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09-17-2013 Agenda with Backup SPECIAL JOINT MEETING AGENDA City Council & Traffic Safety Advisory Commission & City Council REGULAR SESSION CITY COUNCIL September 17, 2013, 6:00 P.M. HAL BALDWIN MUNICIPAL COMPLEX COUNCIL CHAMBERS 1400 SCHERTZ PARKWAY BUILDING #4 SCHERTZ, TEXAS 78154 AGENDA TUESDAY, SEPTEMBER 17, 2013 AT 6:00 P.M. Call to Order ? Special Joint Meeting (City Council and Traffic Safety Advisory Commission) Call to Order ? Special Session A.Call to order by each Governing Body. Invocation and Pledges of Allegiance to the Flags of the United States and State of Texas. (Mayor Pro-Tem Fowler) B.Presentation/discussion and direction regarding the City of Schertz Code of Ordinances, Chapter 54 ? Nuisances, Section 54-22(b)(3) ? Any sign, notice, pole, post, basketball goal, and any other obstructions placed or painted upon any sidewalk, street, or in any public right-of-way within the corporate limits of the City. (J. Bierschwale/B. Todd) Adjournment of Special Joint Meeting City Council Traffic Safety Advisory Commission Call to Order ? Regular Session City Events and Announcements Announcements of upcoming City Events (D. Harris/J. Bierschwale/B. James) Announcements and recognitions by City Manager (J. Kessel) Presentations Presentation and update regarding the upcoming Schertz Fest Event (J. Bierschwale/M. Spence) GuadalupeRegional Medical CenterReport(Jerry Riggs) ðçóïéóîðïí Ý±«²½·´ ß¹»²¼¿ 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. Workshop Presentation,discussion and possible action regarding amendments to the City of Schertz Health Insurance Benefits (J. Kessel/J. Smith) Resolution No. 13-R-76 ? 1A.Consideration and/or action approving a Resolution amending the City of Schertz Employee Health Benefits Plan timeframe from a calendar year to a fiscal year, and other matters in connection therewith. Resolution No. 13-R-77 1B.? Consideration and/or action approving a Resolution adopting amendments to the City?s Health Insurance benefits for City Employees, and other matters in connection therewith. Discussion and possible action regarding the Schertz Senior Center to include Contracts, Partners and/or plans. (Mayor Carpenter) 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 Special Meeting of September 6, 2013, and Regular Meeting ofSeptember 10, 2013. (J. Kessel/B. Dennis) Ordinance No. 13-D-41 2.? Consideration and/or action approving an Ordinance amending Chapter 86 of the Code of Ordinances by the City of Schertz, as amended, by adding Section 86-63, Prohibiting the use of Engine Brakes on any streets or highways ðçóïéóîðïí Ý·¬§ Ý±«²½·´ ß¹»²¼¿Ð¿¹»ó î ó within the City, providing a penalty of fine not to exceed the sum of Five Hundred Dollars ($500.00) for each offense; repealing all Ordinances or parts of Ordinances in Final Reading conflict with this Ordinance; and providing an effective date. (J. Bierschwale/M. Hansen) Resolution No. 13-R-80 3.? Consideration and/or action approving a Resolution authorizing an Advertising and Graphic Design Services Agreement with Souzamaphone Marketing, LLC, and other matters in connection therewith. (D. Harris/L. Klepper) Resolution No. 13-R-71Schertz Seguin Local Government Corporation (SSLGC) 4.- Fiscal Year 2013-14 Annual Budget SSLGC Resolution # SSLGC #SSLGC R-13- 09 -Considerationand/or action approving theSchertz Seguin Local Government Corporation (SSLGC) FY 2013-14 Budget. (J. Bierschwale/S. Willoughby/A. Cockerell) Resolution No. 13-R-72 -Schertz Seguin Local Government Corporation 5. (SSLGC) Fiscal Year 2013-14 Water Rates SSLGC Resolution # SSLGC #SSLGC R-13-10 - Consideration and/or action approving the Schertz Seguin Local Government Corporation (SSLGC) FY 2013-14 Water rates. (J. Bierschwale/S. Willoughby/A. Cockerell) Resolution No. 13-R-73 6.? Consideration and/or action approving a Resolution authorizing a Management ServicesAgreement with Schertz Seguin Local Government Corporation (SSLGC). (J. Bierschwale/S. Willoughby/A. Cockerell) Resolution No. 13-R-74 7.? Consideration and/or action approving a Resolution authorizing a second amendment to TowerLease Agreement with Clear Wireless LLC, and other matters in connection therewith. (J. Kessel/B. Cantu) Resolution No. 13-R-79 8.? Consideration and/or action approving a Resolution authorizing a Personal Services Agreementwith Charmain Sanchez for Services related to Marketing and Developing certainCity Property for the purpose of the Installation and Operation of Wireless Communication Equipment and Systems and the Continued Management of the City?s Telecommunications Tenants, and other matters in connection therewith. (J. Kessel/B. Cantu) Discussion and Action Items Resolution No. 13-R-75 9.? Consideration and/or action approving a Resolution authorizing an Interlocal Agreement betweenthe City of Schertz, Texas and the Cibolo Creek Municipal Authority regarding purchase of property for a future Wastewater Treatment Facility with the Cibolo Creek Municipal Authority, and other matters in connection therewith. (J. Bierschwale/S. Willoughby) Resolution No. 13-R-78 10.? Consideration and/or action approving a Resolution approving and ratifying a Purchase and Sale Agreement and a First Amendment to Purchase and Sale Agreement, both with Michael F. Biry and Jennifer S. Biry, and ðçóïéóîðïí Ý·¬§ Ý±«²½·´ ß¹»²¼¿Ð¿¹»ó í ó authorizing a Continuation Notice granting consent to proceed to Closing related to such Agreement and Amendment, all in connection with the purchase by the City of Real Property located along Commercial Place and Windy Meadows Drive, described as Lots 31 and 32, Block 1, Schertz Business Park according to the plat recorded in Volume 5, Page 225B, Lot 24, Block 2 Windy Meadow, according to the plat recorded in Volume 5, Page 50A-51A, Lots 23, 24, and 28 Block 1, Schertz Business Park, according to the plat recorded in Volume 4, Page 336, all located in the City of Schertz, Guadalupe County, Texas, as well as the Purchase of related improvements and Personal Property, from Michael F. Biry and Jennifer S. Biry, and other matters in connection therewith. (J. Bierschwale/K. Tapley) Roll Call Vote Confirmation Requests and Announcements 11. Announcements by City Manager Citizen Kudos Recognition of City employee actions New Departmental initiatives 12. Requests by Mayor and Councilmembers that items be placed on a future City Council agenda. 13. Requests by Mayor and Councilmembers to City Manager and Staff for information. 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 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; ðçóïéóîðïí Ý·¬§ Ý±«²½·´ ß¹»²¼¿Ð¿¹»ó ì ó Section 551.074 Texas Government Code ? Deliberation regarding personnel matters ÜÏÙthe appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of the City Attorney. Reconvene into Regular Session 15. Take any actiondeemed necessary as a result of the Executive Session. Adjournment 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 13th DAY OF SEPTEMBER 2013 AT 5:30 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 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. ðçóïéóîðïí Ý·¬§ Ý±«²½·´ ß¹»²¼¿Ð¿¹»ó ë ó COUNCIL COMMITTEE AND LIAISON ASSIGNMENTS Mayor CarpenterMayor Pro-Tem Fowler ? Place 1 Audit Committee Interview Committee for Boards and Commissions Hal Baldwin Scholarship Committee Schertz Housing Board Liaison Interview Committee for Boards and Commissions Investment Advisory Committee TIRZ II Board Councilmember Scagliola ? Place 2Councilmember Antuna - Place 3 Animal Control Advisory Committee ASA Commuter Rail District Board ? Lone Star Cibolo Valley Local Government Corporation Randolph Joint Land Use Study (JLUS) Executive Interview Committee for Boards and Commissions Committee Sweetheart Advisory Committee Schertz Seguin Local Government Corporation Councilmember Edwards ? Place 4Councilmember ? Verinder ? Place 5 Audit CommitteeAudit Committee Hal Baldwin Scholarship Committee Investment Advisory Committee ðçóïéóîðïí Ý·¬§ Ý±«²½·´ ß¹»²¼¿Ð¿¹»ó ê ó CITY COUNCIL MEMORANDUM Item B City Council Meeting: September 17, 2013 Department: Marshal?s Services Subject: Presentation/discussion and direction Regarding 54-22(b-3) Any sign, notice, pole, post, basketball goal, And any other obstructions placed Or painted upon any sidewalk, street, or in any public right-of-way within the corporate limits of the City. ________________________________________________________________________ Background This issue of basketball goals in the street and on sidewalks was discussed with City Council on June11, 2013. In order to put this issue into the full context, there are three separate issues that must be considered. The first relates to safety, the second relates to nuisance, and the third relates to citizen enjoyment of their neighborhoods. Staff discussed the Nuisance Ordinance Section 54-22 as it relates to any sign, notice, pole, post, basketball goal, and any other obstruction placed or painted upon any sidewalk, street or in any public right-of-way within the corporate limits of the City. Council provided their comments and expressed concerns regarding the placement of basketball goals in the streets. They discussed issues of safety, rights of property owners, and the right of enjoyment of their neighborhoods. Council agreed this should not be included in the Nuisance Ordinance. Council referred this item to the Traffic Safety Advisory Commission (TSAC) for review, and to then bring their recommendations back to Council. Staff presented the issue to the Transportation Safety Advisory Committee (TSAC) on August 1, 2013. TSAC members strongly felt that basketball goals should not be allowed in the street or to obstruct sidewalks. ATTACHMENT: Nuisance Ordinance Section 54-22 (b-3) PRESENTATION CITY COUNCIL MEMORANDUM City Council Meeting: September 17, 2013 Department: City Manager Subject:Guadalupe Regional Medical Center Prescription Access Program Annual Report BACKGROUND Goal Representative Jerry Riggs, with the Guadalupe Regional Medical Center will provide the report for March 1, 2013 through August 31, 2013. This program assists City residents in need with securing necessary prescriptions Community Benefit Healthier citizens Summary of Recommended Action Since at least 2000, the City has provided $5,000 per year to Guadalupe Regional Medical Center in Seguin to assist in the provision of prescriptions to needy Schertz residents. The Hospital is required to provide a report to the City twice annually to document the assistance received by Schertz residents. 