07-23-2013 Agenda with backup
MEETING AGENDA
City Council
REGULAR SESSION CITY COUNCIL
July 23, 2013, 6:00 P.M.
HAL BALDWIN MUNICIPAL COMPLEX COUNCIL CHAMBERS
1400 SCHERTZ PARKWAY BUILDING #4
SCHERTZ, TEXAS 78154
AGENDA
TUESDAY, JULY 23, 2013 AT 6:00 P.M.
Call to Order ? Regular Session
Invocation and Pledges of Allegiance to the Flags of the United States and State of
Texas. (Pastor Gerald ?Jerry? Goodridge ? Bracken United Methodist Church)
Presentations
Wilenchik Walk for Life Award Presentations (J. Bierschwale/M. Spence)
City Events and Announcements
Announcements of upcoming City Events (D. Harris/J. Bierschwale/B. James/B.
Dennis)
Announcements and recognitions by City Manager (J. Kessel)
Workshop
Discussionand/or action regarding the City Council Rules of Procedure, Code of
Conduct and City Charter (Mayor and Council)
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
3
no more than minutes.
All remarks shall be addressed to the Council as a body, and not to any individual member
thereof. Any person making personal, impertinent, or slanderous remarks while
addressing the Council may be requested to leave the meeting.
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.
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Consent Agenda Items
The Consent Agenda is considered to be self-explanatory and will be enacted by the Council
with one motion. There will be no separate discussion of these items unless they are
removed from the Consent Agenda upon the request by the Mayor or a Councilmember.
Minutes
1.- Consideration and/or action regarding the approval of the minutes of the
Regular Meeting of July16, 2013. (J. Kessel/B. Dennis)
Ordinance 13-S-24 ? ZC2013-008
2. - Consideration and/or action approving an
Ordinancefor the proposed street name change of Enterprise Avenue to Schertz
Parkway from the intersection of IH 35 frontage road extending north to the
Final Reading
intersection of Lookout Road. (B. James/M. Sanchez)
Resolution No. 13-R-56
3.? Consideration and/or action approving a Resolution
approving the Bexar Metro 911 FY 2013-14 Budget.(J. Bierschwale/D. Wait)
Resolution No. 13-R-59
4.? Consideration and/or action approving a Resolution
authorizing a Permanent Easement for constructing, operating, maintaining, and
repairing a detention/treated effluent holding pond and a Temporary Construction
Easement for the purposes of facilitating the construction of a storm drainage line with
Schertz 1518, LTD, A Texas Limited Partnership, and other matters in connection
therewith. (B. James/L. Busch)
Discussion and Action Items
Appointment of the Mayor Pro-Tem
5.? Consideration and/or action appointing the
Mayor Pro-Tem for the term of August 1, 2013 through February 1, 2014. (B.
Dennis/Council)
Ordinance No. 13-F-26
6.? Consideration and/or action approving an Ordinance
amending the City?s Drought Contingency Ordinance by amending section VII
definitions under commercial and industrial use to include commercial car wash and
laundry facilities and other business activities and adding subsection J under non-
essential water use to include the use of water in single-pass cooling system
connections and non-recirculation systems for new commercial and industrial uses
establishing penalties for the violation of and provisions for enforcement of these
restrictions; establishing procedures for granting variances; and providing a severability
First Reading
and an effective date. (J. Bierschwale/J. Hooks)
Roll Call Vote Confirmation
Requests and Announcements
7. Announcements by City Manager
Citizen Kudos
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Recognition of City employee actions
New Departmental initiatives
8. Requests by Mayor and Councilmembers that items be placed on a future City
Council agenda.
9. Requests by Mayor and Councilmembers to City Manager and Staff for information.
10. 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
Executive Session
Called under:
Section 551.071 Texas Government Code Deliberation regarding litigation, pending or
contemplated litigation; and Consultations with the City Attorney regarding advice on
legal matters;
Section 551.072 Texas Government Code - Deliberation regarding the purchase,
exchange, sale, lease, or value of real property, or real estate;
Section 551.074 Texas Government Code - Deliberation regarding personnel matters,
policies, duties, employment, and evaluation of certain public officials and employees;
Section 551.087 Texas Government Code ? Deliberation regarding Economic
Development Negotiations.
Section 551.074 Texas Government Code ? Deliberation regarding personnel matters
ÜÏÙ the appointment, employment, evaluation, reassignment, duties, discipline, or
dismissal of the City Manager.
Section 551.074 Texas Government Code ? Deliberation regarding personnel matters
ÜÏÙ the appointment, employment, evaluation, reassignment, duties, discipline, or
dismissal of the City Attorney.
Reconvene into Regular Session
11. Take any actiondeemed necessary as a result of the Executive Session.
Adjournment
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CERTIFICATION
I, BRENDA DENNIS, CITY SECRETARY OF THE CITY OF SCHERTZ, TEXAS, DO
HEREBY CERTIFY THAT THE ABOVE AGENDA WAS PREPARED AND POSTED ON
THE OFFICIAL BULLETIN BOARDS ON THIS THE 19th DAY OF JULY 2013 AT 2:40
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.
ûËØÏÙÜ ùØÏÏÔÊ
Brenda Dennis CPM, TRMC, MMC, 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 _______________, 2013.
____________________________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 210
619-1030 at least 24 hours in advance of meeting.
COUNCIL COMMITTEE AND LIAISON ASSIGNMENTS
Mayor CarpenterMayor Pro-Tem Edwards ? Place 4
Audit Committee Audit Committee
Hal Baldwin Scholarship Committee Hal Baldwin Scholarship Committee
Interview Committee for Boards and Commissions
Investment Advisory Committee
TIRZ II Board
Councilmember Fowler ? Place 1Councilmember Scagliola ? Place 2
Interview Committee for Boards and Commissions Animal Control Advisory Committee
Schertz Housing Board Liaison Cibolo Valley Local Government Corporation
Interview Committee for Boards and Commissions
Sweetheart Advisory Committee
Councilmember Antuna - Place 3 Councilmember ? Verinder ? Place 5
ASA Commuter Rail District Board ? Lone Star Audit Committee
Randolph Joint Land Use Study (JLUS) Executive Investment Advisory Committee
Committee
Schertz Seguin Local Government Corporation
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WORKSHOP A
CITY COUNCIL MEMORANDUM
City Council Meeting: July 23, 2013
Department: Mayor and Council
Subject:
Discussion and/or action regarding the City
Council Rules of Procedure, Code of
Conduct and City Charter
BACKGROUND
Council requested a workshop discussion and action item regarding the City Council Rules of
Procedure, Code of Conduct, and the City Charter.
FISCAL IMPACT
None at this time
RECOMMENDATION
This item is for discussion and direction only.
ATTACHMENT
City Charter
Council Rules of Procedure
Agenda No. 1
CITY COUNCIL MEMORANDUM
City Council Meeting: July 23, 2013
Department: City Secretary
Subject: Minutes
BACKGROUND
The City Council held a regular meeting on July 16, 2013.
FISCAL IMPACT
None
RECOMMENDATION
Staff recommends Council approve the minutes ofthe regular meeting of July 16, 2013.
