Loading...
01-05-2010 Agenda SCHERTZ CITY COUNCIL REGULAR SESSION MUNICIPAL COMPLEX COUNCIL CHAMBERS 1400 SCHERTZ PARKWAY BUILDING #4 SCHERTZ, TEXAS 78154 AGENDA TUESDAY, JANUARY 5, 2010 AT 6:30 P.M. REGULAR SESSION Call to Order Invocation and Pledges of Allegiance to the Flags of the United States and State of Texas. PRESENTATION 2009 Festival of Angels Lighting Contest Winners (J. Jewell) Hearing of Residents This time is set-aside for any person who wishes to address the City Council. Each person should fill out the speaker?s register prior to the meeting. Presentations should be limited to no more than 5 minutes. Discussion by the Council of any item not on the agenda shall be limited to statements of specific factual information given in response to any inquiry, a recitation of existing policy in response to an inquiry, and/or a proposal to place the item on a future agenda. The presiding officer, during the Hearing of Residents portion of the agenda, will call on those persons who have signed up to speak in the order they have registered. Discussion and/or Action Items Minutes 1.- Consideration and/or action regarding the approval of the minutes of the Regular Meeting of December 15, 2009. Ordinance No. 09-S-48 2.? Consideration and/or action approving an ordinance relating to Planning & Zoning Commission Alternate Members; removal and Final Reading appointments of members. (M. Spain) Ordinance No. 10-A-01 3.? Consideration and/or action approving an ordinance relating to the annexation of approximately 496.59 +/- acres, being approximately 310.04 +/- acres located West of Lost Meadows Subdivision and approximately First Reading 186.55 +/- acres known as Crescent Bend Park and related matters. (M. Sanchez) Ordinance No. 10-F-02 4.? Consideration and/or action authorizing an amendment to City Ordinance 07-F-07 as amended, relating to the Franchise of Cibolo Waste ðïóðëóîðïð ݱ«²½·´ ß¹»²¼¿ Incorporated, DBA Bexar Waste Inc., for Municipal Solid Waste Collection and disposal relating to temporary and permanent roll-off containers, repealing all ordinances or parts of ordinances in conflict with this Ordinance; and approving an First Reading effective date. (M. Sanchez) Resolution No. 10-R-01 5.? Consideration and/or action approving a resolution naming Schertz Bank and Trust as the City?s depository bank and authorizing a Bank Depository Agreement with Schertz Bank & Trust, and other related matters in connection therewith. (J. Santoya) Resolution No. 10-R-02 6.? Consideration and/or action approving a resolution naming the City?s newspaper of record.(M. Ybarra/B. Dennis) Resolution No. 10-R-03 7.? Consideration and/or action approving a resolution creating and providing 2010 funding to the Hal Baldwin Scholarship, and appointing Members of the 2010 Hal Baldwin Scholarship Committee, and resolving other matters in connection therewith. (M. Spain) EXECUTIVE SESSION Called under Section 551.071 Texas Government Code Litigation, pending litigation; Section 551.072 Texas Government Code - Deliberation regarding the purchase, exchange, sale, lease, or value of real property. Section 551.074Deliberate the appointment, employment, evaluation, ? Called Under reassignment, duties, discipline or dismissal of the City Secretary. RECONVENE TO REGULAR SESSION 8. Take any actiondeemed necessary as a result of the Executive Session. Requests and Announcements 9. Requests by Mayor and Councilmembers that items be placed on a future City Council agenda. 10. Requests by Mayor and Councilmembers to City Manager and Staff for information. 11. Announcements by Mayor and Councilmembers City and community events attended and to be attended City Council Committee and Liaison Assignments (see assignments below) Continuing education events attended and to be attended Recognition of actions by City employees Recognition of actions by community volunteers Upcoming City Council agenda items 11. Announcements by City Manager Recognition of City employee actions ðïóðëóîðïð Ý·¬§ ݱ«²½·´ ß¹»²¼¿Ð¿¹»ó î ó New Departmental initiatives Adjournment CERTIFICATION  I, BRENDA DENNIS, CITY SECRETARY OF THE CITY OF SCHERTZ, TEXAS, DO HEREBY CERTIFY THAT THE ABOVE AGENDA WAS POSTED ON THE OFFICIAL BULLETIN BOARDS ON THIS THE 30th DAY OF DECEMBER 2009 AT 12:00 P.M., WHICH IS A PLACE READILY ACCESSIBLE TO THE PUBLIC AT ALL TIMES AND THAT SAID NOTICE WAS POSTED IN ACCORDANCE WITH CHAPTER 551, TEXAS GOVERNMENT CODE. ûËØÏÙÜùØÏÏÔÊ  BRENDA DENNIS, TRMC, CMC CITY SECRETARY I CERTIFY THAT THE ATTACHED NOTICE AND AGENDA OF ITEMS TO BE CONSIDERED BY THE CITY COUNCIL WAS REMOVED BY ME FROM THE OFFICIAL BULLETIN BOARD ON _____DAY OF _______________, 2009. ____________________________Title:__________________________ This facility is accessible in accordance with the Americans with Disabilities Act. Handicapped parking spaces are available. If you require special assistance or have a request for sign interpretative services or other services please call 619-1030 at least 24 hours in advance of meeting. COUNCIL COMMITTEE AND LIAISON ASSIGNMENTS Mayor BaldwinTBA Interview Board for Boards and Commissions Investment Advisory Committee Investment Advisory Committee Audit Committee ASA Commuter Rail District Board Interview Board for Boards and Commissions AACOG Advisory Committee AACOG Economic Development TML Municipal Revenue & Taxation Committee Councilmember FowlerCouncilmember Carpenter Interview Board for Boards and Commissions TIRZ II Board Hal Baldwin Scholarship Committee Mayor Pro- Tem ScagliolaCouncilmember Trayhan Animal Control Advisory Committee Audit Committee Interview Board for Boards and Commissions Hal Baldwin Scholarship Committee ðïóðëóîðïð Ý·¬§ ݱ«²½·´ ß¹»²¼¿Ð¿¹»ó í ó Agenda No. PRESENTATION CITY COUNCIL MEMORANDUM City Council Meeting: January 5, 2010 Department: Economic Development Subject: Lighting Contest Winners BACKGROUND Economic development staff and a team of chamber members organized the annual lighting contest. Many residents and households participated and displayed their holiday cheer with their imaginative use of lights, ornaments, and other props. As in years past, the finals were extremely competitive with many homes deserving recognition of some kind. However, only five throughout the city could receive final recognition as this year?s winners. This year?s winners and their categories were: Best Illumination - 3524 Hamilton Most Creative - 3424 Dartmouth Cove Most Original - 5010 Wedgewood Most Animation - 139 Nu Pecan Grove Overall Appearance - 3657 Diamond Falls FISCAL IMPACT None Agenda No. 1 CITY COUNCIL MEMORANDUM City Council Meeting: January 5, 2009 Department: City Secretary Subject: Minutes BACKGROUND On December 15, 2009 a Regular City Council Meeting was held at the Municipal Complex Council Chambers at 6:30 p.m., 1400 Schertz Parkway Building #4. FISCAL IMPACT None RECOMMENDATION Staff recommends Council approval of the December 15, 2009 minutes. ATTACHMENT Minutes 12-15-09 MINUTES REGULAR MEETING December 15, 2009 A Regular Meeting was held by the Schertz City Council of the City of Schertz, Texas, on December 15, 2009 at 6:30 p.m., in the Municipal Complex Council Chambers, 1400 Schertz Parkway, Building #4, Schertz, Texas. The following members present to-wit: Mayor Hal Baldwin Councilmember Jim Fowler Mayor Pro-Tem David Scagliola Councilmember John Trayhan Councilmember Michael Carpenter Staff Present: City Manager Don Taylor Assistant City Manager John Bierschwale Assistant City Manager David Harris City Attorney Michael Spain City Secretary Brenda Dennis CALL TO ORDER REGULAR MEETING Mayor Baldwin called the meeting to order at 6:30 p.m. INVOCATION AND PLEDGES OF ALLEGIANCE TO THE FLAGS OF THE UNITED STATES AND STATE OF TEXAS. Councilmember Fowler gave the invocation followed by the Pledges of Allegiance to the Flags of the United States and State of Texas. NEW EMPLOYEE INTRODUCTION Parks Department Mayor Baldwin recognized Parks Director George Logan who introduced Chuck Van Zandt new Parks Manager. Mr. Van Zandt introduced the following new park employees: Ross Dye, Adan Perez, Timothy Ryan PRESENTATION Presentation and Discussion by Yolanda Suarez, 3808 Broughton regarding the need of an indoor swimming facility. Mayor Baldwin introduced City Manager Don Taylor who stated that he had received a call from Ms. Suarez and briefed the Council regarding their discussions and plan. Mr. Taylor recognized Yolanda Suarez who gave a brief PowerPoint presentation regarding the need for an indoor swimming facility for students at Clemens High School. Mr. Taylor stated that he will continue to research the ïîóïëóðç Ó·²«¬»­ feasibility of this type of facility and will be bringing information to Council at a later date. Presentation and Discussion by Oryx Development, LLC regarding a proposed Schertz Senior Multifamily Project. (G. Antuna) Mayor Baldwin recognized Economic Development Director George Antuna who introduced Mr. Colby Denison, Denison Development Construction who gave a brief PowerPoint presentation regarding building a multi-family 55 and over ?independent living? complex on Borgfeld Road in Schertz and answering questions from Council. HEARING OF RESIDENTS Ms. Jamie Phillips, 3120 Bluffs Landing Way spoke on the benefits of having a Senior Multifamily facility. Ms. Sue Winkles, 2101 Railroad Street also spoke on the benefits of having a Senior Multifamily facility. David Richmond, Planning & Zoning Chair spoke against having alternates on the Planning & Zoning Commission. Discussion and/or Action Items Minutes 1. - Consideration and/or action regarding the approval of the minutes of the Regular Meeting of December 8, 2009. Mayor Baldwin recognized Councilmember Trayhan who moved, seconded by Councilmember Fowler to approve the minutes of the regular meeting of December Vote was unanimous.Motion Carried. 