50464871.2 Û¨¸·¾·¬ß Î»°±®¬×²º±®³¿¬·±² Ù«¿¼¿´«°»Î»¹·±²¿´Ó»¼·½¿´Ý»²¬»® Ð®»½®·°¬·±²ß·¬¿²½»Ð®±¹®¿³º±®Í½¸»®¬¦Û²®±´´»» Ú»¾®«¿®§ïôîðïí¬±Ö«´§íïôîðïí ÞÛÒÛÚ×Ì Ì±¬¿´²«³¾»®±º°¿¬·»²¬»®ª»¼¾§¬¸»°®±¹®¿³çéî Ì±¬¿´²«³¾»®±ºÍ½¸»®¬¦®»·¼»²¬»®ª»¼¾§¬¸»°®±¹®¿³ìï Ì±¬¿´²«³¾»®±º°®»½®·°¬·±²°®±ª·¼»¼¾§¬¸»°®±¹®¿³éôíèð Î»¬¿·´¼±´´¿®ª¿´«»¬±¬±¬¿´°®»½®·°¬·±²°®±ª·¼»¼¾§¬¸»ÐßÐüìôðëêôïíèòïî Î»¬¿·´¼±´´¿®ª¿´«»±º°®»½®·°¬·±²°®±ª·¼»¼¬±Í½¸»®¬¦®»·¼»²¬¾§ÐßÐüïëïôçêéòéð Ò«³¾»®±º°®»½®·°¬·±²°»®Í½¸»®¬¦°¿¬·»²¬°»®³±²¬¸ïòîì ßª»®¿¹»°®»½®·°¬·±²®»¬¿·´°®·½»øí³±²¬¸«°°´§÷°»®Í½¸»®¬¦°¿¬·»²¬üìçêòêí ßª»®¿¹»¿²²«¿´®»¬¿·´°®»½®·°¬·±²¾»²»º·¬°»®Í½¸»®¬¦°¿¬·»²¬üéôìïíòðê ÍÑËÎÝÛÍÑÚÐÎÑÙÎßÓÚËÒÜÍøßÒÒËßÔ÷ Í½¸»®¬¦½±²¬®·¾«¬·±²¬±¬¸»°®±¹®¿³üëôðððòðð Ý±²¬®·¾«¬·±²¬±¬¸»ÐßÐ±º±¬¸»®½·¬·»ú±¬¸»®¹±ª»®³»²¬øÍ»¹«·²÷üîëôðððòðð Ý±²¬®·¾«¬·±²¬±°®±¹®¿³¾§ÙÎÓÝü Ð¿§³»²¬¾§°¿¬·»²¬øüïëòððñ³±²¬¸ñ°¿¬·»²¬÷üïíçôîëçòðð Ù®¿²¬®»½»·ª»¼º±®¬¸»°®±¹®¿³øË²·¬»¼É¿§÷üïðôðððòðð Ñ¬¸»®±«®½»±ºº«²¼ø·¼»²¬·º§±«®½»÷ Ð®·ª¿¬»üîôëððòðð Þ¿°¬·¬Ø»¿´¬¸Ú±«²¼¿¬·±²üïîëôðððòðð Î¿·»¬±Î¿·»Ì®¿·´Î«²Ú«²¼Î¿·»®üïïôçðêòðð üíïèôêêëòðð ÌÑÌßÔ Workshop Item 1 CITY COUNCIL MEMORANDUM City Council Meeting: September 17, 2013 Department: Human Resources Subject: Resolution No. 13-R-76 ? Consideration and/or action approving a Resolution amending the City of Schertz Employee health benefits plan timeframe from a calendar year to a fiscal year. Resolution No. 13-R-77 ? Consideration and/or action approving a Resolution adopting amendments to the City?s Health Insurance benefits for City employees. BACKGROUND The City of Schertz provides medical, dental, vision, and various other benefits to City employees. The City of Schertz budgeted a 5% increase on the sum of these benefits for the 2014 plan year. City staff researched the affordability of employees including their dependents on the City?s health insurance. In speaking to employees, many are not able to include their dependents on the health insurance because of the high cost. At this time, only 14.8% of all employees on the health insurance include their dependents. Only 4.5% of employees have adopted the family coverage option. Furthermore, the average employee merit increase this year is 2% = $861/year or $33.14 per pay period. Therefore, the increased costs to dependent care will absorb at least 63% of the average paycheck. City staff requested the City?s insurance carrier (Humana) provide alternative health plan options, including High Deductible Health Plans (HDHP?s) to compare and contrast with the City?s current health plans and their costs. Staff also researched the efficacy of keeping the existing health insurance plans on a calendar year as opposed to a fiscal year. For budgetary purposes and other reasons, staff is recommending changing the City?s health insurance plan year from a calendar plan year to a fiscal plan year beginning 10/1/2014 to match the budget cycle. City Council Memorandum 2 Page A detailed summary of plan renewal rate changes to the City?s health insurance will be presented to City Council as well as recommendations from staff regarding insurance plan design changes and premium refunds. All recommended changes stay within the 2013-2014 approved budget for employee health insurance benefits. GOALS These goals are based on direction from City Council: 1.To have a smart budgeting process 2.To have a plan for managing health care over the long-term future 3.To provide affordable health care for employees and their dependents COMMUNITY BENEFITS The recommendations benefit the community by providing a plan for slowing or stalling the cost of providing employee healthcare to City employees. The recommendations also provide a way to empower employees to have more control over their own health care. FINANCIAL IMPACT Proposed budget for health insurance increases is 5% for a total of $1,814,722 The proposed changes to the health insurance plans have no financial impact as the changes stay within the recommended budget. RECOMMENDATIONS Recommend approval of Resolution No. 13-R-76 adopting amendments to the City?s Health Insurance benefits for City employees. Recommend approval of Resolution No. 13-R-77 amending the health benefits plan timeframe from a calendar year to a fiscal year. ATTACHMENTS Resolution No. 13-R-76 Resolution No. 13-R-77 50442052.1 RESOLUTION NO. 13-R-76 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AMENDING THE CITY OF SCHERTZ EMPLOYEE HEALTH BENEFITS PLAN TIMEFRAME FROM A CALENDAR YEAR TO A FISCAL YEAR, AND OTHER MATTERS IN CONNECTION THEREWITH WHEREAS, the City staff of the City of Schertz (the ?City?) has recommended moving the City?s employee benefits plan year to match the City?s fiscal budget year beginning 10/1/2014. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS THAT: Section 1.The City Council hereby approves the change in the employee benefits plan year from a calendar year to match the City?s fiscal budget year. 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. -1- th PASSED AND ADOPTED, this 17 Day of September, 2013. CITY OF SCHERTZ, TEXAS Michael R. Carpenter, Mayor ATTEST: Brenda Dennis, City Secretary (CITY SEAL) -2- RESOLUTION NO. 13-R-77 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS ADOPTING AMENDMENTS TO THE CITY?S HEALTH INSURANCE BENFITS FOR CITY EMPLOYEES, AND OTHER MATTERS IN CONNECTION THEREWITH WHEREAS, the City staff of the City of Schertz (the ?City?) has recommended certain insurance renewals to the City?s Medical and Dental Plans BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS THAT: Section 1.The City Council hereby approves the following changes to the City?s Medical, Dental, and Vision Plans: MEDICAL The following table shows the cost changes on the Medical PPO Plan. The increase to the City?s medical plan is 5%, which is a monthly increase of $22.67 per employee and an approximate $82,000 increase to the City?s medical plan. CurrentCalendar Year Employee Cost Employee Cost Monthly2014 Monthly Increase Per Increase Per Medical PPO Premium Premium MonthPay Period Employee $453.30$475.97$0.00$0.00 Employee & Children$900.84$945.89$45.05$20.79 Employee & Spouse$989.74$1,039.23$49.49$22.84 Employee & Family $1,289.00$1,353.46$64.46$29.75 Recommended changes to the medical plan: 1.Remove the HMO and current consumer-driven plan, to which only 5% of all employees electing medical benefits belong. 2.Add a cost-effective, High Deductible Health Plan (HDHP) with an attached Health Savings Account (HSA). 3.Employees who move from the Medical PPO to the HDHP would receive the premium difference for the Employee Only (EO) option and have the choice of applying that monetary value to a Health Savings Account (HSA) or to their dependent premium, further reducing their out-of-pocket expenses. -1- Yearly 2014 PPO 2014 HDHP Difference in Employee Cost Medical PPO MonthlyMonthlyEmployee Decrease Per Vs. HDHP Premium Premium Premium Pay Period Employee $475.97379.17-$1,161.60$0.00 Employee & Children$945.89$753.52-$2,308.44$88.79 Employee & Spouse$1,039.23$827.87-$2,536.32$97.55 Employee & Family $1,353.46$1,078.20-$3,303.12$127.04 4.The City received an annual premium refund per the Affordable Care Act in the amount of $14,064. $3,102 will be refunded to 70 different City employees and $10,962 will be refunded to the City. Staff recommends the City?s portion of $10,962 be split among employees with dependents who choose the HDHP to subsidize employee dependent coverage. 5.Employees who elect the HDHP will have to move to the HSA compliant option under the City?s current medical bridge plan per IRS rules. Under this plan, the hospitalization benefit would increase to $1,000 to assist with catastrophic events but the plan would not include an outpatient surgery benefit that currently exists in the regular medical bridge plan. The increase in the hospitalization benefit under for the HSA compliant option would increase $0.40/month per employee, which would be a annual increase of $1,500. DENTAL The Traditional PPO Dental did not receive an increase for the 2014 plan year. Recommended changes to the dental plan: 1.Remove the basic HMO plan and replace it with a second PPO option, which will provide a higher level of coverage (100/80/0) and a more expansive network than the existing HMO plan, but at a comparable cost to the existing HMO plan. This change would equate to a $1.21 monthly increase per employee, which is a $4,385 annual increase. This plan will become the City?s default dental plan and will only pay up to the 12.09/month per employee for either dental plan. Therefore, employees who cover their dependents and remain on the Traditional PPO will receive a $1.21/month reduction in their dependent premiums. -2- nd Dental PPO Current HMO Proposed 2Employee Employee Vs. Current MonthlyOption PPO Increased Increased Per HMO Premium PlanMonthly Cost Pay Period Cost Employee $10.88$12.09$0.00$0.00 Employee + 1 $20.65$26.58$4.72$2.18 Employee & ChildrenNA$30.15NANA Employee & Spouse$20.65$26.58$4.72$2.18 Employee & Family $30.98$47.04$14.85$6.85 VISION The City?s Vision plan had a $0.26/month increase per employee per month for the 2014 Plan year. This is a $942.24 annual increase and a 3.9% annual increase to the vision plan. Monthly Current2014 Renewal Difference in Employee Cost MonthlyMonthlyEmployee Decrease Per VisionPremium Premium Premium Pay Period Employee $6.63$6.89$0.00$0.00 Employee + 1 $13.25$13.77$0.26$0.12 Employee & Family $17.76$18.45$0.43$0.20 Section 2.The City Council hereby approves payment of necessary premiums for such coverage to the City of Schertz Employee Benefits Trust for prompt payment to the appropriate insurance carriers. 