ATTACHMENT
Minutes ?regular meeting July 16, 2013
MINUTES
REGULAR MEETING
July 16, 2013
A Regular Meeting was held by the Schertz City Council of the City of Schertz, Texas, on July 16,
2013, at 6:00 p.m., in the Hal Baldwin Municipal Complex Council Chambers, 1400 Schertz
Parkway, Building #4, Schertz, Texas.The following members present to-wit:
Mayor Michael R. Carpenter Mayor Pro-Tem Cedric Edwards
Councilmember Jim Fowler Councilmember David Scagliola
Councilmember Sydney Verinder
Staff Present: Executive Director David Harris
Executive Director Brian James Chief of Staff Bob Cantu
City Attorney Katherine Tapley City Secretary Brenda Dennis
Councilmember George Antuna was absent.
CALL TO ORDER:
Mayor Carpenter called the Regular Meeting to order at 6:00 p.m.
INVOCATION AND PLEDGES OF ALLEGIANCE TO THE FLAGS OF THE UNITED
STATES AND THE STATE OF TEXAS.
Pastor Cory Webb with Everyday Christian Fellowship Church gave the invocation followed by the
Pledges of Allegiance to the Flags of the United States and the State of Texas.
City Events and Announcements
Announcements of upcoming City Events (D. Harris/J. Bierschwale/B. James)
Mayor Carpenter recognized Executive Director of Support David Harris who announced the
following upcoming events:
Thursday, July 18, 2013
(Cibolo) Wal-Mart Open House
from 7:00 PM to 8:30 PM at the Schertz Civic Center.
Contact Cibolo City Secretary for more information. 566-6111.
Guadalupe County Mayors? Association
-6:30 PM (includes Mayors of Schertz, Cibolo,
Seguin, New Berlin, Santa Clara, Selma, Marion and Staples to be held in the Schertz
Council Chambers.
Friday, July 19, 2013
TCMA Region 8 Monthly Luncheon-
10:00 AM to 2:00 PM
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Page- 1 -
Groundbreaking for the Crossvine-
Schertz first mixed-use master-planned community
located on Schneby Drive from 10:00 AM to 11:00 AM. Breakfast provided, Mr. Kessel and
Mayor Carpenter speaking.
The Ethics-Based Leadership and Achieving Success without Stress Seminar
(which was
previously scheduled for Monday, July 15, 2013) with James Reese had been postponed until
further notice.
Announcements and recognitions by City Manager (J. Kessel)
Mayor Carpenter recognized City Manager John Kessel who gave kudos to the Finance
Department as they have been working on the upcoming budget.
Mayor Carpenter recognized Guadalupe Commissioner Jim Wolverton who was in the audience this
evening.
Mayor Carpenter also recognized City Secretary Brenda Dennis who introduced the new Deputy
City Secretary Donna Schmoekel.
Mayor Carpenter moved to the Aquatic Center workshop item.
Workshop
Discussion and update regarding the Aquatic Center (J. Kessel/B. James)
Mayor Carpenter recognized Executive Director of Development Brian James who provided
information on the status of the Aquatic Center. Some of the highlighted points were:
Design
Equipment
Parking
Conflict waiver Agreement
YMCA and Schertz Cibolo Universal City Independent School District discussions
Mayor moved to the hearing of residents? portion of the agenda as many who signed up this
evening wanted to speak regarding the Aquatic center.
Hearing of Residents:
This time is set aside for any person who wishes to address the City Council. Each person should fill
3
out the speaker?s register prior to the meeting. Presentations should be limited to no more than
minutes.
All remarks shall be addressed to the Council as a body, and not to any individual member thereof.
Any person making personal, impertinent, or slanderous remarks while addressing the Council may
be requested to leave the meeting.
07-16-2013 Minutes
Page- 2 -
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.
Mayor Carpenter recognized the following who spoke:
Mr. Will Wright, 17200 IH 35 North, Schertz, who introduced himself and introduced the
new Local Community Newspaper.
Ms. Lisa Connolly and Ms. Val Wilenchik, Schertz Humane Society, came forward and
presented the City with certificates and t-shirts in appreciation for hosting the recent Doggie
Dash event.
Mr. Johnie McDow, with the Buffalo Valley Youth Association (BVYA) who provided an
update on the BVYA upcoming events. He also spoke on support of the Sting Ray Swim
Team and their events. He spoke on the importance of keeping the pool at Pickrell Park open
Mr. McDow addressed concerns with the parking at the proposed Aquatic Center. He
addressed concerns with having to be a member of the YMCA to swim in the new pool.
Mr. Grumpy Azzoz, 528 Wayward Pass, Schertz, who applauded Mr. James for the
transparency on the status of the Aquatic Center. He also spoke on the need to revisit the
current cost as well as revisit operating costs. He stated he would like Schertz to be a magnet
and build the best pool. He also addressed concerns of having to be a member of the YMCA
should the YMCA run the pool facility.
Mayor Carpenter recognized the following who spoke regarding the Aquatic Center, the need for
a competition swimming pool with the appropriate equipment and seating requirements, and
concerns regarding YMCA running the Aquatic Center and possibly having to be a member of
the YMCA to swim in the pool.
Ms. Kathryn Hubbard, 205 Scott, Universal City.
Mr. Kerry Eberhard, 3560 Piedmont, Schertz.
Ms. Meredith Hernandez, 116 Saddle Trail, Cibolo.
Mr. Troy Erwin, 995 Oak Ridge, Schertz.
Mr. Mark Lambert, Converse.
Mr. Rip Woodard, 218 Daly Cove, Cibolo.
Ms. Yolanda Suarez, 3808 Broughton, Schertz.
Ms. Noel Hilliard, 13932 IH 10 E, Converse.
Ms. Jasmine Brown, 405 Brown Creek, Schertz
Ms. Karen Deethman, 913 Beck Street, Schertz
Ms. Sophie Borrero, 409 Circle Star, Schertz
Mayor Carpenter moved back to the Workshop discussion item on the Aquatic Center
Workshop
Discussion and update regarding the Aquatic Center (J. Kessel/B. James)
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Mayor Carpenter recognized Executive Director of Planning Brian James, who addressed
citizen and council questions. Mayor Carpenter suggested that those in attendance go back
into the Council conference room and allow Mr. James to further address citizen concerns.
Mayor Carpenter also proposed that a special session outside this meeting to be held with
staff and all stakeholders be set up in the future.
Mayor Carpenter moved to the Consent Agenda Items.
Consent Agenda Items
The Consent Agenda is considered to be self-explanatory and will be enacted by the Council with
one motion. There will be no separate discussion of these items unless they are removed from the
Consent Agenda upon the request by the Mayor or a Councilmember.
Minutes
1. - Consideration and/or action regarding the approval of the minutes of the Regular
Meeting of July 9, 2013. (J. Kessel/B. Dennis)
Resolution No. 13-R-52
2. ? Consideration and/or action approving a Resolution authorizing
EMS Debt Revenue Adjustments for inactive outstanding accounts receivables after 180 days
of non payment and other matters in connection therewith. (J. Bierschwale/D. Wait)
The following was read into record:
RESOLUTION NO. 13-R-52
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
AUTHORIZING EMS DEBT REVENUE ADJUSTMENTS FOR INACTIVE
OUTSTANDING ACCOUNTS RECEIVABLES AFTER 180 DAYS OF NON
PAYMENT AND OTHER MATTERS IN CONNECTION THEREWITH
Resolution No. 13-R-54
3. ? Consideration and/or action approving a Resolution authorizing
Utility Billing Debt Revenue Adjustments for inactive outstanding accounts receivables after
180 days of non payment and other matters in connection therewith. (J. Bierschwale/C.
