B. Fraiser,dated November 11, 1929 and recorded in Volume 65,Page 536; THENCE N00°31'26"E,with the west line of said S.H.S.U.tract and the east line of said 60.76 acre tract to a point in said 60.76 acre tract if the lower north line of said 60.76 acre tract was extended; THENCE Westerly,across said 60.76 acre tract to its ell corner,same being the southeast corner of a called 75.00 acre tract as described in a Deed from Mance E.Park to Mance Michael Park,dated July 23, 1985 and recorded in Volume 448,Page 684,Deed Records; THENCE S89°37'50"W,with the north line of said 60.76 acre tract and the south line of said 75.00 acre tract,for a distance 2699.17 feet to a point for the southwest corner of said 75.00 acre tract, same being the southeast corner of a called 68.1543 acre tract as described in a Deed from Frank L.Park to Mance Michael Park, dated January 10, 1994 and recorded in Volume 0213, Page 528, Official Records; THENCE N00°24'47W,with the west line of said 75.00 acre tract and the east line of said 68.1543 acre tract at 865.49 feet pass the northwest corner of said 75.00 acre tract, same being the southwest corner of a called 150.00 acre tract as described in a Contract of Sale from the Veteran's Land Board to Mance E.Park,dated January 6, 1953 and recorded in Volume 145,Page 40,Deed Records, continuing with the east line of said 60.1543 acre tract and the west line of said 150.00 acre residue tract for a total distance of 2669.40 feet to a point for the northwest corner of said 150.00 acre residue tract and the northeast corner of said 68.1543 acre tract,said point being in the south line of a called 4.22 acre tract as described in a Deed from Ronnie L.Williams,et al to Phillip Campbell,dated May 8,1985 and recorded in Volume 445,Page 797,Deed Records; "Exhibit A"-Page 1 THENCE N86°W,with the north line of said 68.1543 acre tract at 71.51 feet pass a point for the southwest corner of said 4.22 acre tract,same being the southeast corner of a called 5.00 acre tract as described in a Deed from Kerry L.Wiggins,et al to Mance Michael Park,dated July 30, 1993 and recorded in Volume 0200,Page 858,Official Records,continuing with the north line of said 68.1543 acre tract and the south line of said 5.00 acre tract,for a total distance of 518.71 feet to an angle point of said 68.1543 acre tract and the northeast corner of a called 2.434 acre tract as described in a Deed from Lois Lively to A. Young,dated March 23, 1979 and recorded in Volume 335,Page 357,Deed Records; THENCE N86°13'55"W,with the north line of said 2.434 acre tract and the south line of said 5.00 acre tract,at 75.69 feet pass the southwest corner of said 5.00 acre tract,same being the southeast corner of a called 2.81 acre tract as described in a Deed from Lynn D.Boone to Michael Park,dated June 29,1993 and recorded in Volume 0197,Page 117,Official Records,continuing with the north line of said 2.434 acre tract and the south line of said 2.81 acre tract,at 443.39 feet pass the southwest corner of said 2.31 acre tract,same being the southeast corner of a called 0.997 of an acre of land described as the "Lot 9" in a Deed from Danny Rice, et at to Michael Rodney Turner,dated June 30, 1983 and recorded in Volume 414,Page 589,Deed Records,continuing with the north line of said 2.434 acre tract and the south line of said Lot 9,for a total distance of 743.39 feet to the northwest corner of said 2.434 acre tract and the southwest corner of said Lot 9,same being in the east right-of-way line of Wire Road; THENCE N01°09'05"W,with the east right-of-way line of said Wire Road for a distance of 1421.18 feet to its intersection with the southwest right-of-way line of S.H.75 THENCE northerly,across S.H.75 to a point on the northeast right-of-way line of S.H.75, said point being in the south line of a called 10.00 acre tract as described in a Deed from Charles F. Spriggs,et al to S&S Pipe&Supply,Inc.,dated July 8,1991 and recorded in Volume 0146,Page 793, Official Records; THENCE N72°00'W,with the northeast right-of-way line of S.H.75 and the southwest line of said 10.00 acre tract, to a point for the southwest corner of said 10.00 acre tract, same being the southeast corner of a called 5.747 acre tract described in a Contract of Deed from Georgie Kearse Rawson, et alto Donald G. Dean, dated January 1, 1992 and recorded in Volume 0162, Page 132 Official Records; THENCE N01°06'36"E,with the west line of said 10.00 acre tract and the east line of said 5.747 acre tract,to an angle point of said 10.00 acre tract and being the northeast corner of said 5.747 acre tract,said point being a southeast corner of a called 182.53 acre tract as described in a Deed to Perry Little recorded in Volume 240,Page 322; THENCE NO2°22'11"E,continuing with the west line of said 10.00 acre tract and an east line of said 182.53 acre tract,for a distance of 420.34 feet to the northwest corner of said 10.00 acre tract, same being a southwest corner of a called 211.79 acre tract as described in a Deed from Carlos Magana to Javier Rosique,dated October 2, 1986 and recorded in Volume 027,Page 360,Official Records; THENCE N84°05'18"E,with a south line of said 211.79 acre tract,for a distance of 645.05 feet to an ell corner of said 211.79 acre tract,same being the northeast corner of a called 7.408 acre tract described in a Deed from Lois Kearse Lively,et al to Mid-South Electric Co-Op Association,dated April 22, 1981 and recorded in Volume 375,Page 445,Deed Records; "Exhibit A"-Page 2 THENCE S00°20'50"E,with a west line of said 211.79 acre tract and the east line of said 7.408 acre tract, for a distance of 385.70 feet to an angle corner of said 211.79 acre tract,same being the northwest corner of a called 7.00 acre tract as described in a Deed from Odell Knight to D&T Pipe Supply,Inc.,dated October 21, 1983 and recorded in Volume 420,Page 191,Deed Records; THENCE N81°42'30"E,with a south line of said 211.79 acre tract for a distance of 983.94 feet to the northeast corner of a called 1.00 acre tract,same being an ell corner of said 211.79 acre tract; THENCE southerly,with a west line of said 211.79 acre tract and the east line of the 1.00 acre tract,for a distance of 286.95 feet to its southeast corner,same being an ell corner of the 211.79 acre tract and also being the northwest corner of a called 8.151 acre tract as described in a Deed from Cinco Partnership LTD to Norman S.Rash,dated August 27, 1987 and recorded in Volume 053,Page 318, Official Records; THENCE N85°51'50"E,with the most southerly south line of the 211.79 acre tract for a distance of 1864.65 feet to the northeast corner of a called 10.76 acre tract described in a Deed from Lois K. Lively, et al to J. L. Cole, et al,dated July 13, 1983 and recorded in Volume 415, Page 30, Deed Records,same being the southeast corner of said 211.79 acre tract and being in the west line of a called 79.40 acre tract described as"Tract 2"as per B.O.T.-HYPONEX SUBDIVISION,dated December 21, 1987 and recorded in Volume 2,Page 48 of the Plat Records of Walker County,Texas; THENCE N00°26'00"W,with an east line of said 211.79 acre tract and the west line of said 79.40 acre tract,for a distance of 1387.75 feet to its northwest corner,same being a southwest corner of a called 122.6 acre tract described as the"Fourth Tract"of the"THIRD GROUP"in a Deed to Mary A.Smither recorded in Volume 110,Page 102,Deed Records; THENCE N89°43'00"E, with the north line of said 79.45 acre tract and a south line of said 122.6 acre tract, at 1446.50 feet pass the northwest corner of said 79.40 acre tract, same being a southwest corner of said 122.6 acre tract,said corner being in the southwest right-of-way line of I.H.45, continuing across I.H.45 to a point on the northeast right-of-way line of I.H.45; THENCE Southeasterly with the northeast right-of-way line of I.H.45 to a point for the west corner of a called 10.62 acre tract as described in a Deed from Huntsville Industrial Foundation,Inc.to Master Chemical Corporation,dated February 28, 1975 and recorded in Volume 276,Page 554,Deed Records; THENCE S89°54'06"W,with the north line of said 10.67 acre tract,for a distance of 1536.68 feet to the northeast corner of a called 10.78 acre tract described in a Deed from Huntsville Industrial Foundation, Inc. to The Heil Co.,dated November 7, 1973 and recorded in Volume 262, Page 121, Deed Records,same being in the east line of said CRABB SURVEY and the west line of said BIRDSELL LEAGUE; THENCE S00°20'07"E, with the common line of the CRABB SURVEY and BIRDSELL LEAGUE, for a distance of 481.86 feet to a point for the northwest corner of a called 3.0 acre tract described in a Deed from Anthony Branch to Anthony Branch,Jr.,dated October 24,1972 and recorded in Volume 250,Page 404,Deed Records; THENCE Easterly with the south right-of-way line of said Moffett Springs Road to a point at the intersection of the existing city limits line dated March 14,1969 and recorded in Volume 219,Page 627, Deed Records,said point being in a west line of City Airport property; THENCE Southerly with the existing city limits line and extended to a point 1200 feet from and at right angle to I.H.45,said point being the north corner of said Ordinance No.81-4 known as Area "T2" "Exhibit A"-Page 3 THENCE Southerly with the common line of said existing city limit line and said Thomason 38.32 acre tract to the PLACE OF BEGINNING. F.M.247/980 Beginning at the intersection of the south right-of-way line of Jenkins Road and the west right-of- way line of F.M.247,same being a corner of the existing city limits line as per Ordinance No.84-29 dated November 13, 1984,said corner being the northeast corner of a called 8.32 acre tract known as April Point Mobile Home Park and described in a Deed from Thomas L.Rose to April Point,Ltd.,dated July 31, 1987 and recorded in Volume 051,Page 331,Official Records of Walker County,Texas; THENCE Westerly,with the south right-of-way line of said Jenkins Road and the north line of said 8.32 acre tract,same being with the existing city limits line to a northwest corner of said 8.32 acre tract; THENCE Southerly and westerly with said existing city limits line to a point in the center of Parker Creek,said point being at the southeast corner of a called 9.28 acre tract in a Deed to Clara Price recorded in Volume 272,Page 418; THENCE Westerly with the existing city limits line and the meanders of said Parker Creek to a point on the north line of a called 19.92 acre tract described in a Deed from W.R.Coffey,Trustee to Frank J.Robinson,dated June 13,1991 and recorded in Volume 0145,Page 178,Official Records,same being the most southern southwest corner of a tract or parcel of land in a Deed to Frank Robinson recorded in Volume 286,Page 443,Deed Records,said corner being in the east line of a called 4.065 acre tract described as Tract 2 in a Deed from Paul D.Ruffin to Frank Robinson,dated January 4,1985 and recorded in Volume 440,Page 582,Deed Records; THENCE Southerly continuing with the existing city limits line and a west line of a Robinson 122 acre tract to an ell corner of said Robinson tract,same being in the north line of a called 33.57 acre tract described in a Deed from Resolution Trust Corporation to Eds West,Inc.,dated August 29,1991 and recorded in Volume 0151,Page 216,Official Records; THENCE Westerly continuing with the existing city limits line to the northwest corner of a called 50.6 acre tract described in a Deed form John H. Rizzo to Joe Ferro, dated January 10, 1968 and recorded in Volume 210,Page 710,Deed Records,same being in the west line of the WILEY PARKER SURVEY,Abstract No.37 and in the east line of the W.BIRDSELL LEAGUE,Abstract No.6; THENCE Northerly continuing with the existing city limits line and the common lines of the PARKER and BIRDSELL SURVEYS to the northwest corner of a called 20 acre tract described in a Deed from Frank J. Robinson, Sr. to Frank J. Robinson,Jr., dated July 13, 1984 and recorded in Volume 432,Page 402,Deed Records; "Exhibit A"-Page 4 THENCE Easterly with the north line of said 20 acre tract pass its northeast corner and continuing easterly across a called 4.065 acre Robinson tract to a point on its east line; THENCE Northerly with said Robinson tracts to a point for the northeast corner of a called 40.36 acre tract described in a Deed from Bertha G.Jamison,et al to Frank J.Robinson,dated September 7, 1990 and recorded in Volume 0128,Page 185,Official Records,said corner being the northwest corner of a called 10.58 acre tract described in a Contract of Sale from Veterans Land Board to Curtis W. Gideon,dated November 9, 1987 and recorded in Volume 058,Page 805,Official Records; THENCE Easterly with the north line of said 10.58 acre tract to a point on its north line,said point being the southwest corner of a called 10.50 acre tract described in a Deed from Harold E. McAdams to John C.McAdams,dated June 3, 1992 and recorded in Volume 0169,Page 513,Official Records and also being in the east line of a called 18 acre tract described in a Deed to Lynn Reynolds; THENCE Northerly with the east line of said 18 acre tract to its northeast corner and the northwest corner of the O'Bannon Addition as per plat recorded in Volume 1,Page 38,Plat Records of Walker County,Texas; THENCE Easterly with the north line of said O'Bannon Addition and the north right-of-way line of Pine Hollow Dr.,pass the northeast corner of said Addition,same being in the southwest right-of-way line of F.M.247,continuing easterly across F.M.247 to a point in the northeast right-of-way line of F.M.247; THENCE Northerly with the northeast right-of-way line of F.M.247 to a point for the northwest corner of a called 1.5 acre tract described in a Deed from Willie May Shotwell to Wilson T.Shotwell, dated April 19, 1979 and recorded in Volume 336,Page 733,Deed Records; THENCE Easterly with the north line of said 1.5 acre tract pass its northeast corner,same being a northwest corner of a called 16 acre tract as described in a Deed from Susie Coburn,et al to Willie May Shotwell, dated December 22, 1948 and recorded in Volume 130, Page 435, Deed Records, continuing with the north line of said 16 acre tract pass a southwest corner of a called 15 acre tract described in a Deed from Bertha Smith Laskie to George E.Hays,dated October 15, 1986 and recorded in Volume 027,Page 210,Official Records,said corner being at the southwest corner of Duke Road, continuing with the north line of said Shotwell tract and the south right-of-way line of Duke Road to the northeast corner of said Shotwell tract and being the northwest corner of a called 7.5 acre tract described in a Deed from Ruby L.Aven,et at to Oliver E.Smith,dated August 14,1971 and recorded in Volume 238,Page 262,Deed Records,said point being in the northwest right-of-way line of F.M.980; THENCE Northeasterly, with the northwest right-of-way line of F.M. 980 to a point of intersection if the south line of Pinecrest Acres Section I was extended west would intersect the northwest right-of-way line of F.M.980; THENCE Southeasterly, across F.M. 980 along the extended south line of Pinecrest Acres Section I to the northeast corner of Creekview Subdivision as per plat recorded in Volume 1,Page 44, Plat Records and being in the center of Parker Creek; "Exhibit A"-Page 5 THENCE Southwesterly with the meanders of said Parker Creek to the northeast corner of a called 80-1/2 acre tract described in a Deed from Nola Westmoreland Wilson,et al to Logan Wilson,et al,dated June 16, 1948 and recorded in Volume 122,Page 282,Deed Records and as per Deed recorded in Volume 260,Page 110,dated September 14, 1973 and another deed recorded in Volume 355,Page 659; THENCE Southerly continuing with the east lines of said 80-1/2 acre tract to its southeast corner, same being the northeast corner of a called 5.65 acre tract as described in a Deed from Lois A.Russell, et al to R.Karl Mahaffey,dated May 10, 1978 and recorded in Volume 319,Page 511,Deed Records, continuing with the east line of said 5.65 acre tract to its southeast corner; THENCE Southerly and being 1000 feet east of and parallel to the east right-of-way line of F.M. 247 to the intersection with the north line of another existing city limits line dated May 8, 1973; THENCE Westerly with said existing city limits line and across F.M.247 to the existing city limits line on the west right-of-way line of F.M.247; THENCE Northerly with the existing city limits line and the west right-of-way line of F.M.247 to the PLACE OF BEGINNING. "Exhibit A"-Page 6 "EXHIBIT B" S. H.30 WEST BEGINNING at a point for the southwest corner of a called 132 acre tract as described in a Deed to Helen Oliphant Spencer as recorded in Volume 169,Page 320,Deed Records,said point being an ell corner of a tract or parcel of land as described in a Deed to Herman L.Byrd,dated May 15, 1971 and recorded in Volume 235,Page 680,Deed Records,said point being a corner of an existing city limits line as per Ordinance No.80-50,dated October 14, 1980 and known as Area"C"; THENCE Westerly across said Byrd property to a point at the southeast corner of Lot 5 and the northeast corner of Lot 6 of Westridge Subdivision,Section One as per a plat recorded in Volume 1, Page 31,Plat Records of Walker County,Texas; THENCE with the east line of said Westridge Subdivision,Section One and the west line of said Byrd tract,as follows: 1) S18°42'30"E-791.38 feet; 2) S15023'25"W-427.29 feet; 3) N86'30'15"E- 9.36 feet; 4) S07°47'30"W-626.23 feet; 5) S12°31'05"W-195.29 feet; and 6) N74°36'35"W-101.44 feet to a point in the beginning of a curve to the left; THENCE with said curve to the left having a radius of 572.13 feet,central angle of 30°26'45" and a chord bearing of S00°10'00"W-300.45 feet to a point in said curve, said point being at the southeast corner of said Section One,same being the northeast corner of Westridge Section Two as per plat recorded in Volume 1,Page 34,Plat Records; THENCE continuing with said curve to the left with a central angle of 73'07'14"for a length of 730.14 feet to a point for the end of said curve,said point being the northeast corner of Lot 7 of Section Two; THENCE with the east and south lines of Section Two as follows: 1) S I I o39'00"W-361.45 feet; 2) S33°27'00"E-161.55 feet; 3) N78°21'00"E-204.80 feet;and 4) S12°17'00"E-1650.00 feet to the southeast corner of said Section Two; THENCE S78'21'W,with the south line of Section Two,for a distance of 957.95 feet to a point for the southwest corner of Section Two, same being the southeast corner of Section Three of said Westridge Subdivision as per plat recorded in Volume 2,Page 32,Plat Records; THENCE S75°32'30"W,with the south line of Section Three,for a distance of 957.55 feet to an angle point; THENCE N83'59'W,continuing with the south line of Section Three,for a distance of 278.9 feet to another angle point; "Exhibit B"-Page 1 THENCE with the west line of Section Three as follows: 1) N35°52'00"W-197.95 feet;and 2) N13°04'40"W-708.15 feet to a point for the southeast corner of the Glass Subdivision as per plat recorded in Volume 1,Page 53,Plat Records; THENCE S89°45'30"W,with the south line of said Glass Subdivision,for a distance of 665.9 feet to a point for an angle corner,said point being at the northeast corner of a called 162.48 acre tract as described in a Deed to August Niederhofer; THENCE S89°51'W,continuing with the south line of said Glass Subdivision and the north line of the 162.48 acre tract,for a distance of 702.25 feet to a point for the southwest corner of the Glass Subdivision; THENCE N01*11'W,with the west line of the Glass Subdivision,for a distance of 3836.55 feet to a point at the northwest corner of the Glass Subdivision,same being in the south right-of-way line of S.H.30; THENCE N53°25'E,with the north line of the Glass Subdivision and the south right-of-way line of S.H.30,for a distance of 690.90 feet to a point in the center of Sumac Road; THENCE MY32'20"E,continuing with the north line of Glass Subdivision and the south right- of-way line of S. H. 30, for a distance of 201.8 feet to a point for the northeast corner of Glass Subdivision; THENCE Easterly continuing with the south right-of-way line of S.H. 30,to a point in said existing city limits line as per Ordinance No.80-50,same being the northwest corner of Spencer tract; THENCE Southwesterly with the existing city limits line and the west line of said Spencer tract, to the PLACE OF BEGINNING. "Exhibit B"-Page 2 "EXHIBIT C" BADGER ADDITION,JOHNSON ROAD,HIGHWAY 190/GENEVA ROAD BEGINNING at the northwest corner of the JAMES STRANGE SURVEY,Abstract No.530, same being in the south line of the FOSTER BOBO SURVEY, Abstract No. 74 and being also the northeast corner of a called 4.158 acre tract as described in a Deed from J.E.Badger to Curtis Ellisor, dated February 22, 1966 and recorded in Volume 198, Page 545, Deed Records of Walker County, Texas,said corner being also the northwest corner of the E.Al Johnson Subdivision as per plat recorded in 108,Page 118,Deed Records; THENCE Easterly with the common lines of the BOBO and STRANGE SURVEYS,same being the north line of the E.Al Johnson Subdivision to the northeast corner of said subdivision,same being the northwest corner of a called 24.877 acre tract as described in a Deed to Perry L.Little recorded in Volume 208,Page 473,Deed Records; THENCE Southerly with the east line of said subdivision and the west line of said Little tract to a corner in the center of Tan Yard Creek,same being the southwest corner of said Little tract and the most southeasterly corner of said subdivision; THENCE Southerly across the STRANGE SURVEY pass a point for the northeast corner of E. Arthur Ross property and the northwest corner of the N.Clark property,continuing southerly with the east line of said Ross tract and the west line of said Clark tract pass the southeast corner of said Ross tract,same being in the southwest corner of said Clark tract and being on the north right-of-way line of Old Colony Road,continuing southerly across Old Colony Road to a point on its south right-of-way line, said point being in the north line of a called 5.8 acre tract described in a Deed to Sam Mock and being in the H.L.HUNTER SURVEY,Abstract No.248; THENCE Westerly with the south right-of-way line of Old Colony Road to its intersection with the east right-of-way line of Geneva Road; THENCE Southerly with the east right-of-way line of Geneva Road to its intersection with the north right-of-way line of U.S. 190; THENCE Easterly with the north right-of-way line of U.S. 190 to a point of intersection if the west right-of-way line of Champion Woodyard Road was extended; THENCE Southerly,across U.S.190 and continuing with the west right-of-way line of Champion Woodyard Road to a point 500 feet perpendicular with and south of the southwest right-of-way line of U.S. 190; THENCE Northwesterly being 500 feet south of and parallel with the south right-of-way line of U.S. 190 to its intersection with the existing city limits line as per Ordinance No.81-02,dated January 31, 1981; THENCE Northerly and northeasterly with the existing city limits line across the GRAY, HUNTER and T.P.McMILLIAN SURVEY,A-388 and across said Badger Addition to an ell corner of said city limits line and being in the north line of said Badger Addition and also being in the south line of the Hill N'Dale Subdivision as per plat recorded in Volume 174,Page 618,Deed Records; "Exhibit C"-Page 1 THENCE Easterly continuing with the existing city limits line and with the common lines of said Badger Addition and said Hill N'Dale Subdivision to its southeast corner,same being the upper northeast corner of said Badger Addition,and being the northeast corner of a called 0.38 acre tract as described in a Deed from J. Curtis Ellisor to George Grock,dated November 13, 1990 and recorded in Volume 0132,Page 448,Official Records of Walker County,Texas and being in the west line of a called 224 acre U.S.A.Forest Tract described as Tract J12a and recorded in Volume 82,Page 131,Deed Records and being also in the west line of the BOBO SURVEY and an east line of said McMILLIAN SURVEY; THENCE Southerly with an east line of said Badger Addition and the west line of said U.S.A. Forest Tract, same being the common lines of said BOBO and McMILLIAN SURVEYS to an angle corner of said Badger Addition,same being the southwest corner of said BOBO SURVEY and also being the southwest corner of a called 0.52 acre tract described as the "Second Tract" in a Deed to Jamie Brinegar as per deed recorded in Volume 0210,Page 327,Official Records; THENCE Easterly continuing with the common lines of said BOBO and McMILLIAN SURVEYS,to the PLACE OF BEGINNING. "Exhibit C"-Page 2 "EXHIBIT D" SOUTHWOOD DRIVE Beginning at the intersection of the south right-of-way line of Southwood Drive with the southwest boundary of the J.TINSLEY SURVEY,Abstract No.548,same being an eastern boundary of the E.DAVIDS SURVEY,Abstract No.157,said point lying on the existing City limits as established by Ordinance 81-1,dated January 13, 1981; THENCE N25°W along the common lines of the TINSLEY and DAVIDS SURVEYS, to a western corner of the TINSLEY SURVEY,same being an ell corner in the east boundary of Lot 34 out of the Southwood Subdivision as described in a plat recorded in Volume 117,Page 403,in the Walker County Deed Records; THENCE continuing with the common boundary of said TINSLEY and DAVIDS SURVEYS, same being the east boundary of said Lot 34,as follows: 1) N651E-614.0 feet to an angle point;and 2) North-111.0 feet to a corner at the northeast corner of said Southwood Subdivision,same being the southeast corner of the W.MUNSON SURVEY,Abstract No.379; THENCE Westerly,with the north boundary of said subdivision and the common boundary of said DAVIDS and MUNSON SURVEYS,for a distance of 3889 feet to the northwest corner of Lot 24 of said subdivision,same being an ell corner of the DAVIDS SURVEY and the southwest corner of the MUNSON SURVEY,said corner being also in the east line of Lot 23 of said subdivision; THENCE N01'W,with the common boundary of DAVIDS and MUNSON SURVEYS,same being the east line of said Lot 23,for a distance of 427.8 feet to the northeast corner of said Lot 23; THENCE S88°W,along the north line of said subdivision,at 2154.00 feet pass the northeast corner of The Timberwoods Subdivision as recorded in Volume 1,Page 35 of the Plat Records of Walker County,Texas,continuing with the north line of said Timberwoods Subdivision to the intersection of the existing City limits as established by Ordinance dated June 10, 1969 and recorded in Volume 221,Page 502,Deed Records; THENCE along the existing city limits in a southeasterly direction to the north right-of-way line of said Southwood Drive; THENCE Westerly with the north right-of-way line of said Southwood Drive to its intersection with the northeast right-of-way line of S.H.75; THENCE in a southeasterly direction with the northeast right-of-way line of said S.H.75 to the intersection of said S.H.75 with the south right-of-way line of said Southwood Drive; THENCE Easterly with the south right-of-way line of said Southwood Drive,same being the north boundary of the Goree State Prison Farm,to the POINT OF BEGINNING. "Exhibit D"-Page 1 ELKINS LAKE BEGINNING at a concrete monument for a northeast corner of Section One of Elkins Lake Subdivision as per plat recorded in Volume 174,Page 569,Deed Records,said point being in the south line of a called 1000 acre tract conveyed by Joseph Baldwin to the State of Texas(T.D.C.Goree),dated January 28, 1982 and recorded in Volume 6,Page 628,Deed Records and also being in the north line of the H.D.RIPLEY SURVEY,Abstract No.489 and the south line of E.DAVIDS SURVEY,Abstract No. 157, said point being in the south line of an existing city limit line as per Ordinance No. 80-51 known as Area"P"and dated October 14, 1980 and also in the southwest right-of-way line of I.H.45; THENCE S16°28'W,with the northeast line of said Section One and the southwest right-of-way line of said I.H.45,for a distance of 120.6 feet to a concrete monument for the most eastern southeast corner of said Elkins Lake Section One; THENCE with the south line of said Elkins Lake Section One as follows: 1) S73'16'E-114.20 feet; 2) S70°17'E-704.20 feet; 3) S69°47'E-622.50 feet; 4) S64'46'E-601.90 feet;and 5) S71°17'E-156.70 feet to a concrete monument for an ell corner of Section One; THENCE S00`36'E, with an east line of said Section One, for a distance of 1600.5 feet to another corner of said Section One; THENCE S89°51'W,with a south line of said Section One,for a distance of 1648.10 feet to a corner; THENCE S00°50'W,with an east line of said Section One,for a distance of 1297.9 feet to a point in the south line of said Section One and the south line of the D.McMILLIAN SURVEY,Abstract No.382 and the north line of the A.BROWN SURVEY,Abstract No.95,said point being in the north line of a called 32 acre tract conveyed to Tinsley Inc.; THENCE N89°55'E,with the common lines of said McMILLIAN and BROWN SURVEYS, same being the north line of the 32 acre tract,for a distance of 106.7 feet to its northeast corner; THENCE S00°22'E,with the east line of the 32 acre tract,for a distance of 1229.2 feet to its southeast corner; THENCE S89°55'W,with the south line of the 32 acre tract,for a distance of 983.3 feet to a point at the common corner of Section One and Section Three of Elkins Lake; THENCE S09`19'W,with the east line of Section Three,for a distance of 2982.90 feet to its southeast corner,said corner being the southeast corner of the J.O'BANNON SURVEY,Abstract No. 428; THENCE N80°1I'W,with the south line of the O'BANNON SURVEY line and the south line of Section Three,for a distance of 3677.72 feet to its southwest corner and the southwest corner of the O'BANNON SURVEY,same being the north corner of the W.GLASSCOCK SURVEY,Abstract No. "Exhibit D"-Page 2 222 and the most southern southeast corner of the S.A.&M.G.R.R.SURVEY,Abstract No.535,and also being the southeast corner of a 2.4077 acre road easement to a called 10.00 acre tract used for the City of Huntsville Sewage Plant Site as per U.S.Forest Service Permit No. 10781 dated 1973; THENCE S68°W,with the southeast line of the S.A.&M.G.R.R.SURVEY and the northwest line of the GLASSCOCK SURVEY,at 2622.00 feet pass the west corner of the 2.4077 acre tract and the east corner of the 10.00 acre lift station site,continuing with the south line of the S.A.&M.G.R.R. SURVEY and the north line of the GLASSCOCK SURVEY,for a total distance of 3282.00 feet to the south corner of the 10.00 acre tract; THENCE N22°W,with the southwest line of the 10.00 acre tract,at 660.00 feet pass its north corner of the 10.00 acre tract and continuing for a total distance of 1000.00 feet to a point; THENCE being 1000.00 feet northwest of and parallel to the southeast line of the S.A. & M.G.R.R.SURVEY and the northwest line of the GLASSCOCK SURVEY,to the point of intersection with a southeast line of the S.A.&M.G.R.R.SURVEY and the northwest line of the J.O'BANNON SURVEY,said point being in the northwest line of Section Three; THENCE N10°14'E, with the common line of the S.A. & M.G.R.R. and GLASSCOCK SURVEYS,same being the northwest line of Section Three,for a distance of 2791.70 feet to a concrete monument at a common corner of the S.A.&M.G.R.R.and J.O'BANNON SURVEYS; THENCE S80°07'E,with the most northern southwest line of S.A.&M.G.R.R.SURVEY and the northeast line of J. O'BANNON SURVEY, for a distance of 1385.2 feet to a point at a common corner of Section Three and Section Four of Elkins Lake Subdivision; THENCE N00°06'W,with the west line of Section Four,for a distance of 3803.60 feet to a point on the north line of S.A.&M.G.R.R.SURVEY and the W.BARRETT SURVEY,Abstract No.77; THENCE S89°20'W, with the common line of S.A. &M.G.R.R. SURVEY and BARRETT SURVEY, and a south line of Section Four,for a distance of 625.60 feet to a point at the southwest corner of BARRETT SURVEY and an ell corner of the E.DAVIDS SURVEY,Abstract No. 157,said point being at a corner of the existing city limit line as per Ordinance No.81-5,dated January 13, 1981 and known as Area"S-1"; THENCE N01'28'W,with the existing city limits line and the common line of the BARRETT and DAVIDS SURVEYS, for a distance of 3333.90 feet to the northwest corner of the BARRETT SURVEY, same being the southwest corner of the R. WALKER SURVEY, Abstract No. 589, said corner being the northwest corner of Section Four; THENCE N89°05'E,with the common line of the BARRETT and WALKER SURVEY,same being the north line of Section Four,for a distance of 2965.40 feet to the northeast corner of Section Four,same being a northwest corner of Elkins Lake Section Two; THENCE continuing with the common line of the BARRETT and WALKER SURVEY,same being the north line of Section Two as follows: 1) S88°31'E-409.30 feet;and "Exhibit D"-Page 3 2) S89°3FE-435.30 feet to a concrete monument at the southeast corner of said WALKER SURVEY,same being an ell corner of said DAVIDS SURVEY and also being a corner of an existing city limits line as per Ordinance No. 8048 dated October 14, 1980 and known as Area"I",said monument being a corner of said 1000 acre tract; THENCE S89°26'E, with the common line of the BARRETT and DAVIDS SURVEY, same being the north line of Section Two, for a distance of 414.70 feet to a concrete monument for the northeast corner of BARRETT SURVEY and an ell corner of the DAVIDS SURVEY and said 1000 acre tract; THENCE with the common line of the BARRETT and DAVIDS SURVEY,same being the common line of Section Two and said 1000 as follows: 1) SOO°32'W-540.30 feet; 2) S00°19'E-1300.30 feet;and 3) SOO°38'E-1487.50 feet to a concrete monument at the southeast corner of the BARRETT SURVEY and a southwest corner of the DAVIDS SURVEY,said monument being in the north line of the McMILLIAN SURVEY and Section One of Elkins Lake; THENCE S89°50'E,with the common line of McMILLIAN and DAVIDS SURVEY,same being the north line of Section One, for a distance of 1108.70 feet to the northeast corner of McMILLIAN SURVEY and the northwest corner of the RIPLEY SURVEY; THENCE N89°39'E,with the common line ofthe DAVIDS and RIPLEY SURVEY and the north line of the Section One,for a distance of 2012.50 feet to the PLACE OF BEGINNING. S. H. 75 SOUTH BEGINNING at a concrete monument for a northeast corner of Section One of Elkins Lake Subdivision as per plat recorded in Volume 174,Page 569,Deed Records,said point being at a south corner of a called 1000 acre tract conveyed by Joseph Baldwin to the State of Texas(T.D.C.Goree), dated January 28,1982 and recorded in Volume 6,Page 628,Deed Records and also being in the north line of the H. D. RIPLEY SURVEY,Abstract No.489 and the south line of E.DAVIDS SURVEY, Abstract No. 157,said point being in the south line of an existing city limit line as per Ordinance No. 80-51 known as Area"P"and dated October 14, 1980 and also in the southwest right-of-way line of I. H.45; THENCE westerly across I.H. 45 and the common line of said RIPLEY and DAVIDS SURVEYS,pass a concrete monument in the northeast right-of-way line of S.H. 75, same being the northwest corner of a called 5.0 acre tract as described in a Deed from Gibbs Brothers&Co.to Elkins Lake Baptist Church,dated November 5, 1971 and recorded in Volume 240,Page 195,Deed Records of Walker County,Texas,continuing with the common lines of said RIPLEY and DAVIDS SURVEYS, at 1052.80 feet pass the northeast corner of said 5.00 acre tract,same being the northwest corner of another 5.0 acre tract,conveyed from Robert McCann to Elkins Lake Baptist Church,dated October 20, 1976 and recorded in Volume 274, Page 670, Deed Records, continuing easterly with the common boundary line of said RIPLEY SURVEY and DAVIDS SURVEY, for a total distance of 2052.80 feet to a concrete monument with brass cap for the most northern northeast corner of said RIPLEY SURVEY, same being the northwest corner of the A.BROWN SURVEY,Abstract No.94 and being the northeast corner of said 5.00 acre tract described in Volume 274,Page 670; "Exhibit D"-Page 4 THENCE S00°11'W,with the east line of said 5.00 acre tract at 217.8 feet pass its southeast corner,continuing southerly for a total distance of 277.8 feet to a point on the south right-of-way line of a 60 foot road; THENCE Westerly with the south right-of-way line of said 60 foot road to the northeast corner of a called 20.62 acre tract as described in a Substitute Trustee's Deed from Graf Investments,Inc.to Lynes,Inc.,dated March 7, 1989 and recorded in Volume 091,Page 606,Official Records; THENCE S34'53'E,with the northeast line of said 20.62 acre tract,for a distance of 236.8 feet to the east corner of said 20.62 acre tract; THENCE S55°07'W,with the southeast line of said 20.62 acre tract,for a distance of 435.60 feet to the north corner of a called 20.00 acre tract as described in a Deed from Carlisle Corporation to McMurry Oil Tools, Inc., dated March 18, 1992 and recorded in Volume 0163, Page 834, Official Records; THENCE S34°53'E,with the northeast line of said 20.00 acre tract for a distance of 1000.00 feet to its east corner; THENCE S55°07'W,with dte southeast line of said 20.00 acre tract,for a distance of 871.2 feet to its south corner in the northeast right-of-way line of said S.H.75; THENCE southeasterly along the northeast right-of-way line of said S.H.75 to a point where the southeast line of a called 5.785 acre tract as described in a Gift Deed from Gibbs Brothers & Company to the City of Huntsville,dated March 17, 1994 and recorded in Volume 0221, Page 337, Official Records if extended would intersect the northeast right-of-way line of said S.H.75; THENCE S52°26'34.1"W,across said S.H.75,pass the east and south corners of said 5.785 acre tract,continuing across I.H.45 to a point in the southwest right-of-way line of said I.H.45; THENCE northwesterly with the southwest right-of-way line of said 1. H.45,to POINT OF BEGINNING. "Exhibit D"-Page 5 "EXHIBIT E" F.M.2821 AREA BEGINNING at the intersection of the east right-of-way line of Smith Hill Road and the north right-of-way line of F.M.2821; THENCE Northerly with the east right-of-way line of Smith Hill Road to the existing city limits line established March 14, 1969, and recorded in Volume 219, Page 627, Deed Records of Walker County,Texas,and the north line of T.D.C.J.Wynne Farm Unit; THENCE Easterly with said city limits line and the north line of said T.D.C.J.Wynne Unit to its northeast corner,said corner being common corner of T.D.C.J. Wynne Farm Unit and Northgate Meadows; THENCE Southerly with said existing city limits line and an east line of T.D.C.J.Wynne Farm Unit pass another ell corner of said city limits line,continuing across said T.D.C.J.property to the north line of said F.M.2821; THENCE Westerly with the north right-of-way line of said F.M. 2821 to the PLACE OF BEGINNING. "Exhibit E"-Page I RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: ORDINANCE 94-37 RATIFY 7%HOTEL-MOTEL TAX 9-13-94 ORDINANCE NO. 94-37 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, AMENDING CHAPTER 15B, TAXATION, OF THE CODE OF ORDINANCES OF THE CITY;RATIFYING THE HOTEL- MOTEL OCCUPANCY TAX OF 7% (SEVEN PER CENT) OF CONSIDERATION PAID BY OCCUPANTS; MAKING OTHER PROVISIONS AND FINDINGS RELATED THERETO. WHEREAS City Council desires to ratify its action of March 15, 1994, and assess a hotel occupancy tax of 7% effective April 1, 1994; NOW,THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE,TEXAS,that: SECTION 1: Article II,Hotel-Motel Occupancy Tax, of Chapter 15B, Taxation,of the Code of Ordinances of the City of Huntsville, Texas, is hereby amended by the adoption of a new Section 1513-3 that shall read as follows: Sec. 15B-3. Levy of tax;rate;exceptions. (a) Tax imposed (1) A tax is imposed on a person who, under a lease, concession, permit, right of access, license, contract, or agreement,pays for the use or possession or for the right to the use or possession of a room or space in a hotel costing$2 or more each day. (2) The price of a room in a hotel does not include the cost of food served by the hotel and the cost of personal services petfotmed by the hotel for the person except for those services related to cleaning and readying the room for use or possession. (b) Rate of tax The rate of tax imposed by this article is seven percent(7%)of the price paid for a room in a hotel. (c) Collection of tax A person owning, operating,managing,or controlling a hotel shall collect for the City the tax that is imposed by this article and that is calculated on the amount paid for a room in the hotel. (d) Exception-Permanent Resident This article does not impose a tax on a person who has the right to use or possess a room in a hotel for at least 30 consecutive days,so long as there is no interruption of payment for the period. Section 2: All ordinances and parts of ordinances in conflict with the provisions of this ordinance are hereby repealed; provided, however, that such repeal shall be only to the extent of such inconsistency and in all other respects this ordinance shall be - cumulative of other ordinances regulating and governing the subject matter covered by this ordinance. Section 3: This ordinance shall take effect as of April 1, 1994. PASSED AND APPROVED THIS 13TH DAY OF SEPTEMBER, 1994. THE CITY OF HUNTSVILLE W.H. Hodges, yor ATTEST: ADa.a Welter, City Secretary APPROVED: Scott Bou ds,City Attorney RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: ORDINANCE 94-38 ORDER MUNICIPAL ELECTION FOR 1-21-95 10-11-94 ORDINANCE NO.94-38 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, ORDERING A MUNICIPAL ELECTION TO BE HELD ON THE 21ST DAY OF JANUARY,1995,FOR THE PURPOSE OF ELECTING A MAYOR AT-LARGE, AND FOUR COUNCILMEMBERS, ONE FROM EACH OF THE CITY'S FOUR WARDS,ONE,TWO,THREE AND FOUR;PROVIDING FOR ELECTION OFFICERS;DESIGNATING THE PLACES AND MANNER OF HOLDING THE ELECTION; AND PROVIDING FOR THE POSTING AND PUBLICATION OF NOTICE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, that: SECTION 1. The regular municipal election of the City of Huntsville, prescribed by Section 6.01 of the City Charter,shall be held between the hours of seven(7:00)o'clock a.m.and seven(7:00)o'clock p.m.on the 21st day of January, 1995,in the City for the purpose of electing a Mayor at-large and four Councilmembers,one from each of the City's four wards, one(1), two(2), three(3)and four(4). SECTION 2. The City is hereby divided into seven(7)election precincts. The polling places and election officials for these election precincts shall be as follows: Precinct Polling Place Judge/Alternate Judge 101 First Baptist Church Wanda Horton/ 1530 10th Street James Hartston 102,and that part of Ward I north of Walker County Courthouse Lillian Nimmo/ FM 2821 and east of Rosenwall 1100 University Avenue Elizabeth Olm Rd.,and that part of 103 in the City, and that part of 104 in the City,and that part of 204 in the City and north of Highway 30,and that part of 302 in the City and west of Highway Loop 19. 201,and that part of 204 in the City First Presbyterian Church Betty Dunlap/ and south of Highway 30 and north 1801 19th Street John Holcombe or west of FM 1374. 205,and that part of 204 in the City Elkins Lake Recreation Corp. Lou Howard/ and southeast of F.M. 1374 634 Cherry Hills Lee Howard 206 Region VI Education Building Mary Jeanne Coers/ 3332 Montgomery Rd.(FM 1374) David Burris 301,and that part of 302 in the Martin Luther King Center Russell Martinez/ City and east of Hwy.Loop 19, 300 Avenue F Betty Haynes and that part of 402 in the City and north of Old Phelps Rd. 401,and that pan of 402 in the Second Baptist Church Doug Shearer/ City and south of Old Phelps Rd. 720 South Sam Houston Avenue Delora King 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. SECTION 4. A Mayor shall be selected for the City at-large by a majority vote of the registered voters of the City. The Mayor elected shall hold office for a period of two(2)years. SECTION 5. One Councilmember shall be selected from each of the respective ward numbers one (1), two (2), three (3) and four (4) of the City by a majority vote of the registered voters residing within that ward. The Councilmembers elected shall hold office for a period of two(2)years. SECTION 6. The Mayor and each of the four Counciimetnbers shall be citizens of the United States, qualified and registered voters of the State of Texas,residents within the present corporate limits of Huntsville for at least twelve months immediately preceding the election, and current in payment of taxes and assessments due to the City. SECTION 7. Any eligible and qualified person may have his name upon the official ballot as an independent candidate by submitting an application,which,in accordance with Texas Election Code Section 141.031, must be in writing and be signed and sworn to by the candidate and indicate the date that the candidate swears to the application. The application shall include: the candidate's name;the candidate's occupation;the office sought,including the ward number,if any;a statement that the candidate is a United States citizen; a statement that the candidate has not been determined mentally incompetent by a final judgment of a court;a statement that the candidate has not been finally convicted of a felony from which the candidate has not been pardoned or otherwise released from the resulting disabilities; the candidate's date of birth;the candidate's residence address or,if the residence has no address,the address at which the candidate receives mail and a concise description of the location of the candidate's residence;the candidate's length of continuous residence in the state and in the territory from which the office sought is elected as of the date the candidate swears to the application; a statement that the candidate is aware of the nepotism law,Articles 5996a through 59968 of the Texas Revised Statutes;and the statement: "I, ,of Walker County, Texas, being a candidate for the office of Mayor/Councilmember,swear that I will support and defend the constitution and laws of the United States and of the State of Texas." Such application must be filed with the Mayor or City Secretary not later than 5:00 p.m. of the 45th day before election day. SECTION 8. The order in which the names of the candidates are to be printed on the ballot shall be determined by a drawing of the City Secretary as provided by section 52.094 of the Texas Election Code. The form of the ballot for the election shall be as follows: OFFICIAL BALLOT Regular Election City of Huntsville, Texas January 21, 1995 INSTRUCTION NOTE: Vote for the candidate of your choice in each race by placing an "X" in the square beside the candidate's name. Mayor (Vote for one) ❑ (candidates' name) ❑ (candidates' name) Councilmember, Ward Number One (Vote for one) ❑ (candidates' name) ❑ (candidates' name) Councilmember, Ward Number Two (Vote for one) ❑ (candidates' name) ❑ (candidates' name) Councilmember,Ward Number Three (Vote for one) ❑ (candidates' name) ❑ (candidates' name) Councilmember,Ward Number Four (Vote for one) ❑ (candidates' name) 0 (candidates' name) SECTION 9. City Secretary,Danna Welter,is hereby appointed as Early Voting Clerk, and the City Hall 1212 Avenue M Huntsville,Texas 77340 is hereby designated as the place for early voting for the election. During the lawful early voting period, such clerk shall keep such place for early voting open for early voting from 8:00 a.m. to 5:00 p.m. on each day except Saturdays, Sundays, and official state holidays. SECTION 10. James Mathis is hereby appointed as the presiding judge of the early ballot board, and is hereby directed to perform the duties required of such by Chapter 87 of the Texas Election Code. SECTION 11. 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 twenty- five (25) 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(20)days before the election; and (d) by posting at City Hall and the Walker County Courthouse bulletin boards notice of the election at least twenty(20)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 12. This ordinance shall take effect from and after its passage. PASSED AND APPROVED this 11th day of October, 1994. THE CITY OF HUNTSVILLE W. H.Hodges,Ma or ATTEST: Danna Welter,City Secretary APPROVED AS TO FORM: —, L Scott ounds,City Attorney RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: ORDINANCE 94-39 STOP INTERSECTIONS-VARIOUS 10-11-94 ORDINANCE NO.94-39 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, AMENDING CHAPTER 12, MOTOR VEHICLES AND TRAFFIC, OF ITS CODE OF ORDINANCES BY PROVIDING STOP SIGNS AT THE INTERSECTION ON 9TH STREET AND AVENUE J (4- WAY),7TH STREET AND UNIVERSITY AVENUE(4-WAY), AVENUE Q AND 15TH STREET (3-WAY), AND PALM STREET AND SYCAMORE (4-WAY), PROVIDING A PENALTY OF UP TO $500 A DAY FOR CERTAIN VIOLATIONS; MAKING OTHER RELATED FINDINGS AND PROVISIONS RELATED THERETO; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, THAT: Section 1: The following described intersections are designated as stop intersections: Intersection At Deshmated 9th Street Avenue J 4-Way Stop 7th Street University Ave. 4-Way Stop Avenue Q 15th Street 3-Way Stop Pahn Street Sycamore 4-Way Stop Section 2: Schedule VIII,Stop Intersections,of Chapter 12,Motor Vehicles and Traffic,of the Code of Ordinances of the City of Huntsville, Texas, shall be revised to reflect the amendments made by this ordinance. Section 3: The City Manager is authorized and directed to cause the posting of proper signs at the above described intersection. Section 4: It shall be unlawful for driver of a vehicle to disobey the instruction of the signs placed in accordance with the provisions of this ordinance unless at the time otherwise directed by a Police Officer. Section 5: Any person, firm or corporation violating any provision of this ordinance or failing to comply with any requirement of the ordinance will be guilty of a misdemeanor and subject to a fine of up to five hundred($500.00)dollars upon conviction. The violation of any provision of the ordinance or the failure to comply with any requirement of this ordinance shall each constitute a distinct and separate offense. Section 6: If any section, subsection, sentence, clause,phrase or portion of this ordinance is for any reason held invalid or unconstitutional, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect any of the remaining provisions of this ordinance. Section 7: All ordinances and parts of ordinances in conflict with the provisions of this ordinance are hereby repealed; provided,however,that such repeal shall be only to the extent of such inconsistency and in all other respects this ordinance shall be cumulative of other ordinances regulating and governing the subject matter covered by this ordinance. Section 8: This ordinance shall take effect ten (10) days after its passage by the City Council. The City Secretary shall publish the caption of this ordinance in the official City newspaper at least twice within ten(10)days of its passage. PASSED AND APPROVED THIS 11TH DAY OF OCTOBER, 1994. THE CITY OF HUNTSVILLE G�"W. H Hodges, May r ATTEST: A tuUajzd Danna Welter, City Secretary APP0VED AS TO FORM: IeA (N�'/F-� ott B unds, City Attorney RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: ORDINANCE 94-40 AUTHORIZE PUBL.C.O.-UTILITY TRAILER 10-11-94 ORDINANCE NO.94-40 AN ORDINANCE AUTHORIZING PUBLICATION OF NOTICE TO BIDDERS AND NOTICE OF INTENTION TO ISSUE CERTIFICATES OF OBLIGATION FOR A UTILITY TRACTOR; AND MAKING VARIOUS PROVISIONS RELATED THERETO. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE,TEXAS, that: SECTION 1:The City Manager is hereby authorized and directed to cause to be published a notice to bidders and notice to issue Certificates of Obligation in substantially the following form: NOTICE TO BIDDERS AND NOTICE OF INTENTION TO ISSUE CERTIFICATE OF OBLIGATION BID NO.95-5 Utility Tractor NOTICE IS HEREBY GIVEN that the City of Huntsville, Texas,is now accepting sealed bids for a utility tractor which will be used for mowing and other maintenance activities by the Parks&Recreation Division. Bids will be received until 2:00 p.m., Tuesday, November 1, 1994,in the City of Huntsville Council Chambers,1212 Avenue M,at which time bids will be opened. The City Council tentatively proposes to let a contract for such purpose and to authorize issuance of a Certificate of Obligation,in accordance with the terms and provisions of this notice, at its November 15, 1994, meeting or at a subsequent meeting of the City Council in City Hall. Copies of specifications are on file and may be obtained or examined at the office of the Purchasing Department at 1212 Avenue M, Huntsville, Texas. The City reserves the right to accept any bid deemed most advantageous,including alternates, to reject any or all bids, and to waive any informality. It is the intention of the City to pay all or any part of any contractual obligation to be incurred for such purchase by the issuance of a Certificate of Obligation of the City pursuant to Texas Local Government Code Chapter 271 and payable front City ad valorem taxes,in the maximum aggregate principal amount of $30,000, bearing interest at a rate not in excess of that prescribed by Texas Revised Civil Statutes Article 717k-2,and maturing over a period of years not to exceed 20 years from the date thereof. The successful bidder will be required to accept the Certificate of Obligation in payment of all or any part of the contract price. The City Council has made provisions for each contractor to sell and assign the Certificate of Obligation and each bidder is required to elect whether the contractor will accept the Certificate in payment of all or a part of the contract price,or assign the Certificate in accordance with such arrangements. To be published October 16 and 23, 1994. SECTION 2:The notice set forth in Section 1 shall be published once a week for two(2) consecutive weeks in the Huntsville Item, a paper that is of general circulation in the City of Huntsville and that has been duly designated as the official newspaper of the City. The date of first publication shall not be less than fourteen(14)days prior to the date set in the notice for the receipt and opening of bids by the City. SECTION 3:This ordinance shall take effect and be in full force and effect immediately after its passage. PASSED AND APPROVED this 11th day of October, 1994. THE CITY OF HUNTSVILLE,TEXAS W.H.Hodges, ayo ATTEST: La�-� �t� Danna Welter, City Secretary APPR42VED AS TO FORM: Scott Bounds, City Attorney RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: ORDINANCE 94-41 TMRS UPDATED SERVICE CREDITS 11-15-94 ORDINANCE NO.94-41 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE,TEXAS,AUTHORIZING AND ALLOWING UNDER THE ACT GOVERNING THE TEXAS MUNICIPAL RETIREMENT SYSTEM, "UPDATED SERVICE CREDITS" IN THE SYSTEM FOR SERVICE PERFORMED BY QUALIFYING MEMBERS OF SUCH SYSTEM WHO PRESENTLY ARE IN THE EMPLOYMENT OF THE CITY OF HUNTSVILLE;PROVIDING FOR INCREASED PRIOR AND CURRENT SERVICE ANNUITIES FOR RETIREES AND BENEFICIARIES OF DECEASED RETIREES OF THE CITY; AND ESTABLISHING AN EFFECTIVE DATE FOR SUCH ACTIONS. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, that: SECTION 1: Authorization of Updated Service Credits. (a) On the terms and conditions set out in Sections 853.401 through 853.404 of Subtitle G of Title 8,Government Code,as amended(hereinafter referred to as the"TMRS ACT"), each member of the Texas Municipal Retirement System (hereinafter referred to as "System")who has current service credit or prior service credit in the System in force and effect on the 1st day of January of the calendar year preceding such allowance,by reason of service in the employment of the City of Huntsville (hereinafter called the "City"), and on such date had at least 36 months of credited service with the System, shall be and is hereby allowed "Updated Service Credit" (as that term is defined in subsection(d)of Section 853.402 of that title in an amount that is 100% of the "base Updated Service Credit" of the member (calculated as provided in subsection (c) of Section 853.402 of that title). The Updated Service Credit hereby allowed shall replace any Updated Service Credit, prior service credit, special prior service credit or antecedent service credit previously authorized for part of the same service. (b) On the terms and conditions set out in Section 853.601 of that title,any member of the System who is eligible for Updated Service Credits on the basis of service with this City, and who has unforfeited credit for prior service and/or current service with another participating municipality or municipalities by reason of previous service, and was a contributing member on the 1st day of January of the calendar year preceding such allowance, shall be credited with Updated Service Credits pursuant to, calculated in accordance with, and subject to adjustment as set forth in Section 853.601. (c) In accordance with the provisions of subsection(d)of Section 853.401 of that title,the deposits required to be made to the System by employees of the several participating departments on account of current service shall be calculated from and after the date aforesaid on the full amount of such person's earnings as an employee of the City. SECTION 2: Increase in Retirement Annuities. (a) On terms and conditions set out in Section 854.203 of Subtitle G of Title 8,Government Code, as amended, the City hereby elects to allow and to provide for payment of the increases below stated in monthly benefits payable by the System to retired employees and to beneficiaries of deceased employees of this City under current service annuities and prior service annuities arising from service by such employees to this City. An annuity increased under this Section replaces any annuity or increased annuity previously granted to the same person. (b) The amount of the annuity increase under this Section is computed as the sum of the prior service and current service annuities on the effective date of retirement of the person on whose service the annuities are based,multiplied by 70% of the percentage change in Consumer Price Index for All Urban Consumers,from December of the year immediately preceding the effective date of the person's retirement to the December that is 13 months before the effective date of this ordinance. (c) An increase in an annuity that was reduced because of an option selection is reducible in the same proportion and in the same manner that the original annuity was reduced. (d) If a computation hereunder does not result in an increase in the amount of an annuity, the amount of the annuity will not be changed hereby. (e) The amount by which an increase under this Section exceeds all previously granted increases to an annuitant is an obligation of this City and of its account in the municipality accumulation fund of the system. SECTION 3: Effective Date. Subject to approval by the Board of Trustees of Texas Municipal Retirement System,the updated service credits and increases in retirement annuities granted hereby shall be and become effective on the first date January, 1995. PASSED AND APPROVED this the 15th day of November, 1994. THE CITY OF HUNTSVILLE W.H. Hodges,Ma o ATTEST: Danna Welter, City Secretary APPROVED: �GG Scott Bounds, City Attorney RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: ORDINANCE 94-42 REVOKE ISSUANCE C.O.-GARB.TRUCK 11-15-94 ORDINANCE NO.94-42 AN ORDINANCE CANCELLING A CONTRACT FOR ONE (1) NEW AND UNUSED 1994 DIESEL POWERED FRONT LOADING GARBAGE TRUCK IN THE AMOUNT OF $116,180; REVOKING ISSUANCE OF A CITY OF HUNTSVILLE, TEXAS, EQUIPMENT ACQUISITION CERTIFICATE OF OBLIGATION; AND CONTAINING OTHER PROVISIONS RELATED TO THE SUBJECT. WHEREAS On January 18, 1994, the City Council of the City of Huntsville, after competitive bids for one(1)new and unused 1994 diesel powered front loading garbage truck were received, awarded a contract for the purchase of such equipment in accordance with Texas Local Government Code Chapter 271 to Texas Municipal Truck Equipment, in the amount of$116,180;and WHEREAS On January 18, 1994,the City authorized issuance of a Certificate of Obligation for purchase of the truck; and WHEREAS The City desires to cancel the contract for purchase of the truck because it fails to satisfy City requirements;and WHEREAS The City has not delivered the certificate of obligation. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS;that: Section 1: The City Council cancels the contract with Texas Municipal Truck Equipment to purchase the 1994 diesel powered front loading garbage truck. Section 2: The City Council revokes the issuance of a City equipment acquisition Certificate of Obligation for the truck in the amount of$116,180. Section 3: This ordinance shall take effect and be in force from and after its passage and approval. PASSED AND APPROVED THIS 15TH DAY OF NOVEMBER, 1994. CITY OF HUNTSVILLE,TEXAS W.H.Hodges,May r ATTEST: Mum Welter,City Secretary APPROVED: Scott Bolinds,City Attorney RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: ORDINANCE 94-43 TMRS PRIOR SERVICE CREDIT-ELMUD 11-15-94 ORDINANCE NO.94-43 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, PROVIDING FOR AND GRANTING PRIOR SERVICE CREDIT IN THE TEXAS MUNICIPAL RETIREMENT SYSTEM TO EMPLOYEES OF THE CITY OF HUNTSVILLE,TEXAS,WHO WERE EMPLOYEES OF THE ELKINS LAKE MUNICIPAL UTILITY DISTRICT AT THE TIME THE ELKINS LAKE MUNICIPAL UTILITY DISTRICT AND ROAD DISTRICT WAS ACQUIRED BY THE CITY OF HUNTSVILLE, TEXAS; PROVIDING FOR FUNDING OF ALL OF THE OBLIGATIONS UNDERTAKEN BY THE CITY BY REASON OF THE GRANTING OF SUCH CREDIT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS Section 853.301 of Subtitle G of Title 8 of the Government Code, as amended, authorizes the governing body of a participating municipality which has acquired a public hospital,utility or other public facility subsequent to the municipality's participation in the Texas Municipal Retirement System(the "System")to grant "prior service credit" in the System to members employed by the participating municipality for service performed by the member as an employee of the public hospital,utility, or other public facility during a period of time the facility was operated by a unit of government,other than the municipality,before the date of acquisition of the facility by the municipality; and WHEREAS the Elkins Lake Municipal Utility District and Road District(the "District")is a facility which,prior to October 1, 1994,was operated by a unit of government other than the City of Huntsville,Texas(the "City"); and WHEREAS the City Council of the City of Huntsville finds that it will be in the public interest of the City to grant prior service credit in the System for service performed in the District prior to the Acquisition Date. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS,that: SECTION 1: That the City hereby authorizes the granting of prior service credit pursuant to Section 63.301 of the Act for service performed in the District during all periods of time prior to the Acquisition Date when the District was operated by a unit of government other than the City. SECTION 2: That the City Secretary is hereby authorized and directed to ascertain and certify officially to the Board of Trustees of the Texas Municipal Retirement System:a) the names of those persons who were employed by the District on the Acquisition Date and who is eligible for prior service credit pursuant to Section 853,301 of the Act, and under this Ordinance;b) the amount of credit to which each such person is entitled; c)each such person's average prior service compensation as that term is defined in Section 853.104 of the Act; and d) all such other information as may be required under the rules and regulations of the Board of Trustees of the System. SECTION 3: All Credit authorized under this Ordinance shall be treated as if it were performed for the City, and all sums of money that may be computed by the System's actuary as being necessary to fund the credit hereby granted shall constitute a charge against the City's account in the municipality accumulation fund of the System. SECTION 4: This Ordinance shall become effective on the 1st day of the month following the date upon which the certification described in Section 2,above is received by the System. PASSED AND APPROVED this the 15th day of November, 1994. THE CITY OF HUNTSVILLE n , W.H. Hodges,Mayor ATTEST: i Li�—A L/Danna Welter,City Secretary APP VED: Scott Bou ds, City Attorney RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: ORDINANCE 95-01 CANVASS RESULTS OF 1-21-95 ELECTION 1-24-95 ORDINANCE NO.95-01 AN ORDINANCE CANVASSING THE RETURNS OF THE REGULAR MUNICIPAL ELECTION HELD WITHIN THE CITY OF HUNTSVILLE ON THE 21ST DAY OF JANUARY, 1995, FOR THE PURPOSE OF ELECTING A MAYOR AT LARGE, AND FOUR COUNCILMEMBERS, ONE FROM EACH OF THE CITY'S FOUR WARDS ONE,TWO,THREE AND FOUR; DECLARING THE RESULTS OF THE ELECTION; FINDING THAT NOTICE OF THE ELECTION WAS DULY AND PROPERLY GIVEN, THAT THE ELECTION WAS PROPERLY HELD AND RETURNS THEREOF MADE BY THE PROPER OFFICIALS IN ACCORDANCE WITH THE LAWS OF THE STATE. WHEREAS pursuant to Section 6.07 of the Charter of the City of Huntsville, the City Council, at a regular meeting held on the 24th day of January, 1995,proceeded to canvass the returns of the regular municipal election held in the City on the 21st day of January, 1995, for the purpose of electing a Mayor and four Councilmembers, one from each of the City's four Wards; and WHEREAS the election was held under and pursuant to the provisions of Ordinance No.94- 38 calling the election; and WHEREAS the election having been duly and regularly had as called in the ordinance and according to law, and the returns thereof having been made and the election judges having certified the results of the election,as hereinafter set out, and the City Council having duly and regularly canvassed the returns of the election and finding that the total votes cast at the election were as follows: FOR MAYOR,AT LARGE JAMES R. DESHAW 217 JOHN JAFREH 30 JIM CARTER 467 BILL GREEN 1594 WRITE-INS 2 FOR COUNCILMEMBER,WARD ONE RON LANGE 385 WRITE-INS 12 FOR COUNCILMEMBER,WARD TWO DAVE LUNING 369 WRITE-INS 15 FOR COUNCILMEMBER,WARD THREE JOANN MATTHEWS 154 WRITE-INS 6 FOR COUNCILMEMBER,WARD FOUR ANN JAMES 457 VANCE HOWARD 232 HAROLD L. NORTON 293 WRITE-IN DEMARCO MARSHALL 1 WRITE-INS 0 WHEREAS the City Council of the City of Huntsville finds that the election returns set out above to be accurate and correct,and no election protest or contest has been filed with Council or instituted in connection with the election returns: NOW THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS,that: SECTION 1: Bill Green received a majority of the votes cast at the election for the office of Mayor,at Large,and accordingly,Bill Green is declared elected to the office of Mayor,at Large,subject to the taking of his oath and filing bond as provided by the laws of the State of Texas. SECTION 2: Ron Lange received a majority of the votes cast at the election for the office of Councilmember Ward One,and accordingly,Ron Lange is declared elected to the office of Councilmember Ward One, subject to the taking of his oath and filing bond as provided by the laws of the State of Texas. SECTION 3: Dave Luning received a majority of the votes cast at the election for the office of Councilmember Ward Two,and accordingly,Dave Luning is declared elected to the office of Councilmember Ward Two,subject to the taking of his oath and filing bond as provided by the laws of the State of Texas. SECTION 4: JoAnn Matthews received a majority of the votes cast at the election for the office of Councilmember Ward Three, and accordingly, JoAnn Matthews is declared elected to the office of Councilmember Ward Three,subject to the taking of her oath and filing bond as provided by the laws of the State of Texas. SECTION 5: Ann James received 457 votes, Vance Howard received 232 votes, Harold L. Norton received 293 votes, and Write-In Demarco Keith Marshall received one vote. Accordingly,no candidate was elected by a majority of the votes. There will be a runoff election between Ann James and Harold L.Norton on February 11, 1995. SECTION 6: City Council finds that the notice of the election was duly and properly given as required by law and as provided in ordinance calling the election, and that the election was duly and regularly held and the returns thereof duly and regularly made by the proper officials of the election, and in all things according to the law. SECTION 7: This ordinance shall take effect immediately from and after its passage. APPROVED this 24th day of January, 1995. THE CITY OF HUNTSVILLE,TEXAS W. H.Hodges,Mayor ATTEST: Danna Welter, City Secretary APPRO D AS ORM: Scott Bounds City Attorney RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: ORDINANCE 95-02 ORDER RUNOFF ELECTION FOR 2-11-95 1-24-95 ORDINANCE NO.95-02 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE,TEXAS, ORDERING A SPECIAL RUNOFF MUNICIPAL ELECTION TO BE HELD ON THE 11TH DAY OF FEBRUARY, 1995, FOR THE PURPOSE OF ELECTING ONE COUNCILMEMBER FROM WARD 4,PROVIDING FOR ELECTION OFFICERS;DESIGNATING THE PLACES AND MANNER OF HOLDING THE ELECTION; AND PROVIDING FOR THE POSTING AND PUBLICATION OF THIS NOTICE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE,TEXAS, that: SECTION 1: A runoff municipal election of the City of Huntsville,prescribed by Section 6.02 of the City Charter,shall be held between the hours of seven(7:00)o'clock a.m. and seven(7:00)o'clock p.m.on the 11th day of February, 1995,in the City for the purpose of electing a Councilmember from Ward 4. SECTION 2: Ward 4 is hereby divided into two (2) election precincts, 401 and 205. The polling places and election officials for these election precincts shall be as follows: Election Precinct Polling Place Presiding Judge 205,and that part of 204 in the Elkins Lake Recreation Corp. LeeHoward/Roy Gunter City and southeast of F.M. 1374 634 Cherry Hills 401,and that part of 402 in the Second Baptist Church Doug Shearer/Mary Shelly City and south of Old Phelps Rd. 720 South Sam Houston Avenue 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. SECTION 4. One Councilmember shall be selected from Ward 4 by a majority vote of the registered voters of the City registered in Ward 4 and voting at the runoff election. The Councilmember to be elected shall hold office for a period of two (2)years. SECTION 5. The Councilmember shall be a citizen of the United States,qualified voter of the State of Texas, resident within the present corporate limits of Huntsville for at least twelve(12)months, a current resident of Ward 4, and current in payment of taxes and assessments due to the City. SECTION 6. The order in which the names of the candidates are to be printed on the ballot shall be determined by a drawing of the City Secretary as provided by section 52.094 of the Texas Election Code, after 24 hours posted notice. The form of the ballot for the election shall be as follows: OFFICIAL BALLOT Runoff Election City of Huntsville,Texas February 11, 1995 INSTRUCTION NOTE: Vote for the candidate of your choice in each race by placing an"X" in the square beside the candidate's name. Councilmember,Ward 4 (Vote for one) SECTION 7. City Secretary,Danna Welter, is appointed as the Early Voting Clerk, and City Hall 1212 Avenue M Huntsville,Texas 77340 is designated as the place for early voting for the election. The beginning date of early voting shall be January 25, 1995, and the last day of early voting shall be February 7, 1995. During the lawful early voting period, the early voting clerk shall keep the place for early voting open for early voting from 8:00 a.m. to 5:00 p.m.on each day except Saturdays,Sundays,and official state holidays. SECTION 8. Darryl Patrick is appointed as the presiding judge of the early ballot board,and is directed to perform the duties required of such by Chapter 87 of the Texas Election Code. SECTION 9. The Mayor and City Secretary are directed to give notice of the election by: (a) publishing the notice at least ten (10) days before the election in the newspaper(Huntsville City Charter§6.02); and (b) posting at the City Hall bulletin board notice of the election at least fifteen (15)days before the election(Texas Election Code§2.026). The Mayor and City Secretary shall file with the City Secretary a copy of the notice as published, together with the name of the newspaper and the dates of publication. SECTION 10. This ordinance shall take effect from and after its passage. PASSED AND APPROVED this 24th day of January, 1995. THE CITY OF HUNTSVILLE By William B. Green,Mayor ATTEST: anna Welter, City Secretary APPRO ED AS FORM: Scott Bounds,City Attorney RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: ORDINANCE 95-03 ISSUE TAX ANTIC.NOTES-$1.42M 1-24-95 ORDINANCE NO. 95-03 AN ORDINANCE authorizing the issuance of "CITY OF HUNTSVILLE, TEXAS, TAX NOTES, SERIES 1995"; specifying the terms and features of said notes; levying a continuing direct annual ad valorem tax for the payment of said notes; and resolving other matters incident and related to the issuance, sale, payment and delivery of said notes, including the approval and execution of a Paying Agent/Registrar Agreement and the approval and distribution of an Official Statement; and providing an effective date. WHEREAS, pursuant to Chapter 137, Acts of the 73rd Legislature, Regular Session, 1993 (Article 717w, Vernon's Texas Civil Statutes), hereinafter called the "Act", the City Council is authorized and empowered to issue notes to pay contractual obligations to be incurred (i) for the construction of any public work and (ii) for the purchase of materials, supplies, equipment, machinery, buildings, lands and rights-of-way for the City's authorized needs and purposes; and WHEREAS, in accordance with the provisions of the Act, the City Council hereby finds and determines that notes should be issued and sold at this time to finance the costs of paying contractual obligations to be incurred for (i) improving, renovating, repairing and equipping municipal facilities, (ii) making improvements and extensions to City's combined Waterworks and Sewer System and (iii) professional services rendered in relation to such projects and the financing thereof; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS: SECTION 1: Authorization - Designation- Principal Amount- Purpose. Notes of the City shall be and are hereby authorized to be issued in the aggregate principal amount of $1,420,000, to be designated and bear the title "CITY OF HUNTSVILLE, TEXAS, TAX NOTES, SERIES 1995" (hereinafter referred to as the "Notes"), for the purpose of paying contractual obligations to be incurred for (i) improving, renovating, repairing and equipping municipal facilities, (ii) making improvements and extensions to City's combined Waterworks and Sewer System and (iii) professional services rendered in relation to such projects and the financing thereof, in conformity with the Constitution and laws of the State of Texas, including Article 717w, V.A.T.C.S. 0221659 SECTION 2: Fully Registered Oblioations - Note Date - Authorized Denominations-Stated Maturities-Interest Rates. The Notes shall be issued as fully registered obligations only, shall be dated January 15, 1995 (the "Note Date"), shall be in denominations of $5,000 or any integral multiple (within a Stated Maturity) thereof, and shall become due and payable on January 15 in each of the years and in principal amounts (the "Stated Maturities") in accordance with the following schedule: Principal Interest Stated Maturity Amount Rate(s) 1996 $170,000 5.75 $ 1997 180,000 5.85 1998 190,000 5.875% 1999 200,000 5.875% 2000 215,000 5.75 % 2001 225,000 5.50 % 2002 240,000 5.50 % The Notes shall bear interest on the unpaid principal amounts from the Note Date at the rate(s) per annum shown above in this Section (calculated on the basis of a 360-day year of twelve _ 30-day months). Interest on the Notes shall be payable on January 15 and July 15 in each year, commencing July 15, 1995. SECTION 3: Terms of Payment-Paying Agent/Registrar. The principal of, premium, if any, and the interest on the Notes, due and payable by reason of maturity or otherwise, shall be payable only to the registered owners or holders of the Notes (hereinafter called the "Holders") appearing on the registration and transfer books maintained by the Paying Agent/Registrar and the payment thereof shall be in any coin or currency of the United States of America, which at the time of payment is legal tender for the payment of public and private debts, and shall be without exchange or collection charges to the Holders. The selection and appointment of U. S. Trust Company of Texas, N.A. to serve as Paying Agent/Registrar for the Notes is hereby approved and confirmed. Books and records relating to the registration, payment, transfer and exchange of the Notes (the "Security Register") shall at all times be kept and maintained on behalf of the City by the Paying Agent/Registrar, as provided herein and in accordance with the terms and provisions of a "Paying Agent/ Registrar Agreement", substantially in the form attached hereto as Exhibit A, and such reasonable rules and regulations as the Paying Agent/Registrar and the City may prescribe. The Mayor and City Secretary are authorized to execute and deliver such Agreement in connection with the delivery of the Notes. The City covenants to maintain and provide a Paying Agent/Registrar at all times until the Notes are paid and 0221659 -2- discharged, and any successor Paying Agent/Registrar shall be a bank, trust company, financial institution or other entity qualified and authorized to serve in such capacity and perform the duties and services of Paying Agent/Registrar. Upon any change in the Paying Agent/Registrar for the Notes, the City agrees to promptly cause a written notice thereof to be sent to each Holder by United States Mail, first class postage prepaid, which notice shall also give the address of the new Paying Agent/Registrar. Principal of and premium, if any, on the Notes shall be payable at the Stated Maturities, only upon presentation and surrender of the Notes to the Paying Agent/Registrar at its Offices in New York, New York (the "Designated Payment/Transfer Office"). Interest on the Notes shall be paid to the Holders whose name appears in the Security Register at the close of business on the Record Date (the last business day of the month next preceding each interest payment date) and shall be paid by the Paying Agent/Registrar (i) by check sent United States Mail, first class postage prepaid, to the address of the Holder recorded in the Security Register or (ii) by such other method, acceptable to the Paying Agent/Registrar, requested by, and at the risk and expense of, the Holder. If the date for the payment of the principal of or interest on the Notes shall be a Saturday, Sunday, a legal holiday, or a day when banking institutions in the City where the Designated Payment/Transfer Office of the Paying Agent/Registrar is located are authorized by law or executive order to close, then the date for such payment shall be the next succeeding day which is not such a Saturday, Sunday, legal holiday, or day when banking institutions are authorized to close; and payment on such date shall have the same force and effect as if made on the original date payment was due. In the event of a nonpayment of interest on a scheduled payment date, and for thirty (30) days thereafter, a new record date for such interest payment (a "Special Record Date$') will be established by the Paying Agent/ Registrar, if and when funds for the payment of such interest have been received from the City. Notice of the Special Record Date and of the scheduled payment date of the past due interest (which shall be 15 days after the Special Record Date) shall be sent at least five (5) business days prior to the Special Record Date by United States Mail, first class postage prepaid, to the address of each Holder appearing on the Security Register at the close of business on the last business day next preceding the date of mailing of such notice. SECTION 4: Non-Redeemable. The Notes shall not be subject to redemption prior to maturity at the option of the City. SECTION 5: Registration - Transfer - Exchange of Notes Predecessor Notes. The Paying Agent/Registrar shall obtain, record, and maintain in the Security Register the name and address 0221659 -3- of each and every owner of the Notes issued under and pursuant to the provisions of this Ordinance, or if appropriate, the nominee thereof. Any Note may be transferred or exchanged for Notes of other authorized denominations by the Holder, in person or by his duly authorized agent, upon surrender of such Note to the Paying Agent/Registrar for cancellation, accompanied by a written instrument of transfer or request for exchange duly executed by the Holder or by his duly authorized agent, in form satisfactory to the Paying Agent/Registrar. Upon surrender of any Note for transfer at the Designated Payment/Transfer Office of the Paying Agent/Registrar, the Paying Agent/Registrar shall register and deliver, in the name of the designated transferee or transferees, one or more new Notes of authorized denominations and having the same Stated Maturity and of a like aggregate principal amount as the Note or Notes surrendered for transfer. At the option of the Holder, Notes may be exchanged for other Notes of authorized denominations and having the same Stated Maturity, bearing the same rate of interest and of like aggregate principal amount as the Notes surrendered for exchange, upon surrender of the Notes to be exchanged at the Designated' Payment/Transfer Office of the Paying Agent/Registrar. Whenever any Notes are surrendered for exchange, the Paying Agent/Registrar shall register and deliver new Notes to the Holder requesting the exchange. All Notes issued in any transfer or exchange of Notes shall be delivered to the Holders at the Designated Payment/Transfer Office of the Paying Agent/Registrar or sent by United States Mail, first class, postage prepaid to the Holders, and, upon the registration and delivery thereof, the same shall be the valid obligations of the City, evidencing the same obligation to pay, and entitled to the same benefits under this Ordinance, as the Notes surrendered in such transfer or exchange. All transfers or exchanges of Notes pursuant to this Section shall be made without expense or service charge to the Holder, except as otherwise herein provided, and except that the Paying Agent/Registrar shall require payment by the Holder requesting such transfer or exchange of any tax or other governmental charges required to be paid with respect to such transfer or exchange. Notes cancelled by reason of an exchange or transfer pursuant to the provisions hereof are hereby defined to be "Predecessor Notes," evidencing all or a portion, as the case may be, of the same obligation to pay evidenced by the new Note or Notes registered and delivered in the exchange or transfer therefor. Additionally, the term "Predecessor Notes" shall include any mutilated, lost, destroyed, or stolen Note for which a replacement 0221659 -`�- Note has been issued, registered, and delivered in lieu thereof pursuant to the provisions of Section 11 hereof and such new replacement Note shall be deemed to evidence the same obligation as the mutilated, lost, destroyed, or stolen Note. SECTION 6: Book-Entry Only Transfers and Transactions. Notwithstanding the provisions contained in Sections 3 and 5 hereof relating to the payment, and transfer/exchange of the Notes, the City hereby approves and authorizes the use of "Book-Entry Only" securities clearance, settlement and transfer system provided by The Depository Trust Company (DTC), a limited purpose trust company organized under the laws of the State of New York, in accordance with the requirements and procedures identified in the Letter of Representation, by and between the City, the Paying Agent/Registrar and DTC (the "Depository Agreement") relating to the Notes. Pursuant to the Depository Agreement and the rules of DTC, the Notes shall be deposited with DTC who shall hold said Notes for its participants (the "DTC Participants"). While the Notes are held by DTC under the Depository Agreement, the Holder of the Notes on the Security Register for all purposes, including payment and notices, shall be Cede & Co., as nominee of DTC, notwithstanding the ownership of each actual purchaser or owner of each Note (the "Beneficial owners") being recorded in the records of DTC and DTC Participants. In the event DTC determines to discontinue serving as securities depository for the Notes or otherwise ceases to provide book-entry clearance and settlement of securities transactions in general or the City determines that DTC is incapable of properly discharging its duties as securities depository for the Notes, the City covenants and agrees with the Holders of the Notes to cause Notes to be printed in definitive form and provide for the Note certificates to be issued and delivered to DTC Participants and Beneficial Owners, as the case may be. Thereafter, the Notes in definitive form shall be assigned, transferred and exchanged on the Security Register maintained by the Paying Agent/Registrar and payment of such Notes shall be made in accordance with the provisions of Sections 3 and 5 hereof. SECTION 7: Execution - Registration. The Notes shall be executed on behalf of the City by the Mayor under its seal reproduced or impressed thereon and countersigned by the City Secretary. The signature of said officers on the Notes may be manual or facsimile. Notes bearing the manual or facsimile signatures of individuals who are the Mayor and City Secretary of the City executing this ordinance shall be deemed to be duly executed on behalf of the City, notwithstanding that such individuals or either of them shall cease to hold such offices at the time of delivery of the Notes to the initial purchaser(s) and 0221659 -5- with respect to Notes delivered in subsequent exchanges and transfers, all as authorized and provided in the Bond Procedures Act of 1981, as amended. No Note shall be entitled to any right or benefit under this Ordinance, or be valid or obligatory for any purpose, unless there appears on such Note either a certificate of registration substantially in the form provided in Section 9C, manually executed by the Comptroller of Public Accounts of the State of Texas, or his duly authorized agent, or a certificate of registration substantially in the form provided in Section 9D, manually executed by an authorized officer, employee or representative of the Paying Agent/Registrar, and either such certificate duly signed upon any Note shall be conclusive evidence, and the only evidence, that such Note has been duly certified, registered, and delivered. SECTION 8: Initial Note(s). The Notes herein authorized shall be initially issued either (i) as a single fully registered note in the total principal amount of $1,420,000 with principal installments to become due and payable as provided in Section 2 hereof and numbered T-1, or (ii) as seven (7) fully registered notes, being one note for each stated maturity in the applicable principal amount and denomination and to be numbered consecutively from T-1 and upward (hereinafter called the "Initial Note(s)") and, in either case, the Initial Note(s) shall be registered in the name of the initial purchaser(s) or the designee thereof. The Initial Note(s) shall be the Notes submitted to the Office of the Attorney General of the State of Texas for approval, certified and registered by the Office of the Comptroller of Public Accounts of the State of Texas and delivered to the initial purchaser(s). Any time after the delivery of the Initial Note(s), the Paying Agent/Registrar, pursuant to written instructions from the initial purchaser(s), or the designee thereof, shall cancel the Initial Note(s) delivered hereunder and exchange therefor definitive Notes of authorized denominations, Stated Maturities, principal amounts and bearing applicable interest rates for transfer and delivery to the Holders named at the addresses identified therefor; all pursuant to and in accordance with such written instructions from the initial purchaser(s), or the designee thereof, and such other information and documentation as the Paying Agent/Registrar may reasonably require. SECTION 9: Forms. A. Forms Generally. The Notes, the Registration Certificate of the Comptroller of Public Accounts of the State of Texas, the Registration Certificate of Paying Agent/Registrar, and the form of Assignment to be printed on each of the Notes, shall be substantially in the forms set forth in this Section with such appropriate insertions, omissions, substitutions, and other variations as are permitted or required by this Ordinance and may have such letters, numbers, or other 0221659 -6- marks of identification (including identifying numbers and letters of the Committee on Uniform Securities Identification Procedures of the American Bankers Association) and such legends and endorsements (including insurance legends in the event the Notes, or any maturities thereof, are purchased with insurance and any reproduction of an opinion of counsel) thereon as may, consistently herewith, be established by the City or determined by the officers executing such Notes as evidenced by their execution. Any portion of the text of any Notes may be set forth on the reverse thereof, with an appropriate reference thereto on the face of the Note. The definitive Notes and the Initial Note(s) shall be printed, lithographed, or engraved, typewritten, photocopied or otherwise reproduced in any other similar manner, all as determined by the officers executing such. Notes as evidenced by their execution thereof. B. Form of Definitive Note. REGISTERED REGISTERED NO. $ UNITED STATES OF AMERICA STATE OF TEXAS CITY OF HUNTSVILLE, TEXAS TAX NOTE, SERIES 1995 Note Date: Interest Rate: Stated Maturity: CUSIP NO: January 15, 1995 Registered Owner: Principal Amount: DOLLARS The City of Huntsville (hereinafter referred to as the "City"), a body corporate and political subdivision in the County of Walker, State of Texas, for value received, acknowledges itself indebted to and hereby promises to pay to the order of the Registered Owner named above, or the registered assigns thereof, on the Stated Maturity date specified above the Principal Amount hereinabove stated, without right of prior redemption, and to pay interest on the unpaid principal amount hereof from the Note Date at the per annum rate of interest specified above computed on the basis of a 360-day year of twelve 30-day months; such interest 0221659 -� being payable on January 15 and July 15 in each year, commencing July 15, 1995. Principal of this Note is payable at its Stated Maturity to the registered owner hereof, upon presentation and surrender, at the Designated Payment/Transfer Office of the Paying Agent/Registrar executing the registration certificate appearing hereon, or its successor. Interest is payable to the registered owner of this Note (or one or more Predecessor Notes, as defined in the Ordinance hereinafter referenced) whose name appears on the "Security Register" maintained by the Paying Agent/Registrar at the close of business on the "Record Date", which is the last business day of the month next preceding each interest payment date, and interest shall be paid by the Paying Agent/Registrar by check sent United States Mail, first class postage prepaid, to the address of the registered owner recorded in the Security Register or by such other method, acceptable to the Paying Agent/Registrar, requested by, and at the risk and expense of, the registered owner. All payments of principal of, premium, if any, and interest on this Note shall be without exchange or collection charges to the owner hereof and in any coin or currency of the United States of America which at the time of payment is legal tender for the payment of public and private debts. This Note is one of the series specified in its title issued' in the aggregate principal amount of $1,420,000 (herein referred to as the "Notes") for the purpose of paying contractual obligations to be incurred for (i) improving, renovating, repairing and equipping municipal facilities, (ii) making improvements and extensions to City's combined Waterworks and Sewer System and (iii) professional services rendered in relation to such projects and the financing thereof, under and in strict conformity with the Constitution and laws of the State of Texas and pursuant to an Ordinance adopted by the City Council of the City (herein referred to as the "Ordinance"). The Notes are payable from the proceeds of an ad valorem tax levied, within the limitations prescribed by law, upon all taxable property in the City. Reference is hereby made to the Ordinance, a copy of which is on file in the Designated Payment/Transfer Office of the Paying Agent/Registrar, and to all of the provisions of which the owner or holder of this Note by the acceptance hereof hereby assents, for definitions of terms; the description of and the nature and extent of the tax levied for the payment of the Notes; the terms and conditions relating to the transfer or exchange of this Note; the conditions upon which the Ordinance may be amended or supplemented with or without the consent of the Holders; the rights, duties, and obligations of the City and the Paying Agent/Registrar; the terms and provisions upon which this Note may be discharged at or prior to its maturity, and deemed to be no longer Outstanding thereunder; and for other terms and provisions contained therein. Capitalized terms used herein have the meanings assigned in the Ordinance. 0221659 -8- This Note, subject to certain limitations contained in the Ordinance, may be transferred on the Security Register only upon its presentation and surrender at the Designated Payment/Transfer Office of the Paying Agent/Registrar, with the Assignment hereon duly endorsed by, or accompanied by a written instrument of transfer in form satisfactory to the Paying Agent/Registrar duly executed by, the registered owner hereof, or his duly authorized agent. when a transfer on the Security Register occurs, one or more new fully registered Notes of the same Stated Maturity, of authorized denominations, bearing the same rate of interest, and of the same aggregate principal amount will be issued by the Paying Agent/Registrar to the designated transferee or transferees. The City and the Paying Agent/Registrar, and any agent of either, shall treat the registered owner whose name appears on the Security Register (i) on the Record Date as the owner entitled to payment of interest hereon, (ii) on the date of surrender of this Note as the owner entitled to payment of principal hereof at its Stated Maturity, and (iii) on any other date as the owner for all other purposes, and neither the City nor the Paying Agent/Registrar, or any agent of either, shall be affected by . notice to the contrary. In the event of nonpayment of interest on a scheduled payment date and for thirty (30) days thereafter, a new record date for such interest payment (a "Special Record Date") will be established by the Paying Agent/Registrar, if and when funds for the payment of such interest have been received from the City. Notice of the Special Record Date and of the scheduled payment date of the past due interest (which shall be 15 days after the Special Record Date) shall be sent at least five (5) business days prior to the Special Record Date by United States Mail, first class postage prepaid, to the address of each Holder appearing on the Security Register at the close of business on the last business day next preceding the date of mailing of such notice. It is hereby certified, recited, represented and declared that the City is a body corporate and political subdivision duly organized and legally existing under and by virtue of the Constitution and laws of the State of Texas; that the issuance of the Notes is duly authorized by law; that all acts, conditions and things required to exist and be done precedent to and in the issuance of the Notes to render the same lawful and valid obligations of the City have been properly done, have happened and have been performed in regular and due time, form and manner as required by the Constitution and laws of the State of Texas, and the Ordinance; that the Notes do not exceed any Constitutional or statutory limitation; and that due provision has been made for the payment of the principal of and interest on the Notes by the levy of a tax as aforestated. In case any provision in this Note shall be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not in any way be 0221659 _y affected or impaired thereby. The terms and provisions of this Note and the Ordinance shall be construed in accordance with and shall be governed by the laws of the State of Texas. IN WITNESS WHEREOF, the City Council of the City has caused this Note to be duly executed under the official seal of the City. CITY OF HUNTSVILLE, TEXAS COUNTERSIGNED: Mayor City Secretary (SEAL) C. *Form of Registration Certificate of Comptroller of Public Accounts to appear on Initial Note(s) only. REGISTRATION CERTIFICATE OF COMPTROLLER OF PUBLIC ACCOUNTS OFFICE OF THE COMPTROLLER OF PUBLIC ACCOUNTS ( REGISTER NO. THE STATE OF TEXAS I HEREBY CERTIFY that this Note has been examined, certified as to validity and approved by the Attorney General of the State of Texas, and duly registered by the Comptroller of Public Accounts of the State of Texas. WITNESS my signature and seal of office this Comptroller of Public Accounts of the State of Texas (SEAL) 0221659 -10- D. Form of Certificate of Paying Agent/Registrar to appear on Definitive Notes only. REGISTRATION CERTIFICATE OF PAYING AGENT/REGISTRAR This Note has been duly issued and registered under the provisions of the within-mentioned Ordinance; the note or notes of the above entitled and designated series originally delivered having been approved by the Attorney General of the State of Texas and registered by the Comptroller of Public Accounts, as shown by the records of the Paying Agent/Registrar. The offices of the Paying Agent/Registrar in New York, New York, is the Designated Payment/Transfer Office for this Note. U. S. TRUST COMPANY OF TEXAS, N.A., as Paying Agent/Registrar Registration date: By Authorized Signature *NOTE TO PRINTER: Do Not Print on Definitive Notes E. Form of Assignment. ASSIGNMENT FOR VALUE RECEIVED the undersigned hereby sells, assigns, and transfers unto (Print or typewrite name, address, and zip code of transferee:) (Social Security or other identifying number: ............. .) the within Note and all rights thereunder, and hereby irrevocably constitutes and appoints ....:.:.... attorney to transfer the within Note on the books kept for registration thereof, with full power of substitution in the premises. DATED: .................. ........ NOTICE: The signature on this Signature guaranteed: thelgnameregistered t of must the correspondwith as it appears on the face of the within Note in every particular. F. The Initial Note(s) shall be in the form set forth in paragraph B of this Section except that the form of the single full re istered Initial Note shall be modified as follows. 0221659 -11- (i) immediately under the name of the note the headings "Interest Rate " and "Stated Maturity " shall both be omitted. (ii) Paragraph one shall read as follows: Registered Owner: Principal Amount: Dollars The City of Huntsville (hereinafter referred to as the "City"), a body corporate and municipal corporation in the County of Walker, State of Texas, for value received, acknowledges itself indebted to and hereby promises to pay to the order of the Registered Owner named above, or the registered assigns thereof, the Principal Amount hereinabove stated on January 15 in each of the years and in principal installments in accordance with the following schedule: YEAR OF PRINCIPAL INTEREST MATURITY INSTALLMENTS RATE (Information to be inserted from schedule in Section 2 hereof). (without right of prepayment prior to maturity) and to pay interest on the unpaid Principal Amount hereof from the Note Date at the per annum rates of interest specified above computed on the basis of a 360-day year of twelve 30-day months; such interest being payable on January 15 and July 15 in each year, commencing July 15, 1995. Principal installments of this Note are payable in the year of maturity to the registered owner hereof by U. S. Trust Company of Texas, N.A. (the "Paying Agent/Registrar"), upon presentation and surrender, at its offices in New York, New York (the "Designated Payment/Transfer Office"). Interest is payable to the registered owner of this Note whose name appears on the "Security Register" maintained by the Paying Agent/Registrar at the close of business on the "Record Date", which is the last business day of the month next preceding each interest payment date, and interest shall be paid by the Paying Agent/Registrar by check sent United States Mail, first class postage prepaid, to the address of the registered owner recorded in the Security Register or by such other method, acceptable to the Paying Agent/Registrar, requested by, and at the risk and expense of, the registered owner. All payments of principal of, premium, if any, and interest on this Note shall be without exchange or collection charges to the owner hereof and in any coin or currency of the United States of America which at the time of payment is legal tender for the payment of public and private debts. 