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 resolved 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. -3- 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, Texas Government Code, as amended. Section 8.This Resolution shall be in force and effect from and after its final passage, and it is so resolved. th PASSED AND ADOPTED, this 17 Day of September, 2013. CITY OF SCHERTZ, TEXAS Michael R. Carpenter, Mayor ATTEST: Brenda Dennis, City Secretary (CITY SEAL) -4- Agenda No. 1 CITY COUNCIL MEMORANDUM City Council Meeting: September 17, 2013 Department: City Secretary Subject: Minutes BACKGROUND The City Council held a special meeting on September 6, 2013 and a regular meeting on September 10, 2013. FISCAL IMPACT None RECOMMENDATION Staff recommends Council approve the minutes ofthe special meeting of September 6, 2013 and minutes of the regular meeting of September 10, 2013. ATTACHMENT Minutes ?special meeting September 6, 2013 regular meeting September 10, 2013. MINUTES SPECIAL SESSION MEETING September 6, 2013 A Special Meeting was held by the Schertz City Council of the City of Schertz, Texas on Friday, September 6, 2013, at 1:00 p.m., at the Schertz Senior Center, 608 Schertz Parkway, Schertz, Texas. The following members present to-wit: Mayor Michael R. Carpenter Mayor Pro-Tem Jim Fowler Councilmember David Scagliola Councilmember Cedric Edwards Staff Present: City Manager John C. Kessel Executive Director John Bierschwale Executive Director Brian James Chief of Staff Bob Cantu Director ofParks,Recreation and Community Services George Logan City Secretary Brenda Dennis Planner 1, Brice Cox Comal County Senior Citizens? Foundation Members: Executive Director, Robert Lopez Senior Ctr. Director, Donna Thompson Vice President of Operations, Ken Lowery CALL TO ORDER: Mayor Carpenter called the Regular Meeting to order at 1:02 p.m. PLEDGES OF ALLEGIANCE TO THE FLAGS OF THE UNITED STATES AND THE STATE OF TEXAS. Mayor Carpenter led the Pledges of Allegiance to the Flags of the United States and the State of Texas. Welcome/Overview: Director of Parks, Recreation and Community Services George Logan welcomed everyone and introduced the following who were in attendance: Mayor Michael Carpenter Mayor Pro-Tem Jim Fowler Councilmember David Scagliola Councilmember Cedric Edwards Staff: City Manager John C. Kessel Executive Director John Bierschwale Executive Director Brian James Chief of Staff Bob Cantu City Secretary Brenda Dennis Planner 1, Brice Cox Comal County Senior Citizens? Foundation Members: Executive Director, Robert Lopez Senior Ctr. Director, Donna Thompson Vice President of Operations, Ken Lowery 09-06-2013 Minutes Page- 1 - Mayor Carpenter, Mayor Pro-Tem Fowler, Councilmembers Scagliola and Edwards provided their opening comments. City Manager John Kessel, Executive Director of Development Brian James, and Director of Parks, Recreation and Community Services George Logan provided their opening comments. Discuss Activities and Programming of the Senior Center Executive Director of Development Brian James, Director of Parks, Recreation and Community Services George Logan discussed the following with the Seniors present participating providing their suggestions: Health and Wellness Programs (Outside speakers to come in and provide information on the following) Nutritional diet Affordable Health Care Benefits VA Benefits Pharmacist come in speak regarding medication use Senior Exercising Programs Swimming/Water aerobics program Indoor Recreation Programs Ping Pong (Mayor Carpenter asked staff to purchase table within 10 days) Bean Bag Toss Game Card Games Billiards Pottery Room Meal Program Kitchen facility: stove, dishwasher, etc. (ability to allow Seniors to prepare meals) Cook needed Better Value Meal Program (more control needed regarding menu, menu choice availability) Diabetic Meal needs Field Trips Theatre Zoo Museums Play & Dinner Tours to Historic Areas Special Events Galas Dances 09-06-2013 Minutes Page- 2 - Miscellaneous Possible sidewalk from Library to Senior Center Disabled door on Senior Center Facility Thrift store is closing, where can Seniors take their items Signage needs for upcoming Special Events Financial transparency needs ? provide Financial statements Monthly Schedule of Events Area to donate items ? ability for tax deductions Public transportation & Parking needs Transportation Service to bring Seniors to the Center More disabled parking spaces and more general parking area Executive Director of Comal County Senior Citizens? Foundation Robert Lopez spoke briefly about the relationship between the Foundation and the Schertz Senior Center. He addressed some questions about finances and the need to provide more information on the budget to the Seniors. Council directed City Staff to purchase and deliver a ping pong table and a bean bag toss to the Senior Center. Mayor Carpenter and Council provided their closing comments and remarks. Mayor Carpenter and Council agreed to have quarterly meetings with the Seniors in the future. Councilmember Edwards asked the Seniors for their help in organizing field trips and other activities. Mayor and Council thanked all those present. Adjournment Mayor Carpenter adjourned the meeting at 2:25 p.m. __________________________________ Mayor, Michael R. Carpenter ATTEST: _________________________ City Secretary, Brenda Dennis 09-06-2013 Minutes Page- 3 - MINUTES REGULAR MEETING September 10, 2013 A Regular Meeting was held by the Schertz City Council of the City of Schertz, Texas, on September 10, 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 Jim Fowler Councilmember David Scagliola Councilmember George Antuna Councilmember Cedric Edwards Councilmember Sydney Verinder Staff Present: City Manager John Kessel Executive Director David Harris Executive Director John Bierschwale Executive Director Brian James Chief of Staff Bob Cantu City Attorney Katherine Tapley City Secretary Brenda Dennis Deputy City Secretary Donna Schmoekel 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 Kyle Cox, First Baptist Church, Schertz, 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: Tuesday September 10, 2013 ? TABC License Course for Schertz Fest ? Fire Station Conference Room at 6:00 p.m. Thursday, September 12, 2013 ? Ware Seguin Town Hall Meeting ? City Council Chambers at 6:30 p.m. Thursday, September 12, 2013 ? Northeast Partnership Meeting ? Olympia Hills Golf Course and Conference Center at 11:30 a.m. Friday, September 13, 2013 ? Schertz Animal Shelter Fundraiser through Homes for Pets Shelter ? Blue Bonnet Palace, 1760 Lookout Road, Selma at 6:00 p.m. Tuesday, September 17, 2013 ? City Council and the Traffic Safety Advisory Commission will hold a joint meeting ? City Council Chambers at 6:00 p.m. Announcements and recognitions by City Manager (J. Kessel) 09-10-2013 Minutes Page- 1 - Mayor Carpenter recognized City Manager John Kessel who stated that he received a complimentary letter from a citizen regarding the professionalism and friendlessness of Raul Santoya, Mack Flores, and Aaron Dammann from the Public Works Department in assisting her with a plumbing repair problem. Mayor Carpenter indicated that there are a number of items this evening and he would like to first hear from the residents and then go to regular session items 5 and 6. 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. 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. Robert Brockman, 1000 Elbel, who thanked the Council and Staff for meeting with the Seniors on Friday. Mr. Grumpy Azzoz, 528 Wayward Pass, who addressed his concerns and questions regarding the approval of the agreement with the School District on the Natatorium project. City Manager John Kessel stated that he would be happy to sit down with Mr. Azzoz and go over the proposed agreement answering his questions. Discussion and Action Items Ordinance No. 13-B-38 5. ? Consideration and approval of an Ordinance by the City Council of the City of Schertz, Texas authorizing the issuance of ?City of Schertz, Texas Combination Tax and Limited Pledge Revenue Certificates of Obligation, Series 2013?; providing for the payment of said Certificates by the levy of an Ad Valorem Tax upon all taxable property within the City and further securing said Certificates by a lien on and pledge of the Pledged Revenues of the system; providing the terms and conditions of said Certificates and resolving other matters incident and relating to the issuance, payment, security, sale, and delivery of said Certificates, including the approval and distribution of an official statement pertaining thereto; authorizing the execution of a paying agent/registrar agreement and an official bid form; complying with the provisions of the depository trust company?s letter of representations; authorizing the execution of any necessary engagement agreements with the City?s Financial Advisors and/or Bond Counsel; and