Spence)
The following was read into record:
RESOLUTION NO. 13-R-54
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
AUTHORIZING UTILITY BILLING DEBT REVENUE ADJUSTMENTS FOR
INACTIVE OUTSTANDING ACCOUNTS RECEIVABLES AFTER 180 DAYS OF
NON PAYMENT AND OTHER MATTERS IN CONNECTION THEREWITH
Ordinance No. 13-S-20 ? ZC2013-006
4. - Consideration and/or action upon a request to
rezone approximately 2.668+/- acres of land from General Business District (GB) to
Planned Development District (PDD). The property is more specifically described as Lot 6,
Block 1, of the Hubertus Retail Subdivision as recorded in Document #200806006465, plat
07-16-2013 Minutes
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records, Comal County, Schertz, Texas generally located at the southwest corner of FM
Final Reading
1103 and IH 35. (B. James/M. Sanchez)
The following was read into record:
ORDINANCE NO. 13-S-20
AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
AMENDING THE OFFICIAL ZONING MAP ORDINANCE NO. 11-S-15 BY
REZONING APPROXIMATELY 2.668± ACRES OF LAND FROM GENERAL
BUSINESS DISTRICT (GB) TO PLANNED DEVELOPMENT DISTRICT (PDD),
LOT 6, BLOCK 1, HUBERTUS RETAIL SUBDIVISION, CITY OF SCHERTZ,
COMAL COUNTY, TEXAS, GENERALLY LOCATED ON THE SOUTHWEST
CORNER OF FM 1103 AND IH 35; AND OTHER MATTERS IN CONNECTION
THEREWITH AND PROVIDING AN EFFECTIVE DATE.
Ordinance No. 13-S-21
5. ? Consideration and/or action approving an Ordinance amending the
Comprehensive Land Plan associated with the North and South Schertz Sector Plan; and the
Historic Downtown Schertz Plan (Gateway Plan), and other matters in connection therewith.
Final reading
(B. James/M. Sanchez)
The following was read into record:
ORDINANCE NO. 13-S-21
AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
AMENDING THE COMPREHENSIVE LAND USE PLAN AND OTHER MATTERS
IN CONNECTION THEREWITH
Ordinance No. 13-S-22
6. ? Consideration and/or action approving an Ordinance amending
the Unified Development Code (UDC) associated with the North and South Schertz Sector
Plan; and the Historic Downtown Schertz Plan (Gateway Plan), and other matters in
Final reading
connection therewith. (B. James/M. Sanchez)
The following was read into record:
ORDINANCE NO. 13-S-22
AMENDING THE UNIFIED DEVELOPMENT CODE OF THE CITY OF
SCHERTZ, TEXAS; REPEALING ALL ORDINANCES OR PARTS OF
ORDINANCES IN CONFLICT WITH THIS ORDINANCE; AND PROVIDING AN
EFFECTIVE DATE
Ordinance No. 13-T-23
7. ? Consideration and/or action approving an Ordinance authorizing
a budget adjustment from the Aviation Heights Phase 5 Waterline Project to the Maske
Road Waterline Project, repealing all Ordinances or parts of Ordinances in conflict with this
Final Reading
ordinance; and providing an effective date. (J. Bierschwale/J. Hooks)
The following was read into record:
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ORDINANCE NO. 13-T-23
AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
AUTHORIZING A BUDGET ADJUSTMENT FROM THE AVIATION HEIGHTS
PHASE 5 WATERLINE PROJECT TO THE MASKE ROAD WATERLINE
PROJECT; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN
CONFLICT WITH THIS ORDINANCE; AND PROVIDING AN EFFECTIVE DATE
Mayor Carpenter recognized Mayor Pro-Tem Edwards, who moved, seconded by
The vote was unanimous
Councilmember Verinder, to consent agenda items 1 through 7.
with Mayor Pro-Tem Edwards, Councilmembers Fowler, Scagliola, and Verinder voting
yes and no one voting no. Councilmember Antuna was absent. Motion Carried.
Mayor Carpenter moved back to the workshop items.
Workshop
Discussion and possible action regarding Steel Utility Poles and consideration of an Electric
Utility Franchise Fee to fund Electric System Upgrades for Development and Economic
Development Projects (D. Harris/D. Harris)
Mayor Carpenter recognized Executive Director of Support David Harris who introduced this
item stating that until last fall, CPS Energy provided cities within its territory with CEID
funds (Community infrastructure and Economic Development) set aside in their budget for
City-desired work related to electric system upgrades to benefit economic development or
beautification. Through the years, Schertz utilized these funds to change over wood poles to
steel poles as well as provide electric system upgrades for new development. Recent projects
that have received funding from CEID include projects in Crescent Bend Nature Park,
Caterpillar, Capital Group Data Center, Tesoro Data Center, and Pfeil Road utility pole
upgrades. Funding for the program was 1% of the gross receipts received within the City.
Since the program ended a year ago at the request of the Greater Bexar County Council of
Cities and several suburban cities (and not Schertz), CPS has paid out the account balances to
the respective cities. Schertz has received a payout of $264,330 and now has an estimated
balance of $92,427 following a payment to Capital Group for a rebate of property taxes in
FY 2012-13 of $158,603 and $13,300 for Pfeil Road utility pole upgrades.
A few years back, Schertz amended the UDC to require electric providers to install steel poles
instead of wooden poles in any new extension or replacement of poles; the code also allows the
utility to request a waiver to a project from the City Manager. At that time, cost for steel and
wood poles was about the same. Since then, CPS Energy says the cost of steel poles has risen
to twice the cost of wood poles. CPS Energy says their cost for self-funded projects such as
line extensions and pole replacement has been based on the wood pole cost. They do not have
the funds allocated for the cost difference between steel and wood.
Recently, a request was made by CPS to fund the cost to replace a section of old wood poles
to steel poles on a project off of Pfeil Road costing $13,232.65. In the past, this cost would
have been covered by the former CPS CEID Fund. But now that this fund has gone away,
CPS is requesting the City come up with these funds to pay for the cost difference. To this
07-16-2013 Minutes
Page- 6 -
writer?s knowledge, NBU and GVEC have not expressed concern about the cost increase and
have not sought additional funding from Schertz.
As more development occurs in the CPS system in Schertz, we will be confronted with this
dilemma again. Does the City wish to continue with steel poles? If so, a funding source will
need to be identified. The cost for this will be significant.
Other suburban cities have expressed interest in re-creating something akin to the CEID Fund
by charging an additional 1% fee on top of the existing franchise fee of 3% to fund CEID
type projects. Schertz has three electric utility providers, CPS Energy, NBU, and GVEC.
Does the City want to pursue this option and amend just one or all three agreements for
CEID type programs?