0221659 -12- SECTION 10: Lew of Taxes. To provide for the payment of the "Debt Service Requirements" of the Notes, being (i) the interest on the Notes and (ii) a sinking fund for their redemption at maturity or a sinking fund of 2% (whichever amount is the greater), there is hereby levied, and there shall be annually assessed and collected in due time, form, and manner, a tax on all taxable property in the City, within the limitations prescribed by law, and such tax hereby levied on each one hundred dollars' valuation of taxable property in the City for the Debt Service Requirements of the Notes shall be at a rate from year to year as will be ample and sufficient to provide funds each year to pay the principal of and interest on said Notes while Outstanding; full allowance being made for delinquencies and costs of collection; separate books and records relating to the receipt and disbursement of taxes levied, assessed and collected for and on account of the Notes shall be kept and maintained by the City at all times while the Notes are Outstanding, and the taxes collected for the payment of the Debt Service Requirements on the Notes shall be deposited to the credit of a "Special 1995 Note Account" (the "Interest and Sinking Fund") maintained on the records of the City and deposited in a special fund maintained at an official depository of the City's funds; and such tax hereby levied, and to be assessed and collected annually, is hereby pledged to they payment of the Notes. Proper officers of the City are hereby authorized and directed to cause to be transferred to the Paying Agent/Registrar for the Notes, from funds on deposit in the Interest and Sinking Fund, amounts sufficient to fully pay and discharge promptly each installment of interest and principal of the Notes as the same accrues or matures; such transfers of funds to be made in such manner as will cause collected funds to be deposited with the Paying Agent/Registrar on or before each principal and interest payment date for the Notes. PROVIDED, HOWEVER, in regard to the payment to become due on the Notes on July 15, 1995, sufficient current funds, including earnings to be realized from the investment of the proceeds of sale of the Notes pending their expenditure for authorized purposes, will be available and are hereby appropriated to pay such payments; and proper officials of the City are hereby authorized and directed to transfer and deposit in the Interest and Sinking Fund such current funds (including earnings realized from the investment of the proceeds of sale of the Notes) which will be sufficient to fully pay the amounts due on the Notes on July 15, 1995. SECTION 11: Mutilated-Destroyed-Lost and Stolen Notes. In case any Note shall be mutilated, or destroyed, lost or stolen, the Paying Agent/Registrar may execute and deliver a replacement Note of like form and tenor, and in the same denomination and 0221659 -13- bearing a number not contemporaneously outstanding, in exchange and substitution for such mutilated Note, or in lieu of and in substitution for such destroyed, lost or stolen Note, only upon the approval of the City and after (i) the filing by the Holder thereof with the Paying Agent/Registrar of evidence satisfactory to the Paying Agent/Registrar of the destruction, loss or theft of such Note, and of the authenticity of the ownership thereof and (ii) the furnishing to the Paying Agent/Registrar of indemnification in an amount satisfactory to hold the City and the Paying Agent/Registrar harmless. All expenses and charges associated with such indemnity and with the preparation, execution and delivery of a replacement Note shall be borne by the Holder of the Note mutilated, or destroyed, lost or stolen. Every replacement Note issued pursuant to this Section shall be a valid and binding obligation, and shall be entitled to all the benefits of this Ordinance equally and ratably with all other Outstanding Notes; notwithstanding the enforceability of payment by anyone of the destroyed, lost, or stolen Notes. The provisions of this Section are exclusive and shall preclude (to the extent lawful) all other rights and remedies with , respect to the replacement and payment of mutilated, destroyed, lost or stolen Notes. SECTION 12: Satisfaction of Obligation of city. If the City shall pay or cause to be paid, or there shall otherwise be paid to the Holders, the principal of, premium, if any, and interest on the Notes, at the times and in the manner stipulated in this Ordinance, then the pledge of taxes levied under this Ordinance and all covenants, agreements, and other obligations of the City to the Holders shall thereupon cease, terminate, and be discharged and satisfied. Notes or any principal amount(s) thereof shall be deemed to have been paid within the meaning and with the effect expressed above in this Section when (i) money sufficient to pay in full such Notes or the principal amount(s) thereof at maturity, together with all interest due thereon, shall have been irrevocably deposited with and held in trust by the Paying Agent/Registrar, or an authorized escrow agent, or (ii) Government Securities shall have been irrevocably deposited in trust with the Paying Agent/Registrar, or an authorized escrow agent, which Government Securities have been certified by an independent accounting firm to mature as to principal and interest in such amounts and at such times as will insure the availability, without reinvestment, of sufficient money, together with any moneys deposited therewith, if any, to pay when due the principal of and interest on such Notes, or the principal amount(s) thereof, on and prior to the Stated Maturity thereof. The City covenants that no deposit of moneys or Government Securities will be made under this 0221659 -14- Section and no use made of any such deposit which would cause the Notes to be treated as "arbitrage bonds" within the meaning of Section 103(c) of the Internal Revenue Code of 1954, as amended, or regulations adopted pursuant thereto. Any moneys so deposited with the Paying Agent/ Registrar, or an authorized escrow agent, and all income from Government Securities held in trust by the Paying Agent/Registrar, or an authorized escrow agent, pursuant to this Section which is not required for the payment of the Notes, or any principal amount(s) thereof, or interest thereon with respect to which such moneys have been so deposited shall be remitted to the City or deposited as directed by the City. Furthermore, any money held by the Paying Agent/Registrar for the payment of the principal of and interest on the Notes and remaining unclaimed for a period of four (4) years after the Stated Maturity of the Notes such moneys were deposited and are held in trust to pay shall upon the request of the City be remitted to the City against a written receipt therefor. Notwithstanding the above and foregoing, any remittance of funds from the Paying Agent/Registrar to the City shall be subject to any applicable unclaimed property laws of the State of Texas. The term "Government Securities", as used herein, means direct obligations of, or obligations the principal of and interest on which are unconditionally guaranteed by, the United States of America, which are non-callable prior to the respective Stated Maturities of the Notes and may be United States Treasury Obligations such as the State and Local Government Series and may be in book-entry form. SECTION 13: Ordinance a Contract - Amendments - Outstanding Notes. This Ordinance shall constitute a contract with the Holders from time to time, be binding on the City, and shall not be amended or repealed by the City so long as any Note remains Outstanding except as permitted in this Section. The City may, without the consent of or notice to any Holders, from time to time and at any time, amend this Ordinance in any manner not detrimental to the interests of the Holders, including the curing of any ambiguity, inconsistency, or formal defect or omission herein. In addition, the City may, with the consent of Holders holding a majority in aggregate principal amount of the Notes then Outstanding affected thereby, amend, add to, or rescind any of the provisions of this Ordinance; provided that, without the consent of all Holders of Outstanding Notes, no such amendment, addition, or rescission shall (1) extend the time or times of payment of the principal of, premium, if any, and interest on the Notes, reduce the principal amount thereof, or the rate of interest thereon, or in any other way modify the terms of payment of the principal of, premium, if any, or interest on the Notes, (2) give any preference to any Note over any other Note, or (3) reduce the aggregate 0221659 -15- principal amount of Notes required to be held by Holders for consent to any such amendment, addition, or rescission. The term "Outstanding" when used in this Ordinance with respect to Notes means, as of the date of determination, all Notes theretofore issued and delivered under this ordinance, except: (1) those Notes cancelled by the Paying Agent/Registrar or delivered to the Paying Agent/Registrar for cancellation; (2) those Notes deemed to be duly paid by the City in accordance with the provisions of Section 12 hereof; and (3) those mutilated, destroyed, lost, or stolen Notes which have been replaced with Notes registered and delivered in lieu thereof as provided in Section 11 hereof. SECTION 14: Covenants to Maintain Tax-Exempt Status. (a) Definitions. When used in this Section 14, the following terms have the following meanings: "Closing Date" means the date on which the Notes are first authenticated and delivered to the initial purchasers against payment therefor. "Code" means the Internal Revenue Code of 1986, as amended by all legislation, if any, effective on or before the Closing Date. "Computation Date" has the meaning set forth in Section 1.148-1(b) of the Regulations. "Gross.Proceeds" means any proceeds as defined in Section 1.148-1(b) of the Regulations, and any replacement proceeds as defined in Section 1.148-1(c) of the Regulations, of the Notes. "Investment" has the meaning set forth in Section 1.148-1(b) of the Regulations. "Nonpurpose Investment" means any investment property, as defined in section 148(b) of the Code, in which Gross Proceeds of the Notes are invested and which is not acquired to carry out the governmental purposes of the Notes. "Rebate Amount" has the meaning set forth in Section 1.148-1(b) of the Regulations. 0221659 -16- "Regulations" means any proposed, temporary, or final Income Tax Regulations issued pursuant to Sections 103 and 141 through 150 of the Code, and 103 of the Internal Revenue Code of 1954, which are applicable to the Notes. Any reference to any specific Regulation shall also mean, as appropriate, any proposed, temporary or final Income Tax Regulation designed to supplement, amend or replace the specific Regulation referenced. "Yield" of (1) any Investment has the meaning set forth in Section 1.148-5 of the Regulations and (2) the Notes has the meaning set forth in Section 1.148-4 of the Regulations. (b) Not to Cause Interest to Become Taxable. The City shall not use, permit the use of, or omit to use Gross Proceeds or any other amounts (or any property the acquisition, construction or improvement of which is to be financed directly or indirectly with Gross Proceeds) in a manner which if made or omitted, respectively, would cause the interest on any Note to become includable in the gross income, as defined in section 61 of the Code, of the owner thereof for federal income tax purposes. without limiting the generality of the foregoing, unless and until the City receives a written opinion of counsel nationally recognized in the field of municipal bond law to the effect that failure to comply with such covenant will not adversely affect the exemption from federal income tax of the interest on any Note, the City shall comply with each of the specific covenants in this Section. (c) No Private Use or Private Payments. Except as permitted by section 141 of the Code and the Regulations and rulings thereunder, the City shall at all times prior to the last Stated Maturity of Notes: (1) exclusively own, operate and possess all property the acquisition, construction or improvement of which is to be financed or refinanced directly or indirectly with Gross Proceeds of the Notes, and not use or permit the use of such Gross Proceeds (including all contractual arrangements with terms different than those applicable to the general public) or any property acquired, constructed or improved with such Gross Proceeds in any activity carried on by any person or entity (including the United States or any agency, department and instrumentality thereof) other than a state or local government, unless such use is solely as a member of the general public; and (2) not directly or indirectly impose or accept any charge or other payment by any person or entity who 0221659 -17- is treated as using Gross Proceeds of the Notes or any property the acquisition, construction or improvement of which is to be financed or refinanced directly or indirectly with such Gross Proceeds, other than taxes of general application within the City or interest earned on investments acquired with such Gross Proceeds pending application for their intended purposes. (d) No Private Loan. Except to the extent permitted by section 141 of the Code and the Regulations and rulings thereunder, the City shall not use Gross Proceeds of the Notes to make or finance loans to any person or entity other than a state or local government. For purposes of the foregoing covenant, such Gross Proceeds are considered to be "loaned" to a person or entity if: (1) property acquired, constructed or improved with such Gross Proceeds is sold or leased to such person or entity in a transaction which creates a debt for federal income tax purposes; (2) capacity in or service from such property is committed to such person or entity under a take-or-pay, output or similar contract or arrangement; or (3) indirect benefits, or burdens and benefits of ownership, of such Gross Proceeds or any property acquired, constructed or improved with such Gross Proceeds are otherwise transferred in a transaction which is the economic equivalent of a loan. (e) Not to Invest at Higher Yield. Except to the extent permitted by section 148 of the Code and the Regulations and rulings thereunder, the City shall not at any time prior to the final Stated Maturity of the Notes directly or indirectly invest Gross Proceeds in any Investment (or use Gross Proceeds to replace money so invested), if as a result of such investment the Yield from the Closing Date of all Investments acquired with Gross Proceeds (or with money replaced thereby), whether then held or previously disposed of, exceeds the Yield of the Notes. (f) Not Federally Guaranteed. Except to the extent permitted by section 149(b) of the Code and the Regulations and rulings thereunder, the City shall not take or omit to take any action which would cause the Notes to be federally guaranteed within the meaning of section 149(b) of the Code and the Regulations and rulings thereunder. (g) Information Report. The City shall timely file the information required by section 149(e) of the Code with the Secretary of the Treasury on Form 8038-G or such other form and in such place as the Secretary may prescribe. (h) No Rebate Required. The City warrants and represents that it satisfies the requirements of paragraph (2) and (3) of section 148(f) of the Code with respect to the Notes without 0221659 -18- making the payments for the United States described in such section. Specifically, the City warrants and represents that (1) the City is a governmental unit with general taxing powers; (2) at least 95% of the Gross Proceeds of the Notes will be used for the local governmental activities of the City; (3) the aggregate face amount of all tax-exempt obligations issued or expected to be issued by the City (and all subordinate entities thereof) in the calendar year in which the Notes are issued is not reasonably expected to exceed $5,000,000. PROVIDED, HOWEVER, should additional tax exempt obligations be issued or incurred, including lease purchase financings, in the 1995 calendar year which would cause the total face amount of tax exempt obligations issued and incurred in such calendar year to exceed $5,000,000, the City agrees and covenants that it will maintain complete records regarding the investments of the proceeds of sale of the Notes and rebate any "arbitrage profits" to the United States as required by Section 148(f) of the Code. (i) Elections. The City hereby directs and authorizes the Mayor, City Manager, Director of Finance and City Secretary, individually or jointly, to make elections permitted or required pursuant to the provisions of the Code or the Regulations, as they deem necessary or appropriate in connection with the Notes, in the Certificate as to Tax Exemption or similar or other appropriate certificate, form or document. SECTION 15: Sale of the Notes. Pursuant to a public sale for the Notes, the bid submitted by First Southwest Company and Stephens Inc., joint managers (herein referred to as the "Purchasers") is declared to be the best bid received producing the lowest net effective interest cost to the City, and the sale of the Notes to said Purchasers at the price of par and accrued interest to the date of delivery, plus a premium of $-0-, is hereby approved and confirmed. Delivery of the Notes to the Purchasers shall occur as soon as possible upon payment being made therefor in accordance with the terms of sale. SECTION 16: Oualified Tax Exempt Obligations. In accordance with the provisions of paragraph (3) of subsection (b) of Section 265 of the Code, the City hereby designates the Notes to be "qualified tax exempt obligations" in that the Notes are not "private activity bonds" as defined in the Code and the reasonably anticipated amount of "qualified tax exempt obligations" to be 0221659 _19- issued by the City (including all subordinate entities of the City) for the calendar year 1995 will not exceed $10,000,000. SECTION 17: Official Statement. The Official Statement, together with all amendments and supplements thereto issued on behalf of the City, prepared in the initial offering and sale of the Notes by the City is hereby approved as to form and content and the City Council hereby finds that the information and data contained in said official Statement pertaining to the City and its financial affairs is true and correct in all material respects and no material facts have been omitted therefrom which are necessary to make the statements therein, in light of the circumstances under which they were made, not misleading. The use of such official Statement in the reoffering of the Notes by the Purchasers is hereby approved and authorized. SECTION 18: Control and Custody of Notes. The Mayor of the City shall be and is hereby authorized to take and have charge of all necessary orders and records pending investigation by the Attorney General of the State of Texas, including the printing and supply of definitive Notes, and shall take and have charge and control of the Initial Note(s) pending the approval thereof by the, Attorney General, the registration thereof by the Comptroller of ' Public Accounts and the delivery thereof to the initial purchasers. Furthermore, the Mayor, City Secretary, City Manager and Director of Finance, any one or more of said officials, are hereby authorized and directed to furnish and execute such documents and certifications relating to the City and the issuance of the Notes, including certifications as to facts, estimates, circumstances and reasonable expectations pertaining to the use, expenditure, and investment of the proceeds of the Notes, as may be necessary for the approval of the Attorney General, the registration by the Comptroller of Public Accounts and the delivery of the Notes to the purchasers, and, together with the City's financial advisor, bond counsel and the Paying Agent/Registrar, make the necessary arrangements for the delivery of the Initial Note(s) to the purchasers and the initial exchange thereof for definitive Notes. SECTION 19: Proceeds of Sale. The proceeds of sale of the Notes, excluding the accrued interest and premium, if any, received from the purchasers, shall be deposited in a construction fund maintained at the City's depository bank. Pending expenditure for authorized projects and purposes, such proceeds of sale may be invested in authorized investments and any investment earnings realized shall be expended for such authorized projects and purposes or deposited in the Interest and Sinking Fund as shall be determined by the City Council. Accrued interest and premium, if any, received from the sale of the Notes and any excess note proceeds, including investment earnings, remaining 0221659 -20- after completion of all authorized projects or purposes shall be deposited to the credit of the Interest and Sinking Fund. SECTION 20: Notices to Holders-Waiver. Wherever this Ordinance provides for notice to Holders of any event, such notice shall be sufficiently given (unless otherwise herein expressly provided) if in writing and sent by United States Mail, first class postage prepaid, to the address of each Holder appearing in the Security Register at the close of business on the business day next preceding the mailing of such notice. In any case where notice to Holders is given by mail, neither the failure to mail such notice to any particular Holders, nor any defect in any notice so mailed, shall affect the sufficiency of such notice with respect to all other Notes. Where this Ordinance provides for notice in any manner, such notice may be waived in writing by the Holder entitled to receive such notice, either before or after the event with respect to which such notice is given, and such waiver shall be the equivalent of such notice. Waivers of notice by Holders shall be filed with the Paying Agent/Registrar, but such filing shall not be a condition precedent to the validity of any action taken in reliance upon such waiver. SECTION 21: Cancellation. All Notes surrendered for payment, transfer, exchange, or replacement, if surrendered to the Paying Agent/Registrar, shall be promptly cancelled by it and, if surrendered to the City, shall be delivered to the Paying Agent/Registrar and, if not already cancelled, shall be promptly cancelled by the Paying Agent/Registrar. The City may at any time deliver to the Paying Agent/Registrar for cancellation any Notes previously certified or registered and delivered which the City may have acquired in any manner whatsoever, and all Notes so delivered shall be promptly cancelled by the Paying Agent/Registrar. All cancelled Notes held by the Paying Agent/Registrar shall be returned to the City. SECTION 22: Legal Opinion. The obligation of the Purchasers to accept delivery of the Notes is subject to being furnished a final opinion of Fulbright & Jaworski L.L.P., Attorneys, Dallas, Texas, approving such Notes as to their validity, said opinion to be dated and delivered as of the date of delivery and payment for such Notes. A true and correct reproduction of said opinion or an executed counterpart thereof is hereby authorized to be either printed on definitive printed obligations or deposited with DTC along with the global certificates for the implementation and use of the Book Entry Only System used in the settlement and transfer of the Notes. SECTION 23: CUSIP Numbers. CUSIP numbers may be printed or typed on the definitive Notes. It is expressly provided, 0221659 -21- however, that the presence or absence of CUSIP numbers on the definitive Notes shall be of no significance or effect as regards the legality thereof and neither the City nor attorneys approving the Notes as to legality are to be held responsible for CUSIP numbers incorrectly printed or typed on the definitive Notes. SECTION 24: Benefits of Ordinance. Nothing in this Ordinance, expressed or implied, is intended or shall be construed to confer upon any person other than the City, the Paying Agent/Registrar and the Holders, any right, remedy, or claim, legal or equitable, under or by reason of this Ordinance or any provision hereof, this Ordinance and all its provisions being intended to be and being for the sole and exclusive benefit of the City, the Paying Agent/Registrar and the Holders. SECTION 25: Inconsistent Provisions. All ordinances, orders or resolutions, or parts thereof, which are in conflict or inconsistent with any provision of this Ordinance are hereby repealed to the extent of such conflict, and the provisions of this Ordinance shall be and remain controlling as to the matters contained herein. SECTION 26: Governing Law. This Ordinance shall bei construed and enforced in accordance with the laws of the State of Texas and the United States of America. SECTION 27: Effect of Headings. The Section headings herein are for convenience only and shall not affect the construction hereof. SECTION 28: Construction of Terms. If appropriate in the context of this Ordinance, words of the singular number shall be considered to include the plural, words of the plural number shall be considered to include the singular, and words of the masculine, feminine or neuter gender shall be considered to include the other genders. SECTION 29: Severability. If any provision of this Ordinance or the application thereof to any circumstance shall be held to be invalid, the remainder of this Ordinance and the application thereof to other circumstances shall nevertheless be valid, and the City Council hereby declares that this Ordinance would have been enacted without such invalid provision. SECTION 30: Public Meeting. It is officially found, determined, and declared that the meeting at which this Ordinance is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Ordinance, was given, all as required by V.T.C.A., Government Code, Chapter 551. 0221659 -22- SECTION 40: Effective Date. This Ordinance shall take effect and be in force immediately from and after its adoption, and it is so ordained. PASSED AND ADOPTED, this January 24, 1995. C/ITY] OF HUNTSVIL E, TEXAS 1/v Mayor ATTET• City Secretary (City Seal) APPIVED: Ci A t ney 0221659 -23 EXHIBIT A 1 PAYING AGENT/REGISTRAR AGREEMENT THIS AGREEMENT entered into as of January 24, 1995 (this "Agreement"), by and between the City of Huntsville, Texas (the "Issuer"), and U. S. Trust Company of Texas, N.A., a banking association duly organized and existing under the laws of the United States of America, (the "Bank"). RECITALS WHEREAS, the Issuer has duly authorized and provided for the issuance of its "City of Huntsville, Texas, Tax Notes, Series 1995" (the "Notes") in the aggregate principal amount of $1,420,000, such Notes to be issued in fully registered form only as to the payment of principal and interest thereon; and WHEREAS, the Notes are scheduled to be delivered to the initial purchasers on or about February 21, 1995; and WHEREAS, the Issuer has selected the Bank to serve as Paying Agent/Registrar in connection with the payment of the principal of, premium, if any, and interest on said Notes and with respect to the registration, transfer and exchange thereof by the registered owners thereof; and WHEREAS, the Bank has agreed to serve in such capacities for and on behalf of the Issuer and has full power and authority to perform and serve as Paying Agent/Registrar for the Notes; NOW, THEREFORE, it is mutually agreed as follows: ARTICLE ONE APPOINTMENT OF BANK AS PAYING AGENT AND REGISTRAR Section 1.01. Appointment. The Issuer hereby appoints the Bank to serve as Paying Agent with respect to the Notes, and, as Paying Agent for the Notes, the Bank shall be responsible for paying on behalf of the Issuer the principal, premium (if any), and interest on the Notes as the same become due and payable to the registered owners thereof; all in accordance with this Agreement and the "Note Resolution" (hereinafter defined). The Issuer hereby appoints the Bank as Registrar with respect to the Notes and, as Registrar for the Notes, the Bank shall keep and maintain for and on behalf of the Issuer books and records as to the ownership of said Notes and with respect to the transfer and exchange thereof as provided herein and in the "Note Resolution". 0223739 The Bank hereby accepts its appointment, and agrees to serve as the Paying Agent and Registrar for the Notes. Section 1.02. compensation. As compensation for the Bank's services as Paying Agent/Registrar, the Issuer hereby agrees to pay the Bank the fees and amounts set forth in Annex A attached hereto for the first year of this Agreement and thereafter the fees and amounts set forth in the Bank's current fee schedule then in effect for services as Paying Agent/Registrar for municipalities, which shall be supplied to the Issuer on or before 90 days prior to the close of the Fiscal Year of the Issuer, and shall be effective upon the first day of the following Fiscal Year. In addition, the Issuer agrees to reimburse the Bank upon its request for all reasonable expenses, disbursements and advances incurred or made by the Bank in accordance with any of the provisions hereof (including the reasonable compensation and the expenses and disbursements of its agents and counsel). ARTICLE TWO DEFINITIONS Section 2.01. Definitions. For all purposes of this Agreement, except as otherwise expressly provided or unless the context otherwise requires: "Acceleration Date" on any Note means the date on and after which the principal or any or all installments of interest, or both, are due and payable on any Note which has become accelerated pursuant to the terms of the Note. "Bank office" means the offices of the Bank located in New York, New York at the address appearing in Section 3.01 hereof. The Bank will notify the Issuer in writing of any change in location of the Bank Office. "Fiscal Year" means the fiscal year of the Issuer, ending September 30th. "Holder" and "Note Holder" each means the Person in whose name a Note is registered in the Note Register. "Issuer Request" and "Issuer Order" means a written request or order signed in the name of the Issuer by the Mayor, City Secretary, City Manager and Director of Finance, any one or more of said officials, and delivered to the Bank. 0223739 -2- EXHIBIT A "Legal Holiday" means a day on which the Bank is required or authorized to be closed. "Person" means any individual, corporation, partnership, joint venture, association, joint stock company, trust, unincorporated organization or government or any agency or political subdivision of a government. "Predecessor Notes" of any particular Note means every previous Note evidencing all or a portion of the same obligation as that evidenced by such particular Note (and, for the purposes of this definition, any mutilated, lost, destroyed, or stolen Note for which a replacement Note has been registered and delivered in lieu thereof pursuant to Section 4.06 hereof and the Resolution). "Note Resolution" means the resolution, order, or ordinance of the governing body of the Issuer pursuant to which the Notes are issued, certified by the Secretary or any other officer of the Issuer and delivered to the Bank. "Note Register" means a register maintained by the Bank on behalf of the Issuer providing for the registration and transfers of Notes. "Redemption Date" when used with respect to any Note to be redeemed means the date fixed for such redemption pursuant to the terms of the Note Resolution. "Responsible Officer" when used with respect to the Bank means the Chairman or Vice-Chairman of the Board of Directors, the Chairman or Vice-Chairman of the Executive Committee of the Board of Directors, the President, any Vice President, the Secretary, any Assistant Secretary, the Treasurer, any Assistant Treasurer, the Cashier, any Assistant Cashier, any Trust Officer or Assistant Trust Officer, or any other officer of the Bank customarily performing functions similar to those performed by any of the above designated officers and also means, with respect to a particular corporate trust matter, any other officer to whom such matter is referred because of his knowledge of and familiarity with the particular subject. "Stated Maturity" means the date specified in the Note Resolution the principal of a Note is scheduled to be due and payable. Section 2.02. Other Definitions. The terms "Bank," "Issuer," and "Notes (Note)" have the meanings assigned to them in the recital paragraphs of this Agreement. 0223739 -3- EXHINT A The term "Paying Agent/Registrar" refers to the Bank in the performance of the duties and functions of this Agreement. ARTICLE THREE PAYING AGENT Section 3.01. Duties of Paving Agent. As Paying Agent, the Bank shall, provided adequate collected funds have been provided to it for such purpose by or on behalf of the Issuer, pay on behalf of the Issuer the principal of each Note at its Stated Maturity, Redemption Date, or Acceleration Date, to the Holder upon surrender of the Note to the Bank at the following offices: By Hand: By Mail: U. S. Trust Company U. S. Trust Company of Texas, N.A. of Texas, N.A. 65 Beaver Street P. O. Box 844 Lower Level Cooper Station New York, New York 10005 New York, New York 10276 As Paying Agent, the Bank shall, provided adequate collected funds have been provided to it for such purpose by or on behalf of the Issuer, pay on behalf of the Issuer the interest on each Note when due, by computing the amount of interest to be paid each Holder and making payment thereof to the Holders of the Notes (or their Predecessor Notes) on the Record Date. All payments of principal and/or interest on the Notes to the registered owners shall be accomplished (1) by the issuance of checks, payable to the registered owners, drawn on the fiduciary account provided in Section 5.05 hereof, sent by United States mail, first class, postage prepaid, to the address appearing on the Note Register or (2) by such other method, acceptable to the Bank, requested in writing by the Holder at the Holder's risk and expense. Section 3.02. Payment Dates. The Issuer hereby instructs the Bank to pay the principal of and interest on the Notes at the dates specified in the Note Resolution. ARTICLE FOUR REGISTRAR Section 4.01. Note Register - Transfers and Exchanges. The Bank agrees to keep and maintain for and on behalf of the Issuer at the Bank Office books and records (herein sometimes referred to as the "Note Register") for recording the names and addresses of the Holders of the Notes, the transfer, exchange and replacement of the Notes and the payment of the principal of and interest on the Notes to the Holders and containing such other information as may be reasonably required by the Issuer and subject to such reasonable regulations as the Issuer and Bank may prescribe. All 0223739 -4 A transfers, exchanges and replacement of Securities shall be noted in the Note Register. The Bank represents and warrants its office in Dallas, Texas will at all times have immediate access to the Note Register by electronic or other means and will be capable at all times of producing a hard copy of the Note Register at its Dallas office for use by the Issuer. All transfers, exchanges and replacement of Notes shall be noted in the Note Register. Every Note surrendered for transfer or exchange shall be duly endorsed or be accompanied by a written instrument of transfer, the signature on which has been guaranteed by an officer of a federal or state bank or a member of the National Association of Notes Dealers, in form satisfactory to the Bank, duly executed by the Holder thereof or his agent duly authorized in writing. The Bank may request any supporting documentation it feels necessary to effect a re-registration, transfer or exchange of the Notes. To the extent possible and under reasonable circumstances, the Bank agrees that, in relation to an exchange or transfer of Notes, the exchange or transfer by the Holders thereof will be , completed and new Notes delivered to the Holder or the assignee of ' the Holder in not more than three (3) business days after the receipt of the Notes to be cancelled in an exchange or transfer and the written instrument of transfer or request for exchange duly executed by the Holder, or his duly authorized agent, in form and manner satisfactory to the Paying Agent/Registrar. Section 4.02. Certificates. The Issuer shall provide an adequate inventory of printed Notes to facilitate transfers or exchanges thereof. The Bank covenants that the inventory of printed Notes will be kept in safekeeping pending their use and reasonable care will be exercised by the Bank in maintaining such Notes in safekeeping, which shall be not less than the care maintained by the Bank for debt securities of other governments or corporations for which it serves as registrar, or that is maintained for its own securities. Section 4.03. Form of Note Register. The Bank, as Registrar, will maintain the Note Register relating to the registration, payment, transfer and exchange of the Notes in accordance with the Bank's general practices and procedures in effect from time to time. The Bank shall not be obligated to maintain such Note Register in any form other than those which the Bank has currently available and currently utilizes at the time. The Note Register may be maintained in written form or in any other form capable of being converted into written form within a reasonable time. 0223739 -5- EXHIBIT A � Section 4.04. List of Note Holders. The Bank will provide the Issuer at any time requested by the Issuer, upon payment of the required fee, a copy of the information contained in the Note Register. The Issuer may also inspect the information contained in the Note Register at any time the Bank is customarily open for business, provided that reasonable time is allowed the Bank to provide an up-to-date listing or to convert the information into written form. The Bank will not release or disclose the contents of the Note Register to any person other than to, or at the written request of, an authorized officer or employee of the Issuer, except upon receipt of a court order or as otherwise required by law. Upon receipt of a court order and prior to the release or disclosure of the contents of the Note Register, the Bank will notify the Issuer so that the Issuer may contest the court order or such release or disclosure of the contents of the Note Register. Section 4.05. Return of Cancelled Certificates. The Bank will, at such reasonable intervals as it determines, surrender to the Issuer, Notes in lieu of which or in exchange for which other Notes have been issued, or which have been paid. Section 4.06. Mutilated. Destroyed Lost or Stolen Securi ties. The Issuer hereby instructs the Bank, subject to the provisions of Section 11 of the Note Resolution, to deliver and issue Notes in exchange for or in lieu of mutilated, destroyed, lost, or stolen Notes as long as the same does not result in an overissuance. In case any Note shall be mutilated, or destroyed, lost or stolen, the Bank may execute and deliver a replacement Note of like form and tenor, and in the same denomination and bearing a number not contemporaneously outstanding, in exchange and substitution for such mutilated Note, or in lieu of and in substitution for such destroyed lost or stolen Note, only upon the approval of the Issuer and after (i) the filing by the Holder thereof with the Bank of evidence satisfactory to the Bank of the destruction, loss or theft of such Note, and of the authenticity of the ownership thereof and (ii) the furnishing to the Bank of indemnification in an amount satisfactory to hold the Issuer and the Bank harmless. All expenses and charges associated with such indemnity and with the preparation, execution and delivery of a replacement Note shall be borne by the Holder of the Note mutilated, or destroyed, lost or stolen. Section 4.07. Transaction Information to Issuer. The Bank will, within a reasonable time after receipt of written request from the Issuer, furnish the Issuer information as to the Notes it has paid pursuant to Section 3.01, Notes it has delivered upon the 0223739 -6- ,Ei\t*1031! A transfer or exchange of any Notes pursuant to Section 4.01, and Notes it has delivered in exchange for or in lieu of mutilated, destroyed, lost, or stolen Notes pursuant to Section 4.06. ARTICLE FIVE THE BANK Section 5.01. Duties of Bank. The Bank undertakes to perform the duties set forth herein and agrees to use reasonable care in the performance thereof. Section 5.02. Reliance on Documents. Etc. (a) The Bank may conclusively rely, as to the truth of the statements and correctness of the opinions expressed therein, on certificates or opinions furnished to the Bank. (b) The Bank shall not be liable for any error of judgment made in good faith by a Responsible Officer, unless it shall be proved that the Bank was negligent in ascertaining the pertinent facts. (c) No provisions of this Agreement shall require the Bank , to expend or risk its own funds or otherwise incur any financial liability for performance of any of its duties hereunder, or in the exercise of any of its rights or powers, if it shall have reasonable grounds for believing that repayment of such funds or adequate indemnity satisfactory to it against such risks or liability is not assured to it. (d) The Bank may rely and shall be protected in acting or refraining from acting upon any resolution, certificate, statement, instrument, opinion, report, notice, request, direction, consent, order, bond, note, security, or other paper or document believed by it to be genuine and to have been signed or presented by the proper party or parties. Without limiting the generality of the foregoing statement, the Bank need not examine the ownership of any Notes, but is protected in acting upon receipt of Notes containing an endorsement or instruction of transfer or power of transfer which appears on its face to be signed by the Holder or an agent of the Holder. The Bank shall not be bound to make any investigation into the facts or matters stated in a resolution, certificate, statement, instrument, opinion, report, notice, request, direction, consent, order, bond, note, security, or other paper or document supplied by Issuer. (e) The Bank may consult with counsel, and the written advice of such counsel or any opinion of counsel shall be full and complete authorization and protection with respect to any action taken, suffered, or omitted by it hereunder in good faith and in reliance thereon. 0223739 -7 EXHIBIT A i Debt Service Requirements Less: Self- Supporting Year W&S and %of End Outstanding Debt"' The Tax Ngt.0 Sanitation Grand Total Principal 9-30 Principal Interest Total Principal Interest Total Obligations Requirements Retired 1995 S 635,000 $ 566,411 $ 1,201,411 $ $ 42,600 $ 42,600 S 684,528 S 559,482 1996 665,000 525,224 1,190,224 170,000 80,100 250,100 847,587 592,737 1997 740,000 483,044 1,223,044 180,000 69,600 249,600 846,308 626,376 M 1998 760,000 479,430 1,199,430 190,000 58,500 248,500 843,954 603,976 X 1999 815,000 393,651 1,208,651 200,000 46,800 246,800 845,990 609,460 38.92% _ 2000 790,000 346,486 1,136,486 215,000 34,350 249,350 744,977 640,859 2001 825,000 298,727 1,123,727 225,000 21,150 246,150 751,988 617,889 -f 2002 570,000 523,229 1,093,229 240,000 7,200 247,200 555,814 784,615 2003 655,000 488,934 1,143,934 553,994 589,940 2004 945,000 176,971 1,121,971 556,289 565,682 78.82% 2005 555,000 129,751 684,751 455,126 229,625 2006 610,000 93,857 703,857 290,483 413,375 2007 600,000 56,095 656,095 217,095 439,000 2008 500,000 21,630 521,630 108,630 413,000 2009 105,000 2,940 107.940 107.940 0 100.00% 9000q5 ,5 . 46777 14 716 777 S 1,420,000 760 300 1 780 300 f 8,410.702 L_1_05,975 (f) The Bank may exercise any of the powers hereunder and perform any duties hereunder either directly or by or through agents or attorneys of the Bank. Section 5.03. Recitals of Issuer. The recitals contained herein with respect to the Issuer and in the Notes shall be taken as the statements of the Issuer, and the Bank assumes no responsibility for their correctness. The Bank shall in no event be liable to the Issuer, any Holder or Holders of any Note, or any other Person for any amount due on any Note from its own funds. Section 5.04. May Hold Notes. The Bank, in its individual or any other capacity, may become the owner or pledgee of Notes and may otherwise deal with the Issuer with the same rights it would have if it were not the Paying Agent/Registrar, or any other agent. Section 5.05. Moneys Held by Bank - Fiduciary Account/ Collateralization. A fiduciary account shall at all times be kept and maintained by the Bank for the receipt, safekeeping and . disbursement of moneys received from the Issuer hereunder for the payment of the Notes, and money deposited to the credit of such account until paid to the Holders of the Notes shall be continuously collateralized by securities or obligations which qualify and are eligible under both the laws of the State of Texas and the laws of the United States of America to secure and be pledged as collateral for fiduciary accounts to the extent such money is not insured by the Federal Deposit Insurance Corporation. Payments made from such fiduciary account shall be made by check drawn on such fiduciary account unless the owner of such Notes shall, at its own expense and risk, request such other medium of payment. The Bank shall be under no liability for interest on any money received by it hereunder. Subject to the applicable unclaimed property laws of the State of Texas, any money deposited with the Bank for the payment of the principal, premium (if any), or interest on any Note and remaining unclaimed for four years after final maturity of the Note has become due and payable will be paid by the Bank to the Issuer, and the Holder of such Note shall thereafter look only to the Issuer for payment thereof, and all liability of the Bank with respect to such moneys shall thereupon cease. Section 5.06. Indemnification. To the extent permitted by law, the Issuer agrees to indemnify the Bank for, and hold it harmless against, any loss, liability, or expense incurred without negligence or bad faith on its part, arising out of or in 0223739 -g EXHIBIT A connection with its acceptance or administration of its duties hereunder, including the cost and expense against any claim or liability in connection with the exercise or performance of any of its powers or duties under this Agreement. Section 5.07. Interpleader. The Issuer and the Bank agree that the Bank may seek adjudication of any adverse claim, demand, or controversy over its person as well as funds on deposit, in either a Federal or State District Court located in the State and County where either the Bank Office or the administrative offices of the Issuer is located, and agree that service of process by certified or registered mail, return receipt requested, to the address referred to in Section 6.03 of this Agreement shall constitute adequate service. The Issuer and the Bank further agree that the Bank has the right to file a Bill of Interpleader in any court of competent jurisdiction to determine the rights of any Person claiming any interest herein. Section 5.08. DT Services. It is hereby represented and warranted that, in the event the Notes are otherwise qualified and accepted for "Depository Trust Company" services or equivalent depository trust services by other organizations, the Bank has the. capability and, to the extent within its control, will comply with the "Operational Arrangements", effective August 1, 1987, which establishes requirements for securities to be eligible for such type depository trust services, including, but not limited to, requirements for the timeliness of payments and funds availability, transfer turnaround time, and notification of redemptions and calls. ARTICLE SIX MISCELLANEOUS PROVISIONS Section 6.01. Amendment. This Agreement maybe amended only by an agreement in writing signed by both of the parties hereto. Section 6.02. Assignment. This Agreement may not be assigned by either party without the prior written consent of the other. Section 6.03. Notices. Any request, demand, authorization, direction, notice, consent, waiver, or other document provided or permitted hereby to be given or furnished to the Issuer or the Bank shall be mailed or delivered to the Issuer or the Bank, respectively, at the addresses shown on page 11. Section 6.04. Effect of Headings. The Article and Section headings herein are for convenience only and shall not affect the construction hereof. 0223739 -9- EXHIBIT A Section 6.05. Successors and Assigns. All covenants and agreements herein by the Issuer shall bind its successors and assigns, whether so expressed or not. Section 6.06. Severability. In case any provision herein shall be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not in any way be affected or impaired thereby. Section 6.07. Benefits of Agreement. Nothing herein, express or implied, shall give to any Person, other than the parties hereto and their successors hereunder, any benefit or any legal or equitable right, remedy, or claim hereunder. Section 6.08. Entire Agreement. This Agreement and the Note Resolution constitute the entire agreement between the parties hereto relative to the Bank acting as Paying Agent/Registrar and if any conflict exists between this Agreement and the Note Resolution, the Note Resolution shall govern. Section 6.09. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original and all of which shall constitute one and the same Agreement. Section 6.10. Termination. This Agreement will terminate (i) on the date of final payment of the principal of and interest on the Notes to the Holders thereof or (ii) may be earlier terminated by either party upon sixty (60) days written notice; provided, however, an early termination of this Agreement by either party shall not be effective until (a) a successor Paying Agent/Registrar has been appointed by the Issuer and such appointment accepted and (b) notice given to the Holders of the Notes of the appointment of a successor Paying Agent/Registrar. Furthermore, the Bank and Issuer mutually agree that the effective date of an early termination of this Agreement shall not occur at any time which would disrupt, delay or otherwise adversely affect the payment of the Notes. Upon an early termination of this Agreement, the Bank agrees to promptly transfer and deliver the Note Register (or a copy thereof), together with other pertinent books and records relating to the Notes, to the successor Paying Agent/Registrar designated and appointed by the Issuer. The provisions of Section 1.02 and of Article Five shall survive and remain in full force and effect following the termination of this Agreement. 0223739 -10- EXHwff A Section 6.11. Governing Law. This Agreement shall be construed in accordance with and governed by the laws of the State of Texas. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written. U. S. TRUST COMPANY OF TEXAS, N.A., Dallas, Texas BY Title: [SEAL] Attest: Address: 500 North Akard Title: Dallas, Texas 75201-4222 CITY OF HUNTSVILLE, TEXAS BY (CITY SEAL) Mayor Address: 1212 Avenue M Attest: Huntsville, texas 77340 City Secretary 0223739 -11- PAYING AGENT/REGISTRAR AGREEMENT THIS AGREEMENT entered into as of January 24, 1995 (this "Agreement"), by and between the City of Huntsville, Texas (the "Issuer"), and U. S. Trust Company of Texas, N.A., a banking association duly organized and existing under the laws of the United States of America, (the "Bank"). RECITALS WHEREAS, the Issuer has duly authorized and provided for the issuance of its "City of Huntsville, Texas, Tax Notes, Series 1995" (the "Notes") in the aggregate principal amount of $1,420,000, such Notes to be issued in fully registered form only as to the payment of principal and interest thereon; and WHEREAS, the Notes are scheduled to be delivered to the initial purchasers on or about February 21, 1995; and WHEREAS, the Issuer has selected the Bank to serve as Paying Agent/Registrar in connection with the payment of the principal of, premium, if any, and interest on said Notes and with respect to the registration, transfer and exchange thereof by the registered owners thereof; and WHEREAS, the Bank has agreed to serve in such capacities for and on behalf of the Issuer and has full power and authority to perform and serve as Paying Agent/Registrar for the Notes; NOW, THEREFORE, it is mutually agreed as follows: ARTICLE ONE APPOINTMENT OF BANK AS PAYING AGENT AND REGISTRAR Section 1.01. Appointment. The Issuer hereby appoints the Bank to serve as Paying Agent with respect to the Notes, and, as Paying Agent for the Notes, the Bank shall be responsible for paying on behalf of the Issuer the principal, premium (if any), and interest on the Notes as the same become due and payable to the registered owners thereof; all in accordance with this Agreement and the "Note Resolution" (hereinafter defined). The Issuer hereby appoints the Bank as Registrar with respect to the Notes and, as Registrar for the Notes, the Bank shall keep and maintain for and on behalf of the Issuer books and records as to the ownership of said Notes and with respect to the transfer and exchange thereof as provided herein and in the "Note Resolution". 