providing for an First and Final effective date. (J. Kessel/M. McLiney/A. Friedman) 09-10-2013 Minutes Page- 2 - The following was read into record: ORDINANCE 13-B-38 AN ORDINANCE AUTHORIZING THE ISSUANCE OF ?CITY OF SCHERTZ, TEXAS COMBINATION TAX AND LIMITED PLEDGE REVENUE CERTIFICATES OF OBLIGATION, SERIES 2013?; PROVIDING FOR THE PAYMENT OF SAID CERTIFICATES BY THE LEVY OF AN AD VALOREM TAX UPON ALL TAXABLE PROPERTY WITHIN THE CITY AND FURTHER SECURING SAID CERTIFICATES BY A LIEN ON AND PLEDGE OF THE PLEDGED REVENUES OF THE SYSTEM; PROVIDING THE TERMS AND CONDITIONS OF SAID CERTIFICATES AND RESOLVING OTHER MATTERS INCIDENT AND RELATING TO THE ISSUANCE, PAYMENT, SECURITY, SALE, AND DELIVERY OF SAID CERTIFICATES, INCLUDING THE APPROVAL AND DISTRIBUTION OF AN OFFICIAL STATEMENT PERTAINING THERETO; AUTHORIZING THE EXECUTION OF A PAYING AGENT/REGISTRAR AGREEMENT AND AN OFFICIAL BID FORM; COMPLYING WITH THE PROVISIONS OF THE DEPOSITORY TRUST COMPANY?S LETTER OF REPRESENTATIONS; AUTHORIZING THE EXECUTION OF ANY NECESSARY ENGAGEMENT AGREEMENTS WITH THE CITY?S FINANCIAL ADVISORS AND/OR BOND COUNSEL; AND PROVIDING FOR AN EFFECTIVE DATE Mayor Carpenter recognized Mr. Mark McLiney and Mr. Andrew Friedman, with Southwest Securities, and Mr. Jeff Kuhn, Bond Counsel with Norton Rose Fulbright who were here this evening. Mr. McLiney drew attention to Section 3 of the report regarding the bond rating report by Standards & Poor?s where the City had been upgraded to AA/Positive outlook. Mr. McLiney stated that on July 30, 2013 the City Council authorized a Notice of Intention Resolution to issue Certificates of Obligation to finance the costs of expanding the utility system (particularly the sewer system) in South Schertz and for the purchase of a Public Works Building, for an amount not to exceed $5M. The Notice stated that we would sell the Obligations on September 10, 2013. FISCAL IMPACT: The $3,000,000 for the Utility System Expansion will be on a 20 year schedule and will be paid by Utility System Net Revenues (no taxes will be used) and the $2,000,000 Public Works Building will be paid on a 10 year or less schedule with payments of approximately $270,000 per year. Since a prior $270,000 commitment is being extinguished, there is no new money being earmarked for this facility. Mr. McLiney stated that prospective bidders provided interest rate bids today by noon, and that First Southwest came as the low bidder with a bid of 3.13% fixed income rate. Southwest Securities is selling $4,965,000 netting the City $5,000,000 and recommends Council approval. Mayor Carpenter recognized Councilmember Edwards, who moved, seconded by Mayor Pro-Tem Fowler to approve Ordinance No. 13-B-38 first and final reading and that the City Council adopt an ordinance authorizing the issuance of the City of Schertz, Texas The Combination Tax and Limited Pledge Revenue Certificates of Obligation, Series 2013. vote was unanimous with Mayor Pro-Tem Fowler, Councilmembers Scagliola, Antuna, 09-10-2013 Minutes Page- 3 - Edwards, and Verinder voting yes and no one voting no. Motion Carried Ordinance No. 13-B-39 - 6.Consideration and approval of an Ordinance by the City Council of the City of Schertz, Texas authorizing the issuance of ?City of Schertz, Texas General Obligation Refunding Bonds, Series 2013?, levying an Annual Ad Valorem Tax, within the limitations prescribed by law, for the payment of the bonds; prescribing the form, terms, conditions, and resolving other matters incident and related to the issuance, sale, and delivery of the bonds including the approval and distribution of a purchase and investment letter pertaining thereto; authorizing the execution of a paying agent/registrar agreement and an escrow and trust agreement; complying with the letter of representations on file with the Depository Trust Company; authorizing the execution of any necessary engagement agreements with the City?s Financial Advisors and/or Bond Counsel; and providing an First and Final effective date. (J. Kessel/M. McLiney/A. Friedman) The following was read into record: ORDINANCE NO. 13-B-39 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING THE ISSUANCE OF ?CITY OF SCHERTZ, TEXAS GENERAL OBLIGATION REFUNDING BONDS, SERIES 2013?, LEVYING AN ANNUAL AD VALOREM TAX, WITHIN THE LIMITATIONS PRESCRIBED BY LAW, FOR THE PAYMENT OF THE BONDS; PRESCRIBING THE FORM, TERMS, CONDITIONS, AND RESOLVING OTHER MATTERS INCIDENT AND RELATED TO THE ISSUANCE, SALE, AND DELIVERY OF THE BONDS INCLUDING THE APPROVAL AND DISTRIBUTION OF A PURCHASE AND INVESTMENT LETTER PERTAINING THERETO; AUTHORIZING THE EXECUTION OF A PAYING AGENT/REGISTRAR AGREEMENT AND AN ESCROW AND TRUST AGREEMENT; COMPLYING WITH THE LETTER OF REPRESENTATIONS ON FILE WITH THE DEPOSITORY TRUST COMPANY; AUTHORIZING THE EXECUTION OF ANY NECESSARY ENGAGEMENT AGREEMENTS WITH THE CITY?S FINANCIAL ADVISORS AND/OR BOND COUNSEL; AND PROVIDING AN EFFECTIVE DATE Mayor Carpenter recognized Mr. Mark McLiney of Southwest Securities who introduced this item stating that on July 30, 2013 the City?s financial advisor was authorized to proceed with a sale of $5,000,000 Certificates of Obligation to be sold on September 10th. At that meeting they also discussed the possibility of Refunding the City?s currently outstanding Series 2005 CO?s with interest rates ranging from 4.00%-4.35% to be sold a the same time as long as it will save the City money without extending the length of the outstanding debt. FISCAL IMPACT: After taking into account all costs of issuance associated with the Refunding, the City will save approximately $155,000 over the life of the bonds. City Staff and the financial advisor received interest rate bids today and BBVA Compass was the low bidder at rate of 2.60% and recommends approval. 09-10-2013 Minutes Page- 4 - Mayor Carpenter recognized Councilmember Edwards, who moved, seconded by Councilmember Scagliola to approve Ordinance No. 13-B-39 first and final reading and that the City Council adopt an Ordinance authorizing the issuance of City of Schertz, Texas The vote was unanimous with Mayor General Obligation Refunding Bonds, Series 2013. Pro-Tem Fowler, Councilmembers Scagliola, Antuna, Edwards, and Verinder voting yes and no one voting no. Motion Carried Mayor Carpenter moved to the presentation portion of the agenda. Presentations Presentation, discussion and possible action regarding adopting and approving a City Coat of Arms (B. James/D. Weirtz) Resolution No. 13-R-69 ? Consideration and/or action approving a Resolution adopting a City of Schertz Coat of Arms (B. James/B. James) The following was read into record: RESOLUTION NO. 13-R-69 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING AN OFFICIAL COAT OF ARMS, AND OTHER MATTERS IN CONNECTION THEREWITH Mayor Carpenter recognized Executive Director of Development Services, Brian James who introduced this item stating the Schertz Historical Preservation Commission worked to develop a draft Coat of Arms that was presented previously to the City. Staff subsequently conducted a web survey to gauge public opinion with regard to the Coat of Arms. The results were presented to City Council on June 11, 2013. The results indicated that a majority of the approximately 100 respondents like the Coat of Arms and did not feel any elements needed to be added or eliminated. The most comment suggestion for changes seemed to be that it was ?too busy? and that items should be eliminated, but there was not an overwhelming consensus as to what to eliminate. As such staff and the Commission feel the Coat of Arms should be adopted as proposed and utilized for ceremonial purposes as the City?s Coat of Arms. Staff recommends approval of this Resolution adopting the Coat of Arms. Mr. James and Chair of the Historical Preservation Committee Dean Weirtz addressed Council questions. Mayor and Council thanked Mr. Weirtz and the Committee for their work on the project. Mayor Carpenter recognized Councilmember Scagliola, who moved, seconded by Councilmember Edwards, to approve Resolution No. 13-R-69. The vote was unanimous with Mayor Pro-Tem Fowler, Councilmembers Scagliola, Antuna, Edwards, and Verinder voting yes and no one voting no. Motion Carried. Mayor Carpenter stated that items 2 & 3 have been requested to be pulled from the consent agenda and considered separately. 