Mr. Harris went over the proposed options:
A. The City can continue the same policy requiring steel poles. In the future, CPS Energy
will request the City or the developer make up the cost difference between steel and wood
poles. The City will need to identify a fund to fulfill this request.
B. The City can discontinue the steel pole policy, allowing utility companies to install
which ever pole they can fund.
C. The City can renegotiate franchise agreements with CPS, GVEC, and/or NBU to charge
rate payers an additional 1% to fund electric system upgrades related to development or
economic development, the funding which would be returned to the City in a specially-
designated fund for these projects.
Mayor and Council discussed this item in length providing their comments. It was the
consensus of Council to bring this item back in a month to allow staff the opportunity to come
up with creative ways to come up with the funding. Council concurred.
Discussion regarding the City Council Rules of Procedure and the City Charter (Mayor and
Council)
Mayor Carpenter recognized Councilmember Fowler who stated he asked this item be placed
on the agenda to have an understanding of what Council can do as far as being able to go to
Department heads and asking for information. He wanted clarification on the limitations of
Council?s ability to ask for information. He sees their might be a conflict with what the City
Charter states in Section 4.10 Inquiry Powers - ?The City Council shall have the authority to
inquire into the affairs of the City and the conduct of any City department, office or agency?.
Mayor and Council discussed the reference in the charter but also referenced Article 13 -
Council and Staff Relations section of the Council Rules of Procedure. Mayor Pro-Tem
Edwards and Councilmember Verinder stated that in the Rules of Procedure they do not see an
issue.
Mayor Carpenter recognized City Manager John Kessel who stated that since he has been City
Manager he has encouraged the Council to visit with the Department Heads. He stated it is a
real value for the Council to see their operations on a day to day basis. Mr. Kessel stated that if
a Councilmember requested information he would share it with the entire Council. Mayor and
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Council further discussed this issue and asked that this item be brought back in two weeks for
further discussion and action, and as requested further define ?inquiry.? Council concurred.
Discussion and Action Items
Resolution No. 13-R-55
8. ? Consideration and/or action approving a Resolution authorizing a
contract with D&D Construction relating to the reconstruction of Ware Seguin Road and
Lower Seguin Road and authorizing the budget estimates for both projects and other matters
in connection therewith. (J. Bierschwale/L. Busch)
Mayor Carpenter stated that this item had been pulled at the request of staff. No action
taken.
Ordinance 13-S-24 ? ZC2013-008
9. - Continue the public hearing and consideration and/or
action approving an Ordinance for the proposed street name change of Enterprise Avenue to
Schertz Parkway from the intersection of IH 35 frontage road extending north to the
First Reading
intersection of Lookout Road. (B. James/M. Sanchez)
The following was read into record:
ORDINANCE NO. 13-S-24
AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
TO CHANGE THE STREET NAME OF ENTERPRISE AVENUE TO SCHERTZ
PARKWAY AND OTHER MATTERS IN CONNECTION THEREWITH
Mayor Carpenter Development Services Director Michelle Sanchez who introduced this item
stating that the City of Schertz has requested that the street name of Enterprise Avenue be
changed to Schertz Parkway beginning at the intersection of IH 35 frontage road and extending
north 3,600+ feet to the intersection of Lookout Road. She stated the goal is to change the
street name of Enterprise Avenue to Schertz Parkway from the north side of IH 35 beginning at
the intersection of the IH 35 frontage road and extending north to the intersection of Lookout
Road. Staff recommends approval of first reading of Ordinance 13-S-24.
The Planning and Zoning Commission considered the request and made a recommendation
of approval to change Enterprise Avenue to Schertz Parkway. Because Enterprise Avenue is
entirely located within the Schertz City Limits, there is no need for an Interlocal Agreement
with the City of Selma and are not going to consider the proposal to change Enterprise
Avenue, as per the Selma City Attorney. Staff recommends approval.
Mayor Carpenter opened the public hearing and recognized Ms. Michele Haussmann, 10003
N. W. Military, San Antonio who spoke in favor of this item. As no one else spoke, Mayor
Carpenter closed the public hearing.
Mayor Carpenter recognized Councilmember Verinder, who moved, seconded by
The vote was
Councilmember Scagliola, to approve Ordinance No. 13-S-24 first reading.
unanimous with Mayor Pro-Tem Edwards, Councilmembers Fowler, Scagliola, and
Verinder voting yes and no one voting no. Councilmember Antuna was absent. Motion
Carried.
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Roll Call Vote Confirmation
Mayor Carpenter recognized City Secretary Brenda Dennis who recapped the votes for the agenda
items 1 through 7 and item 9.
Mayor Carpenter recessed the regular meeting into executive session at 9:00 p.m.
Executive Session
Called under:
Section 551.071 Texas Government Code Deliberation regarding litigation, pending or
contemplated litigation; and Consultations with the City Attorney regarding advice on legal
matters;
Section 551.072 Texas Government Code - Deliberation regarding the purchase, exchange,
sale, lease, or value of real property, or real estate;
Section 551.074 Texas Government Code - Deliberation regarding personnel matters, policies,
duties, employment, and evaluation of certain public officials and employees;
Section 551.074 Texas Government Code ? Deliberation regarding personnel matters and the
appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of the City
Manager.
Section 551.074 Texas Government Code ? Deliberation regarding personnel matters and the
appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of the City
Attorney.
Section 551.087 Texas Government Code ? Deliberation regarding Economic Development
Negotiations.
Reconvene into Regular Session
Mayor Carpenter reconvened into regular session at 10:25 p.m.
14. Take any actiondeemed necessary as a result of the Executive Session.
Council took no action.
Mayor moved to the requests and announcements section of the agenda.
Requests and Announcements
10. Announcements by City Manager
Citizen Kudos
Recognition of City employee actions
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Page- 9 -
New Departmental initiatives
No further announcement were given.
11. Requests by Mayor and Councilmembers that items be placed on a future City Council
agenda.
Mayor and Council requested that the Rules of Procedures be brought back in two weeks to
look at Article 13 of the Council Rules of Procedure.
13. Requests by Mayor and Councilmembers to City Manager and Staff for information.
No information requested.
14. 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 Carpenter recognized Councilmember Scagliola who stated he attended the following
events:
Friday, July 12, 2013 ? Texas Municipal League Region 7 Dinner
Tuesday, July 116, 2013 ? Schertz Chamber of Commerce Luncheon
Mayor Carpenter recognized Councilmember Verinder who stated he attended the following
events:
Friday, July 12, 2013 ? Texas Municipal League Region 7 Dinner
Monday, July 15, 2013 ? YMCA Community First event
Tuesday, July 16, 2013 ? Schertz Chamber of Commerce Luncheon
Adjournment
As there was no further business, the meeting was adjourned at 10:28 p.m.
__________________________________
Mayor, Michael R. Carpenter
ATTEST:
_________________________
City Secretary, Brenda Dennis
07-16-2013 Minutes
Page- 10 -
Agenda No. 2
CITY COUNCIL MEMORANDUM
City Council Meeting: July 23, 2013
Department: Development Services
Subject Ordinance No. 13-S-24 - ZC2013-008 ?
Continue the public hearing, and
consideration and/or action approving an
Ordinance for a proposed street name
change of Enterprise Avenue to Schertz
Parkway from the intersection of IH 35
frontage road extending north to the
Final
intersection of Lookout Road.