8, 2009. Ordinance No. 09-M- 45 2. - Transportation Safety Advisory Commission: Alternate Final reading Members; removal and appointment of members. (M. Spain) Mayor Baldwin recognized City Attorney Michael Spain who stated that action approves changing the number of alternate positions on the Transportation Safety Advisory Commission from three (3) to two (2) and removes Ronald White as a regular member of the Commission and appoints Michael Goos to fill the remaining term of Mr. White. Mayor Baldwin recognized Councilmember Trayhan who moved, seconded by Vote Councilmember Carpenter to approve Ordinance No. 09-M-45 final reading. was unanimous. Motion carried. Ordinance No. 09-M-42 3. - Consideration and/or action approving and ordinance amending Article V Section 86 of the Code of Ordinances regarding ?No Parking, First reading and final reading stopping or standing? and declaring an emergency. (S. Willoughby/L. Dublin) ïîóïëóðç Ó·²«¬»­Ð¿¹»ó î ó Mayor Baldwin recognized Public Works Director Sam Willoughby who introduced this item stating that action amends the ordinance to specifically include ?Stopping, standing and/or parking? in bicycles lanes and installation of nineteen (19) signs strategically placed at all such zones at the beginning, middle and end of each block. City Attorney Michael Spain stated that he has looked at this ordinance and it would not be in effect until February to allow time for public education of the change. Mayor Baldwin recognized Councilmember Carpenter who moved, seconded by Mayor Pro-Tem Scagliola to approve Ordinance No. 09-M-42 first and final reading. Vote was unanimous. Motion carried. Resolution No. 09-R-61 4.- Consideration and/or action approving an Interlocal Agreement with Selma relating to the Wiederstein Road West Dietz Creek Bridge Structure. (S. Willoughby) Mayor Baldwin recognized Assistant City Manager John Bierschwale who introduced this item stating that action allows the City to enter into an Interlocal Agreement with the City of Selma to share the construction costs for the new bridge structure on Wiederstein Road where it crosses Jupe Land and Ike Lane in the Live Oak Hills Subdivision. He stated Council awarded the bid for the project to V. K. Knowlton on November 10, 2009. The City of Schertz will be responsible for the remaining and ongoing maintenance costs. Total funds received from the City of Selma would be $143.053. Mayor Baldwin recognized Councilmember Trayhan who moved, seconded by Vote was unanimous. Mayor Pro-Tem Scagliola to approve Resolution No. 09-R-61. Motion carried. SSLGC Board Member Appointments 5.- Consideration and/or action approving appointment of SSLGC Board Members. (Mayor) Mayor Baldwin introduced this items stating Mr. Syd Bauer will be retiring and this action appoints Kenneth Greenwald as the City of Schertz representative to the Schertz Seguin Local Government Corporation. Mayor Baldwin recognized Mayor Pro-Tem Scagliola who moved, seconded by Councilmember Carpenter to approve the appointment of Kenneth Greenwald as the City of Schertz representative to the Schertz Seguin Local Government Corporation. Vote was unanimous. Motion carried. Appointment/Reappointment to Boards and Commissions/Committees 6. ? Consideration and/or action regarding appointments/reappointments to the Library Advisory Board. (Council) Mayor Baldwin recognized Councilmember Carpenter who moved, seconded by Councilmember Trayhan to approve the reappointment of Ruth Tienor, Pattie Lovelady, Mary McAlister, Laura Wilson and Margaret Riley to the Library Advisory ïîóïëóðç Ó·²«¬»­Ð¿¹»ó í ó Board and to appoint Roger Sturdy and Shonale Burke as alternate members to the Vote was unanimous. Motion carried. Library Advisory Board. Cancelling the December 22, 2009 City Council Meeting 7.? Consideration and/or action cancelling the December 22, 2009 Council meeting (D. Taylor) Mayor Baldwin recognized City Manager Don Taylor who stated, action cancels the December 22, 2009 regular City Council meeting and in a related matter, there will be no meeting on December 29, 2009 as this is the fifth Tuesday of the month. Mayor Baldwin recognized Councilmember Carpenter who moved, seconded by Councilmember Trayhan to approve the cancellation of the December 22, 2009 City Council meeting and stated that there would be no meeting on December 29, 2009 The vote was unanimous. Motion as this is the fifth Tuesday of the month. carried. Ordinance No. 09-S-48 7A. ? Consideration and/or action approving an ordinance relating to Planning & Zoning Commission Alternate Members; removal and First Reading appointments of members. (M. Spain) Mayor Baldwin recognized City Attorney Michael Spain who introduced this item stating that action amends the Planning and Zoning Commission Ordinance to include two (2) alternate members. Mayor and Council discussed the need to have this in place. City Attorney Michael Spain asked if it would be the pleasure of the Council to allow David Richmond, the Chair of the Planning & Zoning Commission to look over the Ordinance before final reading to make sure that all the changes were correctly made. Council Concurred. Mayor recognized Councilmember Trayhan who moved, seconded by Mayor Pro- The vote was Tem Scagliola to approve Ordinance No. 09-S-48 first reading. unanimous. Motion Carried. EXECUTIVE SESSION Called under Section 551.071 Texas Government Code Litigation, pending litigation; Section 551.072 Texas Government Code - Deliberation regarding the purchase, exchange, sale, lease, or value of real property. Mayor Baldwin adjourned into executive session at 7:58 p.m. RECONVENE TO REGULAR SESSION Mayor Baldwin reconvened into Regular Session at 8:20 p.m. 8. Take any actiondeemed necessary as a result of the Executive Session. ïîóïëóðç Ó·²«¬»­Ð¿¹»ó ì ó Mayor Baldwin recognized Councilmember Carpenter who moved, seconded by Councilmember Fowler that the City settle its sewer line condemnation proceeding with Allen Jung for a payment by the City to Mr. Jung of $8,000 in exchange for (i) a permanent sewer line easement, (ii) a temporary construction easement, and (iii) The vote was unanimous. settlement in full of the condemnation proceeding. Motion Carried City Attorney Michael Spain made the following statement for the record: ?Mr. Jung offered to settle this case for $8,000, which is just a few hundred dollars more than the City offered to Mr. Jung in the first place. With the costs Mr. Jung has incurred by forcing the City to use its condemnation powers (getting his own appraisal and paying his attorney), he will likely and actually receive a good bit less than he would have received if he had just accepted the City?s original offer.? Mr. Spain further stated, ?My point in saying this is that, when the City needs to acquire property for public projects, such as sewer lines or roads, we make Fair offers based on solid appraisals. We treat property owners fairly. The City does not use its condemnation powers lightly, only as a last resort to complete necessary projects that benefit our citizens. I am glad that Mr. Jung offered to settle before he incurred even more costs. Requests and Announcements 9. Requests by Mayor and Councilmembers that items be placed on a future City Council agenda. No requests given. 10. Requests by Mayor and Councilmembers to City Manager and Staff for information. No requests given. 11. Announcements by Mayor and Councilmembers City and community events attended and to be attended City Council Committee and Liaison Assignments (see assignments below) Continuing education events attended and to be attended Recognition of actions by City employees Recognition of actions by community volunteers Upcoming City Council agenda items Mayor Baldwin recognized newly elected Mayor Pro-Tem Scagliola who stated he attended the following: December 13, 2009 Martial Arts Banquet at Kung Jung Mu Sul. ïîóïëóðç Ó·²«¬»­Ð¿¹»ó ë ó Will be attending the December 21, 2009 event with the Schertz Sweethearts at Autumn Winds. Mayor Baldwin recognized Councilmember Carpenter who stated that since the Council will not be meeting until after the first of the year, he extends to his colleagues and staff as well as the citizens of Schertz a Merry Christmas and a prosperous New Year and enjoy you time away from the City. Mayor Baldwin recognized Councilmember Fowler who stated that he would not be in attendance at the January 12, 2010 Council meeting. Mayor Baldwin reminded everyone of the employee holiday party Wednesday December 16, 2009 at the Civic Center. 