0223739 The Bank hereby accepts its appointment, and agrees to serve as the Paying Agent and Registrar for the Notes. Section 1.02. Compensation. As compensation for the Bank's services as Paying Agent/Registrar, the Issuer hereby agrees to pay the Bank the fees and amounts set forth in Annex A attached hereto for the first year of this Agreement and thereafter the fees and amounts set forth in the Bank's current fee schedule then in effect for services as Paying Agent/Registrar for municipalities, which shall be supplied to the Issuer on or before 90 days prior to the close of the Fiscal Year of the Issuer, and shall be effective upon the first day of the following Fiscal Year. In addition, the Issuer agrees to reimburse the Bank upon its request for all reasonable expenses, disbursements and advances incurred or made by the Bank in accordance with any of the provisions hereof (including the reasonable compensation and the expenses and disbursements of its agents and counsel). ARTICLE TWO _ DEFINITIONS Section 2.01. Definitions. For all purposes of this Agreement, except as otherwise expressly provided or unless the context otherwise requires: "Acceleration Date" on any Note means the date on and after which the principal or any or all installments of interest, or both, are due and payable on any Note which has become accelerated pursuant to the terms of the Note. "Bank Office" means the offices of the Bank located in New York, New York at the address appearing in Section 3.01 hereof. The Bank will notify the Issuer in writing of any change in location of the Bank Office. "Fiscal Year" means the fiscal year of the Issuer, ending September 30th. "Holder" and "Note Holder" each means the Person in whose name a Note is registered in the Note Register. "Issuer Request" and "Issuer Order" means a written request or order signed in the name of the Issuer by the Mayor, City Secretary, City Manager and Director of Finance, any one or more of said officials, and delivered to the Bank. 0223739 -2 "Legal Holiday" means a day on which the Bank is required or authorized to be closed. "Person" means any individual, corporation, partnership, joint venture, association, joint stock company, trust, unincorporated organization or government or any agency or political subdivision of a government. "Predecessor Notes" of any particular Note means every previous Note evidencing all or a portion of the same obligation as that evidenced by such particular Note (and, for the purposes of this definition, any mutilated, lost, destroyed, or stolen Note for which a replacement Note has been registered and delivered in lieu thereof pursuant to Section 4.06 hereof and the Resolution). "Note Resolution" means the resolution, order, or ordinance of the governing body of the Issuer pursuant to which the Notes are issued, certified by the Secretary or any other officer of the Issuer and delivered to the Bank. "Note Register" means a register maintained by the Bank on behalf of the Issuer providing for the registration and transfers of Notes. "Redemption Date" when used with respect to any Note to be redeemed means the date fixed for such redemption pursuant to the terms of the Note Resolution. "Responsible Officer" when used with respect to the Bank means the Chairman or Vice-Chairman of the Board of Directors, the Chairman or Vice-Chairman of the Executive Committee of the Board of Directors, the President, any Vice President, the Secretary, any Assistant Secretary, the Treasurer, any Assistant Treasurer, the Cashier, any Assistant Cashier, any Trust Officer or Assistant Trust Officer, or any other officer of the Bank customarily performing functions similar to those performed by any of the above designated officers and also means, with respect to a particular corporate trust matter, any other officer to whom such matter is referred because of his knowledge of and familiarity with the particular subject. "Stated Maturity" means the date specified in the Note Resolution the principal of a Note is scheduled to be due and payable. Section 2.02. Other Definitions. The terms "Bank," "Issuer," and "Notes (Note)" have the meanings assigned to them in the recital paragraphs of this Agreement. 0223739 -3- The term "Paying Agent/Registrar" refers to the Bank in the performance of the duties and functions of this Agreement. ARTICLE THREE PAYING AGENT Section 3.01. Duties of Paving Accent. As Paying Agent, the Bank shall, provided adequate collected funds have been provided to it for such purpose by or on behalf of the Issuer, pay on behalf of the Issuer the principal of each Note at its Stated Maturity, Redemption Date, or Acceleration Date, to the Holder upon surrender of the Note to the Bank at the following offices: By Hand:. BV Mail: U. S. Trust Company U. S. Trust Company of Texas, N.A. of Texas, .N.A. 20 Exchange Place P. O. Box 844 Lower Level Cooper Station New York, New York 10005 New York, New York 10276 As Paying Agent, the Bank shall, provided adequate collected funds have been provided to it for such purpose by or on behalf oft _ the Issuer, pay on behalf of the Issuer the interest on each Note when due, by computing the amount of interest to be paid each Holder and making payment thereof to the Holders of the Notes (or their Predecessor Notes) on the Record Date. All payments of principal and/or interest on the Notes to the registered owners shall be accomplished (1) by the issuance of checks, payable to the registered owners, drawn on the fiduciary account provided in Section 5.05 hereof, sent by United States mail, first class, postage prepaid, to the address appearing on the Note Register or (2) by such other method, acceptable to the Bank, requested in writing by the Holder at the Holder's risk and expense. Section 3.02. Payment Dates. The Issuer hereby instructs the Bank to pay the principal of and interest on the Notes at the dates specified in the Note Resolution. ARTICLE FOUR REGISTRAR Section 4.01. Note Register - Transfers and Exchanges. The Bank agrees to keep and maintain for and on behalf of the Issuer at the Bank Office books and records (herein sometimes referred to as the "Note Register") for recording the names and addresses of the Holders of the Notes, the transfer, exchange and replacement of the Notes and the payment of the principal of and interest on the Notes to the Holders and containing such other information as may be reasonably required by the Issuer and subject to such reasonable regulations as the Issuer and Bank may prescribe. All 0223739 -4 transfers, exchanges and replacement of Securities shall be noted in the Note Register. The Bank represents and warrants its office in Dallas, Texas will at all times have immediate access to the Note Register by electronic or other means and will be capable at all times of producing a hard copy of the Note Register at its Dallas office for use by the Issuer. All transfers, exchanges and replacement of Notes shall be noted in the Note Register. Every Note surrendered for transfer or exchange shall be duly endorsed or be accompanied by a written instrument of transfer, the signature on which has been guaranteed by an officer of a federal or state bank or a member of the National Association of Notes Dealers, in form satisfactory to the Bank, duly executed by the Holder thereof or his agent duly authorized in writing. The Bank may request any supporting documentation it feels necessary to effect a re-registration, transfer or exchange of the Notes. To the extent possible and under reasonable circumstances, the Bank agrees that, in relation to an exchange or transfer of Notes, the exchange or transfer by the Holders thereof will be completed and new Notes delivered to the Holder or the assignee of the Holder in not more than three (3) business days after the receipt of the Notes to be cancelled in an exchange or transfer and the written instrument of transfer or request for exchange duly executed by the Holder, or his duly authorized agent, in form and manner satisfactory to the Paying Agent/Registrar. Section 4.02. Certificates. The Issuer shall provide an adequate inventory of printed Notes to facilitate transfers or exchanges thereof. The Bank covenants that the inventory of printed Notes will be kept in safekeeping pending their use and reasonable care will be exercised by the Bank in maintaining such Notes in safekeeping, which shall be not less than the care maintained by the Bank for debt securities of other governments or corporations for which it serves as registrar, or that is maintained for its own securities. Section 4.03. Form of Note Register. The Bank, as Registrar, will maintain the Note Register relating to the registration, payment, transfer and exchange of the Notes in accordance with the Bank's general practices and procedures in effect from time to time. The Bank shall not be obligated to maintain such Note Register in any form other than those which the Bank has currently available and currently utilizes at the time. The Note Register may be maintained in written form or in any other form capable of being converted into written form within a reasonable time. 0223739 _,r Section 4.04. List of Note Holders. The Bank will provide the Issuer at any time requested by the Issuer, upon payment of the required fee, a copy of the information contained in the Note Register. The Issuer may also inspect the information contained in the Note Register at any time the Bank is customarily open for business, provided that reasonable time is allowed the Bank to provide an up-to-date listing or to convert the information into written form. The Bank will not release or disclose the contents of the Note Register to any person other than to, or at the written request of, an authorized officer or employee of the Issuer, except upon receipt of a court order or as otherwise required by law. Upon receipt of a court order and prior to the release or disclosure of the contents of the Note Register, the Bank will notify the Issuer so that the Issuer may contest the court order or such release or disclosure of the contents of the Note Register. Section 4.05. Return of Cancelled Certificates. The Bank will, at such reasonable intervals as it determines, surrender to the Issuer, Notes in lieu of which or in exchange for which other Notes have been issued, or which have been paid. Section 4.06. Mutilated, Destroyed. Lost or Stolen Securi- ties. The Issuer hereby instructs the Bank, subject to the provisions of Section 11 of the Note Resolution, to deliver and issue Notes in exchange for or in lieu of mutilated, destroyed, lost, or stolen Notes as long as the same does not result in an overissuance. In case any Note shall be mutilated, or destroyed, lost or stolen, the Bank may execute and deliver a replacement Note of like form and tenor, and in the same denomination and bearing a number not contemporaneously outstanding, in exchange and substitution for such mutilated Note, or in lieu of and in substitution for such destroyed lost or stolen Note, only upon the approval of the Issuer and after (i) the filing by the Holder thereof with the Bank of evidence satisfactory to the Bank of the destruction, loss or theft of such Note, and of the authenticity of the ownership thereof and (ii) the furnishing to the Bank of indemnification in an amount satisfactory to hold the Issuer and the Bank harmless. All expenses and charges associated with such indemnity and with the preparation, execution and delivery of a replacement Note shall be borne by the Holder of the Note mutilated, or destroyed, lost or stolen. Section 4.07. Transaction Information to Issuer. The Bank will, within a reasonable time after receipt of written request from the Issuer, furnish the Issuer information as to the Notes it has paid pursuant to Section 3.01, Notes it has delivered upon the 0223739 -6- transfer or exchange of any Notes pursuant to Section 4.01, and Notes it has delivered in exchange for or in lieu of mutilated, destroyed, lost, or stolen Notes pursuant to Section 4.06. ARTICLE FIVE THE BANK Section 5.01. Duties of Bank. The Bank undertakes to perform the duties set forth herein and agrees to use reasonable care in the performance thereof. Section 5.02. Reliance on Documents. Etc (a) The Bank may conclusively rely, as to the truth of the statements and correctness of the opinions expressed therein, on certificates or opinions furnished to the Bank. (b) The Bank shall not be liable for any error of judgment made in good faith by a Responsible Officer, unless it shall be proved that the Bank was negligent in ascertaining the pertinent facts. (c) No provisions of this Agreement shall require the Bank to expend or risk its own funds or otherwise incur any financial liability for performance of any of its duties hereunder, or in the exercise of any of its rights or powers, if it shall have reasonable grounds for believing that repayment of such funds or adequate indemnity satisfactory to it against such risks or liability is not assured to it. (d) The Bank may rely and shall be protected in acting or refraining from acting upon any resolution, certificate, statement, instrument, opinion, report, notice, request, direction, consent, order, bond, note, security, or other paper or document believed by it to be genuine and to have been signed or presented by the proper party or parties. Without limiting the generality of the foregoing statement, the Bank need not examine the ownership of any Notes, but is protected in acting upon receipt of Notes containing an endorsement or instruction of transfer or power of transfer which appears on its face to be signed by the Holder or an agent of the Holder. The Bank shall not be bound to make any investigation into the facts or matters stated in a resolution, certificate, statement, instrument, opinion, report, notice, request, direction, consent, order, bond, note, security, or other paper or document supplied by Issuer. (e) The Bank may consult with counsel, and the written advice of such counsel or any opinion of counsel shall be full and complete authorization and protection with respect to any action taken, suffered, or omitted by it hereunder in good faith and in reliance thereon. 0223739 -7- (f) The Bank may exercise any of the powers hereunder and perform any duties hereunder either directly or by or through agents or attorneys of the Bank. Section 5.03. Recitals of Issuer. The recitals contained herein with respect to the Issuer and in the Notes shall be taken as the statements of the Issuer, and the Bank assumes no responsibility for their correctness. The Bank shall in no event be liable to the Issuer, any Holder or Holders of any Note, or any other Person for any amount due on any Note from its own funds. Section 5.04. May Hold Notes. The Bank, in its individual or any other capacity, may become the owner or pledgee of Notes and may otherwise deal with the Issuer with the same rights it would have if it were not the Paying Agent/Registrar, or any other agent. Section 5.05. Moneys Held by Bank - Fiduciary Account/ Collateralization. A fiduciary account shall at all times be kept and maintained by the Bank for the receipt, safekeeping and disbursement of moneys received from the Issuer hereunder for the payment of the Notes, and money deposited to the credit of such account until paid to the Holders of the Notes shall be continuously collateralized by securities or obligations which qualify and are eligible under both the laws of the State of Texas and the laws of the United States of America to secure and be pledged as collateral for fiduciary accounts to the extent such money is not insured by the Federal Deposit Insurance Corporation. Payments made from such fiduciary account shall be made by check drawn on such fiduciary account unless the owner of such Notes shall, at its own expense and risk, request such other medium of payment. The Bank shall be under no liability for interest on any money received by it hereunder. Subject to the applicable unclaimed property laws of the State of Texas, any money deposited with the Bank for the payment of the principal, premium (if any), or interest on any Note and remaining unclaimed for four years after final maturity of the Note has become due and payable will be paid by the Bank to the Issuer, and the Holder of such Note shall thereafter look only to the Issuer for payment thereof, and all liability of the Bank with respect to such moneys shall thereupon cease. Section 5.06. Indemnification. To the extent permitted by law, the Issuer agrees to indemnify the Bank for, and hold it harmless against, any loss, liability, or expense incurred without negligence or bad faith on its part, arising out of or in 0223739 -8- connection with its acceptance or administration of its duties hereunder, including the cost and expense against any claim or liability in connection with the exercise or performance of any of its powers or duties under this Agreement. Section 5.07. Interpleader. The Issuer and the Bank agree that the Bank may seek adjudication of any adverse claim, demand, or controversy over its person as well as funds on deposit, in either a Federal or State District Court located in the State and County where either the Bank Office or the administrative offices of the Issuer is located, and agree that service of process by certified or registered mail, return receipt requested, to the address referred to in Section 6.03 of this Agreement shall constitute adequate service. The Issuer and the Bank further agree that the Bank has the right to file a Bill of Interpleader in any court of competent jurisdiction to determine the rights of any Person claiming any interest herein. Section 5.08. DT Services. It is hereby represented and warranted that, in the event the Notes are otherwise qualified and accepted for "Depository Trust Company" services or equivalent depository trust services by other organizations, the Bank has the , capability and, to the extent within its control, will comply with the "Operational Arrangements", effective August 1, 1987, which establishes requirements for securities to be eligible for such type depository trust services, including, but not limited to, requirements for the timeliness of payments and funds availability, transfer turnaround time, and notification of redemptions and calls. ARTICLE SIX MISCELLANEOUS PROVISIONS Section 6.01. Amendment. This Agreement may be amended only by an agreement in writing signed by both of the parties hereto. Section 6.02. Assignment. This Agreement may not be assigned by either party without the prior written consent of the other. section 6.03. Notices. Any request, demand, authorization, direction, notice, consent, waiver, or other document provided or permitted hereby to be given or furnished to the Issuer or the Bank shall be mailed or delivered to the Issuer or the Bank, respectively, at the addresses shown on page 11. section 6.04. Effect of Headings. The Article and Section headings herein are for convenience only and shall not affect the construction hereof. 0223739 _g Section 6.05. Successors and Assigns. All covenants and agreements herein by the Issuer shall bind its successors and assigns, whether so expressed or not. Section 6.06. Severability. In case any provision herein shall be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not in any way be affected or impaired thereby. Section 6.07. Benefits of Agreement. Nothing herein, express or implied, shall give to any Person, other than the parties hereto and their successors hereunder, any benefit or any legal or equitable right, remedy, or claim hereunder. Section 6.08. Entire Agreement. This Agreement and the Note Resolution constitute the entire agreement between the parties hereto relative to the Bank acting as Paying Agent/Registrar and if any conflict exists between this Agreement and the Note Resolution, the Note Resolution shall govern. Section 6.09. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original and all of which shall constitute one and the same Agreement. Section 6.10. Termination. This Agreement will terminate (i) on the date of final payment of the principal of and interest on the Notes to the Holders thereof or (ii) may be earlier terminated by either party upon sixty (60) days written notice; provided, however, an early termination of this Agreement by either party shall not be effective until (a) a successor Paying Agent/Registrar has been appointed by the Issuer and such appointment accepted and (b) notice given to the Holders of the Notes of the appointment of a successor Paying Agent/Registrar. Furthermore, the Bank and Issuer mutually agree that the effective date of an early termination of this Agreement shall not occur at any time which would disrupt, delay or otherwise adversely affect the payment of the Notes. Upon an early termination of this Agreement, the Bank agrees to promptly transfer and deliver the Note Register (or a copy thereof), together with other pertinent books and records relating to the Notes, to the successor Paying Agent/Registrar designated and appointed by the Issuer. The provisions of Section 1.02 and of Article Five shall survive and remain in full force and effect following the termination of this Agreement. 0223739 -10- Section 6.11. Governing Law. This Agreement shall be construed in accordance with and governed by the laws of the State of Texas. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written. U. S. TRUST)COMPANY OF TEXAS, N.A., Dallas, T,exaas� 1 BY [SEAL? -/ Title: y�}�E PRESIDENT Attest: 7 Address: 500 North Akard Dallas, Texas 75201-4222 Title: VICE PRESIDENT CITY/OF/HUNTSVILLE, TE BY Mayor (CITY SEAL) Address: 1212 Avenue M Attest: Huntsville, texas 77340 City Secretary 0223739 -11- i CORPORATE TRUST US.TxuST .....Quality you can bank on Annex A Fee Schedule City of Huntsville,Texas Tax Notes Series 1995 Registrar/Paying Agent $450.00 (annually) Dated:January 24,1995 GENERAL CERTIFICATE THE STATE OF TEXAS § § COUNTY OF WALKER § § CITY OF HUNTSVILLE § We, the undersigned, Director of Finance and City Secretary, respectively, of the City of Huntsville, Texas, DO HEREBY CERTIFY as follows: 1. The total principal amount of indebtedness of the City, including the proposed $1,420,000 "City of Huntsville, Texas, Tax Notes, Series 199511, dated January 15, 1995 (the "Series 1995 Notes"), payable from ad valorem taxes levied and collected by the City, is as follows: OUTSTANDING INDEBTEDNESS ------------------$ 6,010,000 ASSUMED DEBT ------------------------------ 3,420,000* CONTRACT REVENUE BONDS--------------------- 4,775,000** THE SERIES 1995 NOTES ---------------------- 1.420.000 TOTAL INDEBTEDNESS ------------------------$15,625,000 *represents assumed debt of the Elkins Lake Municipal Utility District **There are outstanding "Trinity River Authority (City of Huntsville Sewer System Project) Contract Revenue Bonds, Series 199311, dated May 1, 1993, in the principal amount of $4,775,000, which bonds are payable from surplus revenues of the City's Waterworks and Sewer System. The City, however, has covenanted that should revenues from this source prove insufficient, such payments shall be made from a continuing direct ad valorem tax levied by the City. 2. That a debt service requirement schedule for the City's above described outstanding indebtedness as well as the Series 1995 Notes is attached hereto as Exhibit A and made a part of this certificate for all purposes. 3. Certain duly qualified and acting officials of the City are as follows: WILLIAM B. GREEN MAYOR GENE PIPES CITY MANAGER PATRICIA A. ALLEN DIRECTOR OF FINANCE DANNA WELTER CITY SECRETARY SCOTT BOUNDS CITY ATTORNEY 0223914 4. That the assessed value of all taxable property (net of exemptions) in the City, as shown by the tax rolls for the year 1994, and which have been duly approved and are the latest official assessment of taxable property in the City is as follows: TOTAL ASSESSED TAXABLE VALUES OF REAL AND PERSONAL PROPERTY ------$367,576,710 5. The City is incorporated under the general laws of the State of Texas, and is operating under the Home Rule Amendment to the Texas Constitution, Section 5, Article XI, as amended in 1912. The City Charter was adopted at an election held in the City for that purpose on September 28, 1968, and was amended at elections held November 17, 1970, November 28, 1972, April 7, 1979, April 3, 1982, April 5, 1986 and January 21, 1992 and has not been amended in any respect since January 21, 1992. 6. The City has sufficient current funds legally available to pay the amounts to become due on the Series 1995 Notes on July 15, 1995 and there will be deposited in the Special 1995 Note Account (created for the payment of the Series 1995 Notes) such amount of current funds which, together with the accrued interest received from the purchasers of the Series 1995 Notes, will be sufficient to pay the amounts to become due on the Series 1995 Notes on July 15, 1995. WITNESS OUR HANDS AND THE SEAL OF THE CITY OF HUNTSVILLE, TEXAS, this the 24th day of January, 1995. CITY OF HUNTSVILLE, TEXAS Direcctor of Finance City Secretary (City Seal) �a. -2- RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: ORDINANCE 95-04 CANVASS RUNOFF ELECTION(WARD 4)2-11-95 2-14-95 ORDINANCE NO. 95-04 AN ORDINANCE CANVASSING THE RETURNS OF THE RUNOFF MUNICIPAL ELECTION HELD WITHIN THE CITY OF HUNTSVILLE ON THE 11TH DAY OF FEBRUARY, 1995, FOR THE PURPOSE OF ELECTING COUNCILMEMBER, WARD FOUR; DECLARING THE RESULTS OF THE ELECTION; FINDING THAT NOTICE OF THE ELECTION WAS DULY AND PROPERLY GIVEN, THAT THE ELECTION WAS PROPERLY HELD AND RETURNS THEREOF MADE BY THE PROPER OFFICIALS IN ACCORDANCE WITH THE LAWS OF THE STATE. WHEREAS pursuant to Section 6.07 of the Charter of the City of Huntsville, the City Council,at a regular meeting held on the 14th day of February, 1995,proceeded to canvass the returns of the runoff municipal election held in the City on the 11th day of February, 1995,for the purpose of electing Councilmember,Ward Four; and WHEREAS the election was held under and pursuant to the provisions of Ordinance No. 95-02 calling the election; and WHEREAS the election was duly and regularly held as called in the ordinance and according to law,and the election returns were made and the election judges have certified the results of the election, and the City Council, having duly and regularly canvassed the returns of the election and finding that the total votes cast at the election were as follows: FOR COUNCILMEMBER,WARD FOUR HAROLD L. NORTON . . . . . . . . . . . . 273 ANN JAMES . . . . . . . . . . . . . . . . . . . 535 WHEREAS the City Council of the City of Huntsville finds that the election returns set out above are accurate and correct, and no election protest or contest has been filed with Council or instituted in connection with the election returns: NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE,TEXAS,that: SECTION 1: Ann James received a majority of the votes cast at the runoff election for the office of Councilmember,Ward Four, and accordingly, Ann James is declared elected to the office of Councilmember,Ward Four,subject to the taking of her oath and filing bond as provided by the laws of the State of Texas. SECTION 2: City Council finds that the notice of the election was duly and properly given as required by law and as provided in ordinance calling the election, and that the election was duly and regularly held and the returns thereof duly and regularly made by the proper officials of the election, and in all things according to the law. SECTION 7: This ordinance shall take effect immediately from and after its passage. APPROVED this 14th day of February, 1995. THE CITY OF HUNTSVILLE,TEXAS ZA William B. Green,Mayor F/ATTEST: Danna Welter, City Secretary APPROVED: J 4�� Scott Bo nds, City Attorney RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: ORDINANCE 95-05 AMEND ELECTRICAL CODE 2-14-95 ORDINANCE 95-05 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, AMENDING ITS CODE OF ORDINANCES ALTERING THE EXAMINATION REQUIREMENTS FOR MASTER ELECTRICIANS; REQUIRING EXAMINATION OF JOURNEYMAN ELECTRICIANS; AMENDING SECTION 7-11 OF THE ELECTRICAL CODE; MAKING OTHER PROVISIONS AND FINDINGS RELATED THERETO;PROVIDING FOR A PENALTY OF UP TO$2,000 FOR EACH VIOLATION OF THIS ORDINANCE; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE,TEXAS, that: SECTION 1: The Code of Ordinances of the City of Huntsville, Texas, is amended by the repeal of Section 7-11 as presently constituted, and by the adoption of a new Section 7-11 that shall read as follows: Section 7-11. Application, examination for, issuance, renewal, and revocation of cert fcates;fees. a) Any person,firm or corporation desiring a master electrician's certificate an electrical sign manufacturer's certificate shall make application in writing to the City electrician. b) Any person,firm or corporation desiring a master electrician certificate shall be required to show proof of a minimum of four (4) years electrical trade experience,in a journeyman's status,and show proof of successful completing and passing the Southern Building Code Congress International's Texas Standard Master electricians examination. Application for such certificate shall be accompanied by the proper fees as hereinafter provided. C) Journeyman Electrician certificate holders which obtained a certificate before February 14, 1995, will be required to show proof of taking and passing the SBCCI Journeyman Electrician exam:by February 14,1997. d) Any person desiring recognition:as a journeyman electrician shall be employed by a master electrician holding a valid cert fcate front the City of Huntsville, and shall pay the sum of ten dollars($10.00)per year as registration fee and at such time the fee is paid,state the naune of the master electrician under which he is employed and show proof of successfully completing and passing the Southern Building Code International's Texas Standard Journeyman electricians examination. Also,the journeyman electrician will be required to notify the City electrician any and each time he shall change employment. e) Any person aggrieved by a decision of the building official under this section may appeal in writing to the Board of Adjustments and Appeals as provided by the Standard Building Code. J9 The registration fee for a master electrician certificate shall be fifty dollars ($50.00). g) The registration fee for electrical sign manufacturer's certificate shall be forty dollars($40.00). h) For the purpose of ascertaining the qualifications ofpersons,firms,corporations desiring to become master electricians andlor electrical sign manufacturers,and engage in the business of electrical contracting and/or outline lighting,on what is known as high voltage or the secondary side of transformers and to ascertain their knowledge,the City Manager shall appoint by and with the approval of the City Council,a City electrician,as heretofore set out in this chapter. SECTION 2: Any person, firm or corporation violating any provision of this ordinance or failing to comply with any requirement of the ordinance will be guilty of a misdemeanor and subject to a fine of up to two thousand($2000.00)dollars upon conviction. Each day during or upon which a person shall violate or continue violation of any provision of this ordinance shall constitute a distinct and separate offense. The violation of any provision of the ordinance or the failure to comply with any requirement of this ordinance shall each constitute a distinct and separate offense. Texas Local Government Code§53.001 and§54.001. SECTION 3: If any section,subsection,sentence,clause,phrase or portion of this ordinance is for any reason held invalid or unconstitutional, such portion shall be deemed a separate,distinct and independent provision and such holding shall not affect any of the remaining provisions of this ordinance. SECTION 4: All ordinances and parts of ordinances in conflict with the provisions of this ordinance are hereby repealed; provided,however,that such repeal shall be only to the extent of such inconsistency and in all other respects this ordinance shall be cumulative of other ordinances regulating and governing the subject matter covered by this ordinance. SECTION 5: This ordinance shall take effect ten(10)days after its passage by the City Council. The City Secretary shall publish the caption of this ordinance in the official City newspaper at least twice within ten (10) days of its passage. Texas Local Government Code§52.013. PASSED AND APPROVED THIS 14TH DAY OF FEBRUARY, 1995. THE CITY OF HUNTSVILLE 6t)'14�hlt-�- William B.Green,Mayor ATTEST: Danna Welter,City Secretary APPROVED: y /d Scott B uno ds,City Attorney RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: ORDINANCE 95-06 AMEND FIRE PREVENTION CODE 2-14-95 ORDINANCE 95-06 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, AMENDING ITS CODE OF ORDINANCES TO BROADEN THE USE OF ABOVE GROUND STORAGE TANKS FOR FUEL STORAGE; AMENDING THE FIRE CODE BY AMENDING SECTION 402.11 AND BY ADDING A NEW SECTION 907.3.4.3;MAKING OTHER PROVISIONS AND FINDINGS RELATED THERETO; PROVIDING FOR A PENALTY OF UP TO $2,000 FOR EACH VIOLATION OF THIS ORDINANCE; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE,TEXAS, that: SECTION 1: The Code of Ordinances of the City of Huntsville, Texas, is amended by the repeal of Section 8-2. Fire Prevention Code--Amendments, as presently constituted, and by the adoption of a new section 8-2. Fire Prevention Code-- Amendments,that shall read as follows: Section 8-2. Fire Prevention Code--Amendments. The fallowing provisions of the Standard Fire Prevention Code are adapted,amended or modified for purposes of administration of the Code in the City of Huntsville: a) Section 105.1 is deleted. b) Sections 103.1 through 103.3 as contained in Appendix A,Administration, are adopted. c) Section 402.11 is amended by the adoption of a new subsection(2) that shall read: (2) use of an above ground tank as permitted in 907.3.4.3. d) Chapter 9 is amended by the adoption of a new section 907.3.4.3 that shall read: Section 907.3.4.3. Above ground fuel tanks permitted The provisions of 907.3 shall not prohibit the dispensing of Class I and Class H liquids in the open from a fuel dispensing system supplied by an aboveground tank,not to exceed 6,000 gal. (22,710L), located at commercial,industrial,governmental,or manufacturing establishments, and intended for fueling vehicles used in connection with their business. Such dispensing may be permitted provided: (a) an inspection of the premises and operation has been made and approval granted by the City Building Oficial; (b) the tank is safe guarded against collision, spillage, and overfill; (c) the tank system is listed and approved for such above ground use; (d) the tank complies with the requirements for emergency relief venting,and the tank and dispensing system meet the electrical classification requirements of the code; (e) the tank storage shall comply with NFPA 30,Flammable and Combustible Liquids Code, Chapter 2; (f) storage of Class I or II liquids up to 500 gallons shall not be located within 75 feet of any structure or property line; (g) storage of Class I or II liquids of 501 to 6000 gallons shall not be within 150 feet of any structure or property line; (h) a permit must be obtained annually or as designated by the Fire Marshall per Chapter 4 Standard Fire Code. e) Appendix B, Upholstered Furniture, is adopted. SECTION 2: Any person, firm or corporation violating any provision of this ordinance or failing to comply with any requirement of the ordinance will be guilty of a misdemeanor and subject to a fine of up to two thousand($2,000.00)dollars upon conviction. Each day during or upon which a person shall violate or continue violation of any provision of this ordinance shall constitute a distinct and separate offense. The violation of any provision of the ordinance or the failure to comply with any requirement of this ordinance shall each constitute a distinct and separate offense. Texas Local Government Code§53.001 and§54.001. SECTION 3: If any section,subsection,sentence,clause,phrase or portion of this ordinance is for any reason held invalid or unconstitutional,such portion shall be deemed a separate,distinct and independent provision and such holding shall not affect any of the remaining provisions of this ordinance. SECTION 4: All ordinances and parts of ordinances in conflict with the provisions of this ordinance are hereby repealed; provided,however,that such repeal shall be only to the extent of such inconsistency and in all other respects this ordinance shall be cumulative of other ordinances regulating and governing the subject matter covered by this ordinance. SECTION 5:This ordinance shall take effect ten(10)days after its passage by the City Council. The City Secretary shall publish the caption of this ordinance in the official City at least twice within ten (10) days of its passage. Texas Local newspaper Government Code§52.013. PASSED AND APPROVED THIS 14TH DAY OF FEBRUARY, 1995. THE CITY OF HUNTSVILLE William B.Green,Mayor ATTEST: aJ� Danns Welter,City Secretazy APPROVED: Scott Bounds,City Attorney RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: ORDINANCE 95-07 AMEND PERSONNEL POLICIES-DRUG TESTING 2-28-95 ORDINANCE NO.95-07 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE,TEXAS,AMENDING THE PERSONNEL RULES OF THE CITY OF HUNTSVILLE TO IMPLEMENT DRUG AND ALCOHOL TESTING REQUIRED FOR COMMERCIAL DRIVERS BY FEDERAL LAW; AND MAKING OTHER PROVISIONS RELATED THERETO. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE,TEXAS, that: SECTION 1: Chapter 2,Definitions,of the Personnel Rules of the City of Huntsville,Texas, is amended by adding the following definitions: Commercial Driver An employee who is subject to the Commercial Driver's License requirements of the United States Department of Transportation (49 CFR pan 383)and operates a Commercial Motor Vehicle (CMV)for the City on a routine, intermittent, or occasional basis. Intermittent and occasional includes operating a CMV on a back-up basis or as infrequently as once a year. 49 CFR§382. Commercial Vehicle A motor vehicle or combination of motor vehicles used to transport passengers or property if the motor vehicle: (1) has a gross combination weight of 26,001 or more pounds including a towed unit with a gross vehicle weight of more than 10,000 pounds;or (2) has a gross vehicle weight of 26,001 or more pounds;or (3) is designed to transport 16 or more passengers, including the commercial driver, or (4) is used in the transportation of materials hazardous for the purposes of the Hazardous Materials Transportation Act and which require the motor vehicle to be placarded under the Hazardous Materials Regulations (49 CFR part 172, subpart F). Controlled Substance A substance, including a drug and an immediate precursor, listed in Schedules I through V or Penalty Groups 1 through 4 of the Texas Controlled Substances Act, Texas Health and Safety Code Chapter 481. Drug A substance, other than a device or a component, part or accessory of a device, that is: (A). recognized as a drug in the official United States Pharmacopoeia, official Homeopathic Pharmacopoeia of the United States, official National Formulary, or a supplement to either pharmacopoeia or the formulary; (B). intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in man or animals; (C). intended to affect the structure or function of the body of man or animals but is not food; or (D). intended for use as a component of a substance described by items(A), (B), or(C). See Texas Health and Safety Code section 481.002. Safety-Sensitive Function Any of the following duties: (1) Operating a revenue service vehicle, including when not in revenue service; (2) Operating a non revenue service vehicle, when required to be operated by a Bolder of a Commercial Driver's License; (3)Controlling dispatch or movement of a revenue service vehicle; (4) Maintaining a revenue service vehicle or equipment used in revenue service, unless the recipient receives section 18 funding and contracts out such services;or(5)Carrying a firearm for security purposes. See 49 CFR 654. SECTION 2: Chapter 3, Vacancies, of the Personnel Rules of the City of Huntsville, Texas, is amended to read: CHAPTER 3, VACANCIES Section 8. Applications. Applications for initial employment, promotion or other type of transfer, and reinstatement shall be submitted as prescribed by the Human Resources Division. Only applications officially received in the prescribed manner shall be considered. All information submitted concerning applying for Citypositions is subject to verification. The City shall require such releases as necessary to investigate an applicant's medical, education, employment, drug and/or alcohol, criminal and driving histories. SECTION 3: Chapter 10,Section 14,Employee drug abuse policy, of the Personnel Rules of the City of Huntsville,Texas, is amended to read: CHAPTER 10, CONDUCT Section 14 Employee Drug Abuse Policy. a. It is the policy of the City of Huntsville to help employees in eliminating drug abuse. Employees who voluntarily come forward to their Division Head with an admission of drug and/or alcohol dependence and who seek treatment shall be referred to the EAP program. b. The term "drugs"includes alcoholic beverage and prescription drugs,and illegal inhalants and illegal drugs. The term drug does not include prescription drugs when taken as directed by a doctor. C. The unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance on City premises, or while conducting City business is absolutely prohibited. Being under the influence of any illegal drug, or being impaired by the use of alcohol on City premises, or while conducting City business is prohibited. The use of illegal drugs off-duty is inconsistent with law- abiding behavior expected of all employees. Violations of this policy may result in disciplinary action, including termination, and may have other legal consequences. See also Chapter 11, §I/Grounds for Disciplinary Action. d. The City of Huntsville provides medical insurance benefits and an Employee Assistance Program (EAP) which may help an employee in a drug or alcohol abuse program. however,follow-up testing is not a covered expense under the medical plan. Additionally, the Human Resources Division will help, upon request of the employee, in obtaining care. (The City's current EAP is Interface. 1-800-324-4327.) e. Any employee may request information on drug and alcohol abuse education and training from the Human Resources Division or the Division Head. The Human Resources Division will provide assistance in obtaining care through the EAP. f. The City may require pre-employment chemical screens on final applicants for employment. g. A supervisor may request an employee to submit to a drug and/or alcohol test if the supervisor has reasonable suspicion that the employee is under the influence of drugs or alcohol so that the employee's ability to do the functions of the job is impaired or the employee's ability to do the job safely is reduced. h. A supervisor may request an employee to submit to a drug and/or alcohol test if the employee is involved in a work-related accident causing property damage or personal injury. i. The City Manager shall establish reasonable procedures for the administration of drug/alcohol/chemical tests to ensure that the examination and its results are not unreasonably intrusive upon the individuals. I An employee shall notify the City of drug/alcohol related violations occurring no later than five (5)days after conviction. SECTION 4: Chapter 10,of the Personnel Rules of the City of Huntsville,Texas,is amended by adding a new Section 15, Special rules regarding use of commercial motor vehicles, which shall read: CHAPTER 10;CONDUCT. Section IS' Special rules regarding use of commercial motor vehicles. a. Certification;persons subject to D.O.T. testing. Each employee that certifies that they are a commercial driver for the City shall be subject to alcohol and drug testing described in 49 CFR Part 382. Such tests include pre-employment tests, post-accident tests, reasonable suspicion tests, random tests, return to duty tests, and follow up tests. b. Prohibitions. 1. Alcohol concentration. a) No commercial driver shall report for duty or remain on duty while having an alcohol concentration of 0.04 or greater. §382.201. b) No employee shall permit a commercial driver to remain on duty while the commercial driver has an alcohol concentration of 0.04 or greater. §382.201. 2. Alcohol possession. a) No commercial driver shall be on duty or operate a commercial vehicle while the driver possesses alcohol, unless the alcohol is manifested and transported as part of a shipment. §382.204. b) No employee shall knowingly permit a commercial driver to drive or continue to drive a commercial vehicle while the driver possesses unmanifested alcohol. §382.204. 3. On duty alcohol use. a) No commercial driver shall use alcohol while performing safety- sensitive functions. §382.205. b) No employee shall knowingly permit a commercial driver using alcohol to perform or continue to perform a safety-sensitive function. §382.205. 4. Pre-duty alcohol use. a) No commercial driver shall perform safety sensitive functions within four hours after using alcohol. §382.207. b) No employee shall knowingly permit a commercial driver who has used alcohol within four hours to perform or continue to perform safety sensitive functions. §382.207. 5. Alcohol use following an accident. No driver required to take a post accident test shall use alcohol for eight hours following the accident,or until the driver undergoes a post-accident test, whichever occurs first. §382.209. 6. Test refusal. No driver shall refuse to submit to a post accident alcohol or controlled substances test, a random alcohol or controlled substances test, a reasonable suspicion alcohol or controlled substances test, or a follow-up alcohol or controlled substances test required under these rules. §382.211. 7. Controlled substance use. a) No commercial driver shall report for duty or remain on duty requiring the performance of safety sensitive functions when the driver uses any controlled substance, unless the use is pursuant to the instructions of a practitioner who has advised the driver that the substance does not adversely affect the driver's ability to safely operate a commercial vehicle. §382.213(a). b) A commercial driver shall inform the driver's supervisor of any therapeutic drug use. §382.213(c). 8. Controlled substances testing. a) No driver shall report for duty, remain on duty, or perform a safety sensitive function if the driver tests positive for controlled substances. §382.215. b) No employee shall knowingly permit a commercial driver that tests positive for controlled substances to perform or continue to perform safety sensitive functions. §382.215. C. Tests required. 1. Pre-employment testing. The City shall test all final applicants for positions involving operation of commercial vehicles for alcohol and controlled substances. §382.301. 2. Post accident testing. a) As soon as practicable following an accident involving a commercial vehicle, the City shall test for alcohol and controlled substances each surviving driver if the accident results in the loss of human life or if a citation is issued to the driver for a moving traffic violation. §382.303(a). b) Time of post accident testing: 1) Alcohol tests should be administered within two hours following the accident;no alcohol test will be administered after eight hours. §382.303(b). 2) Controlled substance tests shall be administered within 32 hours. §382.303(b). c) Employees shall remain readily available for testing after an accident. Failure to do so will be treated as refusal to test. §382.303(c). d) If any law enforcement agency performs a test for alcohol or controlled substances, the City will use the results of these tests. §382.303(e). 3. Random testing. a) Employees will be selected for alcohol and drug testing on a random basis in a manner to ensure that they always have an equal chance of selection on a scientifically valid basis. The testing frequency and selection process will be such that a chance of selection continues to exist throughout employment. An employee selected for random testing,could be chosen again during the same year. b) A number of certified employees equal to fifty percent(50%)of the commercial drivers certified under section 15 a above, will be tested for drugs each year. A number of certified employees equal to twenty-five percent (25%) of the commercial drivers certified under section 15 a above will be tested for alcohol each year. c) Random testing will occur throughout the year. Employees will not be notified until the time of the test. A supervisor will accompany the employee to the test site immediately after notification. §382.305. 4. Reasonable suspicion testing. If an employee is reasonably suspected of using alcohol or drugs in the workplace or of working while under the influence of alcohol or drugs, their Division Head may recommend an alcohol and/or drug test. The Division Head's written recommendation to require an employee to be tested must be based on specific, contemporaneous, articulable observations concerning appearance,behavior,speech,body odors,and/or work performance. This may include indications of the chronic use and withdrawal effects of alcohol and drugs. The decision to test must be approved by the Director. §382.307 5. Return to duty testing. If an employee tests positive for alcohol or drugs, the employee must undergo follow-up testing for alcohol or drugs for up to 60 months following their return to duty. This will consist of at least six tests in the first 12 months following their return-to-duty. §382.309. 6. Follow up testing. The number, frequency and type of follow-up testing is left up to the Director, with advice of the City of Huntsville's substance abuse professional (SAP)following the driver's return-to-duty. All follow-up testing will beat the expense of the employee. The SAP may stop follow- up testing any time after the first six tests have been administered. §382.311. d. Handling of test results, records retention and confidentiality. 1. Records related to the City's alcohol misuse and controlled substances programs,including records related to this section,shall be maintained by the City's Human Resources Department in a secure location with controlled access. 49 CFR 40.81; §382.401. 2. All information concerning test results is confidential. Any exchange of information, at any time, by snail,phone,fax, or other electronic means will be done in a way to ensure confidentiality. The employee's test results will be known by the employee, the Medical Review Officer or Breath Alcohol Technician, Substance Abuse Professional, Substance Control Officer, the City's Human Resources Department, the Division Head and Director, whether employed by the City or contracted. 49 CFR§40.81;49 CFR§382.401. 3. If the drug test result is positive, the employee will be notified of the results and placed on Administrative Leave With Pay pending other action. The employee will have 72 hours to ask for a test of the split specimen at their expense. If the second test is negative, the medical review officer will cancel the result of the first test and the city will reimburse the employee for the retest. e. Consequences for drivers engaging in substance abuse related conduct. 1. No driver shall perform safety sensitive functions, including driving a commercial motor vehicle,if the driver has engaged in conduct prohibited by subsection b. above until the employee has been evaluated by a substance abuse professional approved by the City and has undergone a return to duty test with a verified negative result. §382.605(b)and(c). 2. A driver tested under the provisions of subsection c. above who is found to have an alcohol concentration of greater than 0.02 but less than 0.04 shall be removed from duties for 24 hours or until the next work day, whichever is longer. The employee may use vacation, holiday, and/or compensatory time for work missed during this period, but not sick leave.49 CFR§382.505(a). SECTION 4: This Ordinance shall take effect immediately. APPROVED this 28th day of February, 1995. THE CITY OF HUNTSVILLE UN William B. Green,Mayor ATTEST: Danna Welter,City Secretary APPROVED AS TO FORM: A 1j Scott Bounds,City Attorney RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: ORDINANCE 95-08 AMEND OFFICIAL ZONING MAP 3-21-95 ORDINANCE NO.95-08 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF HUNTSVILLE,TEXAS TO PROVIDE FOR ZONING OF NEWLY ANNEXED AREAS; AND MAKING OTHER FINDINGS AND PROVISIONS RELATED THERETO. WHEREAS the City Council of the City of Huntsville,Texas,has adopted an Official Zoning Map and attendant regulations for the City which, in accordance with the comprehensive plan,was designed to control the density of population to the end that congestion may be lessened in public streets and that the public health, safety,convenience and general welfare by promoted in accordance with Chapter 211, Municipal Zoning Authority of the Texas Local Government Code; and WHEREAS the zoning regulations of the City of Huntsville provide for the amendment of the Official Zoning Map;and WHEREAS the Planning and Zoning Commission has studied and evaluated the request and recommendations prepared by City Staff and adopted a preliminary report for the City Council; and WHEREAS after public notice, the Planning and Zoning Commission held a public hearing on February 9, 1995,for the purpose of considering the Preliminary Report;and WHEREAS the Planning and Zoning Commission has considered the comments of the public presented at that public hearing and presented a final report to this Council recommending amendments to the Official Zoning Map; WHEREAS the City Council has provided public notice for the public hearing on March 21, 1995,for City Council to consider comments of the public regarding the adoption of amendments to the Official Zoning Map; and WHEREAS the City Engineer has prepared a new map of the City reflecting the annexed areas to replace the prior map that had become obsolete; NOW,THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE,TEXAS,that: SECTION 1: The Official Zoning Map of the City of Huntsville,Texas,as provided by Section 401.1 of the City's Development Code, Chapter 30 of its Code of Ordinances, is amended as shown in Attachment A for the areas annexed to the City in 1994, to this Ordinance and City Staff is directed to make such change to the Official Zoning Map together with an entry on the Official Zoning Map as follows: "On March 21, 1995,by official action of the City Council of the City of Huntsville, the following changes were made:" SECTION 2:A new Official Zoning Map is adopted to replace the old zoning map which had become obsolete, and the new Official Zoning Map shall supersede the prior Official Zoning Map, and shall be identified by the signature of the mayor and attested to by the City Secretary. SECTION 3: The City Secretary is hereby directed to cause the caption of this Ordinance to be published at least twice within ten days of final passage. This ordinance shall take effect ten(10)days after the date of final passage. PASSED AND APPROVED THIS 21ST DAY OF MARCH, 1995. THE CITY OF HHUUNTSVILLE William B. Green,Mayor AT 1:ST: ✓�- Danna Welter, City Secretary APP ED O FO Sc t Bons, City Attorney J T I Ir r � ��• ��"' \�•� LEGEND s •�•_�•-� b� / nrumor THE OFFICIAL ZONING MAP OF THE CITY OF HUNTSVILLE. TEXAS RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: ORDINANCE 95-09 INDUSTRIAL WASTE(CHAPT. 