Reading
? B. James/M. Sanchez
BACKGROUND
The City of Schertz has requested that the street name of Enterprise Avenue be changed to
Schertz Parkway beginning at the intersection of IH 35 frontage road and extending north 3,600+
feet to the intersection of Lookout Road.
Guidelines for street name changes adopted in May 1989 include:
Public hearing and consideration of the proposed name change by the Planning and
Zoning Commission and City Council.
Notice to property owners located adjacent to the street or road in question advising them
of the proposed name change and the scheduled public hearing dates.
Review by staff to include Police, Fire, EMS and Bexar Metro 911 District.
The Planning Commission is required to forward a recommendation to City Council
within ten (10) days of their public hearing and City Council is required to hold a public
hearing and consider the request.
Upon adoption of a street name change, notification of such change will follow
procedures similar to those used for notification of an annexation to include notification
to Bexar Metro E-911, the appropriate County and school district and the post office.
With regard to the proposed change of Enterprise Avenue to Schertz Parkway, twelve (12)
notices were sent to affected property owners on May 31, 2013 of the Planning and Zoning
Commission public hearing which was held on June 12, 2013. Three (3) responses were
received in favor of the request and no objections or neutral responses were received. The
Commission conducted the public hearing and considered the street name change offering a
recommendation for approval.
City Council Memorandum
Page 2
This request was originally scheduled to be presented to the City Council for public hearing and
consideration on June 25, 2013. The public hearing was held and the City Council tabled action
of the item until the regular meeting of July 16, 2013.
Property owners were re-noticed on June 19, 2013 of the City Council meeting scheduled for
July 16, 2013. Council will continue the public hearing to allow for any additional public
comment on this item.
City Council approved this on first reading at their meeting of July 16, 2013.
Goal
To change the street name of Enterprise Avenue to Schertz Parkway from the north side of IH 35
beginning at the intersection of the IH 35 frontage road and extending north to the intersection of
Lookout Road.
Community Benefit
The function of Municipal Street naming and addressing is to enable people to locate properties
readily, ensure delivery of goods and services and importantly aid in public safety issues.
Changing the name of Enterprise Avenue to Schertz Parkway will provide for consistent
identification of Schertz Parkway from FM 78 north beyond IH 35 to Lookout Road; and it will
provide for an improved means of locating new business growth on Schertz Parkway north off
IH 35.
Summary of Recommended Action
The Planning and Zoning Commission considered the request and made a recommendation of
approval to change Enterprise Avenue to Schertz Parkway. Because Enterprise Avenue is
entirely located within the Schertz City Limits, there is no need for an Interlocal Agreement with
the City of Selma and are not going to consider the proposal to change Enterprise Avenue.
FISCAL IMPACT
Public Works will replace three (3) street signs at a cost of $135.00 ($45.00 per sign).
RECOMMENDATION
Staff recommends approval of the final reading of Ordinance 13-S-24 to change the street name
of Enterprise Avenue to Schertz Parkway.
ATTACHMENT
Ordinance No. 13-S-24
Map Exhibit
Street Name Approval (Post Office)
City Council Memorandum
Page 3
ORDINANCE NO. 13-S-24
AN ORDINANCE BY THE CITY COUNCIL OF THE CITY
OF SCHERTZ, TEXAS TO CHANGE THE STREET NAME
OF ENTERPRISE AVENUE TO SCHERTZ PARKWAY
AND OTHER MATTERS IN CONNECTION THEREWITH
WHEREAS, the City Council of the City of Schertz, Texas (the ?City?) desires to change
the street name of Enterprise Avenue to Schertz Parkway beginning at the intersection of IH 35
frontage road and extending north 3,600+ feet to the intersection of Lookout Road as shown in
Exhibit A, attached hereto.
WHEREAS, the Planning and Zoning Commission (?P&Z?) of the City voted to
recommend approval of the street name change on June 12, 2013.
WHEREAS, the City Staff of the City has recommended that the City Council approve
the proposed street name change; and
WHEREAS, the function of municipal street naming and addressing is to enable people
to locate properties readily, ensure delivery of goods and services and importantly aid in public
safety issues.
WHEREAS, the City Council has determined that thestreet name change of Enterprise
Avenue to Schertz Parkway creates a vision and identity for the continuing growth and future of
Schertz, as set forth herein, and is in the best interest of the City.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF SCHERTZ, TEXAS:
SECTION I
Section 1. The recitals contained in the preamble hereof are hereby found to be true, and
such recitals are hereby made a part of this Ordinance for all purposes and are adopted as a part
of the judgment and findings of the Council.
Section 2. All ordinances and codes, 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 resolved herein.
Section 3. This Ordinance shall be construed and enforced in accordance with the laws of
the State of Texas and the United States of America.
Section 4. If any provision of this Ordinance or the application thereof to any person or
circumstance shall be held to be invalid, the remainder of this Ordinance and the application of
such provision to other persons and circumstances shall nevertheless be valid, and the City
hereby declares that this Ordinance would have been enacted without such invalid provision.
Ordinance 13-S-24- Street Name Change Enterprise Avenue
Section 5. 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 Chapter 551, as amended, Texas Government Code.
Section 6. This Ordinance shall be effective upon the date of final adoption hereof and
any publication required by law.
PASSED AND APPROVED on first reading this the 16th day of July, 2013.
PASSED, APPROVED, AND ADOPTED on second reading this the 23rd day of July, 2013.
Mayor, Michael R. Carpenter,
ATTEST:
City Secretary, City of Schertz, Texas
(SEAL OF CITY)
Ordinance 13-S-24- Street Name Change Enterprise Avenue
Agenda No. 3
CITY COUNCIL MEMORANDUM
City Council Meeting: July 23, 2013
Department: EMS
Subject: Resolution No. 13-R-56 ?
Approval of the Bexar
Metro 911 Fiscal Year 2014 Budget
BACKGROUND:
Bexar Metro 911, by its charter under the Texas Health and Safety Code is required to seek approval of its
annual budget from all of the governmental entities for which it provides 911 services. This is done to
insure that all communities under the umbrella of this organization has an opportunity to provide input
and direction in the direction and focus of the 911 agency.
In previous years, the City of Schertz has taken advantage of this by working with other Metrocom cities
to seek dollars for differing projects that would improve the public safety dispatch operations in the City.
These actions were instrumental in the development of a Bexar Metro 911 grant program to improve and
upgrade dispatch operations.
This grant program set aside $2,000,000 of BM-911 reserves for this grant program. In FY 2012 and
2013 only $1,000,000 was requested, of which the City of Schertz was able to obtain approximately
$175,000 for new dispatch radio consoles. The remaining $1,000,000 is being carried over into FY 2014
and we will once again be able to seek funds for projects that staff identifies as eligible projects.
City of Schertz EMS Director Dudley Wait continues to sit on the Bexar Metro 911 Board of Directors as
the Guadalupe County representative.
FISCAL IMPACT
There is no fiscal impact to the City of Schertz by approval of this budget. This budget has no increases
in 911 fees so there will be no additional impact upon the citizens of Schertz beyond what they pay today.