09-10-2013 Minutes Page- 5 - 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 September 3, 2013. (J. Kessel/B. Dennis) Resolution No. 13-R-70 4. ? Consideration and/or action approving a Resolution authorizing an agreement with Ovid Bell Press, Inc. for printing and mailing services, and other matters in connection therewith. (D. Harris/L. Klepper) The following was read into record: RESOLUTION NO. 13-R-70 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING AN AGREEMENT WITH THE OVID BELL PRESS, INC. FOR PRINTING AND MAILING SERVICES, AND OTHER MATTERS IN CONNECTION THEREWITH Mayor Carpenter recognized Councilmember Scagliola, who moved, seconded by The vote was Councilmember Edwards, to approve the Consent Agenda Items 1 and 4. unanimous with Mayor Pro-Tem Fowler, Councilmembers Scagliola, Antuna, Edwards, and Verinder voting yes and no one voting no. Motion Carried. Discussion and Action Items Ordinance No. 13-S-36 - ZC2011-014 2. ? Consideration and/or action an Ordinance upon a request to rezone approximately 194.56± acres of land from Predevelopment (PRE) 186.98 acres and General Business (GB) 7.58 acres to Planned Development District (PDD). The property is more specifically described as a portion of the John Noyes Survey Number 259, Abstract Number 253, City of Schertz; Guadalupe County, Texas generally located 2,800 Final Reading feet south of the intersection of the IH 35 frontage Road and Eckhardt Road. (B. James/M. Sanchez) The following was read into record: ORDINANCE NO. 13-S-36 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 194.56± ACRES OF LAND FROM PREDEVELOPMENT (PRE) 186.98 ACRES AND GENERAL BUSINESS (GB) 7.58 ACRES TO PLANNED DEVELOPMENT DISTRICT (PDD). THE PROPERTY IS MORE SPECIFICALLY DESCRIBED AS A PORTION OF THE JOHN NOYES SURVEY NUMBER 259, ABSTRACT NUMBER 253, CITY OF SCHERTZ; 09-10-2013 Minutes Page- 6 - GUADALUPE COUNTY, TEXAS GENERALLY LOCATED 2,800 FEET SOUTH OF THE INTERSECTION OF THE IH 35 FRONTAGE ROAD AND ECKHARDT ROAD.; AND OTHER MATTERS IN CONNECTION THEREWITH AND PROVIDING AN EFFECTIVE DATE. Mayor Carpenter recognized Senior Planner Lesa Wood who introduced this item stating that action requested of Council is to approve a rezone request of approximately 195 acres of land generally located 2,800 feet south of the intersection of the IH 35 frontage Road and Eckhardt Road. Currently, the property is zoned Predevelopment (PRE) and General Business (GB). The subject property is currently undeveloped and proposed as the Parklands Subdivision. The proposed density is consistent with the Comprehensive Land Plan designation use of Single Family Residential which provides for traditional neighborhood development. The proposed zoning allows for three (3) different minimum lot sizes; 6,000 square feet, 7,200 square feet, and 8,400 square feet as shown on the master general development plan. The master general development plan also provides for a potential Comal ISD school site and a public park. The proposed PDD also provides some specific development standards. Staff recommends approval of Ordinance No. 13-S-36 final reading regarding the zoning request based on the compliance with the Comprehensive Land Use Plan. Executive Director of Development Brian James and Senior Planner Lesa Wood addressed Mayor Pro-Tem Fowler?s question regarding the differences between residences having a sprinkler system where there is a 5 foot setback versus no sprinkler system with residences that have a 10 foot setback.City Attorney Katherine Tapley asked for the discussion to clarify that the type of sprinkler system at issue was in fact a structure sprinkler system, not a lawn sprinkler system. Executive Director of Development Brian James explained the City typically has had the 10 foot setbacks in the past, but with the developer offering a mixed size assortment of lots, the homes with the 5 foot setbacks could satisfy the fire departments concerns by requiring those residences to each have a sprinkler system. Councilmember Antuna asked about the benefit of a firewall, but this would be more problematic because of people wanting windows and then the fire and smoke could escape outside and toward the roof. Right now all the houses have the option of having sprinkler systems, but it is not mandatory. Councilmember Scagliola stated that while he liked the linear curve of the streets and green space design of the project, he still thinks the number of homes (505) is too tight, there is no amenity center close by, and no meeting facility for the HOA. He has concerns regarding the power lines in the greenbelt area of the planned park-golf space area, street flow issues, minimum frontage, minimum pervious coverage requirements, and the school site. He asked how many homes would be built if the site did not become a school. The answer was forty two 70 x 120 foot lots.He again expressed his concern in allowing density to grow. The reason we did away with R5, R6, & R7?s was to reduce density; therefore, allowing one half of all the homes in a subdivision to be on the smallest minimum allowed lots is not achieving this goal. Councilmember Edwards reminded everyone that schools can and are used as community meeting facilities and his only concern is the disc golf area located by the utility power lines. He feels this is a viable plan to go forward with. Councilmember Scagliola stated we are making quite a few assumptions that may or may not come to pass. He expressed concern about where our general business (GB) sector was. Mr. James stated that probably most of the GB would be concentrated along the IH 35 area & Eckhardt Road areas rather than 09-10-2013 Minutes Page- 7 - spread out along Eckhardt Road. Councilmember Scagliola was concerned about doing away with GB in this manner and that this situation may set precedence for others in the future. City Attorney Katherine Tapley clarified for Council that although this plan does set an example, it does not create a future requirement that would need to be followed on the next property plan presented. Each individual property should be looked at on a case by case basis. Executive Director of Development Brian James reminded everyone that in typical straight gridded linear neighborhoods, vehicular speed is always an issue; we also have never before had a developer who communicated with the school district to discuss a reserved area for a future school. This development also offers the hike & bike trail & buffer zone. These things do come with a tradeoff with the developer. Councilmember Antuna stated that Comal County is preparing to present a $250 million bond package to their voters. Does the Developer know that? Mr. David Rittenhouse, Denton Communities, Manager for the Project and who represents the landowner, stated they did meet with the school district multiple times and the district is looking for something on IH-35, but to satisfy the PDD the developer was required to offer the site to have something as a backup. Councilmember Verinder asked if the Council voted this down, what can the Developer do. r Executive Director of Development Brian James said the Developer generally comes in after that with simply straight zoning. As long as it meets minimum requirements it has to be approved. Councilmember Verinder thinks the product before us now is good and offers a good variety. Mayor Carpenter stated this is not about frontage; it is about lot size and the number of lots. There is a minimum of 25% space in this development. If a school is not built and the HOA does buy the reserved school site, the open space would increase to 32%. It is the overall view of density that is critical to consider. He further stated we should give credit to the Planning and Zoning Commission who voted to send this plan forward and believes it is the right decision for the City. He himself prefers the 10 foot setbacks but is intrigued with the 5 foot setbacks with sprinkler systems as another option for buyers. The buyer will ultimately make that decision though. He encouraged Council to accept this proposal. Mayor Carpenter recognized Mayor Pro-Tem Fowler who asked if they could postpone this item to allow the developer to address their concerns. Mayor Carpenter recognized Mayor Pro-Tem Fowler, who moved, seconded by The vote was 2-3, with Mayor Councilmember Scagliola, to postpone this item for one week. Pro-Tem Fowler, Councilmember Scagliola voting yes, and Councilmember Antuna, Edwards, and Verinder no one voting no. Motion Failed. Mayor Carpenter recognized Councilmember Edwards, who moved, seconded by The vote was 3-2 Councilmember Verinder, to approve Ordinance No. 13-S-36 final reading. with Councilmembers Antuna, Edwards, and Verinder voting yes, and Mayor Pro-Tem Fowler and Councilmember Scagliola, voting no. Motion Carried Ordinance No. 13-S-37 ? ZC2013-001 3. ? Consideration and/or action approving an Ordinance upon a request to rezone approximately 137.51± acres of land from Predevelopment (PRE) 4.34 acres, Residential Agriculture (RA) 9.89 acres and Planned Development District (PDD) 09-10-2013 Minutes Page- 8 - 123.28 acres to Planned Development District (PDD). The property is more specifically described as a portion of the Miles S. Bennett Survey No. 75, Abstract No. 61, County block 5059, and the William Bracken Survey No. 74, Abstract 43, County Block 5056; Bexar County, Texas generally located 2,500 feet east of the intersection of FM 1518 and Lower Final Reading Seguin Road. (B. James/M. Sanchez) The following was read into record: ORDINANCE NO. 13-S-37 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 137.51± ACRES OF LAND FROM PREDEVELOPMENT (PRE) 4.34± ACRES, RESIDENTIAL AGRICULTURE (RA) 9.89± ACRES AND PLANNED DEVELOPMENT DISTRICT (PDD) 123.28± ACRES TO PLANNED DEVELOPMENT DISTRICT (PDD). THE PROPERTY IS MORE SPECIFICALLY DESCRIBED AS A PORTION OF THE MILES S. BENNETT SURVEY NO. 75, ABSTRACT NO. 61, COUNTY BLOCK 5059, AND THE WILLIAM BRACKEN SURVEY NO. 74, ABSTRACT 43, COUNTY BLOCK 5056; BEXAR COUNTY, TEXAS GENERALLY LOCATED EAST OF THE INTERSECTION OF FM 1518 AND LOWER SEGUIN ROAD; AND OTHER MATTERS IN CONNECTION THEREWITH AND PROVIDING AN EFFECTIVE DATE. Mayor Carpenter recognized Senior Planner Lesa Wood who introduced this item stating that Staff recommends approval and is available for questions. Councilmember Scagliola stated the density is better than the first presentation of this plan, he liked the curved linear streets, but he is worried about the cul-de-sacs, and the 45 foot lots. Councilmember Edwards requested staff go over the particular vested rights of the property prior to annexation. Senior Planner Lisa Wood stated that prior to annexation we couldn?t govern any lot sizes. City Attorney Katherine Tapley clarified that the prior owner filed a master plan with the City that established 547 lots (4.48 lots per acre) with 12.64 acres of open space. The lot sizes were 45 feet. The filing of this master plan allows for the property to develop under this design. Mayor Carpenter recognized Mayor Pro-Tem Fowler, who moved, seconded by The vote was 4- Councilmember Edwards, to approve Ordinance No. 13-S-37 Final Reading. 