17 AND 18) 3-21-95 t ORDINANCE NO.95-09 AN'ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, AMENDING CHAPTER 17, WATER AND SEWERS, BY ADOPTED A NEW ARTICLE III, ADDITIONAL FEES, COSTS AND CHARGES RELATED TO THE DISCHARGE OF CERTAIN INDUSTRIAL OR NONDOMESTIC WASTEWATER; CREATING CHAPTER 18, INDUSTRIAL WASTEWATER STANDARDS, OF THE CODE OF ORDINANCE PROHIBITING THE DISCHARGE OF CERTAIN WASTES INTO THE CITY WASTEWATER TREATMENT SYSTEM; ESTABLISHING FEES AND CHARGES FOR SUCH DISCHARGE; PROVIDING A PENALTY OF UP TO$2,000.00 FOR EACH VIOLATION; REPEALING ORDINANCES INCONSISTENT HEREWITH;CONTAINING A SAVINGS CLAUSE; AND MAKING OTHER FINDINGS AND PROVISIONS RELATED THERETO. WHEREAS Federal law mandates local governments restrict and penalize the discharge of certain nondomestic wastewater; NOW,THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE,TEXAS,that: SECTION 1: Chapter 17, Water and Sewers, of the Code of Ordinances of the City of Huntsville,Texas, is amended by the adoption of a new Article III, to be called "Additional Fees, Costs and Charges Related to the Discharge of Certain Industrial or Nondomestic Wastewater", which shall read as follows: Section 17.30. Pennit Fees for Industrial Wastewater Discharges. Reserved. Section 17.31. Sampling and Surveillance Fees for Industrial Wastewater Discharges. Reserved. Section 17.32. Surcharges for Industrial Wastewater Discharges. Any person, user or industrial user who discharges waste subject to surcharge under the provisions of Chapter 18, including Section 18.17, shall pay in addition to, over and above the other rates established in this Chapter, a surcharge rate of$.41 per 1,000 gallons wastewater discharged. SECTION 2: Chapter 18,Industrial Wastewater Standards, of the Code of Ordinances of the City of Huntsville,Texas, is hereby created(Attachment A). SECTION 3: A person adjudged guilty of an offense as defined in this ordinance shall be punished by a fine not to exceed two thousand($2,000.00)dollars. Each day an offense is committed shall constitute a separate offense. SECTION 4: If any provision of this ordinance,or the application of same to any person or set of circumstances, shall for any reason be held unconstitutional, void or invalid, such invalidity shall not affect the validity of the remaining provisions of this ordinance or their application to other persons or other sets of circumstances,and to this end all provisions of this ordinance are declared to be severable. SECTION 5: This ordinance shall take effect ten(10)days from and after its adoption by City Council. The City Secretary is hereby directed to give notice hereof by causing the caption of this ordinance to be published in the official City newspaper at least twice within ten(10)days after the passage of this ordinance. SECTION 6: This ordinance shall take effect immediately upon its adoption by Council. Passed and approved this 21st day of March, 1995. THE CITY OF HJJ 3 ITSV d LE William B. Green,Mayor ATT ST: / U ldJ Danna 'Vetter, City Secretary APP VED O FO c Scott Bon , City Attorney Chapter 18. INDUSTRIAL WASTEWATER STANDARDS. Table of Contents Pacre Article I General Provisions 18.01 Purpose and Policy.... ..... . .......... ... ..... ..... .. ..1 18.02 Administration. .... ..... . .... .............. .... ....... 18.03 Abbreviations... ..... ......... ........... ....... .......2 18.04 Definitions. ... ..... . ..... .......... . ... ..... ... .. .. ...2 Article II General Sewer Use Requirements 18.05 Discharge to Public Sewers Prohibited.. ..... ... .. ... ..13 18.06 National Categorical Pretreatment Standards.... .... ...15 18.07 Local Limits..... .... ........... ................... .. .16 18.08 City's Right of Revision.... ....... . .... ........ .. ....16 18.09 Special Agreement. .... . ..... ...... ......... ....... ....17 18.10 Dilution Prohibited............. .............. ... .. .. .17 18.11 Discharge of Hauled Wastes by Truck, Rail, or Dedicated Pipeline............ ...... .... .... . ..... .. ..17 18.12 Direct Discharges.. .......... .......... . .... ... .......17 Article III Pretreatment of Wastewater 18.13 Pretreatment Facilities...... ....... .... ........ .. .. ..18 18.14 Additional Pretreatment Measures...... ........... .... .18 18.15 Accidental Discharge/Slug Control Plans. . ....... .. .. ..19 18.16 Tenant Responsibility... ..... ...... ......... ... ... ....19 18.17 Surcharges.. ... ..... ..... . ...... ..... ........... ..... Article IV Wastewater Discharge Permit Elicribility 18.18 Wastewater Analysis................ . ........ ... .......21 18.19 Discharge Permits Required.... .......... . .... ... ... .. .21 18.20 Existing Connections. ....... ..... ..... ..... .... ..... ..21 18.21 New Connections.... ................. ..... ....... ..... .22 18.22 Extra-Jurisdictional Users... .......... .... .... ..... ..22 18.23 Permit Applications........... ...... ......... ... ......22 Article V Wastewater Discharge Permit Issuance Process 18.24 Permit Duration.. ................. . ..... .... . .. ... ....23 18.25 Permit Contents... ............ . ..... ................. .23 18.26 Permit Public Notification and Appeals........ ....... 25 18.27 Permit Modifications... . ..... ................ ... .. .... 26 18.28 Permit Transfer. .... . . .... ....... .......... ... ... .....27 18.29 Permit Revocation. . ..... ...... ...... ..... .... ... .. ....27 18.30 Reissuance.... .... .......... ..... ...... .... ... . ... ....28 i. Article VI Compliance Reporting Pae 18.31 Baseline Monitoring Reports...... .... . .... ... . .. ... .28 18.32 Reports on Compliance with Categorical Pretreatment Standard Deadline...... . ..... ... ... ... .30 18.33 Periodic Compliance Reports.... . . ... . . .... ... ... ... .31 18.34 Reports of Changed Conditions... . ... . ..... ... ... ....31 18.35 Reports of Potential Problems.... ..... ..... ... ... .. .32 18.36 Reports from Unpermitted Users........... ......... ..32 18.37 Notice of Violation/Repeat Sampling and Reporting. ..32 18.38 Analytical Requirements............ .................33 18.39 Sample Collection. ..... ..... ............ ....... ... ..33 18.40 Timing.... ....... ...... ........... . ..... .... ... ... ..33 18.41 Record Keeping.... . ... ....... ...... ...... .... .......33 18.42 Certification Required............. ...... ... . ..... ..34 18.43 Falsifying Information.. ..... ....... ..... .... .. ... ..34 Article VII Compliance Monitoring 18.44 Right of Entry: Inspection and Sampling... ... ... .. .34 18.45 Search Warrants. ..... ...... .... .. . .... .... .... ... .. .35 18.46 Confidential Information... ...... . .... . ... . ... ... .. .36 18.47 Publication of Users in Significant Noncompliance. ..36 Article VIII Administrative Enforcement Remedies 18.48 Notification of Violation... ....... ..... .... .... .. ..37 18.49 Consent Orders.......... ...... ...... . .... ....... .. ..38 18.50 Show Cause Hearing...... ..... ........ ..... ... .... .. ..38 18.51 Compliance Orders............ ....... ..... . .. .... ....38 18.52 Cease and Desist Orders............. .............. ..39 18.53 Emergency Suspensions....... ........ ..... ... ...... ..39 18.54 Termination of Discharge.... . ....... ............ ....40 Article IX Judicial Enforcement Remedies 18.55 Consent Decree... ..... ...... ...... . ......... ...... ..40 18.56 Injunctive Relief...... . ..... ............ .... ... .. ..40 18.57 Civil Penalties.................................. .. .41 18.58 Criminal Prosecution........... ....... ............. .41 18.59 Remedies Nonexclusive........................... ... .42 Article X Supplemental Enforcement Action 18.60 Performance Bonds.. ...... ................. ..........42 18.61 Water Supply Severance................... .... .......43 18.62 Public ............__Nuisances. .. . ............. .....43 18.63 Increased Monitoring and Reporting........ . ...... ...43 tii. Page Article XI Affirmative Defenses to Discharge Violations 18.64 Upset. ... ....... ..... ............... ..... . ... .......43 18.65 Prohibited Discharge Standards.................... ..44 18.66 Bypass... .... ................................ .. . ....45 Article XII Industrial Sewer Rates 18.67 Sewer Service Rates............ ..... ..... ... ...... ..46 18.68 Metering. ... ........ . ..... ..... . .... . ....... ...... ..46 18.69 Rate Review........ .... . ..... ...... ........ ........ .46 18.70 Billing of Surcharges.... ........... ........ ... ... ..47 Article XIII Miscellaneous Provisions 18.71 Right to Assess............. .......... ........ ..... .47 18.72 Charges and Fees..... ................ ........... ....47 iii. Chapter 18. INDUSTRIAL WASTEWATER STANDARDS. Article I. GENERAL PROVISIONS Section 18.01. Purpose and Policv This Chapter applies to all persons, inside or outside of the City, who use the City's Publicly Owned Treatment Works (POTW) . The purpose of this Chapter is to enable the City to comply with the applicable State and Federal laws, including the Clean Water Act (33 U.S.C. 1251 et.sea.) and the General Pretreatment Regulations (40 CFR 403) . The objectives of the Chapter are: A. to prevent the introduction of pollutants into the POTW that will interfere with its operation; B. to prevent the introduction of pollutants into the POTW that will pass through the POTW, inadequately treated, into receiving waters, or otherwise be incompatible with the POTW; C. to protect both POTW personnel who may be affected by wastewater and sludge in the course of their employment and the general public; D. to promote reuse and recycling of industrial wastewater and sludge for the POTW; E. to provide for fees for the equitable distribution of the cost of operation, maintenance, and improvement of the P.O.T.W.; and F. to enable the City to comply with its National Pollutant Discharge Elimination System permit conditions, sludge use and disposal requirements, and any other Federal or State laws to which the POTW is subject. This Chapter authorizes the issuance of wastewater discharge permits; provides for monitoring, compliance, and enforcement activities; establishes administrative review procedures; requires user reporting; and provides for the setting of fees for the equitable distribution of costs resulting from the program established herein. Section 18.02 Administration Except as otherwise provided herein, the Director shall administer, implement and enforce the provisions of this Chapter. Any powers granted to or duties imposed upon the Director may be delegated by the Director to other City personnel. 1 �5 Section 18.03 Abbreviations The following abbreviations, when used in this Chapter, shall have the designated meanings: * BOD - Biochemical oxygen Demand * CFR - Code of Federal Regulations * FR - Federal Register * mg/l - Milligrams Per Liter (1 mg/l = 1 ppm) * NPDES permit - National Pollutant Discharge Elimination System permit issued pursuant to Section 402 of the Clean Water Act * O&M - Operation and Maintenance * POTW - Publicly Owned Treatment Works * SIU - Significant Industrial User * SWDA - Solid Waste Disposal Act * TSS - Total Suspended Solids * U.S.C. - United States Code Section 18.04 Definitions Unless a provision explicitly states otherwise, the following terms and phrases, as used in this Chapter, shall have the designated meanings. A. Act or "the Act.": The Federal Water Pollution Control Act, also known as the Clean Water Act (CWA) , as amended, 33 U.S.C. 1251, et seq. B. Approval Authority: The EPA Regional Director. C. Authorized Representative of the User: (1) If the user is a corporation: (a) The president, secretary, treasurer, or a vice- president of the corporation in charge of a principle business function, or any other person who performs similar policy or decision-making functions for the corporation; or (b) The manager of one or more manufacturing, production, or operation facilities employing more than two hundred fifty (250) persons or having a gross annual sales or expenditures exceeding twenty-five (25) million dollars (in second-quarter 1980 dollars) , if authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures. (2) If the user is a partnership or sole proprietorship; a general partner or proprietor, respectively. 2 r� (3) If the user is a Federal, State or local governmental facility: a director or highest official appointed of designated to oversee the operation and performance of the activities of the government facility, or their designee. (4) The individuals described in paragraphs 1 through 3 above, may designate another authorized representative if the authorization is in writing, the authorization specifies the individual or position responsible for the overall operation of the facility from which the discharge originates or having overall responsibility for environmental matters for the company, and the written authorization is submitted to the City. D. Baseline Monitoring Report or BMR: A report submitted by categorical industrial users within one hundred eighty (180) days after the effective date of an applicable categorical standard which indicates the compliance status of the user with the categorical standard. E. Biochemical Oxygen Demand or BOD: The quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedures for five (5) days at 200 centigrade, usually expressed as a concentration (e.g., mg/1) . F. Blowdown: The discharge of water with high concentrations of accumulated solids from boilers to prevent plugging of the boiler tubes and/or steam lines. In cooling towers, blowdown is discharged to reduce the concentration of dissolved salts in the recirculating cooling water. Clean "make-up" water is added to dilute the dissolved solids in the system. Blowdown also includes the discharge of condensate. G. Bypass: The intentional diversion of waste streams from any portion of an industrial user's pretreatment facility. H. Categorical Pretreatment Standard or Categorical Standard: Any regulation containing pollutant discharge limits promulgated by EPA in accordance with Section 307 (b) and (c) of the Act (U.S.C. 1317) which apply to specific category of users and which appear in 40 CFR Chapter I, Subchapter N, Parts 405-471. I. Categorical Industrial User or CIU: An industrial user subject to categorical pretreatment standards. J. Chain of Custody: A legal record (which may be a series of records) of each person who had possession of an environmental sample, from the person who collected the sample to the person who analyzed the sample in the laboratory and to the person who witnessed the disposal of the sample. 3 i� K. City: The City of Huntsville, Texas. L. Combined Wastestream Formula or CWF: A means of deriving alternative categorical discharge limits in situations where process effluent is mixed with waste waters other than those generated by the regulated process prior to treatment. M. Composite Sample: The sample resulting from the combination of individual wastewater samples taken at selected intervals based on an increment of either flow or time. N. Control Authority: The City of Huntsville based on its EPA Submitted and Approved Pretreatment Program in accordance with 40 CFR 403.3(t) (1) and the requirements of 40 CFR 403.11. O. Conventional Pollutant: A pollutant which has been designated as conventional under section 304(a) (4) of the Act. These pollutants include: BOD, TSS, pH, fecal coliform, and oil & grease. P. Daily Average Limit: The arithmetic average of all test or measurement results obtained during the reporting period. Q. Director: The Director of Public Works for the City. R. Discharge Permit: A permit as described in Section 18.25 of this article. S. Domestic Sewage: Water-carried wastes normally discharging into the sanitary sewers of dwellings (including apartment houses and hotels) , office buildings, factories and institutions, free from storm surface water and industrial wastes. The "normal" sewage for the City, based on POTW design criteria, is established at average concentrations of BODS and TSS at not more than 250 mg/1 and 300 mg/1, respectfully. T. Effluent: Wastewater or other liquid - raw, untreated, partially or completely treated - flowing from an IU to a reservoir, basin, treatment process or treatment plant. U. Environmental Protection Agency or EPA: The U-S. Environmental Protection Agency or, where appropriate, the Regional Water Management Division Director, or other duly authorized official of the agency. V. Existing Source: Any source of discharge, the construction or operation of which commenced prior to the publication by EPA of proposed categorical pretreatment standards, which will be applicable to such source if the standard is thereafter promulgated in accordance with Section 307 of the Act. 4 I� W. Flow Proportional Composite Sample: A sampling method which combines discrete aliquots of a sample collected over time, based on the flow of the wastestream being sampled by one of two methods: 1) collection of a constant sample volume at time intervals based on stream flow [e.g., 200 ml sample collected for every 5,000 gallons discharged] , 2) collection of aliquots of varying volume, based on stream flow, at constant time intervals. X. Garbage: Solid wastes and residue from the preparation, cooking, and dispensing of food, and from the handling, storage and sale of food products and produce. Y. Grab Sample: A sample which is taken from a wastestream without regard to the flow in the wastestream and over a period of time not to exceed fifteen (15) minutes. Z. Hazardous Waste: For a waste to be considered a hazardous waste it must first be designated a solid waste. Virtually all forms of wastes are considered to be solid wastes (including solids, liquids, semi-solids, and contained gaseous materials) except those expressly excluded under regulatory definition, e.g. industrial effluent which is mixed with sanitary wastes in the sewer. For a solid waste to be considered hazardous it must meet one of two criteria: 1) it has one of the following four characteristics -- ignitibility, corrosivity, reactivity, or toxicity (according to the Toxicity Characteristic Leaching Procedure (40 CFR 268 Appendix I) , or 2) it must be a listed hazardous waste in 40 CFR 261.31-261.33. AA. Indirect Discharge or Discharge: The introduction of pollutants into the POTW from any nondomestic source regulated under Section 307(b) , (c) or (d) of the Act. BB. Industrial User (IU) or User: A source of indirect discharge. CC. Industrial Waste: All water-carried solids, liquids and gaseous wastes resulting from any industrial, manufacturing or food processing operation or process, or from the development of any natural resource, or any mixture of these with water or domestic sewage as distinct from normal domestic sewage. DD. Influent: Wastewater or other liquid - raw (untreated), partially or completely treated - flowing into a reservoir, basin, treatment process, or treatment plant. 5 EE. Interference: A discharge which alone or in conjunction with a discharge or discharges from other sources, inhibits or disrupts the POTW, its treatment processes or operations or its sludge processes, use or disposal; and therefore is a cause of a violation of the City's NPDES permit or of the prevention of sewage sludge use or disposal in compliance with any of the following statutory/regulatory provisions or permits issued thereunder, or more stringent state or local regulations: Section 405 of the Act; the Solid Waste Disposal Act (SWDA) , including Title II commonly referred to as the Resource Conservation and Recovery Act (RCRA) ; any State regulations contained in any State sludge management plan prepared pursuant to Subtitle D of the SWDA; the Clean Air Act; the Toxic Substances Control Act; or the Marine Protection, Research and Sanctuaries Act. FF. Local Limits: Effluent discharge limits applicable to industrial users of the City's system developed by the Control Authority in accordance with 40 CFR 403.5(c) . GG. Maximum Allowable Discharge Limit: 1) Instantaneous - The maximum concentration of a pollutant allowed to be discharged at any time, determined from the analysis of a grab sample; and 2) Daily - The average value of all grab samples taken during a given calendar day. If only one grab sample has been taken, that grab sample becomes the daily maximum (as well as the instantaneous maximum) . If more than one grab sample is collected on a given day, the daily maximum is the average of all the individual grab samples. A composite sample, by definition, becomes the daily maximum for the calendar day in which it is collected. HH. Medical Waste: Isolation wastes, infectious agents, human blood and blood byproducts, pathological wastes, sharps, body parts, fomites, etiologic agents, contaminated bedding, surgical wastes, potentially contaminated laboratory wastes and dialysis wastes. II. Milliarams per Liter (mg/l or ppm) : A weight to volume ratio; the milligrams per liter value multiplied by the factor of 8.33 shall be equivalent to pound per million gallons of water. JJ. National Categorical Pretreatment Standard Pretreatment Standard or Standard: Any regulation containing pollutant discharge limits promulgated by the EPA in accordance with section 307 (b) and (c) of the Act, which applies to Industrial Users. This term includes prohibitive discharge limits established pursuant to 403.5. 6 KK. New Source• (1) Any building, structure, facility or installation from which there is or may be a Discharge of pollutants, the construction of which commenced after the publication of proposed Pretreatment Standards under section 307(c) ofthe Act which will be applicable to such source is such Standards are thereafter promulgated in accordance with that section, provided that: (a) The building, structure, facility or installation is constructed at a site at which no other source is located; or (b) The building structure, facility or installation totally replaces the process or production equipment that causes the discharge of pollutants at an existing source; or (c) The production or wastewater generating process of the building, structure, facility or installation are substantially independent of an existing source at the same site. In determining whether these are substantially independent, factors such as the extent to which the new facility is integrated with the existing plant, and the extent to which the new facility is engaged in the same general type of activity as the existing source should be considered. (2) Construction on a site at which an existing source is located results in a modification rather than a new source if the construction does not create a new building, structure, facility or installation meeting the criteria of paragraphs (w) (1) (b) or (w) (1) (c) of this section but otherwise alters, replaces, or adds to existing process or production equipment. (3) Construction of a new source as defined under this paragraph has commenced if the owner or operator has: (a) Begun, or caused to begin as part of a continuous onsite construction program: (i) Any placement, assembly, or installation of facilities or equipment; or (ii) Significant site preparation work including clearing, excavation, or removal of existing buildings, structures, or facilities which is 7 aI necessary for the placement, assembly, or installation of new source facilities or equipment; or (b) Entered in a binding contractual obligation for the purchase of facilities or equipment which are intended to be used in its operation within a reasonable time. Options to purchase or contracts which can be terminated or modified without substantial loss, and contracts for feasibility, engineering, and design studies do not constitute a contractual obligation under this paragraph. LL. Ninety (90)-Day Compliance Report: A report submitted by categorical industrial users within 90 days following the date for final compliance with the standards. This report must contain flow measurement (or regulated process streams and other streams), measurement of pollutants, and a certification as to whether the categorical standards are being met. MM. Noncontact Cooling Water: Water used for cooling which does not come into direct contact with any raw material intermediate product, waste product, or finished product. NN. Pass Through: A Discharge that exits the POTW into a watercourse in quantities or concentrations that, alone or in conjunction with a discharge or discharges from other sources, is a cause of a violation of any requirement of the POTW's NPDES permit (including an increase in the magnitude or duration of a violation) . 00. Periodic Compliance Report: A report submitted at least twice annually by each significant industrial user regulated under the local pretreatment program that indicates the nature and concentration of pollutants in the effluent which are limited by applicable pretreatment standards. In addition, the periodic report must indicate a record of measured or estimated average maximum daily flows for the reporting period. PP. Person: Any individual, partnership, copartnership, firm, company, corporation, association, joint stock company, trust, estate, governmental entity, or any other legal entity; or their legal representatives, agents, or assigns. This definition includes all Federal, State, and local government entities. QQ. pH: A measure of the acidity or alkalinity of a solution, expressed in standard units. 8 p"), RR. Pollutant: Any dredged spoil, solid waste, incinerator residue, sewage, garbage, sewage sludge, munitions, medical wastes, chemical wastes, industrial wastes, biological materials, radioactive materials, heat, wrecked or discharged equipment, rock, sand, cellar dirt, agricultural and industrial wastes, and the characteristics of the wastewater [i.e., pH, temperature, TSS, turbidity, color, BOD, toxicity, odor] - SS. dor] _SS. Pollution: The man-made or man-induced alteration of the chemical, physical, biological and radiological integrity of water. TT. Pretreatment: The reduction of the amount of pollutants, the elimination of pollutants, or the alteration of the nature of pollutant properties in wastewater prior to, or in lieu of, introducing such pollutants into the POTW. This reduction or alteration can be obtained by physical, chemical, or biological processes; by process changes; or by other means, except by diluting the concentration of the pollutants unless allowed by an applicable pretreatment standard. LTU. Pretreatment Requirements: Any substantive or procedural requirement related to pretreatment imposed on a user, other than a pretreatment standard. VV. Pretreatment Standards or Standards: Pretreatment standards shall mean prohibited discharge standards, categorical pretreatment standards, and local limits. WW. Process Wastewater: Any water which, during manufacturing or processing, comes into direct contact with or results from the production of or use of any raw material, intermediate product, finished product, byproduct, or waste product. XX. Prohibited Discharge Standards or Prohibited Discharges: Absolute prohibitions against the discharge of certain substances; these prohibitions appear in Sections 18.05 of this chapter. YY. Publicly Owned Treatment Works or (POTW) : A "treatment works" as defined by section 212 of the Act (33 U.S.C. 1292) , that is owned by the City. This definition includes any devices and systems used in the storage, treatment, recycling and reclamation of municipal sewage or industrial wastes of a liquid nature. It also includes sewers, pipes and other conveyances only if they convey wastewater to a POTW Treatment Plant. ZZ. Public Sewer: A sewer controlled by the City. 9 J AAA. Regulated Wastestream: An industrial process wastestream regulated by a national categorical pretreatment standard. BBB. Sanitary Sewer: A sewer that conveys wastewater, and into which storm, surface and ground waters or unpolluted industrial wastes are not intentionally passed. CCC. Self Monitoring: Sampling and analysis performed by the industrial user to ensure compliance with the permit or other regulatory requirement. DDD. Septic Tank Waste: Any sewage from holding tanks such as vessels, chemical toilets, campers, trailers, and septic tanks. EEE. Sewage: Human excrement and gray water (household showers, dishwashing operations, etc.) . FFF. Sewer Service Charge: The charge made on all users of the public sewer whose wastes do not exceed in strength the concentration values established in this article. GGG. Shall: Mandatory (may is permissive) . HHH. Significant Industrial User: (1) A user subject to categorical pretreatment standards: or (2) A user that: (a) Discharges an average of twenty-five thousand (25,000) gpd or more of process wastewater to the POTW (excluding sanitary, noncontact cooling, and boiler blowdown wastewater) ; (b) Contributes a process wastestream which makes up five (5) percent or more of the average dry weather hydraulic or organic capacity of the POTW treatment plant; or (c) Is designated as such by the City on the basis that it has a reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standard or requirement. (3) Upon finding that a user meeting the criteria in Subsection (2) has no reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standard or requirement, the City may at any time, on its own initiative or in response to a petition 10 received from a user, and in accordance with procedures in 40 CFR 403.8(f) (6) , determine that such user should not be considered a significant industrial user. III. Significant Noncompliance: An industrial user is in significant noncompliance if its violation meets one or more of the following criteria: (a) Chronic violations of wastewater discharge limits, defined here as those in which sixty-six percent or more of all measurements taken during a six month period exceed (by any magnitude) the daily maximum limit or the average limit for the same pollutant parameter; (b) Technical Review Criteria (TRC) violations, defined here as those in which thirty-three percent or more of all of the measurements for each pollutant parameter taken during a six month period equal or exceed the product of the daily maximum limit or the average limit multiplied by the applicable TRC (TRC = 1.4 for BOD, TSS, fats, oil and grease, and 1.2 for all other pollutants except pH.) ; (c) Any other violation of a pretreatment effluent limit (daily maximum or longer term average) that the City determines has caused, alone or in combination with other discharges, interference or pass through (including endangering the health of POTW personnel or the general public) ; (d) Any discharge of a pollutant that has caused imminent endangerment to human health, welfare or to the environment or has resulted in the POTW's exercise of its emergency authority under paragraph 40 CFR Part 408.8 (f) (1) (vi) (B) of this section to halt or prevent such a discharge; (e) Failure to meet, within 90 days after the schedule date, a compliance schedule milestone contained in an enforcement order for starting construction, completing construction, or attaining final compliance; (f) Failure to provide, within 30 days after the due date, required reports such as baseline monitoring reports, 90- day compliance reports, periodic self-monitoring reports, and reports on compliance with compliance schedules; (g) Failure to accurately report noncompliance; or (h) Any other violation or group of violations that the City determines will adversely affect the operation or implementation of the local pretreatment program. 11 "5- JJJ. Sludoe: The settleable solids intentionally separated from liquid waste streams during treatment typically under quiescent conditions, and the unintentional accumulation of solids in tanks and reservoirs associated with production and manufacturing processes. KKK. Slug Load or Slug: Any discharge at a flow rate or concentration which could cause a violation of the prohibited discharge standards in Section 18.05 of this Chapter or any discharge of a nonroutine, episodic nature, including but not limited to, an accidental spill or a noncustomary batch discharge. LLL. Slug Discharge Control Plan: A plan designed to prevent the uncontrolled discharge of raw pollutants (or materials, e.g., a dairy spill of milk may disrupt a small POTW and would have to be reported even though milk is not a "pollutant") into the POTW. Every Significant Industrial User is required to be evaluated, at least every two years, for the necessity of instituting such a control plan. MMM. State: State of Texas. NNN. Standard Industrial Classification or SIC: A classification pursuant to the Standard Industrial Classification Manual issued by the Executive Office of the President, office of Management and Budget, 1972. 000. Storm Sewer: A sewer that carries storm and surface waters and drainage, but excludes domestic sewage and industrial wastes. PPP. Storm Water: Any flow occurring during or following any form of natural precipitation, and resulting therefrom, including snowmelt. QQQ. Storm Water Runoff: That portion of the rainfall that is drained into the storm sewers or conveyed by surface flow to man-made or natural drainage courses. RRR. Surcharge: The charge in addition to the sewage service charge which is made on those users whose wastes are greater in strength than the concentration values established as representative of normal charges or are greater in flow. SSS. Surcharge Limit: A base limit for the BODS and TSS, which when exceeded will result in a surcharge. Where surcharge limits are expressed in units of mass, the daily discharge is the total mass discharged over the course of the day. Where surcharge limits are expressed in terms of a concentration, 12 J(f the daily discharge is the arithmetic average measurement of the pollutant concentration derived from all measurements taken that day. TTT. Suspended Solids: The total suspended matter that floats on the surface of, or is suspended in, water, wastewater, or other liquid, and which is removable by laboratory filtering. UUU. Time Proportional Composite Sample: A sampling method which combines discrete sample aliquots of constant volume collected at constant time intervals (e.g., 200 ml samples collected every half hour for a 24-hour period) . This method provides representative samples only where the sample stream flow is constant, or where the volume is manually adjusted based on stream flow variation prior to being added to the composite sample container. VVV. Toxic Pollutant: Those pollutants, or combination of pollutants, including disease-causing agents, which after discharge and upon exposure, ingestion, inhalation, or assimilation into any organism either directly from the environment or indirectly by ingestion through the food chain, will, on the basis of information available to the Administrator to the EPA, cause, death, disease, behavioral abnormalities, cancer, genetic mutations, physiological malfunctions (including malfunctions in reproduction) or physical deformations, in such organisms or their offspring. Such pollutants which have been identified as toxic are listed at 40 CFR 122 Appendix D. WWW. User or Industrial User: A source of indirect discharge. XXX. Wastewater: Liquid and water-carried industrial wastes and sewage from residential dwellings, commercial buildings, industrial and manufacturing facilities, and institutions, whether treated or untreated, which are contributed to the POTW. YYY. Wastewater Treatment Plant or Treatment Plant: That portion of the POTW which is designated to provide treatment of municipal sewage and industrial waste. Article II. GENERAL SEWER USE REQUIREMENTS Section 18.05 Discharge to Public Sewers Prohibited A. General Prohibitions. No user shall introduce or cause to be introduced into the POTW any pollutant or wastewater which causes pass through or interference. These general prohibitions apply to all users of the POTW whether or not they are subject to categorical pretreatment standards or any 13 �a other National, State, or local pretreatment standards or requirements. B. Specific Prohibitions. No user shall introduce or cause to be introduced into the POTW the following pollutants, substances, or wastewater: (1) Pollutants which create a fire or explosion hazard in the POTW, including, but not limited to, wastestreams with a closed cup flashpoint of less than 140 degrees Fahrenheit or 60 degrees Centigrade using the test methods specified in 40 CFR 261.21; (2) Pollutants which will cause corrosive structural damage to the POTW, but in no case discharges with pH lower than 5.5 or greater than 10.5; (3) Solid or viscous pollutants in amounts which will cause obstruction to the flow in the POTW resulting in interference but in no case, solids greater than one-half inch in any dimension; (4) Any pollutant, including oxygen demanding pollutants (BOD, etc.) released in a discharge at a flow rate and/or concentration which will cause interference with the POTW; (S) Heat in amounts which will inhibit biological activity in the POTW resulting in interference, but in no case heat in such quantities that the temperature at the POTW Treatment Plant exceeds 40 degrees centigrade (104 degrees Fahrenheit) ; (6) Petroleum oil, nonbiodegradable cutting oil, or products of mineral oil origin in amounts that will cause interference or pass through. Any discharge of such oil is limited to 100 mg/l; (7) Any discharge of fats, oils, or greases of animal or vegetable origin in a concentration greater than 100 mg/l. (8) Pollutants which result in the presence of toxic gases, vapors, or fumes within the POTW in a quantity that may cause acute worker health and safety problems; (9) Any trucked or hauled pollutants; (10) Noxious or malodorous liquids, gases, solids, or other wastewater which either singly or by interaction with other wastes, are sufficient to create a public nuisance or a hazard to life, prevent entry into sewers for 14 �q maintenance or repair, or creates any other condition deleterious to structures or treatment processes; or requires unusual facilities, attention or expense to handle such materials; (11) Wastewater which imparts color which cannot be removed by the treatment process, such as, but not limited to, dye wastes and vegetable tanning solutions, which consequently imparts color to the treatment plant's effluent, thereby violating the City's NPDES permit; (12) Wastewater containing any radioactive wastes of isotopes except in compliance with applicable State or Federal regulations; (13) Storm water, surface water, ground water, artisan well water, roof runoff, subsurface drainage, swimming pool drainage, condensate, deionized water, noncontact cooling water, and unpolluted wastewater unless specifically authorized by the Director; (14) Sludges, screenings or other residues from the pretreatment of industrial wastes; (15) Medical wastes, except as specifically authorized by the Director in a wastewater discharge permit; (16) Wastewater causing, alone or in conjunction with other sources, the treatment plant's effluent to fail a toxicity test; (17) Detergents, surface-active agents, or other substances which may cause excessive foaming in the POTW; (18) Septic tank waste; or (19) Any wastewater that causes a hazard to human life or creates a public nuisance. C. Storage pollutants, substances, or wastewater prohibited by this section shall not be processed or stored in such a manner that they could be discharged to the POTW. Section 18.06 National Categorical Pretreatment Standards The categorical pretreatment standards found at 40 CFR Chapter I, Subchapter N, Parts 405-471 are hereby incorporated. 15 A. Where a categorical pretreatment standard is expressed only in terms of either the mass or the concentration of a pollutant in wastewater, the Director may impose equivalent concentration or mass limits in accordance with 40 CFR 403.6(c) . B. When wastewater subject to a categorical pretreatment standard is mixed with wastewater not regulated by the same standard, the Director shall impose an alternate limit using the combined wastestream formula in 40 CFR 403.6(e) . C. A user may obtain a variance from the Director from a categorical pretreatment standard if the user can prove, pursuant to the procedural and substantive provisions in 40 CFR 403.13, that factors relating to its discharge are fundamentally different from the factors considered by EPA when developing the categorical pretreatment standard. D. A user may obtain a net gross adjustment to a categorical standard in accordance with 40 CFR 403.15. Section 18.07 Local Limits The following pollutant limits are established to protect against pass through and interference. No person shall discharge wastewater containing in excess of the following local limits: Arsenic - 0.35 mg/l Cadmium - 0.06 mg/1 Chromium - 2.08 mg/1 Copper - 0.98 mg/l Cyanide - 0.09 mg/l Lead - 0.15 mg/l Mercury - less than 0.0002 mg/1 Molybdenum - 0.01 mg/1 Nickel - 1.39 mg/1 Selenium - 0.04 mg/1 Silver - 0.03 mg/l Zinc - 0.89 mg/1 The above limits apply at the point where the wastewater is discharged to the POTW. All concentrations for metallic substances are for "total" metal unless indicated otherwise. The Director may impose mass limitations in addition to, or in place of, the concentration-based limitations above. Section 18.08 City's Right of Revision The City reserves the right to establish, by Chapter or in wastewater discharge permits, more stringent standards or requirements on discharges to the POTW. 16 �56) Section 18.09 Special Agreement The City reserves the right to enter into special agreements with industrial users setting out special terms under which they may discharge to the POTW. In no case will a special agreement waive compliance with a pretreatment standard or requirement. The industrial user may, however, request a net gross adjustment to a categorical standard in accordance with 40 CFR 403.15. The IU also request a variance from the categorical pretreatment standards from EPA. Such a request will be approved only if the IU can prove that factors relating to its discharge are fundamentally different from the factors considered by EPA when establishing that pretreatment standard. An IU requesting a fundamentally different factor variance must comply with the procedural and substantive provisions in 40 CFR 403.13. Section 18.10 Dilution Prohibited No person shall ever increase the use of process water, or in any way attempt to dilute a discharge, as a partial or complete substitute for adequate treatment to achieve compliance with a discharge limitation unless expressly authorized by an applicable pretreatment standard or requirement. The Director may impose mass limitations on users who are using dilution to meet applicable pretreatment standards or requirements, or in other cases when the imposition of mass limitations is appropriate. Section 18.11 Discharge of Hauled Wastes by Truck, Rail, or Dedicated Pipeline No person shall discharge wastes, including any liquid, solid or septic tank wastes which are generated at residential, commercial or industrial facilities, to the sanitary sewer by means other than a permanent sewer connection to the public sewer system and in accordance with the provisions contained in this Chapter. This includes wastes that are transported via truck, rail or any other transportation means. Further the discharge of hazardous wastes (as defined in Section 1004 of the Resource Conservation and Recovery Act) into a pipeline connected to the public sewer, which is dedicated to only the discharge of hazardous waste, is prohibited. Section 18.12 Direct Discharges Unless authorized by the Texas Natural Resource Conservation Commission, no person shall deposit or discharge any wastewater, industrial waste, or polluted liquid on public or private property, into or adjacent to any natural outlet, natural watercourse, storm sewer, street, gutter, drainage ditch, or other area within the jurisdiction of the City. 17 Article III. PRETREATMENT OF WASTEWATER Section 18.13 Pretreatment Facilities Users shall provide wastewater treatment as necessary to comply with this Chapter and shall achieve compliance with all categorical pretreatment standards, local limits, and the prohibitions set out in Section 18.05 of this chapter within the time limitations specified by EPA, the State, or Director, whichever is more stringent. Any facilities necessary for compliance shall be provided, operated, and maintained at the user's expense. Detailed plans describing such facilities and operating procedures shall be submitted to the Director for review, and shall be acceptable to the Director before such facilities are constructed. The review of such plans and operating procedures shall in no way relieve the user from the responsibility of modifying such facilities as necessary to produce a discharge acceptable to the City under the provisions of this chapter. Section 18.14 Additional Pretreatment Measures A. Whenever deemed necessary, the Director may require users to restrict their discharge during peak flow periods, designate that certain wastewater be discharged only into specific sewers, relocate and/or consolidate points of discharge, separate sewage wastestreams from industrial wastestreams, and such other conditions as may be necessary to protect the POTW and determine the user's compliance with the requirements of this chapter. B. The Director may require any person discharging into the POTW to install and maintain, on their property and at their expense, a suitable storage and flow-control facility to ensure equalization of flow. A wastewater discharge permit may be issued solely for flow equalization. C. Grease, oil and sand interceptors shall be provided when, in the opinion of the Director, they are necessary for the proper handling of wastewater containing excessive amounts of grease and oil, or sand; except that such interceptors shall not be required for residential users. All interception units shall be of type and capacity approved by the Director and shall be so located to be easily accessible for cleaning and inspection. Such interceptors shall be inspected, cleaned, and repaired regularly, as needed, by the user at their expense. D. Users with the potential to discharge flammable substances may be required to install and maintain an approved combustible gas detection meter. 18 a4 Section 18.15 Accidental Discharge/Slug Control Plans At least once every two (2) years, the Director shall evaluate whether each significant industrial user needs an accidental discharge/slug control plan. The Director may require any user to develop, submit for approval, and implement such a plan. Alternatively, the Director may develop such a plan for any user. An accidental discharge/slug control plan shall address, at a minimum, the following: A. Description of discharge practices, including nonroutine batch discharges; B. Description of stored chemicals; C. Procedures for immediately notifying the Director of any accidental or slug discharge, as required by Section 18.35 of this chapter; D. Procedures to prevent adverse impact from any accidental or slug discharge. Such procedures include, but are not limited to, inspection and maintenance of storage areas, handling and transfer of materials, loading and unloading operations, control of plant site runoff, worker training, building of containment structures or equipment, measures for containing toxic organic pollutants, including solvents, and/or measures and equipment for emergency response. Section 18.16 Tenant Responsibility Where an owner of property leases to any other person as a tenant under any rental or lease agreement, if either the owner or the tenant is an industrial user, either or both may be held responsible for compliance with the provisions of this chapter. Section 18.17 Surcharges A. A User exhibiting none of the characteristics of wastes prohibited in Sections 18.05 or 18.10 other than a BODS or TSS concentration in excess of "normal" domestic sewage shall be required to pretreat the wastewater to meet the requirements of "normal" domestic sewage. Such wastewater may, however be accepted for treatment if all the following requirements are met: (1) The wastewater will not adversely impact the POTW. (2) Upon authorization to discharge, the User pays a surcharge over and above the existing sewer rates though a surcharge based on the following equation: 19 Surcharge = (Volume) x [BOD5/250 + TSS/3001 x (Surcharge Rate) Where: Surcharge = calculated in dollars Volume = calculated in thousands of gallons/month BODS = Result based on 24 Hour Composite Sample or Flow Proportioned Composite Sample If Available. If analytical result is less than 250 mg/l, the value is zero. TSS = Result based on 24 Hour Composite Sample or Flow Proportioned Composite Sample If Available. If analytical result is less than 300 mg/l, the value is zero. Surcharge Rate = The City's cost of treating BODS and TSS based on the previous fiscal year as determined in City of Huntsville Code of Ordinances Chapter 17, Article III. The purpose of a surcharge is to recover the City's cost of treating excessive BOD5 and TSS concentrations and to encourage users to reduce these loadings in their discharges. Once established, a surcharge shall be in full force and effect for a minimum period of three (3) months unless otherwise specified by the Director. B. The volume of wastes may be determined by the same methods used to calculate the regular sewer service charge or as a percentage (eighty-five (85) percent) of user's water bill. C. Sampling locations shall be representative of users discharge prior to the service line connection to the POTW in accordance with Section 18.44 of this chapter. D. BOD5 and TSS concentrations shall be determined from actual samples collected and analyzed in accordance with Sections 18.38 and 18.39. E. At a minimum, the user shall sample and analyze their discharge quarterly for determination of the BOD & TSS concentration discharged based on a twenty-four (24) hour composite sample. The user shall provide a copy of these results to the Director in the months of March, June, September and December. These results shall be used for the determination of the surcharge for the period specified. 