RECOMMENDATION
Staff recommends Council approve Resolution No. 13-R-56
ATTACHMENTS
Resolution No. 13-R-56
Bexar 911 Proposed Budget
RESOLUTION NO. 13-R-56
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF
SCHERTZ, TEXAS AUTHORIZING THE APPROVAL OF THE BEXAR
METRO 911 BUDGET FOR FISCAL YEAR 2014, AND OTHER
MATTERS IN CONNECTION THEREWITH
WHEREAS, the City staff of the City of Schertz (the ?City?) has recommended that the
City send its approval to the Bexar Metro 911 Board of Directors of its Fiscal Year 2014 budget;
and
WHEREAS, the City Council has determined that it is in the best interest of the City to
support the growth and expansion of the 911 telephone access systems as planned for in the 2014
budget attached hereto as Exhibit A, for the public safety of Schertz citizens.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
THAT:
Section 1.The City Council hereby authorizes the approval of the Bexar Metro 911
budget as presented in 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.
rd
day of July, 2013.
PASSED AND ADOPTED, this 23
CITY OF SCHERTZ, TEXAS
Mayor, Michael R. Carpenter
ATTEST:
City Secretary, Brenda Dennis
(CITY SEAL)
- 2 -
50506221.1
Agenda No. 4
CITY COUNCIL MEMORANDUM
City Council Meeting:
July 23, 2013
Department:
Development Services
Subject:Resolution No. 13-R-59 ?
Approval
of easements for constructing,
operating, maintaining and repairing
a detention/treated effluent holding
pond and associated storm drainage
line to Schertz 1518, Ltd.
BACKGROUND
Goal
Provide easements to Schertz 1518, Ltd. for constructing, operating, maintaining,
and repairing a detention/treated effluent holding pond and associated storm
drainage line on the property they previously dedicated to the City of Schertz for a
park. The facility will provide a source of water to irrigate landscaping in the
Crossvine development while serving as an amenity to the future City Park.
Resolution No. 13-R-59 approves both permanent and construction easements
associated with constructing and maintaining for the pond and drainage line to
serve it.
Community Benefit
The new easements will create a pond on the park property that will serve as a
park amenity and better manage drainage coming across the park property.
Summary of Recommended Action
City staff recommends granting the easements.
FISCAL IMPACT
None. Schertz 1518, Ltd. will be responsible for the construction, operation, maintenance, and
repair of the pond.
RECOMMENDATION
Approval of Resolution No. 13-R-59
ATTACHMENT(S)
Resolution No. 13-R-59
Easement Document
RESOLUTION NO. 13-R-59
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF
SCHERTZ, TEXAS AUTHORIZING A PERMANENT EASEMENT FOR
CONSTRUCTING, OPERATING, MAINTAINING, AND REPAIRING A
DETENION/TREATED EFFLUENT HOLDING POND AND A
TEMPORARY CONSTRUCTION EASEMENT FOR THE PURPOSES OF
FACILITATING THE CONSTRUTION OF A STORM DRAINANGE
LINE WITH SCHERTZ 1518, LTD, A TEXAS LIMITED PARTNERSHIP,
AND OTHER MATTERS IN CONNECTION THEREWITH
WHEREAS, the City staff of the City of Schertz (the ?City?) has recommended that the
City execute and deliver a permanent easement for the purposes of constructing, operating,
maintaining, and repairing a detention/treated effluent holding pond and a temporary
construction easement for the purposes of facilitating the construction of a storm water drainage
line and of the detention/treated effluent holding pond (the ?Detention/Treated Effluent Holding
Pond? and ?Storm Water Drainage Line?) with Schertz 1518, Ltd, for the use, benefit, and
control of Schertz 1518, Ltd (?Grantee?); and
WHEREAS, Schertz 1518,. Ltd. granted a tract of land to the City of Schertz for a future
park; and
WHEREAS, the ?Detention/Treated Effluent Holding Pond? and ?Storm Water Drainage
Line? provide for improved flow of drainage across the City?s park property; and
WHEREAS, ?Detention/Treated Effluent Holding Pond? provides for an amenity to the
City Park that benefits the entire community; fair market value appraisals have been obtained on
all of the property that will be covered by the Water Easement Agreements; and
WHEREAS, the City Council has determined that it is in the best interest of the City to
execute and deliver to the Grantee the Detention/Treated Effluent Holding Pond Easement and
Temporary Construction Easement Agreement attached hereto as Exhibit A.
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 Detention/Treated Effluent Holding Pond Easement and Temporary Construction
Easement with Grantee in substantially the form set forth on Exhibit A, with such minor
modifications that may be authorized by the City Manager, in consultation with the City
Attorney, provided that no such modifications shall be contrary to, or inconsistent with, the
Water Easement Agreements attached hereto.
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.
PASSED AND ADOPTED, this 23rd day of July, 2013.
CITY OF SCHERTZ, TEXAS
Michael R. Carpenter, Mayor
ATTEST:
Brenda Dennis, City Secretary
(CITY SEAL)
EXHIBIT A
EASEMENT AGREEMENT
A-1
50514301.1
EASEMENT 1
NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON,
YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING
INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN
REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS:
YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER.
DETENTION/TREATED EFFLUENT HOLDING POND EASEMENT
AND
TEMPORARY CONSTRUCTION EASEMENT AGREEMENT
THE STATE OF TEXAS §
§
KNOW ALL PERSONS BY THESE PRESENTS THAT:
COUNTY OF BEXAR §
WHEREAS
, the Permanent Easement (as hereinafter defined) is located on certain
PremisesParkCITY OF SCHERTZ,
parkland (the ?? or the ??) owned and operated by the
TEXASGrantorCity
, a Texas municipal corporation (the ?? or the ??); and
WHEREAS
, the Grantor desires to have a pond located on the Premises as an amenity
offered to the citizens of the City in the Park; and
WHEREAS
, a pond of such size and quality to serve the purpose of the desired pond
amenity is not naturally located in the Park; and
WHEREAS
, the Grantor has determined that it is in the best interest of the citizens of the
City and that it will benefit the general welfare of the citizens of the City for the City to provide
the desired pond amenity in the Park; and
WHEREASSCHERTZ 1518, LTD
,, a Texas limited partnership, whose address is
______________________________________________________________________________
GranteeDevelopment
(the ??), is developing a master planned community (the ??) on certain
real property adjacent to the Park; and
WHEREAS
, the Development will create certain treated effluent water that could be
used to fill a pond so that the City could provide the desired pond amenity to the citizens of the
City; and
WHEREAS
, the City has determined that by granting the Grantee a permanent easement
for the purposes of constructing, operating, maintaining, and repairing a detention/treated
Detention/Treated Effluent Holding Pond
effluent holding pond (the ??) and a temporary
construction easement for the purposes of facilitating the construction of a storm water drainage
Storm Water Drainage Line
line (the ??) and of the Detention/Treated Effluent Holding Pond,
the City will, at minimal cost to the City and the citizens of the City, be able to provide the
citizens of the City with access to the desired pond amenity in the Park.