1 with Councilmembers Antuna, Edwards, and Verinder voting yes, Mayor Pro-Tem Fowler voting yes, and Councilmember Scagliola, voting no. Motion Carried Ordinance No. 13-D-40 7. ? Consideration and/or action approving an Ordinance by the City Council of the City of Schertz, Texas providing that the Code of Ordinances of the City of Schertz, Texas be amended by revising Section 86-118, maximum limits in school zones for Aero Avenue from Schertz Parkway to 215 feet East of Schertz Parkway, for Mitchell Avenue from Schertz Parkway to 215 feet East of Schertz Parkway, Elbel Road from Schertz Parkway to 150 feet East of the drainage ditch , for Westchester from Elbel Road to 776 feet South of Elbel Road, for Schertz Parkway from 700 feet South of Elbel Road to 150 feet North of Buffalo Drive, and for Schertz Parkway from Aero Street to 150 feet North of 09-10-2013 Minutes Page- 9 - Buffalo Drive and providing an effective date; and declaring an emergency. First and Final Reading (B. James/L. Busch) The following was read into record: ORDINANCE NO. 13-D-40 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS PROVIDING THAT THE CODE OF ORDINANCES OF THE CITY OF SCHERTZ, TEXAS BE AMENDED BY REVISING SECTION 86-118, MAXIMUM LIMITS IN SCHOOL ZONES FOR AERO AVENUE FROM SCHERTZ PARKWAY TO 215 FEET EAST OF SCHERTZ PARKWAY, FOR MITCHELL AVENUE FROM SCHERTZ PARKWAY TO 215 FEET EAST OF SCHERTZ PARKWAY, ELBEL ROAD FROM SCHERTZ PARKWAY TO 150 FEET EAST OF THE DRAINAGE DITCH , FOR WESTCHESTER FROM ELBEL ROAD TO 776 FEET SOUTH OF ELBEL ROAD, FOR SCHERTZ PARKWAY FROM 700 FEET SOUTH OF ELBEL ROAD TO 150 FEET NORTH OF BUFFALO DRIVE, AND FOR SCHERTZ PARKWAY FROM AERO STREET TO 150 FEET NORTH OF BUFFALO DRIVE AND PROVIDING AN EFFECTIVE DATE; AND DECLARING AN EMERGENCY Mayor Carpenter recognized Executive Director of Development Brian James and Engineer- in-Training Larry Busch who introduced this item stating in discussions with SCUCISD, some concerns were raised about the times the school speed zones are active on Aero Avenue, Elbel Road, Mitchell Avenue, Schertz Parkway and Westchester Drive due to additions to the Samuel Clemens High School lunch periods. Currently, these school zones are active from 7 a.m. to 9 a.m., 11:30 a.m. to 1:30 p.m., and 2:30 p.m. to 4:30 p.m. The revised lunch schedule is divided into four separate periods ranging from 10:35 a.m. to 2:10 p.m. To accommodate the revised lunch schedule and the early and late arrivals of students during open campus lunch, these school speed zones need to be active Monday through Friday, 7 a.m. to 4:30 p.m. Staff recommends approval to amend Section 86-118, Maximum limits in school zones, of the Code of Ordinances to add a note referencing the different school zone time and modifying the associated table to designate the school zones for: Aero Avenue from Schertz Parkway to 215 feet east of Schertz Parkway, (while this has been posted as a school zone it was not listed in the chart) for Mitchell from Schertz Parkway to 215 feet east of Schertz Parkway, (while this has been posted as a school zone it was not listed in the chart) for Elbel Road from Schertz Parkway to 150 feet east of the drainage ditch, for Westchester from Elbel Road to 776 feet south of Elbel Road, for Schertz Parkway from 700 feet south of Elbel Road to 150 feet north of Buffalo Drive, and to eliminate specific reference to a school zone for Schertz Parkway from Aero Street to 150 feet north of Buffalo Drive as it is duplicative of a portion of the above school zone to note the school zone applies between of 7:00 a.m. to 4:30 p.m. 09-10-2013 Minutes Page- 10 - The new school year has already begun and the new revised lunch schedule is in place. The Traffic Safety Advisory Commission unanimously approved this change at the September 5, 2013 meeting. Fiscal Impact: $200.00 for the new speed limit signs paid out of FY 2012-13 adopted budget, account number 101-359-551600, Street Maintenance. Staff recommends approval of First and Final Reading of Ordinance 13-D-40 and declaring an emergency. Staff addressed questions from Council. Mayor Carpenter recognized Councilmember Edwards, who moved, seconded by Mayor Pro- Tem Fowler, to approve Ordinance No. 13-D-40, first and final and declaring an emergency. The vote was unanimous with Mayor Pro-Tem Fowler, Councilmembers Scagliola, Antuna, Edwards, and Verinder voting yes and no one voting no. Motion Carried. Ordinance No. 13-D-41 8. ? Consideration and/or action approving an Ordinance amending Chapter 86 of the Code of Ordinances by the City of Schertz, as amended, by adding Section 86-63, Prohibiting the use of Engine Brakes on any streets or highways within the City, providing a penalty of fine not to exceed the sum of Five Hundred Dollars ($500.00) for each offense; repealing all Ordinances or parts of Ordinances in conflict with this Ordinance; and First Reading providing an effective date. (J. Bierschwale/M. Hansen) The following was read into record: ORDINANCE NO. 13-D-41 AN ORDINANCE AMENDING CHAPTER 86 OF THE CODE OF ORDINANCES OF THE CITY OF SCHERTZ, AS AMENDED, BY ADDING SECTION 86-63, PROHIBITING THE USE OF ENGINE BRAKES ON ANY STREETS OR HIGHWAYS WITHIN THE CITY, PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF FIVE HUNDRED DOLLARS ($500.00) FOR EACH OFFENSE; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT WITH THIS ORDINANCE; AND PROVIDING AN EFFECTIVE DATE Mayor Carpenter recognized Police Chief Michael Hansen who introduced this item stating that the use of engine brakes creates a disturbing, unreasonable and offensive noise when it occurs in or adjacent to residential areas. This ordinance would prohibit the use of engine brakes through appropriate signage and enforcement activities when needed. The ordinance would allow for the use of engine brakes upon the interstate or anywhere in an emergency situation. Staff recommends that Council approve Ordinance 13-D-41 to prohibit the use of engine brakes upon the highways and streets within the city limits, except upon the interstate or in an emergency. Staff recommends approval. Mayor Carpenter recognized Councilmember Scagliola, who moved, seconded by The vote was Councilmember Antuna, to approve Ordinance No. 13-D-41, first reading. unanimous with Mayor Pro-Tem Fowler, Councilmembers Scagliola, Antuna, Edwards, and Verinder voting yes and no one voting no. Motion Carried. Resolution No. 13-R-66 9. ? Consideration and/or action approving a Resolution authorizing a Definitive Interlocal Agreement with Schertz-Cibolo-Universal City Independent School 09-10-2013 Minutes Page- 11 - District (SCUCISD) regarding a $1,650,000.00 contribution by SCUCISD to the City for the Natatorium project in exchange for a fifteen year rent free lease (for a specified amount of usage) of the facility to SCUCISD, provided that the City and SCUCISD are able to reach final agreement on (1) the specific terms of the lease including the number of hours and usage allowed and (2) the specific improvements that the City will make to the Natatorium facility in order for the facility to be suitable for use by SCUCISD?s Swim Teams, and other matters in connection therewith. (B. James/K. Tapley) RESOLUTION NO. 13-R-66 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING A DEFINITIVE INTERLOCAL AGREEMENT WITH SCHERTZ- CIBOLO-UNIVERSAL CITY INDEPENDENT SCHOOL DISTRICT REGARDING A $1,650,000.00 CONTRIBUTION BY SCUCISD TO THE CITY FOR THE NATATORIUM PROJECT IN EXCHANGE FOR A FIFTEEN YEAR RENT FREE LEASE (FOR A SPECIFIED AMOUNT OF USAGE) OF THE FACILITY TO SCUCISD, PROVIDED THAT THE CITY AND SCUCISD ARE ABLE TO REACH FINAL AGREEMENT ON (1) THE SPECIFIC TERMS OF THE LEASE INCLUDING THE NUMBER OF HOURS AND USAGE ALLOWED AND (2) THE SPECIFIC IMPROVEMENTS THAT THE CITY WILL MAKE TO THE NATATORIUM FACILITY IN ORDER FOR THE FACILITY TO BE SUITABLE FOR USE BY SCUCISD?S SWIM TEAMS, AND OTHER MATTERS IN CONNECTION THEREWITH Mayor Carpenter recognized Executive Director of Development Brian James who introduced this item stating this item was brought to the Council a few weeks ago. Mr. James stated that the citizens of Schertz approved a bond measure to build a competition quality pool for the City. In November 2010, residents of Schertz approved general obligation bonds in the amount of $6,625,000. Part of the $6,625,000 went to moving and building a new Playscape, part of the remaining amount is being used for design work for the architect, for various soil and control testings, and finish out items. Part of the $6,625,000 will be set aside for contingencies. Actual construction dollars left is about $5.5M to build some type of competition quality type pool. Frankly, that maybe a fairly basic competition quality pool without some of the additional items for or accoutrement or amenities that one might hope for with that. One group has said that they would be interested in using the pool was the School District. Right now the students currently go to Judson ISD to practice and pay a very nominal fee because Judson has to operate it anyway. The idea is that now the SCUCISD students could use a facility now in Schertz and so began the discussions. In an attempt to maximize the benefit to our residents, discussions began with SCUCISD about partnering on the facility. Given that SCUCISD does not currently have a pool facility, the Schertz Natatorium could be used by their high school swim teams. Prior to incurring additional costs associated with design, staff is seeking Council approval of a resolution authorizing the City to enter into an Interlocal Agreement with SCUCISD. The