20 F. The user may substitute the BOD & TSS results as determined by the City analysis for the March and September submittal identified in item D. above. Article IV. WASTEWATER DISCHARGE PERMIT ELIGIBILITY Section 18.18 Wastewater Analysis When requested by the Director, a user must submit information on the nature and characteristics of its wastewater within thirty (30) days of the request. The Director is authorized to prepare a form for this purpose and may periodically require users to update this information. Section 18.19 Discharge Permits Required A. No significant industrial user shall discharge wastewater into the POTW without first obtaining a wastewater discharge permit from the Director, except that a significant industrial user that has filed a timely application pursuant to Section 18.20 of this chapter may continue to discharge for the time period specified therein. B. The Director may require other users to obtain wastewater discharge permits as necessary to carry out the purposes of this Chapter. C. Any violation of the terms and conditions of a wastewater discharge permit shall be deemed a violation of this Chapter and subjects the wastewater discharge permittee to the sanctions set out in Articles VIII and IX of this Chapter. Obtaining a wastewater discharge permit does not relieve a permittee of its obligation to comply with all Federal and State pretreatment standards or requirements or with any other requirements of Federal, State and local law. Section 18.20 Existing Connections Any user required to obtain a wastewater discharge permit who was discharging wastewater into the POTW prior to the effective date of this Chapter and who wishes to continue such discharges in the future, shall, within one hundred eighty (180) days after said date, apply to the Director for a wastewater discharge permit in accordance with Section 18.23 of this chapter, and shall not cause or allow discharges to the POTW to continue after one hundred eighty (180) days of the effective date of this chapter except in accordance with a wastewater discharge permit issued by the Director. 21 �J Section 18.21 New Connections Any user required to obtain a wastewater discharge permit who proposes to begin or recommence discharging into the POTW must obtain such permit prior to the beginning or recommencing of such discharge. An application for this wastewater discharge permit, in accordance with Section 18.23 of this chapter, must be filed at least thirty (30) days prior to the date upon which any discharge will begin or recommence. Section 18.22 Extra-Jurisdictional Users A. Any significant industrial user located beyond the City limits shall submit a wastewater discharge permit application in accordance with Section 18.23, and obtain a wastewater discharge permit before connecting to the POTW. B. The Director may require other users located beyond the City limits to submit a wastewater discharge permit application in accordance with Section 18.23, and obtain a wastewater discharge permit before connecting to the POTW. Section 18.23 Permit Applications A. Information Required - All users required to obtain a wastewater discharge permit must submit a permit application. The Director may require all users to submit as part of an application the following information: (1) All information required by Section 18.31(B) of this chapter; (2) Description of activities, facilities, and plant processes on the premises, including a list of raw materials and chemicals used or stored at the facility that are, or could accidentally or intentionally be, discharged to the POTW; (3) Number and type of employees, hours of operation, and proposed or actual hours of operation; (4) Each product produced by type, amount process or processes, and rate of production; (5) Type and amount of raw materials processed (average and maximum per day); (6) Site plans, floor plans, mechanical and plumbing plans, and details to show all sewers, floor drains, and appurtenances by size, location, and elevation, and all points or discharge; 22 �i� (7) Time and duration of discharges; (8) Any other information as may be deemed necessary by the Director to evaluate the wastewater discharge permit application; and (9) Permit application must be signed by authorized representative in accordance with Section 18.42 of this chapter. Incomplete or inaccurate applications will not be processed and will be returned to the user for revision. B. Permit Decisions - The Director will evaluate the data furnished by the user and may require additional information. Within thirty (30) days of receipt of a complete wastewater discharge permit application, the Director will determine whether or not to issue a wastewater discharge permit subject to the terms and conditions provided herein. The Director may deny any application for a wastewater discharge permit. Article V. WASTEWATER DISCHARGE PERMIT ISSUANCE PROCESS Section 18.24 Permit Duration A wastewater discharge permit shall be issued for a specified time period, not to exceed five (5) years from the effective date of the permit. A wastewater discharge permit maybe issued for a period less than five (5) years, at the discretion of the Director. Each wastewater discharge permit will indicate a specific date upon which it will expire. Section 18.25 Permit Contents A wastewater discharge permit shall include such conditions as are deemed reasonably necessary by the Director to prevent pass through or interference, protect the quality of the water body receiving the treatment plant's effluent, protect worker health and safety, facilitate sludge management and disposal, and protect against damage to the POTW. A. Wastewater discharge permits must contain: (1) A statement that indicates wastewater discharge permit duration, which in no event shall exceed not more than five (5) years; 23 s7 (2) A statement that the wastewater discharge permit is nontransferable without prior notification to the City in accordance with Section 18.28 of this chapter, and provisions for furnishing the new owner or operator with a copy of the existing wastewater discharge permit; (3) Effluent limits based on applicable pretreatment standards; (4) Self monitoring, sampling, reporting, notification, and record-keeping requirements. These requirements shall include an identification of pollutants to be monitored, sampling location, sampling frequency, and sample type based on Federal and local law; and (5) A statement of applicable civil and criminal penalties for violation of pretreatment standards and requirements, and any applicable compliance schedule. Such schedule may not extend the time for compliance beyond that required by applicable Federal or local law. B. Wastewater discharge permits may contain, but need not be limited to, the following conditions: (1) Limits on the average and/or maximum rate of discharge, time of discharge, and/or requirements for flow regulation and equalization; (2) Limits on the instantaneous, daily, and monthly average and/or maximum concentration, mass, or other measure of identified wastewater pollutants or properties. (3) Requirements for the installation of pretreatment technology, pollution control, or construction of appropriate containment devices, designated to reduce, eliminate, or prevent the introduction of pollutants into the treatment works; (4) Requirements for the development and implementation of spill control plans or other special conditions including management practices necessary to adequately prevent accidental, unanticipated, or nonroutine discharges; (5) Development and implementation of waste minimization plans to reduce the amount of pollutants discharged to the POTW; (6) The unit charge or schedule of user charges and fees for the management of the wastewater discharged to the POTW; (7) Requirements for installation and maintenance of inspection and sampling facilities and equipment; 24 �.1 (8) A statement of compliance that the wastewater discharge permit does not relieve the permittee of responsibility for compliance with all applicable Federal and State pretreatment standards, including those which become effective during the term of the wastewater discharge permit; (9) Other conditions as deemed appropriate by the Director to ensure compliance with this Chapter, and State and Federal laws, rules, and regulations. Section 18.26 Permit Public Notification and Appeals A. Public Notification - Once a permit decision has been made and drafted, the Director will provide notice of intent to issue a pretreatment permit by including it on a City Council agenda. A permit will not be issued until after the meeting is held. The notice will indicate a location where the draft permit may be reviewed and an address where comments may be submitted. B. Appeals - The Director will provide all interested persons with notice of final permit decisions. Upon notice by the Director, any citizen, including the user, may appeal that decision to City Council. (1) The appeal must be filed within ten (10) days of the permit decision of the Director. Failure to submit a timely petition for review shall be deemed to be a waiver of the appeal. (2) In its notice of appeal to the Council, the appealing party must indicate the permit provisions and findings objected to, the reasons for the objections, and the permit action that the appealing party deems appropriate. (3) The effectiveness of the permit shall not be stayed pending a reconsideration by Council. If, after considering the petition and any arguments put forth by the Director, the Council determines that reconsideration is proper, it shall remand the permit back to the Director for reissuance. Those permit provisions being reconsidered by the Director shall be stayed pending reissuance. (4) If the Council fails to act within sixty (60) days, a request for reconsideration shall be deemed to be denied. Decisions not to reconsider a wastewater discharge permit, not to issue a wastewater discharge permit, or not to modify a wastewater discharge permit, shall be considered final administrative action for purposes of judicial review. 25 3ei (5) Aggrieved parties seeking judicial review of the final administrative wastewater discharge permit decision must do so by filing a complaint with the Texas District Court in Walker County within thirty (30) days. Section 18.27 Permit Modifications The Director may modify a wastewater discharge permit for good cause, including, but not limited to, the following reasons: A. To incorporate any new or revised Federal, State, or local pretreatment standards or requirements; B. To address significant alterations or additions to the user's operation, processes, or wastewater volume or character since the time of wastewater discharge permit issuance; C. A change in the POTW that requires either a temporary or permanent reduction or elimination of the authorized discharge; D. Information indicating that the permitted discharge poses a threat to the City's POTW, City personnel, or the receiving waters; E. Violation of any terms or conditions of the wastewater discharge permit; F. Misrepresentations or failure to fully disclose all relevant facts in the wastewater discharge permit application or in any required reporting; G. Revision of or a grant of variance from categorical pretreatment standards pursuant to 40 CFR 403.13; H. To correct typographical or other errors in the wastewater discharge permit; I. To reflect a transfer of the facility ownership or operation to a new owner or operator; or J. Upon request of the permittee, provided such request does not create a violation of any applicable requirements, standards, laws, or rules and regulations. The filing of a request by the permittee for a permit modification, revocation and reissuance, or termination, or notification of planned changes or anticipated noncompliance, does not stay any permit condition. 26 Section 18.28 Permit Transfer wastewater discharge permits may be transferred to a new owner or operator only if the permittee gives at least thirty(30) days advance notice to the Director and the Director approves the wastewater discharge permit transfer. The notice to the Director must include a written certification by the new owner or operator which: A. States that the new owner and/or operator has no immediate intent to change the facility's operations and processes; B. Identifies the specific date on which the transfer is to occur; and C. Acknowledges full responsibility for complying with the existing wastewater discharge permit. Failure to provide advance notice of a transfer renders the wastewater discharge permit void as of the date of facility transfer. Section 18.29 Permit Revocation In addition to any other enforcement action provided for by this article, the Director may revoke or deny reissuance of any permit issued under this article for one or more of the following reasons: A. Failure to notify the Director of significant changes to the wastewater prior to the changed discharge; B. Failure to provide prior notification to the Director of changed conditions pursuant to Section 18.34 of this chapter; C. Misrepresentation or failure to fully disclose all relevant facts in the wastewater discharge permit application; D. Falsifying self-monitoring reports; E. Tampering with monitoring equipment; F. Refusing to allow the Director timely access to the facility premises and records; G. Failure to meet effluent limitations; H. Failure to pay fines; I. Failure to pay sewer charges; J. Failure to meet compliance schedules; 112 7 4I K. Failure to complete a wastewater survey or the wastewater discharge permit application; L. Failure to provide advance notice of the transfer of business ownership of a permitted facility; or M. Violation of any pretreatment standard or requirement, or any terms of the wastewater discharge permit or this Chapter. Wastewater discharge permits shall be voidable upon cessation of operations or transfer of business ownership. All wastewater discharge permits issued to a particular user are void upon the issuance of a new wastewater discharge permit to that user. Section 18.30 Reissuance A user with an expiring wastewater discharge permit shall apply for wastewater discharge permit reissuance by submitting a complete permit application, in accordance with Section 18.23 of this chapter, a minimum of one hundred eighty (180) days prior to the expiration of the user's existing wastewater discharge permit. Article VI. Compliance Reporting Section 18.31 Baseline Monitoring Reports A. Within either one hundred eighty (180) days after the effective date of a categorical pretreatment standard, or the final administrative decision on a category determination under 40 CFR 403.6(a) (4) , whichever is later, existing categorical users currently discharging to or scheduled to discharge to the POTW shall submit to the Director a report which contains the information listed in paragraph B, below. At least ninety (90) days prior to commencement of their discharge, new sources, and sources that become categorical users subsequent to the promulgation of an applicable categorical standard shall submit to the Director a report which contains the information listed in paragraph B. below. A new source shall report the method of pretreatment it intends to use to meet applicable categorical standards. A new source also shall give estimates of its anticipated flow and quantity of pollutants to be discharged. B. Users described above shall submit the information set forth below. (1) Identifying Information. The name and address of the facility, including the name of the operator and owner. 28 (2) Environmental Permits. A list of any environmental control permits held by or for the facility. (3) Description of Operations. A brief description of the nature, average rate of production, and standard industrial classification of the operation(s) carried out by such user. The description should include a schematic process diagram which indicates points of discharge to the POTW from the regulated processes. (4) Flow Measurement. Information showing the measured average daily and maximum daily flow, in gallons per day, to the POTW from regulated process streams and other streams, as necessary, to allow use of the combined wastestream formula set out in 40 CFR 403.6(e) . (5) Measurement of Pollutants. (a) The categorical pretreatment standards applicable to each regulated process. (b) The results of sampling and analysis identifying the nature and concentration, and/or mass, where required by the standard or by the Director, of regulated pollutants in the discharge from each regulated process. Instantaneous, daily maximum, and long-term average concentrations, or mass, where required, shall be reported. The sample shall be representative of daily operations and shall be analyzed in accordance with procedures sect out in Section 18.38 of this Chapter. (c) Sampling must be performed in accordance with procedures set out in Section 18.39 of this Chapter. (6) Certification. A statement, reviewed by the user's authorized representative and certified by a qualifies professional, indicating whether pretreatment standards are being met on a constant basis and, if not, whether additional operation and maintenance (O&M) and/or additional pretreatment is required to meet the pretreatment standards and requirements. (7) Compliance Schedule. If additional pretreatment and/or O&M will be required to meet the pretreatment standards, the shortest schedule by which the user will provide such additional pretreatment and/or O&M. The completion date in this schedule shall not be later than the compliance date established for the applicable pretreatment standard. The following conditions shall apply to this compliance schedule: 29 3 (a) The schedule shall contain progress increments in the form of dates for the commencement and completion of major events leading to the construction and operation of additional pretreatment required for the user to meet the applicable pretreatment standards (such events include, but are not limited to, hiring an engineer, completing preliminary and final plans, executing contracts for major components, commencing and completing construction, and beginning and conducting routine operation) ; (b) No increment referred to above shall exceed nine (9) months; (c) The user shall submit a progress report to the Director no later than fourteen (14) days following each date in the schedule and final date of compliance including, as a minimum, whether or not it complied with the increment of progress, the reason for any delay, and, if appropriate, the steps being taken by the user to return to the established schedule; and justified By 40 CFR 403.12 (c) ; (d) In no event shall more than nine (9) months elapse between such progress reports to the Director. (8) Signature and Certification. All baseline monitoring reports must be signed and certified in accordance with Section 18.42 of this chapter. Section 18.32 Reports on Compliance with Categorical Pretreatment Standard Deadline Within ninety (90) days following the date for final compliance with applicable categorical pretreatment standards, or in the case of a new source following commencement of the introduction of wastewater into the POTW, any user subject to such pretreatment standards and requirements shall submit to the Director a report containing the information described in Section 18.31 (B) (4-6) of this chapter. For users subject to equivalent mass or concentration limits established in accordance with procedures in 40 CFR 403.6(c) , this report shall contain a reasonable measure of the user's long-term production rate. For all other users subject to categorical pretreatment standards expressed in terms of allowable pollutant discharge per unit of production (or other measure of operation), this report shall include the user's actual production during the appropriate sampling period. All compliance reports must be signed and certified in accordance with Section 18.42 of this chapter. ��3 0 ,T 7 Section 18.33 Periodic Compliance Reports A. All significant industrial users shall, at a frequency determined by the Director but in no case less than twice per year (in June and December), submit a report indicating the nature and concentration of pollutants in the discharge which are limited by pretreatment standards and the measured or estimated average and maximum daily flows for the reporting period. All periodic compliance reports must be signed and certified in accordance with Section 18.42 of this chapter. B. All wastewater samples must be representative of the user's discharge. Wastewater monitoring and flow measurement facilities shall be properly operated, kept clean, and maintained in good working order at all times. The failure of a user to keep its monitoring facility in good working order shall not be grounds for the user to claim that sample results are unrepresentative of its discharge. C. If a user subject to the reporting requirement in this section monitors any pollutant more frequently than required by the Director, using the procedures prescribed in Section 18.39 of this chapter, the results of this monitoring shall be included in the report. Section 18.34 Reports of Changed Conditions Each user must notify the Director of any planned significant changes to the user's operations or system which might alter the nature, quality, or volume of its wastewater at least thirty (30) days before the change. A. The Director may require the user to submit such information as may be deemed necessary to evaluate the changed condition, including the submission of a wastewater discharge permit application under Section 18.23 of this chapter. B. The Director may issue a wastewater discharge permit under Article V of this chapter or modify an existing wastewater discharge permit under Section 18.27 of this chapter in response to changed conditions or anticipated change conditions. C. For purposes of this requirement, significant changes include, but are not limited to, flow increases of twenty percent (20°s) or greater, and the discharge of any previously unreported pollutants. 31 Section 18.35 Resorts of Potential Problems A. In the case of any discharge, including, but not limited to, accidental discharges, discharges of a nonroutine, episodic nature, a noncustomary batch discharge, or a slug load, that may cause potential problems for the POTW, the user shall immediately telephone and notify the Director of the incident. This notification shall include the location of the discharge, type of waste, concentration and volume, if known, and corrective actions taken by the user. B. Within five (5) days following such discharge, the user shall, unless waived by the Director, submit a detailed written report describing the cause(s) of the discharge and the measures to be taken by the user to prevent similar future occurrences. Such notification shall not relieve the user of any expense, loss, damage, or other liability which may be incurred as a result of damage to the POTW, natural resources, or any other damage to person or property; nor shall such notification relieve the user of any fines, penalties, or other liability which may be imposed pursuant to this chapter. C. A notice shall be permanently posted on the user's bulletin board or other prominent place advising employees whom to call in the event of a discharge described in paragraph A, above. Employers shall ensure that all employees, who may cause such a discharge to occur, are advised of the emergency notification procedure. Section 18.36 Reports from Unpermitted Users All users not required to obtain a wastewater discharge permit shall provide appropriate reports to the Director as the Director may require. Section 18.37 Notice of Violation/Repeat Sampling and Reporting If sampling performed by a user indicates a violation: A. The user must notify the Director within twenty-four (24) hours of becoming aware of the violation. B. The user shall repeat the sampling and analysis and submit the results of the repeat analysis to the Director within thirty (30) days after becoming aware of the violation, unless the user already samples on a monthly frequency, or if the Director samples between the user's initial sampling and when the user receives the results of this sampling. C. The actions described in A and B above are not required for BODS and TSS monitoring when the surcharge limit is exceeded. 32 Section 18.38 Analytical Requirements All pollutant analysis, including sampling and sample preservation techniques, to be submitted as part of a wastewater discharge permit application or report shall be performed in accordance with the techniques prescribed in 40 CFR Part 136, unless otherwise specified in an applicable categorical pretreatment standard. If 40 CFR Part 136 does not contain sampling or analytical techniques for the pollutant in question, sampling and analysis must be performed in accordance with procedures approved by EPA. Section 18.39 Sample Collection A. Except as indicated in Section B below, the user must collect wastewater samples using flow proportional composite collection techniques. In the event flow proportional sampling is infeasible, the Director may authorize the use of time proportional sampling or a minimum of four (4) grab samples where the user demonstrates that this will provide a representative sample of the effluent being discharged. B. Samples for oil and grease, temperature, pH, cyanide, phenols, sulfides, and volatile organic compounds must be obtained using grab collection techniques. C. Samples shall be taken at monitoring points specified by the Director, and such locations shall not be changed without notification to, and the approval of, the Director. Section 18.40 Timing Written reports will be deemed to have been submitted on the date postmarked. For reports which are not mailed, postage prepaid, into a mail facility served by the United States Postal Service, the date of receipt of the report shall govern. Section 18.41 Record Keeping Users subject to the reporting requirements of this Chapter shall retain, and make available for inspection and copying, all records of information obtained pursuant to any monitoring activities required by this Chapter and any additional records of information obtained pursuant to monitoring activities undertaken by the user independent of such requirements. Records shall include the date, exact place, method, and time of sampling, and the name of the person(s) taking the samples; the dates analysis were performed; who performed the analysis; the analytical techniques or methods used; and the results of such analysis. The records shall remain available for a period of at least three (3) years. 33 This period shall be automatically extended for the duration of any litigation concerning the user or the City, or where the user has been specifically notified of a longer retention period by the Director. Section 18.42 Certification Required All wastewater discharge permit applications and user reports must be signed by an authorized representative of the user and contain the following certification statement: "I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations." Section 18.43 Falsifying Information Knowingly making any false statement an any report or other document required by this article or knowingly rendering any monitoring device or method inaccurate, is a crime and may result in the imposition of criminal sanctions and/or civil penalties. Article VII Compliance Monitoring Section 18.44 Right of Entry: Inspection and Sampling The Director shall have the right to enter the premises of any user to determine whether the user is complying with all requirements of this Chapter and any wastewater discharge permit or order issued hereunder. Users shall allow the Director ready access to all parts of the premises for the purposes of inspection, sampling, record examination and copying, and the performance of any additional duties. Significant industrial users shall be inspected and sampled at least once per year. A. Where a user has security measures in force which require proper identification and clearance before entry into its premises, the user shall make necessary arrangements with its security guards so that, upon presentation of suitable identification, the Director will be permitted to enter without delay for the purposes of performing specific responsibilities. 34 B. The Director, State or EPA shall have the right to set up on the user's property, or require installation of, such devices as are necessary to conduct sampling and/or metering of the user's operations. C. The Director may require the user to install, at its own expense, an approved manhole or sampling point_ Such manhole or sampling point shall be accessible and safe, and located such that the samples may be taken immediately downstream from the pretreatment facilities if such exist, or immediately downstream from the regulated process if no pretreatment exists, and shall be constructed in accordance with plans approved by the Director. D_ The Director may require the user to install monitoring equipment as necessary. The facility's sampling and monitoring equipment shall be maintained at all times in a safe and proper operating condition by the user at its own expense. All devices used to measure wastewater flow and quality shall be calibrated at least annually to ensure accuracy. E. Any temporary of permanent obstruction to safe and easy access to the facility to be inspected and/or sampled shall be promptly removed by the user at the written or verbal request of the Director and shall not be replaced. The costs of clearing such access shall be born by the user. F. Unreasonable delays in allowing the Director access to the user's premises shall be a violation of this chapter. G. The Director or duly authorized representative shall observe all safety rules applicable to the user's facility during inspections and sampling events. Section 18.45 Search Warrants If the Director has been refused access to a building, structure, or property, or any part thereof, and is able to demonstrate probable cause to believe that there may be a violation of this Chapter, or that there is a need to inspect and/or sample as part of a routine inspection and sampling program of the City designed to verify compliance with this Chapter or any permit or order issued hereunder, or to protect the overall public health, safety, and welfare of the community, then the City Attorney shall petition the Municipal Court Judge of the City to issue a search and/or seizure warrant describing therein the specific location subject to the warrant. The warrant shall specify what, if anything, may be searched and/or seized on the property described. Such warrant shall be served at reasonable hours by the Director in the company of a uniformed police officer of the City. 35 In the event of an emergency affecting public health and safety, inspections shall be made without the issuance of a warrant. Section 18.46 Confidential Information Information and data on a user obtained from reports, surveys, wastewater discharge permit applications, wastewater discharge permits, and monitoring programs and from the Director's inspection and sampling activities, shall be available to the public without restriction, unless the user specifically requests, and is able to demonstrate to the satisfaction of the Director, that the release of such information would divulge information, processes, or methods of production entitled to protection as trade secrets under applicable State law. Any such request must be asserted at the time of submission of the information or data by stamping the words "confidential business information" on each page containing such information. When requested and demonstrated by the user furnishing a report that such information should be held confidential, the portions of a report which might disclose trade secrets or secret processes shall not be made available for inspection by the public, but shall be made available immediately upon request to governmental agencies for uses related to the NPDES and State discharge and/or pretreatment program, and in enforcement proceedings involving the person furnishing the report. Wastewater constituents and characteristics and other "effluent data" as defined by 40 CFR 2.302 will not be recognized as confidential information and will be made available to the public without restriction. Section 18.47 Publication of Users in Significant Noncompliance The Director shall publish annually, in the largest daily newspaper published in the municipality where the POTW is located, a list of the users which, during the previous twelve (12) months, were in significant noncompliance with applicable pretreatment standards and requirements. The term significant noncompliance shall mean: A. Chronic violations of wastewater discharge limits, defined here as those in which sixty-six percent or more of all measurements taken during a six month period exceed (by any magnitude) the daily maximum limit or the average limit for the same pollutant parameter; B. Technical Review Criteria (TRC) violations, defined here as those in which thirty-three percent or more of all of the measurements for each pollutant parameter taken during a six month period equal or exceed the product of the daily maximum limit or the average limit multiplied by the applicable TRC (TRC = 1.4 for BOD, TSS, fats, oil and grease, and 1.2 for all other pollutants except pH.) ; 36 C. Any other violation that the Director determines has caused, alone or in combination with other discharges, interference or pass through including endangering the health of POTW personnel or the general public; D. Any discharge of a pollutant that has caused imminent endangerment to human health, welfare or to the environment or has resulted in the Director's exercise of its emergency authority to halt or prevent such a discharge; E. Failure to meet, within 90 days after the schedule date, a compliance schedule milestone contained in a local control mechanism or enforcement order for starting construction, completing construction, or attaining final compliance; F. Failure to provide, within 30 days after the due date, any required reports, including baseline monitoring reports, reports on compliance with categorical pretreatment standard deadlines, periodic self-monitoring reports, and reports on compliance with compliance schedules; G. Failure to accurately report noncompliance; or H. Any other violation(s) which the Director determines will adversely affect the operation or implementation of the local pretreatment program. Article VIII ADMINISTRATIVE ENFORCEMENT REMEDIES Section 18.48 Notification of Violation When the Director finds that a user has violated, or continues to violate, any provision of this Chapter, a wastewater discharge permit or order issued hereunder, or any other pretreatment standards or requirement, the Director may serve upon that user a written Notice of Violation. Within thirty (30) days of the receipt of this notice, an explanation of the violation and a plan for the satisfactory correction and prevention thereof, to include specific required actions, shall be submitted by the user to the Director. Submission of this plan in no way relieves the user of liability for any violations occurring before or after receipt of the Notice of Violation. Nothing in this section shall limit the authority of the Director to take any action, including emergency actions or any other enforcement action, without first issuing a Notice of Violation. 37 51 Section 18.49 Consent Orders The Director may enter into Consent Orders, assurances of voluntary compliance, or other similar documents establishing an agreement with any user responsible for noncompliance. Such documents will include specific action to be taken by the user to correct the noncompliance within a time period specified by the document. Such documents shall have the same force and effect as the administrative orders issued pursuant to Sections 18.51 and 18.52 of this Chapter and shall be judicially enforceable. Section 18.50 Show Cause Hearing The Director may order a user who has violated, or continues to violate, any provision of this Chapter, a wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement, to appear before the Director and show cause why the proposed enforcement action should not be taken. Notice shall be served on the user specifying the time and place for the meeting, the proposed enforcement action, the reasons for such actions, and a request that the user show cause why the proposed enforcement action should not be taken. The notice of the meeting shall be served personally or by registered or certified mail (return receipt requested) at least ten (10) days prior to the hearing. Such notice may be served on any authorized representative of the user. A show cause hearing shall not be a bar against, or prerequisite for, taking any other action against the user. Section 18.51 Compliance Orders When the Director finds that a user has violated, or continues to violate, any provisions of this Chapter, a wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement, the Director may issue an order to the user responsible for the discharge directing that the user come into compliance within a specified time. If the user does not come into compliance within the time provided, sewer service may be discontinued unless adequate treatment facilities, devices, or other related appurtenances are installed and properly operated. Compliance orders also may contain other requirements to address the noncompliance, including additional self-monitoring and management practices designed to minimize the amount of pollutants discharged to the sewer. A compliance order may not exceed the deadline for compliance established for a pretreatment standard or requirement, nor does a compliance order relieve the user of liability for any violation, including any continuing violation. Issuance of a compliance order shall not be a bar against, or a prerequisite for, taking any other action against the user. 38 51. Section 18.52 Cease and Desist Orders When the Director finds that a user has violated, or continues to violate, any provision of this Chapter, a wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement, or that the user's past violations are likely to recur, the Director may issue an order to the user directing it to cease and desist all such violations, and directing the user to: A. Immediately comply with all requirements; and B. Take such appropriate remedial or preventive action as may be needed to properly address a continuing or threatened violation, including halting operations and/or terminating the discharge. Issuance of a cease and desist order shall not be a bar against, or a prerequisite for, taking any other action against the user. Section 18.53 Emergency Suspensions The Director may immediately suspend a user's discharge, after informal notice to the user, whenever such suspension is necessary to stop an actual or threatened discharge which reasonably appears to present or cause an imminent or substantial endangerment to the health or welfare of persons. The Director may also immediately suspend a user's discharge, after notice and opportunity to respond, that threatens to interfere with the operation of the POTW, or which presents, or may present, an endangerment to the environment. A. Any user notified of a suspension of its discharge shall immediately stop or eliminate its contribution. In the event of a user's failure to immediately comply voluntarily with the suspension order, the Director may take such steps as deemed necessary, including immediate severance of the sewer connection, to prevent or minimize damage to the POTW, its receiving stream, or endangerment to any individuals. The Director may allow the user to recommence its discharge when the user has demonstrated to the satisfaction of the Director that the period of endangerment has passed, unless the termination proceedings in Section 18.54 of this Chapter are initiated against the user. B. A user that is responsible, in whole or in part, for any discharge presenting imminent endangerment shall submit a detailed written statement, describing the causes of the harmful contribution and the measures taken to prevent any future occurrence, to the Directorprior to the date of any show cause or termination hearing under Sections 18.50 or 18.54 respectively. 39 53 C. Nothing in this section shall be interpreted as requiring a hearing prior to any emergency suspension under this section. Section 18.54 Termination of Discharge In addition to the provisions in Section 18.29 of this chapter, any user who violates the following conditions is subject to discharge termination: A. Violation of wastewater discharge permit conditions; B. Failure to accurately report the wastewater constituents and characteristics of its discharge; C. Failure to report significant changes in operations or wastewater volume, constituents, and characteristics prior to discharge; D. Refusal of reasonable access to the user's premises for the purpose of inspection monitoring, or sampling; or E. Violation of the pretreatment standards in Section 18.05 of this chapter. Such user will be notified of the proposed termination of its discharge and be offered an opportunity to show cause under Section 18.50 of this Chapter why the proposed action should not be taken. Exercise of this option by the Director shall not be a bar to, or a prerequisite for, taking any other action against the user. Article IX JUDICIAL ENFORCEMENT REMEDIES Section 18.55 Consent Decree When the Director finds that a user has violated, or continues to violate, any provision of this chapter, a wastewater discharge permit, or order issued hereunder, or any other pretreatment standard of requirement, the Director and the industrial user may petition the State District Court or County Court at Law for a consent agreement for the actions required to attain compliance with the wastewater discharge permit, order, or other requirement imposed by this Chapter. Section 18.56 Injunctive Relief When the Director finds that a user has violated a pretreatment standard or requirement, or continues to violate the provisions of this Chapter, a wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement, the Director may petition the State District Court or County Court at 40 Law through the City Attorney for the issuance of a temporary or permanent injunction, as appropriate, which restrains or compels the specific performance of the wastewater discharge permit, order, or other requirement imposed by this Chapter on activities of the user. A petition for injunctive relief shall not be a bar against, or a prerequisite for, taking any other action against a user. Section 18.57 Civil Penalties A. A user who has violated, or continues to violate any provision of this Chapter, a wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement shall be liable to the City for a civil penalty of not less than fifty dollars ($50.00) nor more than two thousand dollars ($2,000.00) per violation per day. In the case of a monthly or other long-term average discharge limit, penalties shall accrue for each day during the period of the violation. B. The Director may recover reasonable attorneys' fees, court costs, and other expenses associated with enforcement activities including sampling and monitoring expenses, and the cost of any actual damages incurred by the City. C. In determining the amount of civil liability, the Court shall take into account all relevant circumstances, including, but not limited to, the extent of harm caused by the violation, the magnitude and duration of the violation, any economic benefit gained through the user's violation, corrective actions by the user, the compliance history of the user, and any other factor as justice requires. D. Any person discharging a pollutant which results in the imposition of penalties by any person or regulatory authority on the City shall be liable for said penalties and any other costs incurred thereby. E. Filing a suit for civil penalties shall not be a bar against, or a prerequisite for, taking any other action against a user. Section 18.58 Criminal Prosecution A. A person commits an offense if the person willfully or negligently violates any provision of this chapter, a wastewater discharge permit, or other order issued hereunder, or any other pretreatment standard or requirement. 41 B. A person commits an offense if the person willfully or negligently introduces any substance into the POTW which causes personal injury or property damage. This penalty shall be in addition to any other cause of action for personal injury or property damage available under State law. C. A person commits an offense if the person knowingly makes any false statements, representations, or certifications in any application, record, report, plan, or other documentation files, or required to be maintained, pursuant to this Chapter, wastewater discharge permit, or order issued hereunder, or who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required under this Chapter. D. Any offense under this chapter shall be punishable by a fine not to exceed two thousand dollars ($2,000.00) . E. The City is entitled to pursue all other civil and criminal remedies to which it is entitled under the authority of statutes or other Chapters against a person continuing prohibited discharges or violating any other provision of this Chapter. Section 18.59 Remedies Nonexclusive The remedies provided for in this Chapter are not exclusive. The City reserves the right to take all, or any combination of these actions against a noncompliant user. Enforcement of pretreatment violations will generally be in accordance with the City's Enforcement Response Plan. The Director may, however, take other action against any user when the circumstances warrant. Further, the City is empowered to take more than one enforcement action against any noncompliant user. These actions may be taken concurrently. Article X. SUPPLEMENTAL ENFORCEMENT ACTION Section 18.60 Performance Bonds The Director may decline to issue or reissue a wastewater discharge permit to any user who has failed to comply with any provision of this chapter, a previous wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement, unless such user first files a satisfactory bond, payable to the City, in a sum not to exceed a value determined by the Director to be necessary to achieve consistent compliance. 42 54 Section 18.61 Water Supply Severance Whenever a user has violated or continues to violate any provision of this chapter, a wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement, water service to the user may be severed. Service will only recommence at the user's expense, after it has satisfactorily demonstrated its ability to comply. Section 18.62 Public Nuisances A violation of any provision of this chapter, a wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement is hereby declared a public nuisance and shall be corrected or abated as directed by the Director. Section 18.63 Increased Monitoring and Reporting When a user has demonstrated a history of noncompliance, the Director may increase surveillance of that industry, including but not limited to, additional self-monitoring and reporting. Article XI. AFFIRMATIVE DEFENSES TO DISCHARGE VIOLATIONS Section 18.64 Upset A. For the purposes of this section, "upset" means an exceptional incident in which there is unintentional and temporary noncompliance with categorical pretreatment standards because of factors beyond the reasonable control of the user. An upset does not include noncompliance to the extent caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance, or careless or improper operation. B. An upset shall constitute an affirmative defense to an action brought for noncompliance with categorical pretreatment standards if the requirements of paragraph (C) below, are met. C. A user who wishes to establish the affirmative defense of upset shall demonstrate, through properly signed contemporaneous operating logs, or other relevant evidence that: (1) An upset occurred and the user can identify the cause(s) of the upset; 43 57 (2) The facility was at the time being operated in a prudent and workman-like manner and in compliance with applicable operation and maintenance procedures; and (3) The user has submitted the following information to the Director orally within twenty-four (24) hours of becoming aware of the upset with a written submission provided within five (5) days: (a) A description of the indirect discharge and cause of noncompliance; (b) The period of noncompliance, including exact dates and times or, if not corrected, the anticipated time the noncompliance is expected to continue; and (c) Steps being taken and/or planned to reduce, eliminate, and prevent recurrence of the noncompliance. D. In any enforcement proceeding, the user seeking to establish the occurrence of an upset shall have the burden of proof. E. Users will have the opportunity for a judicial determination on any claim of upset only in an enforcement action brought for noncompliance with categorical pretreatment standards. F. Users shall control production of all discharges to the extent necessary to maintain compliance with categorical pretreatment standards upon reduction, loss, or failure of its treatment facility until the facility is restored or an alternative method of treatment is provided. This requirement applies in the situation where, among other things, the primary source of power of the treatment facility is reduced, lost, or fails. Section 18.65 Prohibited Discharge Standards A user shall have an affirmative defense to an enforcement action brought against it for noncompliance with the general and specific prohibitions in Section 18.05 of this chapter if it can prove that it did not know, or have reason to know, that its discharge, alone or in conjunction with discharges from other sources, would cause pass through or interference and that either: A. A local limit exists for each pollutant discharged and the user was in compliance with each limit directly prior to, and during, the pass through or interference; or 444 5U B. No local limit exists, but the discharge did not change substantially in nature or constituents from the user's prior discharge when the City was regularly in compliance with its NPDES and/or State permit(s) , and in the case of interference, was in compliance with applicable sludge use or disposal requirements. Section 18.66 Bypass A. For the purposes of this section, (1) "Bypass" means the intentional diversion of wastestreams from any portion of a user's treatment facility. (2) "Severe property damage" means substantial physical damage to property, damage to the treatment facilities which causes them to become inoperable, or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence ofa bypass. Severe property damage does not mean economic loss caused by delays in production. B. A user may allow any bypass to occur which does not cause pretreatment standards or requirements to be violated, but only if it also is for essential maintenance to assure efficient operation. These bypasses are not subject to the provisions of paragraphs (C) and (D) of this section. C. (1) If a user knows in advance of the need for a bypass, it shall submit prior notice to the Director, at least ten (10) days before the date of the bypass, if possible. (2) A user shall submit oral notice to the Director of an unanticipated bypass that exceeds applicable pretreatment standards within twenty-four (24) hours from the time it becomes aware of the bypass. A written submission shall also be provided within five (5) days of the time the user becomes aware of the bypass. The written submission shall contain a description of the bypass and its cause; the duration of the bypass, including exact dates and times, and, if the bypass has not been corrected. the anticipated time it is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the bypass. The Director may waive the written report on a case-by-case basis if the oral report has been received within twenty-four (24) hours. D. (1) Bypass is prohibited, and the Director may take an enforcement action against a user for a bypass, unless (a) Bypass was unavoidable to prevent loss of life, personal injury, or severe property damage; 45 5� (b) There were no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities, retention of untreated wastes, or maintenance during normal periods of equipment downtime. This condition is not satisfied if adequate back-up equipment should have been installed in the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventive maintenance; and (c) The user submitted notices as required under paragraph (C) of this section. (2) The Director may approve an anticipated bypass, after considering its adverse effects, if the Director determines that it will meet the three conditions listed in paragraph (D) (1) of this section. Article XII. INDUSTRIAL SEWER RATES Section 18.67 Sewer Service Rates When a user's wastewater discharge is acceptable for treatment by the City's POTW, the user shall provide payment for sewer service which covers the costs of receiving, handling, and treating such wastewater. Rates for service shall be as approved by Council as shown in Chapter 17, Article III in the City of Huntsville Code of Ordinances. Section 18.68 Metering In the event that any user discharging to the City's POTW is supplied partially or entirely by water not supplied by the City, and the water so supplied is not completely measured by a City water meter, or a meter acceptable to the Director, then the total amount of water so used and supplied shall be otherwise measured or determined by the Director in order to determine the fair and reasonable charge to be made for sewer service provided. The user may install and maintain a meter acceptable to the Director for said purpose. In the interest of equity, the Director may require the discharger to provide an acceptable measuring device at a location accessible for reading and checking to determine the quantity of waste being discharged. Section 18.69 Rate Review Sewer rates shall be reviewed periodically and shall be adjusted as necessary in accordance with State and Federal regulations for the determination of such rates. 