NOW, THEREFORE,
for and in consideration of the sum of Ten and No/100 Dollars
($10.00) and other good and valuable consideration paid by the Grantee to the Grantor, the
50661763.2
GRANTEDSOLD
receipt and sufficiency of which are hereby acknowledged, Grantor has ,, and
CONVEYEDGRANTSELLCONVEY
and by these presents does ,, and unto the Grantee, its
successors and assigns, subject to the terms hereof, (1) a permanent non-exclusive easement and
BEXAR
right-of-way upon, across, and beneath real property located in County, Texas, as more
Exhibit A
particularly described in attached hereto and incorporated herein for all purposes (the
Permanent Easement
??), being an approximately 4.4701 acre tract located on the Premises, and
(2) a temporary non-exclusive construction easement and right-of-way upon and across an
Exhibit B
approximately 0.0457 acre portion of the Premises, more particularly described in
Construction Easement
attached hereto and incorporated herein for all purposes (the ??)
Easements
(collectively, the ??). The Permanent Easement is granted for the purpose of
constructing, operating, maintaining, and repairing the Detention/Treated Effluent Holding Pond.
The Construction Easement is granted for the purpose of facilitating the construction of the
Storm Water Drainage Line and the Detention/Treated Effluent Holding Pond.
The Easements herein granted are subject to the following terms, agreements,
reservations, conditions, covenants, limitations, and exceptions:
(1)The Permanent Easement herein granted shall be located across the land described
Exhibit A
by and shall be perpetual until the earlier to occur of (a) the permanent
and affirmative abandonment of the use of the Permanent Easement by the
Grantee, its successors or assigns, or (b) the execution and recordation in the
BEXAR
Official Public Records of County, Texas, of an instrument by which the
Grantee, or its successors or assigns, as applicable, abandons and releases the
Permanent Easement.
(2)The Construction Easement herein granted shall be located across the land
Exhibit B
described by . The Construction Easement shall terminate upon the
completion (as certified in writing by the Grantee to the Grantor) of the
Stormwater Drainage Line and the Detention/Treated Effluent Holding Pond
construction. The Grantee shall restore the Construction Easement area to as close
to its original condition as reasonably practical.
(3)Neither the Grantor nor any successor owner of the Premises shall disconnect,
disturb, or otherwise interfere with the continued use of the Detention/Treated
Effluent Holding Pond, nor shall any such persons erect or permit the erection of
any buildings, slabs, structures, or other improvement within the boundaries of the
Permanent Easement which would interfere with the Detention/Treated Effluent
Holding Pond?s continued use and maintenance. With respect to any buildings,
slabs, structures, or other improvements encroaching on the Permanent Easement
as of the date of this Agreement which are of such a nature to interfere with the
use and maintenance of the Detention/Treated Effluent Holding Pond, the Grantee
shall have the right to remove such building, slab, structure, or improvement to
allow for the construction, operation, maintenance, or repair of the
Detention/Treated Effluent Holding Pond. The Grantee shall, however, take
reasonable precautions to preserve any mature trees existing within either the
Permanent Easement or the Construction Easement. To the extent that
construction of the Stormwater Drainage Line and/or the Detention/Treated
- 2 -
50661763.2
Effluent Holding Pond results in the removal of brush from the Easements, the
Grantee shall arrange for the disposal of the brush at the Grantee?s sole cost and
expense.
(4)The Easements herein granted shall run with the land and be binding upon and
inure to the benefit of the Grantor and the Grantee, and their respective
successors, assigns, and legal representatives, and shall be binding upon all parties
having or acquiring any right, title or interest in the Premises or any portion
thereof.
(5)Should it become necessary at any time subsequent to completion to the
construction of the Stormwater Drainage Line and/or the Detention/Treated
Effluent Holding Pond for the Grantee to enter the Grantor?s Premises for the
purpose of maintaining, repairing, operating, or altering the Detention/Treated
Effluent Holding Pond in any way, the Grantee shall, after each entry upon the
Premises, leave the Premises substantially in the same condition that it was in
prior to such entry to the full extent reasonably practicable.
(6)The Easements are further made subject to all validly existing easements, rights-
of-way, conditions, restrictions, covenants, or outstanding mineral or royalty
BEXAR
interests or reservations, of record, if any, in County, Texas as of the
date hereof.
(7)The Grantee may exercise its rights hereunder directly by its employees or by its
contractors or any duly authorized agent.
TO HAVE AND TO HOLD
said Easements together with all and singular the rights and
appurtenances thereto anywise belonging unto the Grantee, its successors and assigns; and the
Grantor does hereby bind itself, its successors and assigns, to specifically warrant and forever
defend the Easements unto the Grantee, its successors and assigns, against every person
whomsoever lawfully claiming or to claim the same or any part thereof, by, through, or under the
Grantor, buy not otherwise, subject, however, to the matters set forth herein.
Executed to be effective as of __________ __, 2013 (the ?Effective Date?).
[ signatures and acknowledgements on the following pages ]
- 3 -
50661763.2
This instrument has been executed as of the dates of the acknowledgments to be effective
as of the Effective Date.
GRANTEE
SCHERTZ 1518, LTD,
a Texas limited partnership
By:
Name:
Title:
THE STATE OF TEXAS §
§
COUNTY OF __________ §
This instrument was acknowledged before me on the ____ day of _________, 2013 by
_________________, as _______________ of SCHERTZ 1518, LTD, a Texas limited
partnership, on behalf of said limited partnership.
(SEAL)
Notary Public in and for
The State of Texas
My Commission Expires:
- 4 -
50661763.2
GRANTOR:
CITY OF SCHERTZ, TEXAS,
a Texas municipal corporation
John C. Kessel
City Manager, City of Schertz
THE STATE OF TEXAS §
§
COUNTY OF GUADALUPE §
This instrument was acknowledged before me on the ____ day of _________, 2013 by
John C. Kessel, as City Manager of the City of Schertz, on behalf of such City.
(SEAL)
Notary Public in and for
The State of Texas
My Commission Expires:
AFTER RECORDING RETURN TO:
Norton Rose Fulbright
Attention: Katherine A. Tapley
300 Convent Street, Suite 2100
San Antonio, Texas 78205
- 5 -
50661763.2
EXHIBIT A
Permanent Easement
[ See the following three pages ]
A-1
50661763.2
A-2
50661763.2
A-3
50661763.2
A-4
50661763.2
EXHIBIT B
Construction Easement
[ See the following two pages ]
B-1
50661763.2
B-2
50661763.2
B-3
50661763.2
Agenda No. 5
CITY COUNCIL MEMORANDUM
City Council Meeting: July 23, 2013
Department: Council
Subject:
Discussion and action regarding the
appointment of the Mayor Pro-Tem ? Term
August 2013 to February 2014
BACKGROUND
As approved in the City Council Rules of Procedure Article 5. Appointment Procedures:
a)The Council will discuss, and with a majority vote, appoint the Councilmember to
serve as the Mayor Pro-Tem for the City.
b)The appointed Mayor Pro-Tem must be a Councilmember and must meet the
qualifications of Section 4.02 of the City Charter.