12. Announcements by City Manager Recognition of City employee actions New Departmental initiatives City Manager Don Taylor, Assistant City Managers John Bierschwale and David Harris extended holiday wishes to all. ADJOURNMENT As there was no further action, Mayor Baldwin adjourned the meeting at 8:28 p.m. ___________________________________ Hal Baldwin, Mayor ATTEST: ______________________________________ Brenda Dennis, TRMC, CMC City Secretary ïîóïëóðç Ó·²«¬»­Ð¿¹»ó ê ó Agenda No. 2 CITY COUNCIL MEMORANDUM City Council Meeting: January 5, 2010 Department: City Attorney Subject: Planning andZoning Commission: Alternate Members BACKGROUND The Planning and Zoning Commission was established by the City Council in 1987 with seven members pursuant to Ordinance No. 87-S-9, as amended in 1991 (twice). City Council has expressed the desire to provide for two alternate positions on certain City advisory groups, including the Planning and Zoning Commission. The attached Ordinance would amend and restate Ordinance No. 87-S-9, as amended, to provide for two alternate Commission members. The Ordinance includes the following changes: (i) Sections II 3 and 4 and IV 3 and 4 are new; (ii) other Sections are modified to reference regular or alternate members (Sections II 2, III 2 and 3, IV 1, 4, 5, and 6, and VI 1 and 2); (iii) a parenthetical exception has been added to Section VII 2; (iv) consistent use of defined terms; and (v) spelling and capitalization errors have been corrected, cross-references to Texas statutes have been corrected, and certain non-substantive changes such as rearrangement of provisions or deletion of identical repetitive provisions have been made. FISCAL IMPACT None RECOMMENDATION Adoption of Ordinance No. 09-S-48. Final reading. ATTACHMENT Changes to the Ordinance recommended by Dave Richmond Ordinance No. 09-S-48 CCM Ordn 09-S-48.doc ORDINANCE NO. 09-S-48 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AMENDING AND RESTATING ORDINANCE NO. 87-S-9, AS AMENDED, REGARDING THE PLANNING AND ZONING COMMISSION, INCLUDING THE ADDITION OF ALTERNATE MEMBERS ON SUCH COMMISSION, AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS: I. Ordinance No. 87-S-9, as amended by Ordinance Nos. 91-S-7 and 91-S-18, relates to the Planning and Zoning Commission and is hereby amended and restated as follows to provide for two (2) alternate members of the Commission and to make conforming changes related thereto: ?TABLE OF CONTENTS SECTION ICREATION AND PURPOSE SECTION IIMEMBERSHIP AND APPOINTMENT SECTION IIITERMS OF OFFICE AND REMOVAL FROM OFFICE AND REPLACEMENTS SECTION IVORGANIZATION SECTION VDUTIES AND POWERS SECTION VICOMMISSION ACTIONS SECTION VIIDISQUALIFICATION FROM VOTING SECTION I - CREATION AND PURPOSE A Planning and Zoning Commission (the ?Commission?) is hereby created in order to accomplish the following: 1.to identify community needs and to advise the City Council of their short-range and long-range implications for the total development of the City; 1 50259683.2 2.to recommend achievable community goals as a basis for long?range planning and development programs; 3.to recommend plans, programs, and policies that will aid the entire community in achieving its defined goals; and 4.to interpret the adopted plans and programs to concerned citizens so that private activities and desires may be accomplished in harmony with public needs and policies. SECTION II - MEMBERSHIP AND APPOINTMENT 1.The Commission shall be composed of seven (7) regular members. Appointment of regular members will be for two (2) year periods. The City Council will appoint to the Commission only those persons who have demonstrated their civic interest, general knowledge of the community, interest in planning and zoning, and availability to prepare for and attend meetings. 2.The regular members of the Commission shall be registered voters residing within the corporate limits of the City and shall be representative of separate sections of the City dependent upon the personnel. applicants. availability of qualified [][] 3.In addition, the City Council may from time to time appoint up to two (2) additional persons as alternate members of the Commission. Such persons shall also be residents and registered voters of the City and may be appointed for terms not exceeding two (2) years. Such persons shall be designated by the City Council as Alternate No. 1 or No. 2. Alternate members shall be entitled to receive notice of all Commission meetings. Alternate members may comment on matters coming before the Commission in the same manner that regular members may comment but, except as provided below, shall have no authority to vote and, unless serving in place of an absent regular member as provided below, shall not be considered in determining the presence of a quorum. 4.In the absence from a meeting of the Commission of up to two regular members, alternate members who are present (in alternating order if there is only one regular member absent) shall, for such meeting, be counted toward a quorum, vote, and have all other rights of the absent regular members (except any absent regular member?s office on the Commission). If the regular member for whom an alternate member is serving subsequently arrives at the meeting, he or she shall not participate in such meeting, and the 2 50259683.2 alternate member shall continue to serve until the conclusion of such meeting. SECTION III - TERMS OF OFFICE[ AND][,] REMOVAL FROM OFFICE AND REPLACEMENTS 1.The terms of three (3) of the regular members of the Commission will expire on October first of each odd-numbered year and the terms of four (4) of the regular members shall expire on October first of each even-numbered year. Commission members may be appointed to succeed themselves, but no member shall be appointed for a term in excess of two (2) years. Newly appointed members will be installed at the first regular Commission meeting after their appointments. 2.The City Council may remove regular members or alternate members of the Commission from office for malfeasance, conviction of a crime involving moral turpitude, or failure to attend two-thirds of the regular meetings of the Commission. 3.In the event of the death, resignation, or removal of a regular or alternate member, the City Council shall appoint a replacement regular or alternate member to serve for the remainder of such member?s term. There shall be no limit on the number of terms an individual may serve on the Commission as a regular or alternate member. SECTION IV - ORGANIZATION 1.The Commission shall hold an organizational meeting in October every two (2) years and shall elect a Chairman and Vice-Chairman from among its regular members before proceeding to any other matters of business. No member currently serving as Chairman or Vice-Chairman shall be nominated to succeed himself as Chairman or Vice Chairman if he has served a full one-year term in either of such capacities, except by unanimous vote of the Commission. The Commission shall elect a Secretary and such other officers, as it deems necessary either from its membership or from staff representatives assigned by the City Manager of the City to work with the Commission. The Commission shall adopt its own rules of procedure and keep a record of its proceedings consistent with the provisions of this Article and the requirements of applicable State statutes. The Commission shall meet regularly and shall designate the time and place of its meetings. 2.The City shall provide staff support to the Commission through the development City Manager in coordination with the director of [ 3 50259683.2 services, the director ofchief of policecity ]public works, the [][ engineer, the director of parks, recreation, and community service ], and a City Council liaison, each of whom shall serve as ad hoc members of the Commission. 3.Funding for Commission activities shall be provided by the City as a line item in the City budget. 4.Regular meetings of the Commission shall be held at least quarterly. Special meetings may be called by the chair or by any two regular members of the Commission. Four members of the Commission shall constitute a quorum, which shall be required for a the Commission to conduct business. The vote of [ majorityfour (4) ][] of the members (including any alternate member or members acting in the absence of a regular member or members) present shall be required for any action to be effective. Meetings of the Commission shall be conducted in accordance with the Texas Open Meetings Act. Notice of meetings shall be posted in accordance with such Act by the secretary. Minutes of Commission meetings shall be prepared by the secretary, and such minutes shall be distributed to all regular and alternate members and shall be made available under standard City procedures to other interested persons. 