46 �b Section 18.70 Billing of Surcharges Surcharges shall be included as a separate item on the user's regular bill for water and sewer charges and shall be paid monthly in accordance with existing practices. Surcharges shall be paid at the same time the sewer charges of the person become due and payment for sewer services shall not be accepted without payment also of sewer service. User's failing to pay all charges will be subject to enforcement actions as found in Articles VIII and IX of this chapter. See Chapter 17, Article III. Article XIII. MISCELLANEOUS PROVISIONS Section 18.71 Right to Assess The City may adopt reasonable charges and fees for reimbursement of costs setting up and operating the City's Pretreatment Program. See Chapter 17, Article III. Section 18.72 Charges and Fees Charges and fees which may be adopted by the City include: A. Fees for wastewater discharge permit applications including the cost of processing such applications; B. Fees for monitoring, inspection, and surveillance procedures including the cost of collection and analyzing a user's discharge, and reviewing monitoring reports submitted by users; C. Fees for reviewing and responding to accidental discharge procedures and construction; and D. Other fees as the Director may deem necessary to carry out the requirements contained herein. These fees relate solely to the matters covered by this chapter and are separate from all other fees, fines, and penalties chargeable by the City. See Chapter 17, Article III. 47 �1 RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: ORDINANCE 95-10 AMEND TOW TRUCKS(CHAPTER 4A) 3-21-95 ORDINANCE NO.95-10 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, AMENDING CHAPTER 4A, TOW TRUCKS,OF ITS CODE OF ORDINANCES OF THE CITY OF HUNTSVILLE, TEXAS TO REQUIRE CITY PERMITTED WRECKERS BE STATIONED IN THE CITY OR ITS EXTRA-TERRITORIAL JURISDICTION; INCREASING FEES FOR SERVICES; PROVIDING FOR A FIND OF UP TO$500 FOR VIOLATIONS;PROVIDING FOR PUBLICATION;AND MAKING OTHER PROVISIONS AND FINDINGS RELATED THERETO. WHEREAS Congress adopted the Federal Aviation Administration Act of 1994 which purports to deregulate certain intrastate commerce effective January 1, 1995; NOW,THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE,TEXAS,that: Section 1: Chapter 4A,Tow Trucks, Section 4A-3(e)of the Code of the City of Huntsville shall be deleted. Section 2: Chapter 4A, Tow Trucks, Section 4A-4 of the Code of the City of Huntsville shall be amended to read as follows: Sec. 4A-4. Tow Truck Requirements. All city permitted tow trucks shall, in addition to the state's tow truck standards, meet the following minimum requirements: (a) Have at least three-fourths (314)ton (minimum gross vehicle weight)in capacity as reflected on the manufacturer's certificate. If the vehicle does not have a manufacturer's certificate, then the gross vehicle weight shall be determined by a testing procedure approved by the city manager. All such vehicles shall be equipped with booster brakes or air brakes; (b) Shall be in such condition that it can safely and reliably be used as a tow truck; (c) Each permit holder shall own and have access to one dolly;provided,however,that any permit holder with more than one permit shall have one dolly for every two (2)tow trucks on the rotation list; (d) Each tote truck permitted shall be stationed within the corporate limits of the City of Huntsville or its extra-territorial jurisdiction(ETJ). Section 3: Chapter 4A,Tow Trucks,Section 4A-7(h)of the Code of the City of Huntsville be changed to read as follows: (h) The following maximum fees may be charged by permit holders under this section for the use of the tow truck designated and no additional charges may be made: *All police directed tows. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $45.00 *Use of dollies25.00 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . *Winching for a vehicle from a ditch for righting an overturned vehicle or for similar unusual circumstances . . . . . . . . . . . . . . . . . . . . . . . . . 25.00 *Removal of waste debris generated by the collision or waiting not including the first hour,per hour. . . . . . . . . . . . . . . . . . . . . . . . . . . 25.00 *Storage of towed vehicles,per day(No charge if vehicle stored for less than twelve(I2)hours) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10.00 *Notification(State regulated)(Owner and Lien Holder) . . . . . . . . . . . . 25.00 *Preservation(State regulated). . . . . . . . . . . . . . . . . . . . . . . . . . . . . I0.00 *All other labor, charges, storage . . . . . . . . . . . . . . Usual and customary rates Section 4: Any person, firm or corporation violating any provision of this ordinance or failing to comply with any requirement of the ordinance will be guilty of a misdemeanor and subject to a fine of up to five hundred($500.00)dollars upon conviction. Each day during or upon which said person shall violate or continue violation of any provision of this ordinance or non-compliance with any requirement of this ordinance shall constitute a distinct and separate offense. The violation of any provision of the ordinance or the failure to comply with any requirement of this ordinance shall each constitute a distinct and separate offense. Section 5: If any section, subsection, sentence,clause,phrase or portion of this ordinance is for any reason held invalid or unconstitutional, such portion shall be deemed a separate,distinct and independent provision and such holding shall not affect any of the remaining provisions of this ordinance. Section 6: All ordinances and parts of ordinances in conflict with the provisions of this ordinance are hereby repealed; provided,however,that such repeal shall be only to the extent of such inconsistency and in all other respects this ordinance shall be cumulative of other ordinances regulating and governing the subject matter covered by this ordinance. Section 7: This ordinance shall take effect ten (10) days after its passage by the City Council. The City Secretary shall publish the caption of this ordinance in the official City newspaper at least twice within ten(10)days of its passage. PASSED AND APPROVED THIS 21ST DAY OF MARCH, 1995. THE CITY OF HUNTSVILLE illiam B. Green,Mayor ATTE T: Danna Welter, City Secretary APPR ED T FO Sco t Bou s, City Attorney RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: ORDINANCE 95-11 REMOVE STOP SIGNS(SYCAMORE/PALM) 3-21-95 ORDINANCE NO.95-11 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, AMENDING CHAPTER 12, MOTOR VEHICLES AND TRAFFIC, OF ITS CODE OF ORDINANCES BY REMOVING STOP SIGNS AT THE INTERSECTION ON SYCAMORE STREET AT PALM STREET; MAKING OTHER RELATED FINDINGS AND PROVISIONS RELATED THERETO; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, THAT: Section 1: The following described intersection is removed as a four-way stop intersection: Intersection At Designated Palm Street Sycamore 4-Way Stop by removing the stop signs on Sycamore Street. Section 2: Schedule VIII,Stop Intersections,of Chapter 12,Motor Vehicles and Traffic,of the Code of Ordinances of the City of Huntsville, Texas, shall be revised to reflect the amendments made by this ordinance as follows: Intersection At Designated Palm Street Sycamore 2-Way Stop Section 3: The City Manager is authorized and directed to cause the posting of proper signs at the above described intersection. Section 4: It shall be unlawful for driver of a vehicle to disobey the instruction of the signs placed in accordance with the provisions of this ordinance unless at the time otherwise directed by a Police Officer. Section 5: Any person, firm or corporation violating any provision of this ordinance or failing to comply with any requirement of the ordinance will be guilty of a misdemeanor and subject to a fine of up to five hundred($500.00)dollars upon conviction. The violation of any provision of the ordinance or the failure to comply with any requirement of this ordinance shall each constitute a distinct and separate offense. Section 6: If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect any of the remaining provisions of this ordinance. Section 7: All ordinances and parts of ordinances in conflict with the provisions of this ordinance are hereby repealed; provided,however,that such repeal shall be only to the extent of such inconsistency and in all other respects this ordinance shall be cumulative of other ordinances regulating and governing the subject matter covered by this ordinance. Section S: This ordinance shall take effect ten (10) days after its passage by the City Council. The City Secretary shall publish the caption of this ordinance in the official City newspaper at least twice within ten(10)days of its passage. PASSED AND APPROVED THIS 21ST DAY OF MARCH, 1995. THE CITY OFHUNTSVILLE H 1 `ild lFH William B. Green,Mayor �ATTi1EST: Danna Welter, City Secretary Ior; s, Cityorney RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: ORDINANCE 95-13 DESIGNATING DRUG FREE ZONES 4-25-95 ORDINANCE NO.95-13 AN ORDINANCE OF THE CITY OF HUNTSVILLE,TEXAS,APPROVING THE MAP PRODUCED BY THE MUNICIPAL ENGINEER FOR THE PURPOSE OF SHOWING THE LOCATION AND BOUNDARIES OF DRUG-FREE ZONES IN THE CITY; DIRECTING THE MUNICIPAL ENGINEER FILE THE MAP WITH THE COUNTY CLERK; AND MAKING OTHER FINDINGS AND PROVISIONS RELATED THERETO. WHEREAS Texas Health and Safety Code sections 481.134 and 481.135 provide for drug- free zones and maps as evidence of location or area of such zones;and WHEREAS the City Council of the City of Huntsville, Texas, has previously requested that the City Engineer for the City produce a map for the purpose of showing the location and boundaries of drug-free zones; and WHEREAS the City Engineer has provided a copy of the map to the City for its consideration and approval; and WHEREAS the City's Parks Board reviewed the map; NOW,THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE,TEXAS,that: SECTION 1: City Council approves the map prepared by the City Engineer for the purpose of showing the location and boundaries of drug-free zones in the City of Huntsville, Texas, which is attached as Exhibit A, as an official finding and record of the location of the boundaries of those areas in the City as provided by state law. SECTION 2: The City Engineer is directed to file a copy of the map with the county clerk of Walker County. SECTION 3: The City Secretary is directed to provide a copy of this ordinance to the District Attorney,the Walker County Sheriff,the Huntsville Independent School District Board, Sam Houston State University,video arcade facilities and youth centers, if any,designated on the map, and the local narcotics task force. SECTION 4: This ordinance shall take effect immediately. PASSED AND APPROVED on the 25th day of April, 1995. THE CITY OF HUUNNTSVVIIILLLE William B. Green,Mayor ATTEST: J Danna Welter, City Secretary APPROV JD AS TO FORM: f Scott Bounds,City A torney I � N�►1�%tsars.�.- a �p. i's�i=y'a��lt1i�� ,g �I/P1110 aafi�� 4 f�, � ♦ �w7a art � 7r ILOOO'DRU _ E © s O 'D Q 0 0 . • ZONE bLAP AN M� A� • I 'I I r1 RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: ORDINANCE 95-12 NO PARKING ZONES(VARIOUS) 4-11-95 ORDINANCE NO. 95-12 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE,TEXAS,AMENDING CHAPTER 12,MOTOR VEHICLES AND TRAFFIC, OF ITS CODE OF ORDINANCES BY ESTABLISHING NO PARKING ZONES ON AVENUE I, SAM HOUSTON AVENUE, BROOKHOLLOW DRIVE, SYCAMORE, AVENUE N, AND 19TH STREET; PROVIDING A PENALTY OF UP TO $500 A DAY FOR CERTAIN VIOLATIONS; MAKING OTHER FINDINGS AND PROVISIONS RELATED THERETO; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, THAT: Section 1: The following described curb zones and areas are designated as no parking zones: Street Name Side of Street Limits Tyne Avenue I East Front 14th Street at the corner No Parking at Any Time of the Walls Unit north 166' past afire hydrant Sam Houston Ave. West From 11th Street north 182' No Parking at Any Time toward 10th Street Brookhollow Drive South Front River Oaks Drive to Parking at Any Time (Elkins Lake) 770'east of River Oaks Dr. Sycamore Both Front 16th Street south 300' No Parking at Any Time toward 17th Street Avenue N East Front 19th Street 140'south No Parking Any Time toward 20th Street Avenue N West Front 20th Street to 20 112 Street No Parking Any Tinte 19th Street North Front Avenue O east to 1150' No Parking Any Tine past Avenue L 112 Section 2: Schedule III, No Parking Zones, and Schedule IV, Parking Limit Zones, of Chapter 12,Motor Vehicles and Traffic, of the Code of Ordinances of the City of Huntsville, Texas, shall be revised to reflect the amendments made by this ordinance. Section 3: The City Manager is authorized and directed to cause the posting of proper signs along the above described streets and parking zones. Section 4: It shall be unlawful for driver of a vehicle to disobey the instruction of the signs placed in accordance with the provisions of this ordinance unless at the time otherwise directed by a Police Officer. Section 5: Any person, firm or corporation violating any provision of this ordinance or failing to comply with any requirement of the ordinance will be guilty of a misdemeanor and subject to a fine of up to five hundred($500.00)dollars upon conviction. Section 6: If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional,such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect any of the remaining provisions of this ordinance. Section 7: All ordinances and parts of ordinances in conflict with the provisions of this ordinance are hereby repealed; provided,however,that such repeal shall be only to the extent of such inconsistency and in all other respects this ordinance shall be cumulative of other ordinances regulating and governing the subject matter covered by this ordinance. Section 8: This ordinance shall take effect ten (10) days after its passage by the City Council. The City Secretary shall publish the caption of this ordinance in the official City newspaper at least twice within ten(10)days of its passage. PASSED AND APPROVED THIS 11TH DAY OF APRIL, 1995. THE CITY OF HUNTS ILLE William B. Green,Mayor ATT ST: l,U `Dana Welter, City Secretary AP OVE Scott Bo nds, City Attorney i RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: ORDINANCE 95-14 SET POPULATION-34,592 4-25-95 ORDINANCE NO.95-14 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, DETERMINING THE POPULATION OF THE CITY FOR CERTAIN PURPOSES. WHEREAS the Texas Government Code Sections 311.005 and 312.011 provide that a City's population for certain statutory purposes is the population as shown by the most recent federal decennial census;and WHEREAS the City Council of the City of Huntsville,Texas,has the power to determine the population of the City where the Texas statues or Texas Constitution does not; NOW,THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE,TEXAS,that: Section 1: The current population of the City,considering annexations and growth since the last federal decennial census is 34,592. Section 2: This ordinance shall take effect immediately. PASSED AND APPROVED this the 25th day of April, 1995. THE CITY OF HUNTSVILLE 4"Z�n� William B.Green,Mayor ATTE v Dam�a Welter,City Secretary APPTV`EAD:�'/ Scott Bounds,I City Attorney RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: ORDINANCE 95-15 NO PARKING ZONES-VARIOUS 5-09-95 ORDINANCE NO. 95-15 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE,TEXAS,AMENDING CHAPTER 12,MOTOR VEHICLES AND TRAFFIC, OF ITS CODE OF ORDINANCES BY ESTABLISHING NO PARKING ZONES ON THE WEST SIDE OF NORMAL PARK FROM 22ND STREET NORTH TO 21ST STREET; PROVIDING A PENALTY OF UP TO $500 A DAY FOR CERTAIN VIOLATIONS; MAKING OTHER FINDINGS AND PROVISIONS RELATED THERETO;AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, THAT: Section 1: The following described curb zones and areas are designated as no parking zones: Street Name Side of Street Limits Type Normal Park West From 22nd Street north to No Parking at Any Time 21st Street Section 2: Schedule III, No Parking Zones, and Schedule IV, Parking Limit Zones, of Chapter 12,Motor Vehicles and Traffic,of the Code of Ordinances of the City of Huntsville, Texas, shall be revised to reflect the amendments made by this ordinance. Section 3: The City Manager is authorized and directed to cause the posting of proper signs along the above described streets and parking zones. Section 4: It shall be unlawful for driver of a vehicle to disobey the instruction of the signs placed in accordance with the provisions of this ordinance unless at the time otherwise directed by a Police Officer. Section 5: Any person, firm or corporation violating any provision of this ordinance or failing to comply with any requirement of the ordinance will be guilty of a misdemeanor and subject to a fine of up to five hundred($500.00)dollars upon conviction. Section 6: If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect any of the remaining provisions of this ordinance. Section 7: All ordinances and parts of ordinances in conflict with the provisions of this ordinance are hereby repealed; provided,however,that such repeal shall be only to the extent of such inconsistency and in all other respects this ordinance shall be cumulative of other ordinances regulating and governing the subject matter covered by this ordinance. Section 8: This ordinance shall take effect ten (10) days after its passage by the City Council. The City Secretary shall publish the caption of this ordinance in the official City newspaper at least twice within ten(10)days of its passage. PASSED AND APPROVED THIS 9TH DAY OF MAY, 1995. THE CITY OF HUNTSVILLE ��k'4'L�ee_ William B. Green,Mayor �— ATTEST: / y Danna Welter, City Secretary APPROVED: c►"qF Scott Bounds, City Attorney RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: ORDINANCE 95-16 STOP SIGNS-VARIOUS 5-09-95 ORDINANCE NO.95-16 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, AMENDING CHAPTER 12, MOTOR VEHICLES AND TRAFFIC, OF ITS CODE OF ORDINANCES BY PROVIDING STOP SIGNS AT THE INTERSECTION ON GREENWOOD STREET AND OAKLAWN (4-WAY), ON MARY AVENUE AT ROOSEVELT STREET,AND ON ROOSEVELT STREET AT SMITH HILL ROAD;PROVIDING A PENALTY OF UP TO $500 A DAY FOR CERTAIN VIOLATIONS; MAKING OTHER RELATED FINDINGS AND PROVISIONS RELATED THERETO; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, THAT: Section 1: The following described intersections are designated as stop intersections: Intersection At Designated Greenwood Street Oaklawn Street 4-Way Stop Mary Avenue Roosevelt Street 1-Way Stop Roosevelt Street Sinith Hill Road 1-Way Stop Section 2: Schedule VIII,Stop Intersections,of Chapter 12,Motor Vehicles and Traffic,of the Code of Ordinances of the City of Huntsville, Texas, shall be revised to reflect the amendments made by this ordinance. Section 3: The City Manager is authorized and directed to cause the posting of proper signs at the above described intersection. Section 4: It shall be unlawful for driver of a vehicle to disobey the instruction of the signs placed in accordance with the provisions of this ordinance unless at the time otherwise directed by a Police Officer. Section 5: Any person, firm or corporation violating any provision of this ordinance or failing to comply with any requirement of the ordinance will be guilty of a misdemeanor and subject to a fine of up to five hundred($500.00)dollars upon conviction. The violation of any provision of the ordinance or the failure to comply with any requirement of this ordinance shall each constitute a distinct and separate offense. Section 6: If any section, subsection, sentence, clause,phrase or portion of this ordinance is for any reason held invalid or unconstitutional, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect any of the remaining provisions of this ordinance. Section 7: All ordinances and parts of ordinances in conflict with the provisions of this ordinance are hereby repealed; provided,however,that such repeal shall be only to the extent of such inconsistency and in all other respects this ordinance shall be cumulative of other ordinances regulating and governing the subject matter covered by this ordinance. Section 8: This ordinance shall take effect ten (10) days after its passage by the City Council. The City Secretary shall publish the caption of this ordinance in the official City newspaper at least twice within ten(10)days of its passage. PASSED AND APPROVED THIS 9TH DAY OF MAY, 1995. THE CITY OF2HUNTTSSSVILLE William B. Green,Mayor ATTEST: Danna Welter, City Secretary APPR VED AS TO FORM: 7V 4 z �-- Scott Bounds,City Attorney RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: ORDINANCE 95-17 AMEND EMPL.MED.BENEFITS PLAN 5-09-95 t ORDINANCE NO.95-17 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, AMENDING THE EMPLOYEE MEDICAL BENEFIT PLAN; EXTENDING COVERAGE TO NINE MONTHS FOR DEPENDENTS WHO, SUBJECT TO AGE LIMITATIONS, GRADUATE FROM HIGH SCHOOL;PROVIDING DENTAL COVERAGE FOR USE OF SOME SEALANTS FOR CHILDREN UNDER AGE 16; AND MAKING OTHER FINDINGS AND PROVISIONS RELATED THERETO. WHEREAS by Ordinance 93-40 adopted December 14,1993,the City Council adopted"THE CITY OF HUNTSVILLE EMPLOYEE HEALTH PLAN"as the plan document for the City of Huntsville Employee Health Plan and Trust; and WHEREAS the City Council wants to amend the Plan to extend benefits for dependents who are students graduating from high school and for some dependents use of sealants as preventive dental procedure; NOW,THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE,TEXAS,that: SECTION 1: "THE CITY OF HUNTSVILLE EMPLOYEE HEALTH PLAN"is amended by the substitution of the following for paragraph c.of section 11.15,the definition of"Dependent": C. any unmarried child who is the age shown in the Coverage Schedule for a non-student, under the heading"Age When a Child's Coverage Ends,"or less than the age shown for a full-time student under the same heading;and who depends upon the covered Employee for the majority of the child's support and is enrolled as a full-time student. A full-time student shall mean: 1)a student enrolled for credit of at least three(3)hours per semester at an accredited high school,junior college, college or university, or 2)a student in attendance at a licensed trade school at least twenty(20) hours per week in a course of at least six(6)months duration. Subject to the age limits specified in the Coverage Schedule,any,such student referred to in 1)above shall be deemed to remain a full-time student: 1)for a period of nine(9)months after graduating from high school,or 2) for a period between two consecutive semesters at any type of institution named in this section if the student completed the first of such semesters on a full-time basis without graduating from the same institution. SECTION 2: "THE CITY OF HUNTSVILLE EMPLOYEE HEALTH PLAN"is amended by the addition of the following to the List of Dental Procedures in Section 4.10 of Article IV. Dental Coverage,under the heading Visits and Examinations: 01351 Sealants for children under age 16, limited to molars and bicuspids SECTION 3: This ordinance shall take effect from and after its adoption by City Council. PASSED AND APPROVED this the 9th day of May, 1995. THE CITY OF HUNTSVILLE William B. Green,Mayor ATTEST: Danna Welter, City Secretary APPROVED AS TO FORM: 4-- "M \ Pew fz Scott Bounds, City Attorney RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: ORDINANCE 95-18 STOP SIGNS-SYCAMORE/PALM 6-06-95 1 � ORDINANCE NO.95-18 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, AMENDING CHAPTER 12, MOTOR VEHICLES AND TRAFFIC, OF ITS CODE OF ORDINANCES BY PROVIDING STOP SIGNS AT THE INTERSECTION ON SYCAMORE AND PALM (4-WAY), PROVIDING A PENALTY OF UP TO $500 A DAY FOR CERTAIN VIOLATIONS; MAKING OTHER RELATED FINDINGS AND PROVISIONS RELATED THERETO;AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF lIUNTSVILLE, TEXAS, THAT: Section 1: The following described intersections are designated as stop intersections: Intersection At Designated Sycamore Palin Street 4-Way Stop Section 2: Schedule VIII,Stop Intersections,of Chapter 12,Motor Vehicles and Traffic,of the Code of Ordinances of the City of Huntsville, Texas, shall be revised to reflect the amendments made by this ordinance. Section 3: The City Manager is authorized and directed to cause the posting of proper signs at the above described intersection. Section 4: It shall be unlawful for driver of a vehicle to disobey the instruction of the signs placed in accordance with the provisions of this ordinance unless at the time otherwise directed by a Police Officer. Section 5: Any person, firm or corporation violating any provision of this ordinance or failing to comply with any requirement of the ordinance will be guilty of a misdemeanor and subject to a fine of up to five hundred($500.00)dollars upon conviction. The violation of any provision of the ordinance or the failure to comply with any requirement of this ordinance shall each constitute a distinct and separate offense. Section 6: If any section, subsection, sentence,clause,phrase or portion of this ordinance is for any reason held invalid or unconstitutional,such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect any of the remaining provisions of this ordinance. Section 7: All ordinances and parts of ordinances in conflict with the provisions of this ordinance are hereby repealed; provided,however,that such repeal shall be only to the extent of such inconsistency and in all other respects this ordinance shall be cumulative of other ordinances regulating and governing the subject matter covered by this ordinance. Section 8: This ordinance shall take effect ten (10) days after its passage by the City Council. The City Secretary shall publish the caption of this ordinance in the official City newspaper at least twice within ten(10)days of its passage. PASSED AND APPROVED THIS 6TH DAY OF JUNE, 1995. THE//CITY OF HUNTSVILLE William B. Green,Mayor ATT Danna Welter, City Secretary APP OVED AS TO FORM: L0� Scott Bou ds, City Attorney RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: ORDINANCE 95-19 STOP SIGNS-SPRING/WINTERWAY 6-06-95 ORDINANCE NO.95-19 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, AMENDING CHAPTER 12, MOTOR VEHICLES AND TRAFFIC, OF ITS CODE OF ORDINANCES BY PROVIDING STOP SIGNS AT THE INTERSECTION ON SPRING DRIVE AND WINTERWAY (3-WAY),PROVIDING A PENALTY OF UP TO$500 A DAY FOR CERTAIN VIOLATIONS;MAKING OTHER RELATED FINDINGS AND PROVISIONS RELATED THERETO;AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, THAT: Section 1: The following described intersections are designated as stop intersections: Intersection At Designated Spring Drive Winterway 3-Way Stop Section 2: Schedule VIII,Stop Intersections,of Chapter 12,Motor Vehicles and Traffic,of the Code of Ordinances of the City of Huntsville, Texas, shall be revised to reflect the amendments made by this ordinance. Section 3: The City Manager is authorized and directed to cause the posting of proper signs at the above described intersection. Section 4: It shall be unlawful for driver of a vehicle to disobey the instruction of the signs placed in accordance with the provisions of this ordinance unless at the time otherwise directed by a Police Officer. Section 5: Any person, firm or corporation violating any provision of this ordinance or failing to comply with any requirement of the ordinance will be guilty of a misdemeanor and subject to a fine of up to five hundred($500.00)dollars upon conviction. The violation of any provision of the ordinance or the failure to comply with any requirement of this ordinance shall each constitute a distinct and separate offense. Section 6: If any section, subsection, sentence, clause,phrase or portion of this ordinance is for any reason held invalid or unconstitutional, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect any of the remaining provisions of this ordinance. Section 7: All ordinances and parts of ordinances in conflict with the provisions of this ordinance are hereby repealed; provided,however,that such repeal shall be only to the extent of such inconsistency and in all other respects this ordinance shall be cumulative of other ordinances regulating and governing the subject matter covered by this ordinance. Section 8: This ordinance shall take effect ten (10) days after its passage by the City Council. The City Secretary shall publish the caption of this ordinance in the official City newspaper at least twice within ten(10)days of its passage. PASSED AND APPROVED THIS 6TH DAY OF JUNE, 1995. THE CITY OF HUNTSVILLE William B. Green,Mayor ATT Danna Welter, City Secretary APP OVED S TO FORM: Scott Bo ds,City Attorney RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: ORDINANCE 95-20 SIGN STANDARDS-30 FT.ON HWY. 19 6-06-95 ORDINANCE 95-20 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE,TEXAS,AMENDING CHAPTER 11,SIGN STANDARDS, OF THE DEVELOPMENT CODE TO ALLOW SIGNS OF A HEIGHT UP TO THIRTY FEET IF CONSTRUCTED WITHIN ONE HUNDRED FEET OF HIGHWAY 19; AND MAKING OTHER PROVISIONS RELATED THERETO. WHEREAS Chapter 36 of the Code of Ordinances of the City of Huntsville,Texas,is known as the Development Code;and WHEREAS the City Council wants to amend its Development Code to allow taller sign structures on Loop 19; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE,TEXAS,that: SECTION 1: Chapter 11,Sign Standards,of the Development Code is amended by the adoption of a new section 1104.5 Height Limitation that shall read as follows: 1104.5 Height Limitation (1) No ground sign shall be established, constructed or erected that exceeds an over-all height of twenty(20)feet including cutouts extending above the rectangular border except that (a) A ground sign within five hundred(500)feet of Interstate 45 may be constructed to a height not to exceed forty-two and one-half(42-112)feet;and (b) A ground sign within one hundred(100)feet of Highway 19 may be constructed to a height not to exceed thirty(30)feet. (2) A signs height may be measured from the highest point on the sign to either(a) the grade level of the ground surface on which the sign supports are placed, or(b) the grade level of the closest roadway surface to the sign placement. In no case,however,shall the sign height exceed 42%feet measured from the highest point on the sign to the grade level of the ground surface in which the sign supports are placed. (3) A roof sign having a tight or solid surface shall not at any point exceed twenty(20)feet above the roof level. Open roof signs in which the uniform open area is not less than forty (400%)percent of total gross area may be erected to a height of twenty (20)feet above the roof level. Projecting signs shall be a minimum of fourteen(14)feet in height above grade. SECTION 2: This ordinance shall take effect immediately. PASSED AND APPROVED this 6th day of June, 1995. THE CITY OF HUNTSVILLE William B.Green,Mayor AT EST: Danna Welter,City Secretary APP�OVE �4 Z Scott Bounds,City Attorney RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: ORDINANCE 95-21 AMEND EMPL.MED.BENEFITS PLAN 6-06-95 ORDINANCE 95-21 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, AMENDING THE EMPLOYEE MEDICAL BENEFIT PLAN REGARDING THE COORDINATION OF BENEFITS; AND MAKING OTHER FINDINGS AND PROVISIONS RELATED THERETO. WHEREAS by Ordinance 93-40 adopted December 14,1993,the City Council adopted"THE CITY OF HUNTSVILLE EMPLOYEE HEALTH PLAN'as the plan document for the City of Huntsville Employee Health Plan and Trust;and WHEREAS the City Council wants to amend the Plan to provide coordination of benefits consistent with the model regulations of the National Association of Insurance Commissioners; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE,TEXAS,that: SECTION 1: "THE CITY OF HUNTSVILLE EMPLOYEE HEALTH PLAN'is amended by the substitution of the following for that part of Article V. Coordination of Benefits that explains when the Plan is"primary"or"secondary":paragraph c.of section 11.15,the definition of"Dependent": a. If the other plan contains no provision for coordination of benefits, that plan shall be primary and this Plan shall be secondary. It. For Covered Expenses incurred by an Employee who is covered under another plan as a dependant,this Plan shall be primary and the other plan secondary;except that: if the person is also a Medicare beneficiary, and as a result of the rule established by Title XVIII of the Social Security Act and implementing regulations,Medicare is(i)secondmy to the plan covering the person as a dependent and(ii)primary to the plan covering the person other than a dependent(e.g.a retired employee),then the plan covering the person as a dependent shall be primary and the plan covering that person as other than a dependent shall be secondary. C. For Covered Expenses incurred by an Employee or for the Dependent of an Employee when either such person is covered by another plan as a laid off or retired employee or as the dependent of such employee, this plan shall be primacy and the other plan shall be secondary. If the other plan does not have this rule;and if,as a result, the plans do not agree on the order of benefits, this rule is ignored. d. When this Plan provides COBRA continuation coverage for a qualified beneficiary who is covered under another plan, this Plan shall be secondary and the other plan, if it covers that same person as an active employee or the dependent of an active employee, shall be primary. In such a case, however, this Plan shall be primaryfor a preexisting condition to the extent such condition is excluded under the other plan. If the other plan does not have this rule; and if, as a result, the plans do not agree on the order of benefits, this rule is ignored. e. For Covered Expenses incurred by a Dependent who is covered under another plan as an employee or member,this Plan shall be secondary and the other plan primary. f. If a child is covered under plans of both parents,of which the Plan is one,then the plan covering the parent whose birthday,excluding year of birth,falls earlier in the Calendar Year shall be primary and the plan of the other parent secondary. If the other plan has a rule based on the gender of the parent;and if, as a result, the plans do not agree on the order of benefits,the rule based on the gender of the parent shall determine the order of benefits. However,when parents are separated or divorced,the primary plan for the dependent child shall be the plan of the parent who has custody of the child. Secondary liability for the dependent child rests with the plan of the stepparent who has custody of the dependent child and will be determined before the plan of the parent who does not have custody of the child. g. If the specific terms of a divorce decree state which parent has responsibility for the medical expenses of a dependent child,then the plan of that parent shall be primary and the plan of the other parent shall be secondary. It. If the specific terms of a divorce decree state that the parents shall share joint custody, without stating that one of the parents is responsible for the health care expenses of the child, the plans covering the child shall follow the rule outlined in f. above. i. Medicare shall be primary, secondary or last to the extent stated in federal law. When Medicare is to be the primary payer, this Plan shall base its payment upon benefits that would have been paid by Medicare under Parts A and B,regardless of whether or not the person was enrolled under both of these parts. j. When none of the rules stated above are determinative for a person, the plan which has covered that person continuously for the longer period of time shall be primary. SECTION 2: "THE CITY OF HUNTSVILLE EMPLOYEE HEALTH PLAN"is amended by the substitution of the following for item a. in the definition o f the term plan, as used in this section: a. group insurance or any other arrangement of coverage for persons in a group,including HMOs, whether on an insured or uninsured basis. SECTION 3: The Plan Document is amended effective May 1, 1995. PASSED AND APPROVED this the 6th day of June, 1995. T��FHj�� by William B.Green,Its Mayor AT T: / Danna Welter,City Secretary AP OVE . Scott bdunds,City Attorney RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: ORDINANCE 95-22 AMEND ANIMAL CODE 8-08-95 ORDINANCE NO.95-22 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, AMENDING THE ANIMAL CODE TO NOT CLASSIFY EMUS AS WILD ANIMALS; AND MAKING OTHER PROVISIONS RELATED THERETO. WHEREAS the emu(dromiceius novae=hollandiae)is a tall flightless bird with undeveloped wings that is related to and smaller than the ostrich;and WHEREAS the City Council finds that because of their relative size and temperament,emus should not be classified as wild animals; NOW,THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE,TEXAS,that: SECTION I: Chapter 4,Animals and Fowl,of the Code of Ordinances of the City of Huntsville, Texas,is now amended by the adoption ofa new subsection 4-7(b)(I8)that shall read as follows: (18) Ostriches(Struthio),but not including emus(Dromiceius novae=hollandiae). SECTION 2: This ordinance shall take effect immediately upon its adoption. Approved and Adopted this the 8th day of August,1995. THE CITY OF HUNTSVILLE William B.Green Its Mayor Attest: *a.aWelter,Its City Secretary Appro ed: Wi�� Scott Bounds,Its City Attorney RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: ORDINANCE 95-23 LIMITED CREDIT-WATER/SEWER(APTS.) 8-08-95 ORDINANCE NO.95-23 AN ORDINANCE OF THE CITY COUNCIL AMENDING CHAPTER 9, GARBAGE,REFUSE AND RUBBISH,AND CHAPTER 17,WATER AND SEWERS, OF THE CODE OF ORDINANCES OF THE CITY OF HUNTSVILLE, TEXAS, TO PROVIDE A LIMITED CREDIT FOR JOINTLY METERED RESIDENTIAL UNITS (SOME APARTMENT COMPLEXES);AND PROVIDING FOR OTHER RELATED MATTERS. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE,TEXAS, THAT: SECTION 1: Section 9-50(d) of the Code of Ordinances is now amended by renumbering subparagraph(6)to(7),and by inserting a new subparagraph 6 that reads: (6) If a customer provides a vacancy affidavit to the City's utility billing supervisor after the time specified in paragraph five above,but before the 25th day of the month,then the customer shall pay a standard bill amount for that month and the City shall credit the customer's accountfor the subsequent month for one-half the vacancies identified If a customer delivers a vacancy affidavit to the City's utility billing supervisor after the 25th day ofthe month,then the City shall not provide the customer with either a deduction or credit against any utility service. SECTION 2: Section 17-9(b)(2)(d)of the Code of Ordinances is now amended by renumbering subparagraph(6)to(7),and by inserting a new subparagraph 6 that reads: (6) If a customer provides a vacancy affidavit to the City's utility billing supervisor after the time specified in paragraph five above,but before the 25th day of the month,then the customer shall pay a standard bill amount for that month and the City shall credit the customer's account for the subsequent month for one-half the vacancies identified If a customer delivers a vacancy affidavit to the City's utility billing supervisor after the 25th day ofthe month,then the City shall not provide the customer with either a deduction or credit against any utility service. SECTION 3: Section 17-21(b)(2)d.ofthe Code of Ordinances is now amended by renumbering subparagraph 6 to 7,and by inserting a new subparagraph 6 that reads: 6. If a customer provides a vacancy affhdavit to the City's utility billing supervisor after the time specified in paragraph five above,but before the 25th day of the month,then the customer shall pay a standard bill amount for that month and the City shall credit tlhe customer's account for the subsequent month for one-half the vacancies identified. If a customer delivers a vacancy affidavit to the City's utility billing supervisor after the 25th day of the mouth,then the City shall not provide the customer with either a deduction or credit against any utility service. SECTION 4: Any deductions or credits previously made by the City are ratified. SECTION 5: This ordinance shall take effect immediately. Passed and Approved this 8th day of August,1995. THE CITY OF HUNTSVILLE William B.Green,Mayor ATTEST: 4 �J D. Welter,City Secretary APPRO ED: Scott Bounds,City Attorney RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: ORDINANCE 95-24 AMEND LIBRARY BOARD TERM LIMITS 8-08-95 ORDINANCE NO.95-24 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE,TEXAS,AMENDING CHAPTER 11A,LIBRARIES,OF ITS CODE OF ORDINANCES; EXTENDING THE TERM OF OFFICE OF MEMBERS OF THE LIBRARY BOARD;AND MAJUNG OTHER FINDINGS AND PROVISIONS RELATED THERETO. WHEREAS the City Council,by Ordinance adopted on June 9,1970,created a Library Board; and WHEREAS that Ordinance provided that members of the Board were to serve three(3)years terms,but that no member shall serve more than five(5)consecutive years;and WHEREAS City Council wants to amend that ordinance to have the term limitation consistent with the term served;and WHEREAS subsection I I a-1(b)now provides: Each member shall be a resident citizen ofthe City of Huntsville at least one year prior to his appointment. Members of the library board shall serve without compensation,and no member shall serve more than five(5)consecutive years. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE,TEXAS,that: SECTION 1: Chapter I IA,Libraries,of the Code of Ordinances of the City of Huntsville,Texas, is now amended by the repeal of subsection I IA-I(b)as is,and by the adoption of a new subsection I IA-I(b)as follows: (b) Members of the library board shall serve without compensation.No member shall serve more than two consecutive terms beyond any unexpired term that they are appointed to fill. SECTION 2: This ordinance shall take effect immediately upon its adoption by City Council. ADOPTED and APPROVED this the 8th day of August,1995. THE CITY OF HUNTSVILLE UNIL William B.Green,Its Mayor 4ATT: by Danna Welter,Its City Secretary ZOVED: by Scott lKounds,Its City Attorney RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: ORDINANCE 95-25 AMEND DEVELOPMENT CODE(CH.30) 8-15-95 ORDINANCE NO.95-25 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE,TEXAS,AMENDING CHAPTER 30,THE DEVELOPMENT CODE; REGULATING LAND USE,STRUCTURES,BUSINESSES,AND RELATED ACTIVITIES;REGULATING SUBDIVISIONS AND PROPERTY DEVELOPMENT; REGULATING SIGNS; PROVIDING A CRIMINAL PENALTY UP TO $2,000 A DAY FOR CERTAIN VIOLATIONS; PROVIDING FOR CIVIL PENALTIES; ADOPTING SAVINGS AND REPEALING PROVISIONS;PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE HEREOF; AND MAKING OTHER FINDINGS AND RELATED PROVISIONS. WHEREAS the City's Planning and Zoning Commission has reviewed the City's Development Code and has made many recommendations regarding amendments to the Code;and WHEREAS the City Council and the City Planning and Zoning Commission have held public hearings on these recommendations;and WHEREAS the City Council adopts the amendments to the Development Code to lessen congestion in the streets;to secure safety from fire,panic and other dangers;to promote health and the general welfare;to provide adequate light and air;to prevent the overcrowding of land; to avoid undue concentration of population; and to facilitate the adequate provision of transportation,water,sewers,schools,parks,and other public requirements;and WHEREAS the City Council finds that these rules governing the plats and subdivisions of land within the City's jurisdiction will promote the health, safety, morals or general welfare of the City and the safe,orderly,and healthful development of the City; NOW,THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE,TEXAS,that: SECTION 1: Chapter 30 of the Code of Ordinances of the City of Huntsville,Texas,which chapter is known as the Development Code,is now amended and replaced by the new Chapter 30(Exhibit A). SECTION 2: Any person,firm or corporation violating any provision of this Code,or failing to comply with any requirement of the Code,will be guilty of a misdemeanor and subject to a fine of up to two thousand($2,000.00)upon conviction. SECTION 3: If any section,subsection,sentence,clause,phrase or portion of this ordinance is for any reason held invalid or unconstitutional,then that portion shall be deemed a separate,distinct and independent provision. The invalidity of any such portion of this ordinance shall not invalidate other sections or provisions of this ordinance and all provisions of this ordinance are declared to be severable. SECTION 4: All ordinances and parts of ordinances in conflict with the provisions of this ordinance are repealed;provided,however,that such repeal shall be only to the extent of such inconsistency and in all other respects this ordinance shall be cumulative of other ordinances regulating and governing the subject matter covered by this ordinance. SECTION 5: This ordinance shall take effect ten(10)days after its passage by the City Council. The City Secretary shall publish the caption of this ordinance in the official City newspaper at least twice with ten(10)days of its passage. PASSED AND APPROVED THIS 15TH DAY OF AUGUST,1995. THE CITY OF HUNTSVILLE William B.Green,Its Mayor ATTEST: Danna Welter,Its City Secretary APPROVED: on Bounds,Its City Attomey RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF PILE: DrAtiqaVlbL lC (L ORDINANCE NO.95-26 AN ORDINANCE FINDING THAT ALL THINGS REQUISITE AND NECESSARY HAVE BEEN DONE IN PREPARATION AND PRESENTMENT OF AN ANNUAL BUDGET;APPROVING AND ADOPTING THE OPERATING AND CAPITAL IMPROVEMENTS BUDGET FOR THE CITY OF HUNTSVILLE,TEXAS,FOR THE PERIOD OCTOBER 1,1995,THROUGH SEPTEMBER 30,1996;AND PROVIDING FOR AN EFFECTIVE DATE HEREOF. WHEREAS the Charter of the City of Huntsville,Texas,and the statutes of the State of Texas require that an annual budget be prepared and presented to the City Council of the City of Huntsville,Texas,prior to the beginning of the fiscal year of such City,and that a public hearing be held prior to the adoption of such budget;and WHEREAS the budget for the year October 1,1995,through September 30,1996,has been presented to the City Council,a public hearing has been held with all notice as required by law, and all comments and objections have been considered;and WHEREAS a copy of the proposed budget has been filed with the City Secretary and available for public inspection at least fifteen days prior to the budget hearing and tax levy for the fiscal year 1995-1996; NOW,THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE,TEXAS,that: SECTION 1: The budget for the City of Huntsville,Texas,now before the City Council for consideration,is adopted as the budget for the City for the period of October 1,1995,through September 30,1996. SECTION 2: The appropriation for the ensuing fiscal year for the operations budget shall be fixed and determined as follows: I. General Fund $ 7,891,420 II. General Debt Service Fund 647,820 315 897 III. Special Revenue Fund 7 370,214 IV. Water and Sewer Fund 2 876.688 V. Sanitation Fund Total Operating Funds $ 19 702.039 SECTION 3: The appropriation for the ensuing fiscal year for the capital improvement budget shall be fixed and determined as follows: I. Street Improvements $ 544,187 3,488,271 II. Water&Sewer Projects III. Capital Construction Crew 235,266 150,000 IV. Extension Fund Total Capital Improvements $ 4,417,724 SECTION 4: The City Secretary is directed to maintain a copy of the adopted budget,to file a copy thereof with the City Library and the County Clerk,and to publish a notice indicating the availability of the budget. SECTION 5: This ordinance shall take effect immediately after its passage. PASSED AND APPROVED on this the 12th day of September,1995. THE CITY OF HUNTSVILLE,TEXAS William B.Green,Mayor A/ � TTTEEJST: {� Danna welter,City Secretary APPRO D AS TO FORM: Sco Boun s,City Attorney RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF PILE: bablaha q1-,?,I paly' iia _t M1'-)-J)-1-L1 —T" ORDINANCE NO.95-27 AN ORDINANCE ADOPTING THE TAX RATE AND LEVYING TAXES FOR THE CITY OF HUNTSVILLE FOR THE ENSUING FISCAL YEAR UPON ALL TAXABLE PROPERTY LOCATED WITHIN AND SUBJECT TO TAXATION IN THE CITY;AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE,TEXAS,that: SECTION 1: There is levied and assessed and shall be collected for the fiscal year ending September 30,1996,an ad Valorem tax of NO AND 38.44/100($0.3844)DOLLARS for each ONE HUNDRED($100.00)DOLLARS of assessed value of properly located within the city limits of Huntsville,Texas,on January 1,1995,made taxable by law, which when collected, shall be apportioned among funds and departments of the city government of the City of Huntsville for these purposes: General Fund Operations $0.27923 Debt Service for Payment of General Obligation Indebtedness 0.10517 $0.3844 SECTION 2: All property upon which a tax is levied shall be assessed on the basis of 100 percent of its appraised value. Property Tax Code§26.02. SECTION 3: This ordinance shall take effect from and after its passage by City Council. PASSED AND APPROVED this 12th day of September,1995. THE CITY OF HUNTSVILLE,TEXAS HE/ WLYAU'� William B.Green,Mayor ATTEST: 4annaLWelt,r,City Secretary API P VED AS TO FORM: Scott nds,City Attorney RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF PILE: In e.� .Sew, rot, ORDINANCE NO.95-28 AN ORDINANCE AMENDING CHAPTER 17,WATER AND SEWERS, OF THE CODE OF ORDINANCES OF THE CITY OF HUNTSVILLE, TEXAS,CHARGING FOR ACH PAYMENTS REFUSED;INCREASING THE RATES FOR SEWER SERVICE PROVIDED BY THE CITY;AND MAKING OTHER PROVISIONS AND FINDINGS RELATED THERETO. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE,TEXAS,that: SECTION 1: Chapter 17, Water and Sewers of the Code of Ordinances of the City of Huntsville,Texas,is amended by changing Section 17-15. Charge for returned checks,as follows: Section 17-15. Charge for returned checks. The manager of utilities,or any other appropriate City employee shall charge any utility customer of the City of Huntsville a fifteen dollar($15.00)charge for checks returned or for ACH payments refused by the customer's bank advising the City there are not sufficient funds in the customer's checking account with the bank to pay the water charge for the customer. This fifteen dollar($15.00)charge shall be added to the total outstanding account of the customer and upon refusal or failure to pay this charge,section 17-11 hereof shall apply as to said charge. The City shall refuse to accept checks if more than two insufficient checks have been received from the customer within the last twenty-four(24)months. SECTION 2: Chapter 17, Water and Sewers of the Code of Ordinances of the City of Huntsville,Texas,is amended by changing Section 17-21. Monthly charge for sewers,as follows: Section 17-21. Monthly charges for sewer. a. Commercial rate schedule. Except as hereafter provided, each commercial use of sewer including churches,financial establishments,hospitals,hotels,laundries,machine shops, motels, nursing homes, offices, restaurants, service stations, skating rinks, taverns,theaters and warehouses,supplied with sewer service by the City shall be charged a monthly sewer service charge based upon the amount of water consumed by the user and applied to the following rate schedule: Gallons of Water Used per Month Amount or Rate Charged first 3,000 minimum monthly charge ............................ $220 all over 3,000,per 1,000 ....................................... . b. Residential rate schedule. Except as hereafter provided, each residential user, including apartments, duplexes,mobile home parks,and single family residents,supplied with sewer service by the City shall be charged a monthly water service charge based upon the amount of water consumed by the user and applied to the following rate schedule: Gallons of water Used per Month Amount or Rate Charged first 3,000 minimum monthly charge ............................ $9.15 all over 3,000,per 1,000 ....................................... $2.20 (1) Individually metered residential units. Each residential dwelling unit individually metered and billed for consumption of water shall be charged for and owe each month a sewer service charge based upon the amount of water consumed,as determined by the meter reading, applied to the above rate schedule; provided, however, that the maximum sewer bill for each residential unit is twenty four dollars and 55/100($24.55). (2) Jointly metered residential units. (a) Each multi-family dwelling unit project shall be charged for and owe each month a water service charge as follows: A minimum bill equal to total number of units multiplied by the minimum monthly charge,plus a consumption charge based upon the amount of water consumed in excess of three thousand(3,000)gallons,time the number of residential dwelling units,as determined by the meter reading,applied to the above rate schedule: provided,however,that the maximum sewer charge for multiple residential units shall not exceed the number of units multiplied by twenty four dollars and 55/100(24.55). (b) Residential Dwelling Unitshall mean one or more buildings,parrs of a building,manufactured homes,mobile homes,or manufactured or mobile home site within a mobile home park,which building,part of a building,manufactured home,or mobile home included or would normally be designated to include a bathroom, principal kitchen facilities and living quarters;provided,however,that every designated manufactured housing or mobile home site,or trailer site with water and sewer connections within a mobile home park shall be considered a residential dwelling unit. C. Vacancy means that unit is unoccupied and the owner received no rent,lease payment or occupancy fee for the unit. d. A jointly metered residential dwelling unit customer shall be entitled to apply for a deduction for vacancies,or credit for future water service with City for prior water service payments under the following conditions: (1) one or more of the residential dwelling units used for the basis of calculation of the minimum bill was vacant for 25 days or more of the previous calendar month; (2) a statement is presented to the City,on a form approved by the City, listing the specific vacant apartments or mobile home sites and stating the period of vacancy, signed under the penalty of law by the customer; (3) the records of the customer, including lease agreement and rental receipts,are available for examination by City staff for purposes of verifying the vacancies; (4) the customer's water bill is paid and proper deposits exist for water service;and (5) the statement is delivered with written receipt acknowledged,either in person or by certified mail,to the City Utility Billing Department before the 5th day of the month following the vacancy,unless the 5th is a Saturday,Sunday or legal holiday,in which event the affidavit must be received by the City by the next day which is neither a Saturday, Sunday,nor a legal holiday. (6) If a customer provides a vacancy affidavit to the City's utility billing supervisor after the time specified in paragraph five above,but before the 25th day of the month,then the customer shall pay a standard bill amount for that month and the City shall credit the customer's account for the subsequent month for one-half the vacancies identified. If a customer delivers a vacancy affidavit to the City's utility billing supervisor after the 25th day of the month,then the City shall not provide the customer with either a deduction or credit against any utility service. e. Institutional users. (1) An institutional user is any person,corporation,agency of the State of Texas,or political subdivision which uses five percent(5%)or more of the total water sold by the City or which discharges five percent(5%) or more of the wastewater treated by the City. (2) An institutional user shall pay to the City a monthly sewer service charge based upon the amount of wastewater discharged by the user into the City's publicly owned treatment works, as applied to the following rate: Gallons of Wastewater Discharged per Month Amount or Rate Charged Each 1,000 ............................................. $2.20 (3) The amount of wastewater discharged by an institutional user shall be based upon and determined to be the metered amounts of water delivered to the user through lines which are connected to plumbing fixtures which then return wastewater to the City's publicly owned treatment works,or by wastewater metered connections authorized by the City Manager. f. Other charges not affected. Nothing herein shall effect or alter any other charge for sewer service required by the Code or the city's industrial waste ordinances. g. Users without city water. Persons not connected to the waterworks system of the city shall be billed monthly by the city for sanitary sewer services at a rate determined by the utility office supervisor,which rate shall be consistent with the regular sewer service Charge of similar type premises or users receiving service from the city. If a person desiring service uses water or maintained premises in such a manner that a similar type user or premises cannot be found, the utility office supervisor may recommend for approval to city council such service charge and conditions as deemed appropriate. SECTION 3: This Ordinance shall take effect immediately upon its adoption. APPROVED this 12th day of September,1995. THE-CITTYY OF�HUNTSVILLE by William B.G een,Mayor ATTE wi Danna Welter,City Secretary APPR VED AS TO FORM: Scott B u ds,City Attorney RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: TMS QhAL(n-6�tV lrPl��rn ORDINANCE NO.95-29 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, AFFECTING PARTICIPATION OF CITY EMPLOYEES IN THE TEXAS MUNICIPAL RETIREMENT SYSTEM GRANTING THE ADDITIONAL RIGHTS AUTHORIZED BY SECTION 854.202(G)OF TITLE 8,TEXAS GOVERNMENT CODE,AS AMENDED, AND PRESCRIBING THE EFFECTIVE DATE FOR THE ORDINANCE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE,TEXAS,that: SECTION 1: Pursuant to the provisions of Section 854.202(g)of Subtitle G of Title 8,Texas Government Code,as amended,which Subtitle shall herein be referred to as the "TMRS Act," the City of Huntsville, Texas, adopts the following provisions affecting participation of its employees in the Texas Municipal Retirement System (herein referred to as the"System"): (a) Any employee of the City who is a member of the System is eligible to retire and receive a service retirement annuity if the member has at least 20 years of credited service in the System performed for one or more municipalities that have adopted a like provision under Section 854.202(g)of the TMRS Act. (b) Prior to adopting this ordinance,the governing body of the City has:(1)prepared an actuarial analysis of member retirement annuities at 20 years of service;and(2)held a public hearing pursuant to the notice provisions of the Texas Open Meetings Act,Chapter 551,Texas Government Code. (c) The rights hereinabove authorized shall be in addition to the plan provisions heretofore adopted and in force at the effective date of this ordinance pursuant to the TMRS Act. SECTION 2: This ordinance shall become effective on the 1st day of January,1996. PASSED AND APPROVED this the 12th day of September,1995. THE CITY OF HUNTSVILLE av—,Az�,—j William B.Green,Mayor ATTEST: anna Welter,City Secretary APPR ED:—i'll Xc / Scott Bounds,City Attorney RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF PILE: ORDINANCE NO.95-30 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE,TEXAS,AUTHORIZING AND ALLOWING UNDER THE ACT GOVERNING THE TEXAS MUNICIPAL RETIREMENT SYSTEM, "UPDATED SERVICE CREDITS" IN THE SYSTEM ON AN ANNUAL BASIS FOR SERVICE PERFORMED BY QUALIFYING MEMBERS OF SUCH SYSTEM WHO AT THE EFFECTIVE DATE OF THE ALLOWANCE ARE IN THE EMPLOYMENT OF THE CITY OF HUNTSVILLE; PROVIDING FOR INCREASED PRIOR AND CURRENT SERVICE ANNUITIES FOR RETIREES AND BENEFICIARIES OF DECEASED RETIREES OF THE CITY;PROVIDING FOR INCREASED MUNICIPAL CONTRIBUTIONS TO THE CURRENT SERVICE ANNUITY RESERVE AT RETIREMENT OF THE EMPLOYEES OF THE CITY; AND ESTABLISHING AN EFFECTIVE DATE FOR THE ORDINANCE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE,TEXAS,that: SECTION 1: Authorization of UQdated Service Credits. (a) On the terms and conditions set out in Sections 853.401 through 853.404 of Subtitle G of Title 8,Government Code,as amended(hereinafter referred to as the"TMRS ACT"),each member of the Texas Municipal Retirement System(hereinafter referred to as"System") who has current service credit or prior service credit in the System in force and effect on the 1 st day of January of the calendar year preceding such allowance,by reason of service in the employment of the City of Huntsville(hereinafter called the"City"),and on such date had at least 36 months of credited service with the System,shall be and is hereby allowed "Updated Service Credit"(as that term is defined in subsection(d)of Section 853.402 of the TMRS Act). (b) On the terms and conditions set out in Section 853.601 of the TMRS Act,any member of the System who is eligible for Updated Service Credits on the basis of service with this City, who has unforfeited credit for prior service and/or current service with another participating municipality or municipalities by reason of previous service,and was a contributing member on the 1 st day of January of the calendar year preceding such allowance,shall be credited with Updated Service Credits pursuant to,calculated in accordance with,and subject to adjustment as set forth in Section 853.601,both as to the initial grant hereunder and all future grants under this ordinance. (c) The Updated Service Credit hereby allowed and provided for shall be 100%of the"base Updated Service Credit"of the member(calculated as provided in subsection(c)of Section 853.402 of the TMRS Act). (d) Each Updated Service Credit allowed hereunder shall replace any Updated Service Credit, prior service credit,special prior service credit,or antecedent service credit previously authorized for part of the same service. (e) In accordance with the provisions of subsection(d)of Section 853.401 of the TMRS Act,the deposits required to be made to the System by employees of the several participating departments on account of current service shall be calculated from and after the effective date of this ordinance on the full amount of such person's compensation as an employee of the City. SECTION 2: Increase in Retirement Annuities. (a) On terms and conditions set out in Section 854.203 of the TMRS Act,the City hereby elects to allow and to provide for payment of the increases below stated in monthly benefits payable by the System to retired employees and to beneficiaries of deceased employees of the City under current service annuities and prior service annuities arising from service by such employees to the City. An annuity increased under this Section replaces any annuity or increased annuity previously granted to the same person. (b) The amount of the annuity increase under this Section is computed as the sum of the prior service and current service annuities on the effective date of retirement of the person on whose service the annuities are based, multiplied by 70%of the percentage change in Consumer Price Index for All Urban Consumers,from December of the year immediately preceding the effective date of the person's retirement to the December that is 13 months before the effective date of this Section. (c) An increase in an annuity that was reduced because of an option selection is reducible in the same proportion and in the same manner that the original annuity was reduced. (d) If a computation hereunder does not result in an increase in the amount of an annuity,the amount of the annuity will not be changed hereunder. (e) The amount by which an increase under this Section exceeds all previously granted increases to an annuitant is an obligation of this City and of its account in the municipality accumulation fund of the system. SECTION 3: Date of Allowances and Increases. The initial allowance of Updated Service Credit and increase in retirement annuities hereunder shall be effective January 1, 1996,subject to approval by the Board of Trustees of the System. An allowance of Updated Service Credits and an increase in retirement annuities shall be made hereunder on January I of each subsequent year until this ordinance ceases to be in effect under subsection(e)of Section 853.404 of the TMRS Act,provided that,as to such subsequent year,the actuary for the System has made the determination set forth in subsection(d)of Section 853.404 of the TMRS Act. BE IT FURTHER ORDAINED: That effective January 1,1996,for each month of current service thereafter rendered by each of its employees who are members of the Texas Municipal Retirement System,the City will contribute to the current service annuity reserve of each such member at the time of his or her retirement,a sum that iso of such member's accumulated deposits for such month of employment;and the sum shall be contributed from the City's account in the municipality accumulation fund. Subject to approval by the Board of Trustees of the System,this ordinance shall be and become effective on the 1 st day of January 1996. PASSED AND APPROVED this the 12th day of September,1995. THE CITY OF HUNTSVILLE ��Cx A/,� William B.Green,Mayor ATTEST: anna Welter,City Secretary APPRO D: , . /Z"z Scott Bounds,City Attorney RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF PILE: O*t�'- road r�ki-of- vva Lk-n7`sc, ORDINANCE NO.95-31 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, AUTHORIZING THE CITY ATTORNEY TO MAKE AN OFFER FOR THE CITY OF HUNTSVILLE FOR THE ACQUISITION OF CERTAIN INTERESTS IN PROPERTIES THAT ARE REQUIRED FOR PUBLIC PURPOSES(JOHNSON ROAD RIGHT-OF-WAY); DIRECTING THE CITY ATTORNEY TO INSTITUTE CONDEMNATION PROCEEDINGS IN THE EVENT SUCH OFFER IS REFUSED;PROVIDING FOR THE FILING OF LIS PEDENS;AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. WHEREAS The City Council of the City of Huntsville now finds and determines that public convenience and necessity require that the City of Huntsville acquire the land described herein for public purposes as Johnson Road right-of-way; NOW,THEREFORE,be it ordained by the City Council of the City of Huntsville.Texas,that: Section 1: The City Attorney is authorized and directed to make an offer of$544.50 plus two 3/4" water meter installations for the properties described in Section 2 to Mr. Nathaniel Taylor,or to the actual real and true owners thereof,whether correctly named or not,for the purchase and acquisition by the City of Huntsville of the fee interest in the property that is required for public purposes as Johnson Road right-of- way. Section 2: The property needed for public purposes is: 0.125 acres,out of tract 15,New Addition,Walker County,Texas Section 3: The offer shall provide that if it is not accepted within ten(10)days after receipt,the City of Huntsville will consider such offer refused and will institute condemnation proceedings. Section 4: In the event that the offer is refused,either expressly or by failure of the owners to unconditionally accept the same within the time specified,the City Attorney is authorized to institute condemnation proceedings on behalf of the City of Huntsville under the provisions of Chapter 21 of the Texas Property Code,the Charter of the City of Huntsville,or any other applicable state or local law. Additionally,the City Attorney is directed to file notice of this action in the real property records of Walker County,Texas. Texas Property Code Section 12.007. Section 5: Should such offer be accepted,the money above set forth shall be paid out of any Should such offer not be accepted,the amount finally awarded to the owner in the condemnation proceedings,plus costs,fees and expenses,shall be paid out of such funds so appropriated. Section 6: This ordinance shall take from and after its passage. PASSED AND APPROVED by the City Council of the City of Huntsville,Texas on this 12th day of September,1995. THE CITY OF HUNTSVILLE 4�LLZ z William B.Green,Mayor ATTEST: �uticRJ-i°t�� Danna Welter,City Secretary APP VED: Scott Boundg,City Attorney RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: bratnr. U. IYC �ctr,�ing -l`1-�h Slre�� ORDINANCE NO.95-32 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE,TEXAS,AMENDING CHAPTER 12,MOTOR VEHICLES AND TRAFFIC,OF ITS CODE OF ORDINANCES BY ESTABLISHING NO PARKING ZONES ON THE NORTH SIDE OF 19TH STREET FROM AVENUE S TO 260'EAST; PROVIDING A PENALTY OF UP TO$500 A DAY FOR CERTAIN VIOLATIONS;MAKING OTHER FINDINGS AND PROVISIONS RELATED THERETO; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE,TEXAS, THAT: Section 1: The following described curb zones and areas are designated as no parking zones: Sl.reel \anie Side of SIT-eel 1,IUL I 1011jSlieel 111olld /iom duenuc,5'to 200'0asl illi,Pa�kiig�ul Ai��Moir Section 2: Schedule III, No Parking Zones, and Schedule IV, Parking Limit Zones, of Chapter 12,Motor Vehicles and Traffic,of the Code of Ordinances of the City of Huntsville, Texas, shall be revised to reflect the amendments made by this ordinance. Section 3: The City Manager is authorized and directed to cause the posting of proper signs along the above described streets and parking zones. Section 4: It shall be unlawful for driver of a vehicle to disobey the instruction of the signs placed in accordance with the provisions of this ordinance unless at the time otherwise directed by a Police Officer. Section 5: Any person,firm or corporation violating any provision of this ordinance or failing to comply with any requirement of the ordinance will be guilty of a misdemeanor and subject to a fine of up to five hundred($500.00)dollars upon conviction. Section 6: If any section,subsection,sentence,clause,phrase or portion of this ordinance is for any reason held invalid or unconstitutional, such portion shall be deemed a separate,distinct and independent provision and such holding shall not affect any of the remaining provisions of this ordinance. Section 7: All ordinances and parts of ordinances in conflict with the provisions of this ordinance are hereby repealed; provided,however,that such repeal shall be only to the extent of such inconsistency and in all other respects this ordinance shall be cumulative of other ordinances regulating and governing the subject matter covered by this ordinance. Section 8: This ordinance shall take effect ten(10)days after its passage by the City Council. The City Secretary shall publish the caption of this ordinance in the official City newspaper at least twice within ten(10)days of its passage. PASSED AND APPROVED THIS 3RD DAY OF OCTOBER,1995. THE CITY OF HUNTSVILL �JAT William B.Green,Mayor /AAT/T,t^7�EST: Danna Welter,City Secretary APPROVED: .,L x6y� Scott Bounds,City Attorney RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: ORDINANCE 95-33 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE,TEXAS,AMENDING CHAPTER 12,NONDISCIPLINARY SEPARATIONS, OF THE PERSONNEL RULES OF THE CITY OF HUNTSVILLE,TEXAS,TO PERMIT CERTAIN EMPLOYEES ELIGIBLE FOR RETIREMENT,THEIR SPOUSES AND DEPENDENTS,TO REMAIN MEMBERS OF THE CITY OF HUNTSVILLE'S HEALTH PLAN, AND MAKING OTHER FINDINGS AND PROVISIONS RELATED THERETO. WHEREAS the Trustees of the Employee Medical Benefit Plan of the City of Huntsville, Texas,have recommended certain changes in the City's personnel rules to permit continued use of the City's health plan by employees eligible to retire, and their spouses and dependents;and WHEREAS the City Council wants to carry out these changes; NOW, THEREFORE, BE 1T ORDAINED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE,TEXAS,THAT: SECTION 1. Chapter 12, "NONDISCIPLINARY SEPARATIONS," of the City of Huntsville's Personnel Rules,is amended by adopting a new Section 4, Retirement,that shall read: Section 4. Retirement. a. Eligible employees may separate fi•atn City employment by retirement according to applicable programs. Permanent employees will retire from City employment on the last day of the calendar year in which then 70th birthday occurs. The City may defer an employee's retirement with the employee's consent and with the approval ofthe City Manager and City Council, provided, that the employee must pass an appropriate physical examination. The City will grant retirement deferments on a year to year basis. See 42 U.S.C.§300bb-1. b. A retired employee,may continue health plan coverage at the same cost that the City sets for regular employees or employee dependents if the retired employee retires with eighty or more points(age plus service). The City will continue to pay the retired employee's health plan cost as if the retired employee were an employee of the City while that retired employee remains a member of the City's health plan. C. Except as provided in subsection b above, 1. A retired employee that retires under the Texas Municipal Retirement System with seventy or more points,or 2. The spouse or a dependent ofa retired employee with seventy or more points: maypurchase health plan benefits through the City's health plan to continue the health plan coverage,if any,for the retired employee, spouse or dependent that they maintained at the time of the employee's retirement from the City under the following conditions: 3. The retired employee,spouse or dependent, must pay in advance by bank draft(ACH)the health plan cost established by the Cityfor the employee, spouse or dependent plus a two(2)percent administrative fee;and 4. The City will stop health plan coverage ifpaynients are more than one month delinquent;and d. The scope ofhealth plan coverage for retirees and their spouses or dependents will be subject to the same terms and conditions,and changes to terms and conditions, as that for regular employees and/or dependents. e. To be eligible for health plan coverage,the City's health plan must cover the retired employee, the retired employee's spouse and/or dependent at the time of the employee's retirement from the City. The City will not permit the addition of new dependents to the health plan after the employee's retirement. Ifa retired employee, or that retired employee's spouse and/or dependents stop health plan coverage for any reason, then the city will not permit the retired employee and/or spouse or dependent,as appropriate,to reenter the City health plan. f. Ifan employee dies while employed by the City with sufficient points to have retired, then the City will treat the employee as a retired employee as of the date of death. g. An employee that retires under any of the disability retirement options of the Texas Municipal Retirement System(T.M.R.S.)will not be eligible for any of the health plan benefits described in the section unless qualified by age and years of service as described In any event, the City requires a minimum often years employment service for the Cityfor any of the health plan benefits described herein. h. The Cityprovides additional retirement benefits through the Municipal Retirement System. All regular employees working 1,000 hours or more per year are eligible to enroll. Each employee is required to deposit 6%oftheir salary to the retirement fund. The City makes a contribution equal to 12 %of the employee's salary; however, the employee vests to the City money only after(ten) 10 years service. Additional information regarding T.M.R.S. is available through the Human Resources Division. Eligible employees may retire with 20 years ofservice at any age or at age 55 with at least ten years of service. 1. The City does not participate in social security(the Federal Insurance Contribution Act). Employees hired by the City after April 1, 1956, however, are required to participate in medicare; and employees not eligible to participate in the Texas Municipal Retirement System shall elect to contribute 7.5% or more of their compensation to the City's Section 457 deferred compensation program. SECTION 2. This ordinance shall take effect from and after its adoption by City Council. APPROVED this 3rd day of October,1995. THE CITY OF HUNTSVILLE Vv William B.Green,Mayor ATTEST: I/ rt ttiaJ,� l A J Danna Welter,City Secretary A PPRED: �L, Scott Bounds,City Attorney RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF PILE: �Y►1�nd ,�ir� S�ccnCl�,rc�5-�c�-�h�c �eu.�lcpr��erc-� ORDINANCE NO.95-35 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, AMENDING CHAPTER 11 OF THE DEVELOPMENT CODE RELATING TO SIGN STANDARDS; SUSPENDING THE TWELVE MONTH BAN ON ALL PORTABLE SIGNS; AND MAKING OTHER PROVISIONS AND FINDINGS RELATED HERETO. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE,TEXAS,THAT: SECTION 1: Chapter 11,Sign Standards,of the Development Code of the City of Huntsville, Texas,is hereby amended by the adoption of a new section 1104.16.Portable signs as follows: 1104.16 Portable signs (1) No new portable signs will be allowed in the City. (2) A developer,owner or leasee shall remove the following portable signs from the City by November 1,1995,or as soon thereafter as applicable: (a) Portable signs not lawfully in place on August 15,1995; (b) Any portable sign,or substantial part of it,blown down or otherwise destroyed or dismantled for any purpose other than maintenance operations or for changing the letters,symbols,or other matter on the sign. A portable sign or substantial part of it is considered to have been destroyed if the cost of repairing the sign is more than 60 percent of the cost of erecting a new sign of the same type at the same location. SECTION 2: Any person,firm or corporation violating any provision of this ordinance or failing to comply with any requirement of the ordinance will be guilty of a misdemeanor and subject to a fine of up to two thousand($2,000.00)dollars upon conviction. Each day during or upon which a person shall violate or continue violation of any provision of this ordinance shall constitute a distinct and separate offense. The violation of any provision of the ordinance or the failure to comply with any requirement of this ordinance shall each constitute a distinct and separate offense. Texas Local Government Code§53.001 and§54.001. SECTION 3: If any section,subsection,sentence,clause,phrase or portion of this ordinance is for any reason held invalid or unconstitutional,such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect any of the remaining provisions of this ordinance. SECTION 4: All ordinances and parts of ordinances in conflict with the provisions of this ordinance are hereby repealed; provided,however,that such repeal shall be only to the extent of such inconsistency and in all other respects this ordinance shall be cumulative of other ordinances regulating and governing the subject matter covered by this ordinance. SECTION 5: This ordinance shall take effect ten(10)days after its passage by the City Council. The City Secretary shall publish the caption of this ordinance in the official City newspaper at least twice within ten (10) days of its passage. Texas Local Government Code§52.013. PASSED AND APPROVED this the 24th day of October,1995. THE CITY OF HUNTSVILLE William B.Green,Mayor n,� ATTEST: l ti� Danna Welter,City Secretary APPROVED AS TO FORM: sl &� Scott Bounds,City Attorney RECORDS SERIES TITLE-: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF PILE: ��s+ri(�-�cse5si�z �f-�ire�xr»s 12-12-96 ORDINANCE NO.95-41 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE,TEXAS,RESTRICTING THE POSSESSION OF FIREARMS ON CITY PREMISES; AMENDING THE PERSONNEL RULES OF THE CITY OF HUNTSVILLE BY PROHIBITING THE POSSESSION OF FIREARMS IN CITY BUILDINGS AND ON CITY PARKS;AMENDING THE CODE OF ORDINANCES TO PROHIBIT THE POSSESSION OF FIREARMS IN CITY BUILDINGS AND CITY PARKS; PROVIDING A PENALTY NOT TO EXCEED $500 FOR EACH VIOLATION;PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE; AND MAKING OTHER PROVISIONS RELATED THERETO. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE,TEXAS, that: SECTION 1: Chapter 10,Conduct,of the Personnel Rules of the City of Huntsville,Texas,is hereby amended by the addition of Section 16 to read: Section 16 Ci , employees prohibited from carring weapons on City property: exceptions. A. Employees of the City may not have on their person, either concealed or unconcealed,or in their immediate possession,or bring onto any premises of the City anyfirearm,gun,pistol or other similar item,regardless whether the person is licensed by the State of Texas to carry a concealed weapon. B. The following City of Huntsville employees are authorized to carryfirearms or other weapons when the firearm is issued to them or approved by the City: 1) Police; 2) Security guards; 3) Court bailiffs;or 4) Specially deputized employees of the City. SECTION 2: Chapter 13,Offenses and Miscellaneous Provisions,of the Code of Ordinances of the City of Huntsville is hereby amended by the addition of new Section 13-6.2 to read: Section 13-6.2. Possession o�rtrearnrs on City premises prohibited. A. A person commits an offense if the person carries a firearm in any City building. B. A person:commits an offense if the person carries afrrearm in any City park. C. Itis a defense to prosecution under subsections A and B that the person possessed thejrearm while in the actual discharge ofofficial duties as: 1) a peace officer or a member of the armed forces or national guard or a guard employed by a penal institution,or an officer of the court;or 2) a security officer commissioned by the Texas Board ofPrivate Investigators and private security agencies if.• a) the person is wearing a distinctive uniform;and b) the firearm is in plain view. D. It it a defense to prosecution under subsection B that the State of Texas licensed the person to carry a concealed handgun. E. "City Building"means any building or portion of a building owned,occupied, leased or controlled by the City of Huntsville, Texas,for City operations and activities. The term does not include any public or private driveway, street, sidewalk or walkway,parking lot,parking garage,or other parking area. SECTION 3: The City Manager is directed to post City buildings and parks with notices in substantially the following form: FIREARMS PROHIBITED City Ord No. SECTION 4: Any person,firm or corporation violating any provision of this ordinance or failing to comply with any requirement of the ordinance will be guilty of a misdemeanor and subject to a fine of up to five hundred($500.00)dollars upon conviction. Each day during or upon which a person shall violate or continue violation of any provision of this ordinance shall constitute a distinct and separate offense. The violation of any provision of the ordinance or the failure to comply with any requirement of this ordinance shall each constitute a distinct and separate offense. Texas Local Government Code§53.001 and§54.001. SECTION 5: If any section,subsection,sentence,clause,phrase or portion of this ordinance is for any reason held invalid or unconstitutional,such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect any of the remaining provisions of this ordinance. SECTION 6: All ordinances and parts of ordinances in conflict with the provisions of this ordinance are hereby repealed; provided,however,that such repeal shall be only to the extent of such inconsistency and in all other respects this ordinance shall be cumulative of other ordinances regulating and governing the subject matter covered by this ordinance. SECTION 7: This ordinance shall take effect ten(10)days after its passage by the City Council. The City Secretary shall publish the caption of this ordinance in the official City newspaper at least twice within ten (10) days of its passage. Texas Local Government Code§52.013. PASSED AND APPROVED THIS 12TH DAY OF DECEMBER,1995. THE CITY OF HUNTSVILLE William B.Green,Mayor ATTEST: ee ,, plmw�C�t) Danna Welter,City Secretary APPROVED: lt-vl is�r-4 Scott Bounds,City Attorney RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE-,NO.: 1000-05 CONTENTS OF PILE: Drdmnef- �errru�- add 1, Sec�cty-F�-��us ORDINANCE NO.95-42 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE,TEXAS,AMENDING CHAPTER 17,WATER AND SEWERS OF THE CODE OF ORDINANCES OF THE CITY OF HUNTSVILLE,TEXAS,TO PERMIT ADDITIONAL SECURITY FOR BILLS; AND MAKING OTHER PROVISIONS AND FINDINGS RELATED THERETO. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE,TEXAS, that: SECTION 1: Chapter 17,Water and Sewers of the Code of Ordinances of the City of Huntsville, Texas,is amended by changing Section 17-12f to read: Section 17-12. Connection charges:deposits to secure payment of utility service bills. F. Security for payment of utility service charges may be"lade by cash deposit with the City, or by an approved certificate of deposit in the name of the City of Huntsville at a Walker Countyfinancial institution or by an approved letter of credit at a state or national bank domiciled in Texas. PASSED AND APPROVED THIS 12TH DAY OF DECEMBER,1995. THE CITY OF HUNTSVILLE illiam B.Green,Mayor ATTEST: ' ) Danna Welter,City Secretary APPROVED: 14k �EZ� Scott Bounds,City Attorney RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF PILE: OrC�i- on to cl�-3c, &W Oo-y, ORDINANCE NO.95-36 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE,TEXAS,ORDERING A MUNICIPAL ELECTION TO BE HELD ON THE 20TH DAY OF JANUARY,1996,FOR THE PURPOSE OF ELECTING FOUR COUNCILMEMBERS FROM THE RESPECTIVE AT LARGE POSITIONS ONE,TWO,THREE AND FOUR;PROVIDING FOR ELECTION OFFICERS;DESIGNATING THE PLACES AND MANNER OF HOLDING THE ELECTION;AND PROVIDING FOR THE POSTING AND PUBLICATION OF NOTICE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE,TEXAS,that: SECTION 1. The regular municipal election of the City of Huntsville,prescribed by Section 6.01 of the City Charter,shall be held between the hours of seven(7:00)o'clock a.m.and seven(7:00) o'clock p.m.on the 20th day of January, 1996,in the City for the purpose of electing four councilmembers,one from each of the City's four at-large positions one,two,three and four. SECTION 2. The City is hereby divided into seven(7)election precincts. The polling places and election officials for these election precincts shall be as follows: Precinct Polling Place Judee/Altemate Judee 101 First Baptist Church Wanda Horton/ 1530 10th Street James Hartston 102,and that part of Ward 1 north of Walker County Courthouse Lillian Nimmo/ FM 2821 and east of Rosenwall 1100 University Avenue Elizabeth Olm Rd.,and that part of 103 in the City, and that part of 104 in the City,and that part of 204 in the City and north of Highway 30,and that part of 302 in the City and west of Highway Loop 19 201,and that part of 204 in the City First Presbyterian Church Betty Dunlap/ and south of Highway 30 and north 1801 19th Street John Holcombe or west of FM 1374 205,and that part of 204 in the City Elkins Lake Recreation Corp. Lou Howard/ and southeast of F.M.1374 634 Cherry Hills Lee Howard 206 Region VI Education Building Mary Jeanne Coers/ 3332 Montgomery Rd.(FM 1374) David Burris 301,and that part of 302 in the Martin Luther King Center Russell Martinez/ City and east of Hwy.Loop 19, 300 Avenue F Betty Haynes and that part of 402 in the City and north of Old Phelps Road 401,and that part of 402 in the Second Baptist Church Doug Shearer/ City and south of Old Phelps Road 720 South Sam Houston Avenue Delora King 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. SECTION 4. One councilmember shall be selected from each of the respective at-large position numbers one(1),two(2),three(3)and four(4)of the City by a majority vote of the City at-large. The councilmembers to be elected shall hold office for a period of two (2)years. SECTION 5. Each of the four councilmembers shall be citizens of the United States,qualified and registered voters of the State of Texas,residents within the present corporate limits of Huntsville for at least twelve months immediately preceding the election,and current in payment of taxes and assessments due to the City. SECTION 6. Any eligible and qualified person may have his name upon the official ballot as an independent candidate by submitting an application,which,in accordance with Texas Election Code Section 141.031,must be in writing and be signed and swom to by the candidate and indicate the date that the candidate swears to the application. The application shall include:the candidate's name;the candidate's occupation;the office sought,including the ward or place number,if any;a statement that the candidate is a United States citizen; a statement that the candidate has not been determined mentally incompetent by a final judgment of a court;a statement that the candidate has not been finally convicted of a felony from which the candidate has not been pardoned or otherwise released from the resulting disabilities;the candidate's date of birth;the candidate's residence address or,if the residence has no address,the address at which the candidate receives mail and a concise description of the location of the candidate's residence;the candidate's length of continuous residence in the state and in the territory from which the office sought is elected as of the date the candidate swears to the application;a statement that the candidate is aware of the nepotism law, Texas Government Code Chapter 573; and the statement: "I, ,of Walker County,Texas,being a candidate for the office of Councilmember,swear that I will support and defend the constitution and laws of the United States and of the State of Texas." Such application must be filed with the Mayor or City Secretary not later than 5:00 p.m.of the 45th day before election day. SECTION 7. The order in which the names of the candidates are to be printed on the ballot shall be determined by a drawing of the City Secretary as provided by section 52.094 of the Texas Election Code. The form of the ballot for the election shall be as follows: OFFICIAL BALLOT Regular Election City of Huntsville,Texas January 20,1996 INSTRUCTION NOTE: Vote for the candidate of your choice in each race by placing an "X"in the square beside the candidate's name. Councilmember,At-Large Position One (Vote for one) ❑ (candidates'name) ❑ (candidates'name) Councilmember,At-Large Position Two (Vote for one) ❑ (candidates'name) ❑ (candidates'name) Councilmember,At-Large Position Three (Vote for one) ❑ (candidates'name) ❑ (candidates'name) Councilmember,At-Large Position Four (Vote for one) ❑ (candidates'name) ❑ (candidates'name) SECTION 8. City Secretary,Danna Welter,is hereby appointed as Early Voting Clerk,and the City Hall, 1212 Avenue M,Huntsville,Texas 77340,is hereby designated as the place for early voting for the election. During the lawful early voting period,such clerk shall keep such place for early voting open for early voting from 8:00 a.m.to 5:00 p.m.on each day except Saturdays,Sundays,and official state holidays. SECTION 9. James Mathis is hereby appointed as the presiding judge of the early ballot board, and is hereby directed to perform the duties required of such by Chapter 87 of the Texas Election Code. SECTION 10.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 twenty-five (25) days nor less than ten(10) days before the election, in the newspaper; © by filing with the City Secretary,for posting,a copy of said notice at least twenty(20)days before the election;and (d) by posting at City Hall and the Walker County Courthouse bulletin boards notice of the election at least twenty(20)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 11.This ordinance shall take effect from and after its passage. PASSED AND APPROVED this 24th day of October,1995. THE CC/ITY OF HUNTSVILLE William B.Green,Mayor ATTEST: Danna Welter,City Secretary APPR'V�E/D: Scott Bounds,City Attorney RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCI-I1---DULE NO.: 1000-05 CONTENTS OF PILE: interse�b'u -Gm a4 lcn 1 �>��- ORDINANCE NO.95-37 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE,TEXAS,AMENDING CHAPTER 12,MOTOR VEHICLES AND TRAFFIC,OF ITS CODE OF ORDINANCES BY PROVIDING STOP SIGNS AT THE INTERSECTION ON F.M.247 AT F.M.980(3-WAY),PROVIDING A PENALTY OF UP TO$500 A DAY FOR CERTAIN VIOLATIONS;MAKING OTHERRELATED FINDINGS AND PROVISIONS RELATED THERETO; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE,TEXAS,THAT: Section 1: The following described intersections are designated as stop intersections: Intersection At Desi ne ated FM 247 F.M.980 3-Way Stop Section 2: Schedule VIII,Stop Intersections,of Chapter 12,Motor Vehicles and Traffic,of the Code of Ordinances of the City of Huntsville,Texas,shall be revised to reflect the amendments made by this ordinance. Section 3: The City Manager is authorized and directed to cause the posting of proper signs at the above described intersection. Section 4: It shall be unlawful for driver of a vehicle to disobey the instruction of the signs placed in accordance with the provisions of this ordinance unless at the time otherwise directed by a Police Officer. Section 5: Any person,firm or corporation violating any provision of this ordinance or failing to comply with any requirement of the ordinance will be guilty of a misdemeanor and subject to a fine of up to five hundred($500.00)dollars upon conviction. The violation of any provision of the ordinance or the failure to comply with any requirement of this ordinance shall each constitute a distinct and separate offense. Section 6: If any section,subsection,sentence,clause,phrase or portion of this ordinance is for any reason held invalid or unconstitutional,such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect any of the remaining provisions of this ordinance. Section 7: All ordinances and parts of ordinances in conflict with the provisions of this ordinance are hereby repealed; provided,however,that such repeal shall be only to the extent of such inconsistency and in all other respects this ordinance shall be cumulative of other ordinances regulating and governing the subject matter covered by this ordinance. Section 8: This ordinance shall take effect ten(10)days after its passage by the City Council. The City Secretary shall publish the caption of this ordinance in the official City newspaper at least twice within ten(10)days of its passage. PASSED AND APPROVED THIS 24TH DAY OF OCTOBER,1995. THE CITY OF HUNTSVILLE William B.Green,Mayor ATTEST: Danna Welter,City Secretary APP 0VED AS TO FORM: Scott Bounds,City Attorney RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCI-IEDULE NO.: I o00-05 CONTENTS OF FILE: OKWja jj c, G�-3g ORDINANCE NO.95-38 AN ORDINANCE AMENDING THE OPERATING AND CAPITAL IMPROVEMENTS BUDGET FOR THE CITY OF HUNTSVILLE,TEXAS,FOR THE PERIOD OCTOBER 1, 1995,THROUGH SEPTEMBER 30, 1996;AND PROVIDING FOR AN EFFECTIVE DATE HEREOF. WHEREAS On September 12,1995,the City of Huntsville adopted a budget for its fiscal year October 1,1995,through September 30,1996;and WHEREAS State law provides that the City's Charter govern budget amendments;and WHEREAS The Council desires to amend its budget to meet a pressing need for public expenditures to provide water system and airport improvements in order to protect the health,safety or welfare of this community;and WHEREAS The City Manager recommends these budget amendments; NOW,THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE,TEXAS,that: SECTION 1: The budget for the City of Huntsville,Texas,for the period of October 1,1995, through September 30,1996,is amended as follows: The appropriation for the ensuing fiscal year for the operations budget shall be fixed and determined as follows: I. General Fund $ 7,891,420 IL General Debt Service Fund 647,820 III. Special Revenue Fund 315,897 IV. Water and Sewer Fund 7,970,214 V. Sanitation Fund 2.876.688 Total Operating Funds $ 19.702.039 The appropriation for the ensuing fiscal year for the capital improvement budget shall be fixed and determined as follows: I. Street Improvements $ 544,187 IL Water&Sewer Projects 6,966,643 III. Capital Construction Crew 235,266 IV. Extension Fund 150,000 V. Airport Improvements 870,000 Total Capital Improvements $ 8.766.096 SECTION 2: The City Secretary is directed to maintain a copy of the amended budget and to file a copy thereof with the City Library and the County Clerk. SECTION 5: This ordinance shall take effect immediately after its passage. ADOPTED on this the 7th day of November,1995,by the favorable votes of two-thirds of Councilmembers qualified and serving.. THE CITY OF HUNTSVILLE,TEXAS L'ZIATZ444-� illiam B.Green,Mayor ATTEST: Danna Welter,City Secretary APPR ED AS TO F Scott Bou ds,City Attorney RECORDS SERIES 71TLF: Ordinances,Orders,Resolutions SCHEDULE-NO.: 1000-05 CONTENTS OF PILE: �num te, G�- slu ed -Pec1aY't� uxloPp� 12- I ,7 -qd ORDINANCE NO.95-39 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE,TEXAS,DECLARING EACH UNOPPOSED CANDIDATE ELECTED TO OFFICE;ORDERING THE JANUARY 1996 ELECTION NOT BE HELD;ORDERING POSTING OF THIS ORDINANCE AT CITY HALL AND ON ELECTION DAY AT EACH POLLING PLACE;AND MAKING OTHER PROVISIONS RELATED THERETO. WHEREAS by Ordinance No.95-36,the City Council has previously ordered a general election on January 20, 1996 to elect four councilmembers from the respective at-large positions one,two,three and four;and WHEREAS the election was one for officers of the City in which write-in votes may be counted only for names appearing on a list of write-in candidates and in which: (1) each candidate whose name is to appear on the ballot is unopposed;and (2) no proposition is to appear on the ballot; and WHEREAS the City Council has received the City Secretary's written certification that each candidate is unopposed for election because: (1) only one candidate's name is to be placed on the ballot for that officer under Texas Election Code Section 2.051;and (2) no candidate's name is to be placed on a list of write-in candidates for that office;and WHEREAS the unopposed candidates are: for Councilmember,At-Large Position One----------Dan Davis; for Councilmember,At-Large Position Two---------Marjorie Rex; for Councilmember,At-Large Position Three-------Andrew Holmes;and for Councilmember,At-Large Position Four---------David Martinez. NOW,THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE,that: SECTION 1: The City Council declares each unopposed candidate elected to office. SECTION 2: Dan Davis is declared elected to the office of Councilmember At-Large,Position One,subject to the taking of his oath and filing bond as provided by the laws of the State of Texas. SECTION 3: Marjorie Rex is declared elected to office of Councilmember At-Large,Position Two,subject to the taking of her oath and filing bond as provided by the laws of the State of Texas. SECTION 4: Andrew Holmes is declared elected to the office of Councilmember At-Large, Position Three,subject to the taking of his oath and filing bond as provided by the laws of the State of Texas. SECTION 5: David Martinez is declared elected to the office of Councilmember At-Large Position Four,subject to the taking of his oath and filing bond as provided by the laws of the State of Texas. SECTION 6: The municipal election for January 1996 shall not be held. SECTION 7: The City Secretary shall post a copy of this ordinance at City Hall and the Walker County Courthouse. SECTION 8: On January 20,1996,the City Secretary shall post a copy of this ordinance at each polling place that would have been used in the election. SECTION 9: The City Secretary shall issue to each candidate a certificate of election in the same manner as provided for a candidate elected at the election. SECTION 10: Ordinance No. 95-36 is repealed to the extent that it is inconsistent with this Ordinance. SECTION 11:This ordinance shall take effect immediately;provided,however,that the candidates elected to office herein shall not take office earlier than January 23,1996. PASSED AND APPROVED this 12th day of December,1995. THE CITYOF / TSrLLE William B.Green,Mayor ATTE T: Danna Welter,City Secretary APPR ED:9a Scott Bounds,City Attorney CERTIFICATION OF UNOPPOSED STATUS I,Danna Welter,City Secretary,hereby certify that the four at-large Councilmember positions scheduled for election on January 20,1996,are unopposed. The filing deadline for candidates on the ballot and for write-in candidacy closed at 5:00 p.m.on December 6,1995. There are no charter amendments or propositions on the ballot. Danna Welter,City Secretary /';L-b?-9S Date RECORDS SERIES"TITLE: Ordinances,Orders,Resolutions SCI-IEIDULE NO.: 1000-05 CONTENTS OF PILE: Drd mance q�-4a ORDINANCE NO.95-40 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, AUTHORIZING THE CITY MANAGER TO CONTRACT WITH DENNY POWELL $13,164.80 FOR THE CONSTRUCTION OF CERTAIN PUBLIC IMPROVEMENTS; AND MAKING OTHER PROVISIONS RELATED THERETO. WHEREAS on December 13, 1994,the City Council approved participation in off-site utility construction at a proposed auto/truck travel center at a cost of$13,164.80;and WHEREAS that development is now continuing; NOW,THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE,that: SECTION 1: The City Manager of the City of Huntsville,Texas,is authorized to enter into a contract to pay Denny Powell$13,164.80 upon the completion of construction,and dedication to the City in appropriate easements,of 526 linear feet of 8-inch sanitary sewer line (including two manholes) and 500 linear feet of 12-inch waterline (including one 12-inch gate valve and tie to existing line). SECTION 2: This ordinance shall take effect immediately. APPROVED this 12th day of December,1995. THE CITY OF HUNTSVILLE William B.Green,Mayor ATTEST: �na �L��/� Danna Welter,City Secretary T,L-1 Scott Bounds,City Attorney CERTIFICATE OF AUTHENTICITY Texas State Library 011 State Record Center W REEL#: 2 CAMERA: 71 IMAGES: 1554 APPROVAL#: M97-039-01 Records Filmed For: City Of Huntsville City Secretary Records Series Title: Ordinances,Orders and Resolutions Inclusive Dates of Records: 01/1888 - 12/1995 Starts With: Ordinances 90-01 Ends With: Ordinances 95-40 CERTIFICATION I HEREBY CERTIFY THAT THE MICROPHOTOGRAPHS APPEARING IN THIS REEL OF MICROFILM ARE TRUE COPIES OF THE ORIGINAL DOCUMENTS LISTED ABOVE. 9/18/96 DATE SIGNATURE OF CAMERA OPERATOR Microfilming Target RMD 201(June 1992) Texas State Library State Records Center ORDINANCES, ORDERS AND RESOLUTIONS CITY SECRETARY CITY OF HUNTSVILLE END OF REEL N ()m v-L- Microfilming Target RMD 203(August 1987) Texas State Library Reproduction of this form at the agency State Records Center level is authorized C� CONTROL TEST TARGET Kodak Quality Monitoring Program 0 100 mm 200 mm lil�u=IPI ' ll�u�url VIII I.0 2 i_ 111112-5 I.0 X288 1,