In addition, to be appointed to the position of Mayor Pro-Tem, a Councilmember
must be an elected member of the Council.
c)Term dates for the Mayor Pro-Tem position will begin in February and August of
each year (the election dates offset by three (3) months). Terms will sequentially
rotate according to Councilmember place.
d)If the Councilmember place that is up for appointment as Mayor Pro-Tem is vacant or
is held by a Councilmember who is not qualified to serve as Mayor Pro-Tem, the
Mayor Pro-Tem appointment will go to the next qualified Councilmember.
e)The position will have a term of office of six (6) months.
f)The appointed Mayor Pro-Tem may be removed by Council by a two-thirds (2/3)
majority vote of the members of Council at any time during his or her term.
g)Council reserves the right to alter this procedure at any time by resolution or rule.
FISCAL IMPACT
None at this time
RECOMMENDATION
Based on the City Council Rules of Procedure the next qualified would be Councilmember Jim
Fowler. Council to nominate and vote on the next Mayor Pro-Tem. Swearing in of the Mayor
Pro-Tem will be on August 6, 2013.
Agenda No. 6
CITY COUNCIL MEMORANDUM
City Council Meeting: July 23, 2013
Department: Public Works
Subject:Ordinance No. 13-F-26 ?
Amending the City?s
Drought Contingency Ordinance by amending
Section VII Definitions under Commercial and
Industrial Use to include commercial car wash and
laundry facilities and other business activities
adding Subsection J under Non-Essential Water
Use to include the use of water in single-pass
cooling system connections and non-recirculating
systems for new commercial and industrial uses.
First Reading.
BACKGROUND
Texas Water Development Board (TWDB) requires all cities to have a water conservation plan on file
to satisfy the requirements of 30TAC Chapter 288. The City of Schertz adopted an amended Water
Conservation Ordinance 09-F-21 on June 23, 2009 pursuant to Ordinance 09-F-17. The guidelines set
forth by the TWDB for the conservation plan include a strategy or a combination of strategies for
reducing the consumption of water, reducing the loss of waste of water, improving or maintaining the
efficiency in the use of water, or increasing recycling and reuse of water. It contains Best Management
Practices (BMP) measures to try to meet the targets and goals identified in the plan.
In February 2013, the Public Works Department was notified by the Edwards Aquifer Authority that
our Conservation Plan did not meet the new Best Management Practices (BMP) requiring that new
single-pass cooling system connections and new non-recirculating systems for commercial laundry
systems are prohibited.
Staff reviewed the deficiency with the Edwards Aquifer Authority and found that this is a new
requirement that all cities must add to their conservation plan. Even though the City only utilizes the
Edwards Aquifer for emergency purposes, the City should comply with the conservation requirements
set forth.
After further review, Staff determined that there was need to also add language to the Conservation
Plan that would allow for the enforcement of the requirement of all automated care wash facilities to
implement recycle technology. Staff agrees that these additions to the Conservation Plan will
additionally help to protect our water sources for the future of the City.
Goal
To ensure that the City of Schertz is in compliance with the Conservation requirements set forth by the
Edwards Aquifer Authority?s Municipal Conservation Plan as well as ensure that the City?s Drought
Contingency and Conservation Plans are up-to-date with the most current requirements.
Community Benefit
Through proper Drought Contingency and Conservation Plans, the City will be able to properly serve
the residents with reliable drinking water and adequate pressure for years to come.
Summary of Recommended Action
Staff recommends approval of Ordinance 13-F-26 Amending the City?s Drought Contingency
Ordinance No. 09-F-21 by amending Section VII Definitions under Commercial and Industrial Use to
include commercial car wash and laundry facilities and other business activities adding Subsection J
under Non-Essential Water Use to include the use of water in single-pass cooling system connections
and non-recirculating systems for new commercial and industrial uses.
FISCAL IMPACT
No fiscal impact.
RECOMMENDATION
Staff recommends Council approve Ordinance 13-F-26 on the first reading.
ATTACHMENTS
Ordinance 13-F-26
Amended Water Conservation Plan
ORDINANCE NO. 13-F-26
AN ORDINANCE OF THE CITY OF SCHERTZ, TEXAS,
AMENDING THE CITY?S DROUGHT CONTIGENCY
ORDINANCE BY AMENDING SECTION VII DEFINTIONS
UNDER COMMERCIAL AND INDUSTRIAL USE TO INCLUDE
COMMERCIAL CAR WASH AND LAUNDRY FACILITIES AND
OTHER BUSINESS ACTIVITIES AND ADDING SUBSECTION J
UNDER NON-ESSENTIAL WATER USE TO INCLUDE THE USE
OF WATER IN SINGLE-PASS COOLING SYSTEM
CONNECTIONS AND NON-RECIRCULATING SYSTEMS FOR
NEW COMMERCIAL AND INDUSTRIAL USES ESTABLISHING
PENALTIES FOR THE VIOLATION OF AND PROVISIONS FOR
ENFORCEMENT OF THESE RESTRICTIONS; ESTABLISHING
PROCEDURES FOR GRANTING VARIANCES; AND PROVIDING
SEVERABILITY AND AN EFFECTIVE DATE.
WHEREAS, the City of Schertz, Texas (the ?City?) recognizes that the amount of water
available to the City and its water utility customers is limited and subject to depletion during
periods of extended drought;
WHEREAS, the City recognizes that natural limitations due to drought conditions and other
acts of nature cannot guarantee an uninterrupted water supply for all purposes;
WHEREAS, the City Council had previously adopted Ordinance No. 09-F-21, establishing a
drought contingency plan;
WHEREAS, Section 11.1272 of the Texas Water Code and applicable rules of the Texas
Commission of Environmental Quality along with requirements of 30 TAC Chapter 288
require all public water supply systems in Texas to prepare a drought contingency and water
conservation plan; and
WHEREAS, as authorized under law, and in the best interests of the citizens of Schertz,
Texas, the City Council deems it expedient and necessary to establish certain rules and
policies for the orderly and efficient management of limited water supplies continually and
more aggressively during drought and other water supply emergencies;
NOW THEREFORE, BE IT ORDAINED BY THE CITY OF SCHERTZ, TEXAS:
SECTION 1.
That the City Council hereby amends and replaces Ordinance No. 09-F-21 by adopting the
City of Schertz Drought Contingency and Water Emergency Response Plan and Water
Conservation Plan attached hereto as Exhibit A and Exhibit B and made part hereof for all
purposes be, and the same are hereby, adopted as the official policy of the City.
SECTION 2.
That all ordinances that are in conflict with the provisions of this Ordinance, including but
not limited to Ordinance No. 09-F-21, are and the same are hereby, repealed to the extent of
such conflict and all other ordinances of the City not in conflict with the provisions of this
Ordinance shall remain in full force and effect.
SECTION 3.
Should any paragraph, sentence, subdivision, clause, phrase, or section of this Ordinance be
adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the
validity of this Ordinance as a whole or any part or provision thereof, other than the part so
declared to be invalid, illegal or unconstitutional.
SECTION 4.
This Ordinance shall be in force and effect from the after its final passage and ay publication
required by law, and shall have an effective date of the date this Ordinance is adopted on
second and final reading, and it is so ordained.
PASSED ON FIRST READING, the 16of July 2013.
th
PASSED, APPROVED, AND ADOPTED ON SECOND READING the ____ day of July
2013.
APPROVED:
____________________________
Michael Carpenter, Mayor
ATTESTED TO:
__________________________
Brenda Dennis, City Secretary
(Seal of City)