5.The regular and alternate members of the Commission shall serve without compensation, except for reimbursement of actual expenses attendant to the performance of their duties as authorized by the City Manager. 6.The Chairman may establish permanent or special committees. Membership on committees may include individuals who are not regular or alternate members of the Commission, but every committee shall be chaired by a regular member of the Commission. SECTION V ? DUTIES AND POWERS The Commission is hereby charged with the duty and invested with the authority to: 1.inspect property and premises at reasonable hours where required in the discharge of its responsibilities under the laws of the State and of the City; 2.formulate and recommend to the City Council for its adoption of a City Plan (the ?Plan?) for the orderly growth and development of the City and its environs, and from time to time recommend such 4 50259683.2 changes in the Plan as it finds will facilitate the movement of people and goods, and the health, recreation, safety, and general welfare of the citizens of the City; 3.formulate a zoning plan as may be deemed best to carry out the goals of the City Plan; hold public hearings and make recommendations to the City council relating to the creation, amendment, and implementation of zoning regulations and districts as provided by State law authorizing cities to adopt regulations; all powers granted under such laws are specifically adopted and made a part hereof; 4.exercise all the powers of a planning and zoning commission as to approval or disapproval of plans, plats or replats as provided by State law; 5.study and recommend on the location, extension, and planning of public rights-of-way, parks or other public places, and on the vacation or closing of same; 6.study and recommend on the general design and location of public buildings, bridges, viaducts, street fixtures, and other structures , and appurtenances[] and study and recommend on the design or alteration and on the location or relocation of works of art which are, or may become, the property of the City; 7.initiate, in the name of the City, for consideration at public hearings all proposals: a.for the opening, vacating or closing of public rights-of-way, parks or other public places; b.for the original zoning of annexed areas; and c.for the change of zoning district boundaries on an area- wide basis, provided that no fee shall be required for the filing of any such proposal in the name of the City; 8.formulate and recommend to the City Council for its adoption, policies and regulations consistent with the adopted Plan governing the location and/or operation of utilities, public facilities and services owned or under the control of the City; and 9.keep itself informed with reference to the progress of city planning in the United States and other countries and recommend improvements in the adopted plans of the City. 5 50259683.2 SECTION VI ? COMMISSION ACTIONS 1.A motion may be made by any regular member or alternate member duly sitting in place of a regular member other than the presiding officer. 2.A motion to approve any matter before the Commission or to recommend approval of any request requiring Council action shall require four (4) favorable votes of the regular members or alternate members duly sitting in place of regular members present. When fewer than seven (7) members (including regular members or alternate members duly sitting in place of regular members) are present for the voting and when all motions to recommend on a given application fail to secure four (4) concurring votes, considerations of the applicationsconsideration of such [][ application ] shall be continued to the next regular meeting upon motion carried by a majority of those present. Provided further that no request or application shall be continued under the rule beyond the next regular meeting, failure of the Commission to secure four (4) concurring votes to approve or recommend approval at the next regular meeting shall be recorded in the minutes as a denial of the proposal under the rule. 3.Recommendations forwarded to the City Council shall contain all reasons and causes for action taken by the Planning and Zoning Commission 4.The Chairperson is a voting member and will vote on each motion presented. SECTION VII ? DISQUALIFICATION FROM VOTING A member shall disqualify himself from voting whenever he finds the following conditions to exist: 1.a personal or monetary interest in the property under appeal; 2.he will be directly affected (other than as a member of the general public) by the decision of the Commission; and 3.whenever any applicant, or his agent, has sought to influence the vote of the member on his application, other that in a public meeting of the Commission.? II. 6 50259683.2 The City Attorney is hereby directed to revise the Commission?s Rules of Procedure to conform to the provisions of Part I of this Ordinance. III. All ordinances or parts of ordinances in conflict with this Ordinance are hereby repealed. Should any portion or part of this Ordinance be held for any reason invalid, unconstitutional, or unenforceable, the same shall not be construed to affect any other valid portion hereof, but all valid portions hereof shall remain in full force and effect. IV. This Ordinance shall be effective from and after its final passage and any publication required by the City Charter. APPROVED on first reading the 15day of December, 2009. th PASSED, APPROVED AND ADOPTED this the 5 day of January, 2010. th Mayor, City of Schertz, Texas ATTEST: City Secretary, City of Schertz (Seal of City) 7 50259683.2 ORDINANCE NO. 09-S-48 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AMENDING AND RESTATING ORDINANCE NO. 87-S-9, AS AMENDED, REGARDING THE PLANNING AND ZONING COMMISSION, INCLUDING THE ADDITION OF ALTERNATE MEMBERS ON SUCH COMMISSION, AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS: I. Ordinance No. 87-S-9, as amended by Ordinance Nos. 91-S-7 and 91-S-18, relates to the Planning and Zoning Commission and is hereby amended and restated as follows to provide for two (2) alternate members of the Commission and to make conforming changes related thereto: ?TABLE OF CONTENTS SECTION I CREATION AND PURPOSE SECTION II MEMBERSHIP AND APPOINTMENT SECTION III TERMS OF OFFICE AND REMOVAL FROM OFFICE AND REPLACEMENTS SECTION IV ORGANIZATION SECTION V DUTIES AND POWERS SECTION VI COMMISSION ACTIONS SECTION VII DISQUALIFICATION FROM VOTING SECTION I - CREATION AND PURPOSE A Planning and Zoning Commission (the ?Commission?) is hereby created in order to accomplish the following: 1. to identify community needs and to advise the City Council of their short-range and long-range implications for the total development of the City; 2. to recommend achievable community goals as a basis for long? range planning and development programs; 1 Ordn 09-S-48.doc 3. to recommend plans, programs, and policies that will aid the entire community in achieving its defined goals; and 4. to interpret the adopted plans and programs to concerned citizens so that private activities and desires may be accomplished in harmony with public needs and policies. SECTION II - MEMBERSHIP AND APPOINTMENT 1. The Commission shall be composed of seven (7) regular members. Appointment of regular members will be for two (2) year periods. The City Council will appoint to the Commission only those persons who have demonstrated their civic interest, general knowledge of the community, interest in planning and zoning, and availability to prepare for and attend meetings. 2. The regular members of the Commission shall be registered voters residing within the corporate limits of the City and shall be representative of separate sections of the City dependent upon the availability of qualified applicants. 3. In addition, the City Council may from time to time appoint up to two (2) additional persons as alternate members of the Commission. Such persons shall also be residents and registered voters of the City and may be appointed for terms not exceeding two (2) years. Such persons shall be designated by the City Council as Alternate No. 1 or No. 2. Alternate members shall be entitled to receive notice of all Commission meetings. Alternate members may comment on matters coming before the Commission in the same manner that regular members may comment but, except as provided below, shall have no authority to vote and, unless serving in place of an absent regular member as provided below, shall not be considered in determining the presence of a quorum. 4. In the absence from a meeting of the Commission of up to two regular members, alternate members who are present (in alternating order if there is only one regular member absent) shall, for such meeting, be counted toward a quorum, vote, and have all other rights of the absent regular members (except any absent regular member?s office on the Commission). If the regular member for whom an alternate member is serving subsequently arrives at the meeting, he or she shall not participate in such meeting, and the alternate member shall continue to serve until the conclusion of such meeting. 2 Ordn 09-S-48.doc SECTION III - TERMS OF OFFICE, REMOVAL FROM OFFICE AND REPLACEMENTS 1. The terms of three (3) of the regular members of the Commission will expire on October first of each odd-numbered year and the terms of four (4) of the regular members shall expire on October first of each even-numbered year. Commission members may be appointed to succeed themselves, but no member shall be appointed for a term in excess of two (2) years. Newly appointed members will be installed at the first regular Commission meeting after their appointments. 2. The City Council may remove regular members or alternate members of the Commission from office for malfeasance, conviction of a crime involving moral turpitude, or failure to attend two-thirds of the regular meetings of the Commission. 3. In the event of the death, resignation, or removal of a regular or alternate member, the City Council shall appoint a replacement regular or alternate member to serve for the remainder of such member?s term. There shall be no limit on the number of terms an individual may serve on the Commission as a regular or alternate member. SECTION IV - ORGANIZATION 1. The Commission shall hold an organizational meeting in October every two (2) years and shall elect a Chairman and Vice-Chairman from among its regular members before proceeding to any other matters of business. No member currently serving as Chairman or Vice-Chairman shall be nominated to succeed himself as Chairman or Vice Chairman if he has served a full one-year term in either of such capacities, except by unanimous vote of the Commission. The Commission shall elect a Secretary and such other officers, as it deems necessary either from its membership or from staff representatives assigned by the City Manager of the City to work with the Commission. The Commission shall adopt its own rules of procedure and keep a record of its proceedings consistent with the provisions of this Article and the requirements of applicable State statutes. The Commission shall meet regularly and shall designate the time and place of its meetings. 2. The City shall provide staff support to the Commission through the City Manager in coordination with the director of development services, the director of public works, the city engineer, the director of parks, recreation, and community service, and a City 3 Ordn 09-S-48.doc Council liaison, each of whom shall serve as ad hoc members of the Commission. 3. Funding for Commission activities shall be provided by the City as a line item in the City budget. 4. Regular meetings of the Commission shall be held at least quarterly. Special meetings may be called by the chair or by any two regular members of the Commission. Four members of the Commission shall constitute a quorum, which shall be required for the Commission to conduct business. The vote of four (4) of the members (including any alternate member or members acting in the absence of a regular member or members) present shall be required for any action to be effective. Meetings of the Commission shall be conducted in accordance with the Texas Open Meetings Act. Notice of meetings shall be posted in accordance with such Act by the secretary. Minutes of Commission meetings shall be prepared by the secretary, and such minutes shall be distributed to all regular and alternate members and shall be made available under standard City procedures to other interested persons. 5. The regular and alternate members of the Commission shall serve without compensation, except for reimbursement of actual expenses attendant to the performance of their duties as authorized by the City Manager. 6. The Chairman may establish permanent or special committees. Membership on committees may include individuals who are not regular or alternate members of the Commission, but every committee shall be chaired by a regular member of the Commission. SECTION V ? DUTIES AND POWERS The Commission is hereby charged with the duty and invested with the authority to: 1. inspect property and premises at reasonable hours where required in the discharge of its responsibilities under the laws of the State and of the City; 2. formulate and recommend to the City Council for its adoption of a City Plan (the ?Plan?) for the orderly growth and development of the City and its environs, and from time to time recommend such changes in the Plan as it finds will facilitate the movement of people and goods, and the health, recreation, safety, and general welfare of the citizens of the City; 4 Ordn 09-S-48.doc 3. formulate a zoning plan as may be deemed best to carry out the goals of the City Plan; hold public hearings and make recommendations to the City council relating to the creation, amendment, and implementation of zoning regulations and districts as provided by State law authorizing cities to adopt regulations; all powers granted under such laws are specifically adopted and made a part hereof; 4. exercise all the powers of a planning and zoning commission as to approval or disapproval of plans, plats or replats as provided by State law; 5. study and recommend on the location, extension, and planning of public rights-of-way, parks or other public places, and on the vacation or closing of same; 6. study and recommend on the general design and location of public buildings, bridges, viaducts, street fixtures, and other structures and appurtenances, and study and recommend on the design or alteration and on the location or relocation of works of art which are, or may become, the property of the City; 7. initiate, in the name of the City, for consideration at public hearings all proposals: a. for the opening, vacating or closing of public rights-of-way, parks or other public places; b. for the original zoning of annexed areas; and c. for the change of zoning district boundaries on an area- wide basis, provided that no fee shall be required for the filing of any such proposal in the name of the City; 8. formulate and recommend to the City Council for its adoption, policies and regulations consistent with the adopted Plan governing the location and/or operation of utilities, public facilities and services owned or under the control of the City; and 9. keep itself informed with reference to the progress of city planning in the United States and other countries and recommend improvements in the adopted plans of the City. SECTION VI ? COMMISSION ACTIONS 1. A motion may be made by any regular member or alternate member duly sitting in place of a regular member other than the presiding officer. 5 Ordn 09-S-48.doc 2. A motion to approve any matter before the Commission or to recommend approval of any request requiring Council action shall require four (4) favorable votes of the regular members or alternate members duly sitting in place of regular members present. When fewer than seven (7) members (including regular members or alternate members duly sitting in place of regular members) are present for the voting and when all motions to recommend on a given application fail to secure four (4) concurring votes, consideration of such application shall be continued to the next regular meeting upon motion carried by a majority of those present. Provided further that no request or application shall be continued under the rule beyond the next regular meeting, failure of the Commission to secure four (4) concurring votes to approve or recommend approval at the next regular meeting shall be recorded in the minutes as a denial of the proposal under the rule. 3. Recommendations forwarded to the City Council shall contain all reasons and causes for action taken by the Planning and Zoning Commission 4. The Chairperson is a voting member and will vote on each motion presented. SECTION VII ? DISQUALIFICATION FROM VOTING A member shall disqualify himself from voting whenever he finds the following conditions to exist: 1. a personal or monetary interest in the property under appeal; 2. he will be directly affected (other than as a member of the general public) by the decision of the Commission; and 3. whenever any applicant, or his agent, has sought to influence the vote of the member on his application, other that in a public meeting of the Commission.? II. The City Attorney is hereby directed to revise the Commission?s Rules of Procedure to conform to the provisions of Part I of this Ordinance. III. All ordinances or parts of ordinances in conflict with this Ordinance are hereby repealed. Should any portion or part of this Ordinance be held for any reason invalid, unconstitutional, or unenforceable, the same shall not be construed to affect any other valid portion hereof, but all valid portions hereof shall remain in full force and effect. 6 Ordn 09-S-48.doc IV. This Ordinance shall be effective from and after its final passage and any publication required by the City Charter. th APPROVED on first reading the 15day of December, 2009. th PASSED, APPROVED AND ADOPTED this the 5 day of January, 2010. Mayor, City of Schertz, Texas ATTEST: City Secretary, City of Schertz (Seal of City) 7 Ordn 09-S-48.doc Agenda No. 3 CITY COUNCIL MEMORANDUM City Council Meeting: January 5, 2010 Department: Planning Subject: Annexation of CCMA Property and Crescent Bend Park BACKGROUND Ordinance No. 10-A-01 provides for the annexation of approximately 496.59 acres, composed of approximately 310.04 acres owned by CCMA and approximately 186.55 acres which constitute Crescent Bend Park. FISCAL IMPACT Neither property will be on the tax rolls. RECOMMENDATION Adoption on first reading of Ordinance No. 10-A-01 ATTACHMENT Ordinance No. 10-A-01 CCM Ordn 10-A-01.doc ORDINANCE NO. 10-A-01 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ PROVIDING FOR THE EXTENSION OF THE BOUNDARY LINES OF THE CITY OF SCHERTZ, TEXAS BY THE ANNEXATION OF APPROXIMATELY 496.59 ACRES, BEING APPROXIMATELY 310.04 ACRES LOCATED WEST OF THE LOST MEADOWS SUBDIVISION AND APPROXIMATELY 186.55 ACRES KNOWN AS CRESCENT BEND PARK; AND RELATED MATTERS WHEREAS, the City Council of the City of Schertz (the ?City?) has determined that it should annex the territory described on Exhibit A attached hereto and made a part hereof (the ?Annexed Land?); and WHEREAS, the Annexed Land is located entirely within the extraterritorial jurisdiction of the City, is contiguous to the corporate boundaries of the City, and may be annexed pursuant to Chapter 43 of the Texas Local Government Code, as amended (the ?Act?); and WHEREAS, the City has complied with all requirements of the Act relating to annexation of the Annexed Land; and WHEREAS, the City Council of the City finds that (i) the Annexed Land is suitable for municipal purposes and (ii) it is in the best interest of the City and the citizens and inhabitants thereof that the Annexed Land be annexed to and made a part of the City. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS: SECTION 1.The City hereby annexes the Annexed Land described in Exhibit A. SECTION 2.The Annexed Land shall be included within the City?s corporate limits, effective on the effective date of this Ordinance, and all taxable property in the Annexed Land shall hereafter bear its pro rata part of the taxes levied by the City, subject to allowable exemptions. SECTION 3.The inhabitants of the Annexed Land shall be entitled to all of the rights and privileges of all the citizens of the City and shall be bound by the acts, ordinances, resolutions, and regulations of the City. SECTION 4.This Ordinance shall be in force and effect from and after its final passage. [The remainder of this page intentionally left blank.] Ordn 10-A-01.doc PASSED AND APPROVED on first reading the 5th day of January, 2010. PASSED AND FINALLY APPROVED on second and final reading the ____ day of January, 2010. Mayor ATTEST: City Secretary [CITY SEAL] S-1 Ordn 10-A-01.doc EXHIBIT A PROPERTY TO BE ANNEXED A-1 Ordn 10-A-01.doc A-2 Ordn 10-A-01.doc A-3 Ordn 10-A-01.doc A-4 Ordn 10-A-01.doc A-5 Ordn 10-A-01.doc A-6 Ordn 10-A-01.doc A-7 Ordn 10-A-01.doc A-8 Ordn 10-A-01.doc A-9 Ordn 10-A-01.doc A-10 Ordn 10-A-01.doc A-11 Ordn 10-A-01.doc A-12 Ordn 10-A-01.doc A-13 Ordn 10-A-01.doc A-14 Ordn 10-A-01.doc Agenda No. 4 CITY COUNCIL MEMORANDUM City Council Meeting: January 5, 2010 Department: Public Works Subject:Ordinance 10-F-02 - Solid Waste Franchise (First Reading) BACKGROUND City Staff recommends an amendment to the City?s solid waste franchise ordinance permitting (i) homeowners or their contractors and (ii) commercial contractors, to haul off debris from minor construction and clean-up activity. FISCAL IMPACT None RECOMMENDATION Adoption on first reading of Ordinance No. 10-F-02 ATTACHMENT Ordinance No. 10-F-02 CCM Ordn 10-F-02.doc ORDINANCE NO. 10-F-02 AN ORDINANCE AUTHORIZING AN AMENDMENT TO CITY ORDINANCE 07-F-07 AS AMENDED RELATING TO THE FRANCHISE OF CIBOLO WASTE, INCORPORATED, DBA BEXAR WASTE INC., FOR MUNICIPAL SOLID WASTE COLLECTION AND DISPOSAL RELATING TO TEMPORARY AND PERMANENT ROLL-OFF CONTAINERS; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT WITH THIS ORDINANCE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, it is in the public interest and necessary to protect the health and safety of the citizens of Schertz to have a municipal solid waste collection and disposal franchise service in the City of Schertz, Texas; and WHEREAS, the City has, by Ordinance No. 07-F-07, as amended, awarded a solid waste collection and disposal franchise (the ?Franchise?) to Cibolo Waste, Incorporated, dba Bexar Waste, Inc. (the ?Franchisee?); and WHEREAS, the City has requested an amendment to the use of temporary and permanent roll-off containers under the Franchise. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS: I That Section 6. TEMPORARY AND PERMANENT ROLL OFF CONTAINERS is amended to read: a. Rocks, waste, scrap, building materials, or other trash resulting from construction or major remodeling; resulting from a general cleanup of vacant or improved property just prior to its occupancy; or resulting from sizable amounts of trees, brush and debris cleared from property in preparation for construction, will be removed by the FRANCHISEE as part of the regular service but rates will be derived from Exhibit 1. b. Trash or construction debris resulting from minor remodeling, roofing, brush chipping, tree trimming, siding installation or replacement and similar construction activity which is performed by (i) the homeowner and/or his chosen contractor or (ii) at a commercial job site in connection with minor repairs which results in trash or construction debris may be removed daily by hauling the materials off-site; and no FRANCHISEE roll off container will be required. c. When a third party roll off container is needed or requested by the homeowner and/or his chosen contractor; or at a commercial job site then a FRANCHISEE container shall be required. d. For the purpose of this amendment, third party is defined as someone other than the property owner or agent or his chosen contractor that is performing the construction work. 50057104.1 II Section 1. City of Schertz Ordinance No. 07-F-07, as previously amended, is hereby amended solely to the extent set forth in this Ordinance, and Ordinance No. 07-F-07, as previously amended, is hereby otherwise confirmed and ratified. Section 2. If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision, and such holdings shall not affect the validity of the remaining portions thereof. Section 3. This Ordinance shall be effective from and after the date of its final adoption, acceptance by the Franchisee on page S-2, and any publication required by law. III th PASSED ON FIRST READING, the. 5 day of January 2010. PASSED, APPROVED, AND ADOPTED ON SECOND READING the ____ day of ________, 2010. Mayor, City of Schertz, Texas ATTEST: City Secretary, City of Schertz, Texas (Seal of City) ACCEPTED: CIBOLO WASTE, INCORPORATED, AS FRANCHISEE By: Title: 50057104.1 Notice Address: Cibolo Waste, Incorporated P.O. Box 577 Schertz, TX 78154 Attention: Henry Gutierrez State of Texas County of Guadalupe This instrument was acknowledged on __________ _____, 2010 by Henry Gutierrez, President of Cibolo Waste, Incorporated, a Texas corporation, on behalf of such corporation. (NOTARY SEAL) Notary Public Commission Expires 50057104.1 Agenda No. 5 CITY COUNCIL MEMORANDUM City Council Meeting: January 5, 2010 Department: Finance Subject: Resolution No.10-R-01 - City Depository Contract BACKGROUND On October 27, 2009, the City Council determined to name Schertz Bank & Trust as the City?s depository bank. FISCAL IMPACT See Bank Depository Agreement, Section 6 and Exhibit B to the SB&T response to the City?s RFP. RECOMMENDATION Adoption of Resolution No. 10-R-01 ATTACHMENT Resolution No. 10-R-01, with Bank Depository Agreement attached CCM Resol 10-R-01.doc RESOLUTION NO. 10-R-01 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING A BANK DEPOSITORY AGREEMENT WITH SCHERTZ BANK & TRUST, AND OTHER MATTERS IN CONNECTION THEREWITH WHEREAS, the City Council has determined that it is in the best interest of the City to contract with Schertz Bank & Trust pursuant to the Bank Depository Agreement attached hereto asExhibit A (the ?Agreement?). BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS THAT: Section 1.The City Council hereby authorizes the City Manager to execute and deliver the Agreement with Schertz Bank & Trust in substantially the form set forth on Exhibit A. Section 2.The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Resolution for all purposes and are adopted as a part of the judgment and findings of the City Council. Section 3.All resolutions, or parts thereof, which are in conflict or inconsistent with any provision of this Resolution are hereby repealed to the extent of such conflict, and the provisions of this Resolution shall be and remain controlling as to the matters resolved herein. Section 4.This Resolution shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 5.If any provision of this Resolution or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Resolution and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City Council hereby declares that this Resolution would have been enacted without such invalid provision. Section 6.It is officially found, determined, and declared that the meeting at which this Resolution 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 Resolution, was given, all as required by Chapter 551, Texas Government Code, as amended. Section 7.This Resolution shall be in force and effect from and after its final passage, and it is so resolved. Resol 10-R-01.doc th day of January, 2010. PASSED AND ADOPTED, this 5 CITY OF SCHERTZ, TEXAS Mayor ATTEST: City Secretary (CITY SEAL) Resol 10-R-01.doc EXHIBIT A BANK DEPOSITORY AGREEMENT A-1 Resol 10-R-01.doc BANK DEPOSITORY AGREEMENT st This Bank Depository Agreement (this ?Agreement?) is dated and effective the 1 day of February, 2010 by and between the CITY OF SCHERTZ, TEXAS (the ?City?) and SCHERTZ BANK & TRUST (the ?Bank?), a bank chartered by the State of Texas. Witnesseth WHEREAS, the City desires to enter into a depository contract for the deposit of the City?s public funds; and WHEREAS, the Bank has submitted a current statement showing the financial condition of the Bank of even date with the Bank?s application to serve as depository; and WHEREAS, the City, after due consideration of all applications for City depository, has selected the Bank as the applicant offering the most favorable terms and conditions for the handling of the City?s funds. NOW, THEREFORE, the City and the Bank agree as follows: Section 1.Designation as Depository The City, through action of its City Council, hereby designates the Bank as its depository for banking services for a three (3) year period commencing February 1, 2010 and extending through January 31, 2013 with two options for one-year extensions, if approved by the City Council. Section 2.Designation of Custodian The City and Bank hereby designate The Frost National Bank (the ?Custodian?) to hold in trust, according to the terms and conditions of the City Request for Proposal, dated October 1, 2009 (the ?RFP?) and pursuant to a separate Safekeeping Agreement, attached as Exhibit A, all securities pledged as depository collateral in accordance with the City?s Investment Policy. Any and all fees from the Custodian associated with the safekeeping of securities pledged to the benefit of the City shall be borne by the Bank. Section 3.Collateral City time and demand deposits, inclusive of interest, in excess of the Federal Deposit Insurance Corporation insurance shall be secured at all times by collateral, acceptable to the City and in accordance with the Public Funds Collateral Act (Texas Government Code 2257, as amended), pledged by the Bank and held in trust by the Custodian named in Section 2 in an amount equal to at least 102% of the total of those funds. The Custodian will provide a monthly report of the collateral directly to the City. The selection of such pledged securities shall be subject only to the joint written instructions of both (a) authorized representatives of the City and (b) specifically authorized -1- Bank Depository Agreement.doc representatives of the Bank, as set forth on Exhibit B. The Bank shall have the right, with the prior written consent of the City, to substitute or replace any or all of the pledged securities with collateral acceptable to the City. Section 4.Financial Position The Bank will provide the City with a statement of its financial position on at least a quarterly basis. The Bank will provide an annual statement audited by its independent auditors including a letter as to its ?fair representation?. Section 5.Authorized City Representative For the term of this contract, the City and Bank designate the individuals as listed in Exhibit B as authorized to represent and act for the City and the Bank, respectively, in any and all matters including collateral assignment and substitution, and, upon further written authorization by the City with respect to the designated Bank officials, execution of agreements and transfers of funds. Any change in these representatives by either party will be made in writing to the other party. Section 6.Scope of Services The Bank?s response to the RFP (the ?Response?) is attached as Exhibit C, and is incorporated into this Agreement for all purposes. If any provisions of the Response and this Agreement are in conflict, this Agreement will control. The City hereby designates its choice of Option Two for Bank Deposit Services under Exhibit B to the Response. Subject to the service Option selected by the City above, the Bank shall provide or perform those banking services detailed in the Response (the ?Services?) at the rates stated. The Bank shall document the charges for the Services on a ;monthly account analysis submitted by the Bank to the City. The City shall, within ten (10) business days of receipt of a billing accompanied by documentation reasonably required by the City and subject to the review and approval of the Finance Director of the City make provision for payment to the Bank for Services performed in accordance with the fees stipulated in the Response. The Bank shall faithfully perform all of its duties and obligations required by the laws of the State of Texas for public funds depositories and shall upon presentation pay all checks drawn on it against collected funds on demand deposits, and shall, at the expiration of the Agreement, turn over to its successor all funds, City-owned securities, property, and things of value held as depository. The City shall have the power to determine and designate the character and amount of the funds to be deposited in the Bank. The City may arrange for time deposits, and Bank may accept such deposits subject to the terms of the Bank?s Response. This Agreement, along with all Exhibits and other incorporated documents shall constitute the entire Agreement between the parties. -2- Bank Depository Agreement.doc Section 7.Bank Compensation Subject to the service Option selected by the City in Section 6, the Bank will be compensated for any and all services rendered to City under this Agreement. The Bank agrees to offset monthly service fees against its customary earnings credit for balances in the City?s own- interest bearing accounts. Section 8.Default The Bank shall be in default if it fails to pay all or part of a demand deposit, a matured time deposit, or a matured certificate of deposit, including accrued but unpaid interest, at a specified maturity date. The Bank shall also be in default if ruled ?bankrupt?, ?insolvent?, or ?failed? by a federal or state banking regulator, or if a receiver is appointed for the Bank. In the event of a default, failure, or insolvency of the Bank, the City shall be deemed to have vested full title to all securities pledged under this Agreement. The City is empowered to take possession of and transfer and or sell any and all securities. If the security is liquidated, any proceeds in excess of the defaulted amount, plus expenses related to liquidation, shall be returned to the Bank. This power is in addition to other remedies which the City may have under this Agreement or otherwise under law and without prejudice to its rights to maintain any suit in any court for redress of injuries sustained by the City under this Agreement. Section 9.Non-Assignability This Agreement is not assignable in whole or in part but is binding on the parties, their successors and assigns. Section 10.Amendment This Agreement shall remain in full force and effect until the end of its term or until amended, cancelled, or superseded by a new bank depository contract. No provisions of this Agreement shall be deemed waived, amended, or modified by either party unless and until such waiver, amendment, or modification is in writing and signed by the parties to this Agreement. Section 11.Termination This Agreement may be terminated by the City at any time with or without cause by giving thirty (30) days prior written notice to the Bank. Section 12.Notices All notices and correspondence to the City by the Bank or to the Bank by the City shall be deemed given when either delivered in person or deposited in the U.S. Mail, Postage Prepaid, Certified Mail, Return Receipt Requested, addressed to the appropriate party at the following address: -3- Bank Depository Agreement.doc If to the City: City of Schertz 1400 Schertz Parkway Schertz, Texas 78154 Attention: City Manager If to the Bank Schertz Bank & Trust 519 Main Street Schertz, Texas 78154 Attention: Operations Officer Section 13.Governing Law All applicable provisions and requirements of the laws of the State of Texas and the FDIC governing depositories for the City shall be a part of this Agreement. Section 14.Precedence of Agreement This Agreement and attached Exhibit A, B, and C constitute the sole and only agreement between the parties hereto with respect to the subject matter hereof and supersede any prior understanding, written or oral, between the parties respecting the matters herein contained. Section 15.Legal Construction In case any one or more of the provisions contained in this Agreement shall for any reason be held invalid, illegal, or unenforceable in any respect, such invalid, illegal, or unenforceable provision shall not affect any other provisions thereof and this Agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. Section 16.Bank Authorization The Bank represents and warrants that this Agreement is made pursuant to and is duly authorized by the Board of Directors of the Bank and recorded in the official records of the Bank. [The remainder of this page intentionally left blank.] -4- Bank Depository Agreement.doc st EXECUTED IN DUPLICATE ORIGINALS effective this 1 day of February, 2010. CITY OF SCHERTZ, TEXAS SCHERTZ BANK & TRUST Don E. Taylor, City Manager Melvin F. Golla, President Schertz Bank & Trust ATTEST: Wendy Griffin, Cashier Schertz Bank & Trust S-1 Bank Depository Agreement.doc EXHIBIT A Safekeeping Agreement A-1 Bank Depository Agreement.doc A-2 Bank Depository Agreement.doc A-3A-3 Bank Depository Agreement.docBank Depository Agreement.doc A-4A-4 Bank Depository Agreement.docBank Depository Agreement.doc A-5A-5 Bank Depository Agreement.docBank Depository Agreement.doc A-6A-6 Bank Depository Agreement.docBank Depository Agreement.doc A-7A-7 Bank Depository Agreement.docBank Depository Agreement.doc A-8A-8 Bank Depository Agreement.docBank Depository Agreement.doc A-9 Bank Depository Agreement.doc EXHIBIT B Authorized Representatives For the term of this Agreement, the City and the Bank designate the individuals listed below as authorized to represent and act for the City and the Bank, respectively, in any and all matters including collateral assignment and substitution, and, upon further written authorization by the City with respect to Bank officials, execution of agreements and transfers of funds. Any changes in these representatives by either party will be made in writing to the other party. CITY OF SCHERTZ SCHERTZ BANK & TRUST Don E. Taylor, City Manager Melvin F. Golla, President John E. Bierschwale, Assistant City Manager Wendy Griffin, Cashier David Harris, Assistant City Manager Juan Santoya, Finance Director Robert Galindo, Financial Analyst B-1 Bank Depository Agreement.doc EXHIBIT C RFP Response See attached SB&T Response C-1 Bank Depository Agreement.doc Agenda No. 6 CITY COUNCIL MEMORANDUM City Council Meeting: January 5, 2010 Department: City Secretary Subject: Resolution No.10-R-02 - Official City Newspaper BACKGROUND City staff has solicited proposals from the San Antonio Express News, which publishes the Herald Newspaper and the Daily Commercial Recorder, and the Seguin Gazette Newspaper. The City?s newspaper of record has been the Daily Commercial Recorder. Staff recommends selection of the Herald Newspaper as the City?s newspaper of record. FISCAL IMPACT See attached letter from owner of the Herald Newspaper RECOMMENDATION Adoption of Resolution No. 10-R-02 ATTACHMENT Letter from owner of the Herald Newspaper Resolution No. 10-R-02 CCM Resol 10-R-02.doc CCM Resol 10-R-02.doc City Council Memorandum City Council Memorandum Page 3 Page 3 RESOLUTION NO. 10-R-02 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS DESIGNATING THE CITY?S OFFICIAL NEWSPAPER WHEREAS, Ordinance No. 78-M-22 requires the City Council, by Resolution, to designate a public newspaper of general circulation in the City of Schertz as the City?s official newspaper; and WHEREAS, the City Council desires to designate the Herald Newspaper for the publication of legal notices through September 30, 2010 and thereafter for the 2010-2011 fiscal year if the City Council takes no contrary action. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS THAT: Section 1.The City Council of the City of Schertz, Texas, hereby designates the Herald Newspaper as the City?s official newspaper for the publication of all official legal notices for the period ending September 30, 2010 and thereafter for the 2010-2011 fiscal year if the City Council takes no contrary action, pursuant to the terms set forth in the attached proposal on behalf of the Herald Newspaper. Section 2.The City Secretary is directed to provide a copy of this Resolution to the Herald Newspaper to evidence the City?s acceptance of the Herald Newspaper?s proposal. th PASSED, APPROVED, AND ADOPTED, this 5 day of January, 2010. CITY OF SCHERTZ, TEXAS Mayor ATTEST: City Secretary (CITY SEAL) Resol 10-R-02.doc EXHIBIT A A-1 Resol 10-R-02.doc Agenda No. 7 CITY COUNCIL MEMORANDUM City Council Meeting: January 5, 2010 Department: City Manager Subject:Resolution No. 10-R-03 - Hal Baldwin Scholarship BACKGROUND By Resolution No. 09-R-03, the City Council established the Hal Baldwin Scholarship to encourage graduating high school seniors who live in Schertz to pursue careers in public service. Staff recommends the same advisory committee as in 2009. FISCAL IMPACT $1,000 for 2010 scholarship RECOMMENDATION Adoption of Resolution No. 10-R-03 ATTACHMENT Resolution No. 10-R-03 CCM Resol 10-R-03.doc RESOLUTION NO. 10-R-03 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS CREATING AND PROVIDING 2010 FUNDING TO THE HAL BALDWIN SCHOLARSHIP, AND APPOINTING MEMBERS OF THE 2010 HAL BALDWIN SCHOLARSHIP COMMITTEE, AND RESOLVING OTHER MATTERS IN CONNECTION THEREWITH WHEREAS, the City Council of the City of Schertz, Texas has created the Hal Baldwin Scholarship to honor Mayor Hal Baldwin for his many years of public service to the City of Schertz by awarding deserving graduating high school seniors who live in the City of Schertz who desire to pursue a career in public service; and WHEREAS, the City Council desires to provide funding for 2010 for such Scholarship; and WHEREAS, the City Council desires to name a 2010 advisory committee to recommend potential scholarship winners to the City Council. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS: Section 1. The City hereby designates the amount of $1,000 of unencumbered funds in the General Fund of the City to support the Hal Baldwin Scholarship program for 2010, and the City further encourages all those who support such Scholarship program to make contributions to the City designated for such purpose. Section 2. The City hereby designates the following five persons as members of the 2010 Hal Baldwin Scholarship Committee (the ?Committee?) to (i) receive applications for the Hal Baldwin Scholarship, and (ii) recommend potential Hal Baldwin Scholarship award winners to the City Council: John Trayhan, Michael Carpenter, Steve White, Gina Agee, and Michael Spain. Members of the Committee shall serve at the pleasure of the City Council and may be removed at any time, with or without cause, by the City Council. The Committee?s and Council?s proposed schedule with respect to the 2010 Hal Baldwin Scholarship is attached as Exhibit A. Section 3. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Resolution for all purposes and are adopted as a part of the judgment and findings of the City Council. Section 4. All resolutions, or parts thereof, which are in conflict or inconsistent with any provision of this Resolution are hereby repealed to the extent of such conflict, and the provisions of this Resolution shall be and remain controlling as to the matters ordained herein. Section 5. This Resolution shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. 1 Resol 10-R-03.doc Section 6. If any provision of this Resolution or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Resolution and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City Council hereby declares that this Resolution would have been enacted without such invalid provision. Section 7. It is officially found, determined, and declared that the meeting at which this Resolution 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 Resolution, was given, all as required by Chapter 551, as amended, Texas Government Code. Section 8. This Resolution shall be in force and effect from and after its final passage. th PASSED AND APPROVED on the 5 day of January, 2010. Mayor ATTEST: City Secretary (City Seal) 2 Resol 10-R-03.doc EXHIBIT A TIMELINE FOR 2010 HAL BALDWIN SCHOLARSHIP January 2010 Scholarship Advisory Committee to meet to: - Decide essay topic - Review timeline (recommend any additional changes needed) - Review scholarship application (recommend any changes needed) Once approved, Media Relations to advertise: -Schertz Tales -Website -Herald Send letters out to area high schools March 31, 2010 Cut-off date for scholarship application April 2010 st 1 Week: Distribute binder with full set of applications/judging sheets to Committee o members rd 3 Week: Scholarship Advisory Committee to meet before Council Meeting: o - Select winner to be recommended to City Council May 2010 Present award to winning student: -At a Council Meeting (get plaque engraved with his/her name) -At his/her graduation ceremonies (if possible) August/September 2010 Student will need to present scholarship donor sheet to City from his/her College/ University prior to receiving scholarship money A-1 Resol 10-R-03.doc