resolution indicates SCUCISD would contribute $1,650,000 to the project in order for the facility to be suitable for SCUCISD use. SCUCISD in exchange would be given a fifteen year rent free lease. City Staff will continue to work with SCUCISD to finalize specific terms of the lease and identify the specific improvements to be made to the facility. The definitive 09-10-2013 Minutes Page- 12 - agreement must be brought back to City Council for approval once these terms have been finalized. FISCAL IMPACT: with approval of this Resolution, the City can anticipate an additional $1,650,000 for the natatorium project, provided specific terms can be agreed upon. The City would be obligated per those terms to provide improvements to the facility so as to ensure the facility is suitable for use by the SCUCISD and provide the SCUCISD with 15 years use of the facility rent free. As the project proceeds and construction and operating costs are refined, staff may recommend reserving a portion of these funds to cover operating and maintenance costs during that term. Recommend approval. Mayor Carpenter recognized Councilmember Scagliola who stated he recently attended a meeting with the School District, had all his questions answered and that we need to have a basic agreement to get to a starting point. Councilmember Edwards stated the school district really wants to help the City and that the pool should offer something that can be used by all residents. Mayor Carpenter agreed that we all shared the same goals and concerns and should move forward. Mayor Carpenter recognized Councilmember Scagliola, who moved, seconded by The vote was unanimous Councilmember Edwards, to approve Resolution No. 13-R-66. with Mayor Pro-Tem Fowler, Councilmembers Scagliola, Antuna, Edwards, and Verinder voting yes and no one voting no. Motion Carried. Mayor Carpenter recognized Owner?s Representative Phil Gaudreau who was in the audience this evening and wished him a happy birthday. Roll Call Vote Confirmation Mayor Carpenter recognized Deputy City Secretary Donna Schmoekel who recapped the votes for the presentation and agenda items 1 through 9. Requests and Announcements 10. Announcements by City Manager Citizen Kudos Recognition of City employee actions New Departmental initiatives No further announcements provided. 11. Requests by Mayor and Councilmembers that items be placed on a future City Council agenda. No items requested. 12. Requests by Mayor and Councilmembers to City Manager and Staff for information. 09-10-2013 Minutes Page- 13 - Mayor Carpenter requested Council and Staff possibly consider forming another board or committee for the Senior Citizens. He requested Council and staff bring back their ideas and recommendations within the next couple of weeks for discussion. Mayor Carpenter recognized Councilmember Scagliola who requested staff look at the traffic light on Schertz Parkway and Savannah Drive, indicating the timing is off. Mayor Carpenter recognized Councilmember Edwards also requested staff look at the traffic light on FM 3009 and Live Oak. Executive Director John Bierschwale stated that he would get in contact with TxDOT to fix the timing problem. Mayor Carpenter recognized Councilmember Edwards who stated he would like to expand on the Business Appreciation Dinner by inviting the business leaders to come and speak to Council before the Council meetings. Mayor Carpenter concurred. 13. 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 Mayor Pro-Tem Fowler who met with Councilmember Edwards and Henry Gutierrez and his staff to discuss a non-exclusive versus exclusive franchise agreements. An exclusive contract involves several different types of franchises and if there needs to be a change of one of the franchises it pretty much nullifies the contract and you have to renegotiate it. Bexar Waste indicated it is not a benefit to them to have that type of contract nor does it benefit the City and that they will stay with the nonexclusive contract, which will be of benefit to both partners. Monday, September 9, 2013, Federal Housing Director Meeting. He noted that the Housing Authority has closed their waiting list for Section 8 housing because they now have 50 names on the list and it wouldn?t be productive to keep adding names. Mayor Carpenter recognized Councilmember Scagliola who attended the following events: Thursday, September 5, 2013, SCUC ISD meeting Friday, September 6, Senior Center Council Meeting Mayor Carpenter recognized Councilmember Antuna who wanted to let everyone know about the MPO having a meeting on September 23, 2013 from 6-8 p.m. at Woodlake Hills Middle School, at 6625 Woodlake Parkway near FM 78. Mayor Carpenter recognized Councilmember Edwards who attended the Senior Center Meeting, Friday September 6, 2013. He wanted to thank the Mayor for getting the seniors a ping pong table at 4:00 p.m. that day. 09-10-2013 Minutes Page- 14 - Mayor Carpenter recognized Councilmember Verinder who thanked the Mayor and, Councilmembers Scagliola, and Edwards for meeting with the School District Trustee about the Natatorium. He said we should do this more often. He was not able to attend the Senior Center Council meeting but will get a briefing from the City Manger next week. Mayor Carpenter stated he attended the meeting at the Senior Center on Friday, September 6, 2013 and is excited that Council is willing to consider doing this on a quarterly basis. He also likes Councilmember Edwards idea of Council meeting with resident business leaders on occasion and possibly dedicating a portion of time before the regular council meetings or meet with them on a quarterly basis such as what is being considered with the Senior Center. 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 Attorney. Section 551.087 Texas Government Code ? Deliberation regarding Economic Development Negotiations. Reconvene into Regular Session Mayor Carpenter reconvened into regular session at 9:50 p.m. 14. Take any actiondeemed necessary as a result of the Executive Session. Mayor Carpenter recognized Councilmember Antuna who moved, seconded by Mayor Pro- The vote was unanimous with Tem Fowler to proceed with the RFQ for Legal Services. Mayor Pro-Tem Fowler, Councilmembers Scagliola, Antuna, Edwards, and Verinder voting yes and no one voting no. Motion Carried. Adjournment 09-10-2013 Minutes Page- 15 - As there was no further business, the meeting was adjourned at 9:56 p.m. __________________________________ Mayor, Michael R. Carpenter ATTEST: _________________________ City Secretary, Brenda Dennis 09-10-2013 Minutes Page- 16 - Agenda No. 2 CITY COUNCIL MEMORANDUM City Council Meeting: September 17, 2013 Department: Police Subject:Ordinance No. 13-D-41 ? Prohibiting the use of Engine Brakes (Final Reading) BACKGROUND Goal To establish a prohibition on the use of engine brakes along the streets and highways adjacent to the residential areas of the city except on the interstate highway or in emergency situations. Community Benefit The use of engine brakes creates a disturbing, unreasonable and offensive noise when it occurs in or adjacent to residential areas. This ordinance would prohibit the use of engine brakes through appropriate signage and enforcement activities when needed. The ordinance would allow for the use of engine brakes upon the interstate or anywhere in an emergency situation. City Council approved this on first reading at their meeting of September 10, 2013. Summary of Recommended Action Staff recommends that Council approve Ordinance 13-D-41 to prohibit the use of engine brakes upon the highways and streets within the city limits, except upon the interstate or in an emergency. FISCAL IMPACT The fiscal impact would be in the creation and placement of signs notifying motorists of the passage of this section. It is believed that less than a dozen signs should provide appropriate notice. At approximately $157 per sign, 10 signs would be under $1600. RECOMMENDATION The recommendation is to approve Ordinance 13-D-41 on final reading. ATTACHMENT(S) Ordinance 13-D-41 ORDINANCE NO. 13-D-41 AN ORDINANCE AMENDING CHAPTER 86 OF THE CODE OF ORDINANCES OF THE CITY OF SCHERTZ, AS AMENDED, BY ADDING SECTION 86-63, PROHIBITING THE USE OF ENGINE BRAKES ON ANY STREETS OR HIGHWAYS WITHIN THE CITY, PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF FIVE HUNDRED DOLLARS ($500.00) FOR EACH OFFENSE; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT WITH THIS ORDINANCE; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City Council of the City of Schertz (?City Council?) seeks to protect the public safety, preserve the quality of life, and prevent nuisances in the City of Schertz (?City?); and WHEREAS, the City Council finds that the practice of engine breaking by diesel trucks creates disturbing, unreasonable, and offensive noise when it occurs within the City limits; and WHEREAS, pursuant to Chapter 51 of the Texas Local Government Code, the City Council has the general authority to adopt and publish an ordinance or police regulation that is for the good government, peace or order of the municipality and is necessary or proper for the carrying out of a power granted by law to the municipality; and WHEREAS, it is advisable to amend Chapter 86 of the Schertz Code of Ordinances to add new regulations regarding engine breaking; and WHEREAS, the City Council finds this Ordinance to be reasonable and necessary. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS: Section 1. That Chapter 86 of the Schertz Code of Ordinances is hereby amended herein by adding Section 86-63 ?Engine Braking Prohibited? to Article II, to read as follows: Sec. 86-63 - Engine Braking . (a)Use of Engine Brakes Prohibited. No person may use an engine braking system while operating a motor vehicle within the corporate limits of the City of Schertz, except on an interstate highway, or in an emergency situation. (b)Engine Braking System Defined. For the purpose of this section, the term ?engine braking system? shall mean an engine-exhaust braking system device which converts diesel-engine power into an air compressor and when engaged, operates to slow the vehicle and creates an excessive, loud, unusual, explosive, or otherwise unreasonable noise. (c)Emergency Situation Defined. For purpose of this section, the term ?emergency situation? shall mean a situation in which there is imminent danger of collision with property, persons, or animals. (d)Authorized Emergency Vehicles Exempt. Authorized emergency vehicles, as defined by Section 541.201 of the Texas Transportation Code, shall be exempt from this section. (e)Notice. Notice of this section shall be posted at such necessary and appropriate locations, as determined by the City, by an appropriate sign notifying motorists of the passage of this section. (b)Offense. It shall be unlawful and an offense for any person to violate or fail to comply with any provisions hereof. Any person violating any provision of this ordinance shall, upon conviction, be fined a sum not exceeding five hundred dollars ($500.00). Each day that a provision of this ordinance is violated shall constitute a separate offense. An offense under this ordinance is a misdemeanor. 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 Ordinance for all purposes and are adopted as a part of the judgment and findings of the Council. Section 3. 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 4. This Ordinance 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 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. Section 6. 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 7. This Ordinance shall be effective upon the date of final adoption hereof and any publication required by law. - 2 - 50664394.3 th PASSED ON FIRST READING, the 10 day of September, 2013. PASSED, APPROVED and ADOPTED ON SECOND READING, the 17th day of September, 2013. CITY OF SCHERTZ, TEXAS Michael R. Carpenter, Mayor ATTEST: Brenda Dennis, City Secretary (CITY SEAL) - 3 - 50664394.3 Agenda No. 3 CITY COUNCIL MEMORANDUM City Council Meeting: September 17, 2013 Department: Public Affairs Subject:Resolution No. 13-R-80 - Graphic Design Services Agreement BACKGROUND As part of the FY 2013-14 budget preparations, staff conducted a review of Schertz Magazine operations including design and printing. Last week, Council approved a new agreement for printing. Public Affairs staff reviewed five design firms, their experience producing monthly publications, advertising design, general graphic design, design style, time in business, proximity to the City, and price. Staff also considered the firm?s familiarity with the community as well as past project performance for the City. Submitted bids for the Magazine ranged from $4,400 to $8,500 per month. Souzamaphone Marketing, LLC, has an established relationship with the City, is familiar with our operations and expectations, is experienced with monthly publications, advertising design, and graphic design and provides these services at a fair price. Additionally, Schertz Magazine has won international, national, and state awards for the City under her leadership. Staff recommends the City continue its relationship with Souzamaphone Marketing, LLC. Alexis Souza, d/b/a Souzamaphone Marketing, LLC, has been providing Graphic Design Services to the Public Affairs Department and other City Departments since 2008. The firm?s primary services are to design the City?s 48-page Schertz Magazine. The firm also provides other graphic design services for Public Affairs and other City Departments to ensure a continuity of design across multiple platforms. If approved, this annual agreement (October 1, 2013 through September 30, 2014) with four one year automatic renewals with Souzamaphone Marketing, LLC, for design services for the City will include the following: Design of monthly Schertz Magazine at $160.63 per page ($7,710 per month or $92,523 annually for 48 pages) with an additional page cost of $150 per page, Other graphic design services at a rate of $95 per hour, and A 45-day opt-out period for either party. The City Attorney determined in May 2010 that the graphic design services falls within the definition of personal services exception under Local Government Code, Chapter 252, and is exempt from the competitive bidding requirements. Goal To provide for the design of Schertz Magazine and other work at a fair price and quality design. Community Benefit Schertz residents and businesses will continue to receive their monthly Schertz Magazine. Summary Recommended action is to authorize an agreement with Souzamaphone Marketing, LLC, for Schertz Magazine and other design services for FY 2013-14 with additional four one-year options at an estimated annual cost of $92,523 with a not to exceed amount of $105,000 for the magazine or $126,500 for all funds and departments. While staff is not planning on adding pages beyond the regular 48 pages, the budget allows for additional pages when needed for special editions or special events. Likewise, funds are allocated in other departments for their design needs. FISCAL IMPACT ÚÇîðïðïïÚÇîðïïïîÚÇîðïîïíÚÇîðïíïì ß½¬«¿´ß½¬«¿´Û¬·³¿¬»Þ«¼¹»¬ Ó¿¹¿¦·²»ïðíôçðêïïðôïïëçèôîëðïðëôððð Ñ¬¸»®Ü»°¿®¬³»²¬ø»¬ò÷îíôïïêïìôéìîéôèîìïðôððð ÌÑÌßÔïîéôðîîïîìôèëéïðêôðéìïïëôððð Ò±¬¬±Û¨½»»¼ïîêôëðð Graphic design services are funded across many funds and departments including the General Fund, EMS, EDC, and Capital Improvement Projects Funds. However approximately 91 percent of these costs are contained in the Public Affairs Department?s Schertz Tales budget. RECOMMENDATION Staff recommends approval. ATTACHMENT(S) Resolution No. 13-R-80 Agreement-Souzamaphone Marketing, LLC. RESOLUTION NO. 13-R-80 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING AN ADVERTISING AND GRAPHIC DESIGN SERVICES AGREEMENT WITH SOUZAMAPHONE MARKETING, LLC, AND OTHER MATTERS IN CONNECTION THEREWITH WHEREAS, the City staff of the City of Schertz (the ?City?) has determined that the City requires an advertising and graphic design services agreement relating to the graphic design of the Schertz Magazine; and WHEREAS, City staff has determined that Souzamaphone Marketing, LLC is uniquely qualified to provide such services for the City; and WHEREAS, pursuant to Section 252.022(a)(16) of the Texas Local Government Code, the City is not required to seek bids or proposals with respect to a procurement for advertising (other than legal notices); and WHEREAS, the City Council has determined that it is in the best interest of the City to contract with Souzamaphone Marketing, LLC pursuant to the Contract Between City of Schertz, Texas and Souzamaphone Marketing, LLC attached hereto as Exhibit 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 Souzamaphone Marketing, LLC 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. PASSED AND ADOPTED, this 17th day of September, 2013. CITY OF SCHERTZ, TEXAS Mayor ATTEST: City Secretary (CITY SEAL) 50597838.1 EXHIBIT A CONTRACT BETWEEN CITY OF SCHERTZ, TEXAS AND SOUZAMAPHONE MARKETING, LLC A-1 50597838.1 èÔÓÉÙÍÎÈÊÛÙÈÈÔ×wûÕÊ××Ï×ÎÈvÓÉ×ÎÈ×Ê×ØÓÎÈÍÚ×ÈÅ××ÎÈÔ×ùÓÈÃÍÖéÙÔ×ÊÈÂè×ÄÛÉwùÓÈÃvÛÎØ éÍÇÂÛÏÛÌÔÍÎ×ïÛÊÑ×ÈÓÎÕððùwéÍÇÂÛÏÛÌÔÍÎ×vÈÍÚ××ÖÖ×ÙÈÓÆ×ÛÉÍÖÈÔ×ØÛÈ×ÍÎÅÔÓÙÔÈÔ×ÐÛÉÈìÛÊÈÃ ÉÓÕÎÉÈÔÓÉûÕÊ××Ï×ÎÈw÷ÖÖ×ÙÈÓÆ×øÛÈ×vèÔ×ùÓÈÃÛÎØéÍÇÂÛÏÛÌÔÍÎ×ÛÊ×ÙÍÐÐ×ÙÈÓÆ×ÐÃÊ×Ö×ÊÊ×ØÈÍÔ×Ê×ÓÎÛÉÈÔ×wìÛÊÈÓ×ÉvÛÎØÛÊ× ×ÛÙÔÛwìÛÊÈÃv éùô÷êèâïûõûâóî÷é÷êæóù÷éíèô÷êé÷êæóù÷é ûÎÃÕÊÛÌÔÓÙØ×ÉÓÕÎ ÛÊÈØÓÊ×ÙÈÓÍÎ ÙÍÎÉÇÐÈÛÈÓÍÎ ÏÛÊÑ×ÈÓÎÕ èÔÓÉûÕÊ××Ï×ÎÈÓÉÖÍÊÈÔ×ÖÍÐÐÍÅÓÎÕÉ×ÊÆÓÙ×É É×ÊÆÓÙ×ÉÊ×ËÇ×ÉÈ×ØÚ×ÃÍÎØÈÔ×ÌÛÊÛÏ×È×ÊÉÍÖÈÔÓÉÙÍÎÈÊÛÙÈÛÎØ ÇÎÊ×ÐÛÈ×ØÈÍÅÓÐÐÊ×ËÇÓÊ×ÛÉ×ÌÛÊÛÈ×ÛÎØÛÅÊÓÈÈ×Î éÙÔ×ÊÈÂïÛÕÛÂÓÎ× ïÍÎÈÔÐÃÌÇÚÐÓÙÛÈÓÍÎÍÖÛÏÓÎÓÏÇÏÈÅ×ÎÈÃ×ÓÕÔÈ ËÇÍÈ×ÛÌÌÊÍÆ×ØÚÃÈÔ×ùÓÈÃÖÍÊÊ×ËÇ×ÉÈ×ØÉ×ÊÆÓÙ×ÉõÊÛÌÔÓÙØ×ÉÓÕÎ ÌÛÕ×ÖÇÐÐÙÍÐÍÊÏÛÕÛÂÓÎ×wv éÙÔ×ÊÈÂïÛÕÛÂÓÎ× É×ÊÆÓÙ×ÉÅÓÐÐÚ×ÚÓÐÐ×ØÛÈ Ì×ÊÔÍÇÊêÇÉÔÕÊÛÌÔÓÙØ×ÉÓÕÎ éÍÇÂÛÏÛÌÔÍÎ×ÉÔÛÐÐÚ×Ê×ÉÌÍÎÉÓÚÐ×ÖÍÊ×ÛÙÔÏÍÎÈÔÐÃ É×ÊÆÓÙ×ÉÊ×ËÇÓÊÓÎÕ ÔÍÇÊÈÇÊÎÛÊÍÇÎØÅÓÐÐÚ×ÚÓÐÐ×ØÛÈ Ì×Ê ÌÇÚÐÓÙÛÈÓÍÎÍÖÙÊ×ÛÈÓÍÎÍÖÛÙÇÉÈÍÏÙÍÆ×Ê éÙÔ×ÊÈÂïÛÕÛÂÓÎ× ÔÍÇÊùÍÎÉÇÐÈÛÈÓÍÎ ÏÛÊÑ×ÈÓÎÕÉ×ÊÆÓÙ×ÉÅÓÐÐÚ×ÚÓÐÐ×ØÛÈ Ì×Ê ÐÛÃÍÇÈÍÖûØÆ×ÊÈÓÉÓÎÕø×ÉÓÕÎÌÊÍÍÖÓÎÕÛÎØ éÙÔ×ÊÈÂïÛÕÛÂÓÎ× ÔÍÇÊ ÛÎÃÓÎÈ×ÊÖÛÙ×ÅÓÈÔÈÔ×ÌÊÓÎÈ×ÊÍÖéÙÔ×ÊÈÂïÛÕÛÂÓÎ× ûÐÐÖÓÐ×É ÍÊÓÕÓÎÛÐÉÛÊ×ÈÔ×ÌÊÍÌ×ÊÈÃÍÖÈÔ×ùÓÈÃÛÎØÅÓÐÐÚ× wûØÆ×ÊÈÓÉÓÎÕø×ÉÓÕÎvÉÔÛÐÐÓÎÙÐÇØ×ÈÔ×ÐÛÃÍÇÈÍÖÛØÆ×Ê ÌÊÍÆÓØ×ØÚÃÔÛÊØØÊÓÆ× ÖÈÌÇÌÍÎÊ×ËÇ×ÉÈÛÎØÛÖÈ×ÊÊ×Ù×ÓÌÈÍÖÌÛÃÏ×ÎÈ ÈÓÉ×Ï×ÎÈÉÌÊÍÆÓØ×ØÚÃÈÔ×ùÓÈÃûØÆ×ÊÈÓÉ×Ï×ÎÈÉÛÊ×ÈÍÚ×ÌÊÍÆÓØ×Ø ÖÍÊÈÔ×ÙÍÊÊ×ÉÌÍÎØÓÎÕÖÓÐ×ÉèÔ×ùÓÈÃÊ×ÈÛÓÎÉÍÅÎ×ÊÉÔÓÌÍÖÛÐÐÛÊÈÇÎÐ×ÉÉ ÈÍéÍÇÂÛÏÛÌÔÍÎ×ÖÍÊØ×ÉÓÕÎÛÏÓÎÓÏÇÏÍÖÖÓÆ×ÚÇÉÓÎ×ÉÉØÛÃÉ ÍÈÔ×ÊÅÓÉ×ÛÕÊ××ØÚÃùÓÈÃÓÎÅÊÓÈÓÎÕôÛÊØØÊÓÆ×ÉÖÍÊÉÈÍÊÛÕ×ÍÖÛÐÐ Ú×ÖÍÊ×ÖÓÎÛÐÌÊÍÍÖØ×ÛØÐÓÎ×éÍÇÂÛÏÛÌÔÍÎ×ÓÉÎÍÈÊ×ÉÌÍÎÉÓÚÐ×ÖÍÊ ØÓÕÓÈÛÐÌÊÍÌ×ÊÈÃÅÓÐÐÚ×ÌÊÍÆÓØ×ØÚÃÈÔ×ùÓÈÃ ÛÎÃÉÛÐ×ÉÍÊÓÎÈ×ÊÖÛÙ×ÅÓÈÔÛØÆ×ÊÈÓÉ×ÊÉ ïóéù÷ððûî÷íçéìêíæóéóíîé ÉÔÛÐÐÚ×Ø×ÉÓÕÎ×ØÏÍÎÈÔÐÃÛÈÛÊÛÈ×ÍÖ éÙÔ×ÊÈÂïÛÕÛÂÓÎ× Ì×ÊÌÛÕ×ÇÌÈÍ ÌÛÕ×ÉûØØÓÈÓÍÎÛÐÌÛÕ×ÉÊ×ËÇ×ÉÈ×ØÚÃ è×ÊÏÓÎÛÈÓÍÎèÔ×ìÛÊÈÓ×ÉÊ×É×ÊÆ×ÈÔ×ÊÓÕÔÈÈÍÈ×ÊÏÓÎÛÈ×ÈÔÓÉ ÈÔ×ùÓÈÃÓÎ×ÄÙ×ÉÉÍÖÈÔ×ÖÓÖÈÃÈÅÍ ÌÛÕ×ÐÓÏÓÈÉÔÛÐÐÚ×ÓÎÆÍÓÙ×Ø ûÕÊ××Ï×ÎÈÖÍÊÛÎÃÊ×ÛÉÍÎÚÃÌÊÍÆÓØÓÎÕÖÍÊÈÃÖÓÆ×ØÛÃÉÅÊÓÈÈ×Î ÈÍÈÔ×ùÓÈÃÛÈÈÔ×ÊÛÈ×ÍÖ Ì×ÊÌÛÕ×ûÐÐÖ××ÉÛÎØ×ÄÌ×ÎÉ×É ÎÍÈÓÙ×ÈÍÈÔ×ÍÈÔ×ÊìÛÊÈÃÍÖÓÈÉÓÎÈ×ÎÈÈÍÈ×ÊÏÓÎÛÈ×ÈÔ×ûÕÊ××Ï×ÎÈèÔÓÉ ÇÎØ×ÊÈÔÓÉûÕÊ××Ï×ÎÈÉÔÛÐÐÚ×ÌÛÓØÖÊÍÏÙÇÊÊ×ÎÈÐÃÚÇØÕ×È×Ø ûÕÊ××Ï×ÎÈÏÛÃÚ×ÛÏ×ÎØ×ØÍÎÐÃÚÃÅÊÓÈÈ×ÎÛÕÊ××Ï×ÎÈØÇÐÃ Ê×Æ×ÎÇ× ÛÌÌÊÍÆ×ØÛÎØ×Ä×ÙÇÈ×ØÚÃÚÍÈÔìÛÊÈÓ×É éÙÔ×ØÇÐ×èÔ×ùÓÈÃÉÔÛÐÐÉ×ÈÈÔ×Ø×ÛØÐÓÎ×ÖÍÊÏÍÎÈÔÐÃ ÉÇÚÏÓÉÉÓÍÎÍÖÈÍÈÔ×ÌÊÓÎÈ×ÊÈÔ×wìÊ×ÉÉ éÙÔ×ÊÈÂïÛÕÛÂÓÎ× è×ÊÏèÔÓÉûÕÊ××Ï×ÎÈÉÔÛÐÐÚ××ÖÖ×ÙÈÓÆ×ÖÊÍÏíÙÈÍÚ×Ê ø×ÛØÐÓÎ×vÛÎØÉÔÛÐÐÌÊÍÆÓØ×ÛÐÐÏÛÈ×ÊÓÛÐÉÎ×Ù×ÉÉÛÊÃÖÍÊ ÈÔÊÍÇÕÔé×ÌÈ×ÏÚ×Ê ÅÓÐÐÚ×Ê×Î×Å×ØÛÇÈÍÏÛÈÓÙÛÐÐÃÇÌÈÍ ÌÊ×ÌÛÊÛÈÓÍÎÚÃéÍÇÂÛÏÛÌÔÍÎ×ÍÖÈÔ×ÖÓÎÛÐÐÛÃÍÇÈÍÖ×ÛÙÔÏÍÎÈÔÐÃ ÖÍÇÊÈÓÏ×ÉÅÓÈÔ×ÛÙÔÊ×Î×ÅÛÐÈ×ÊÏÚ×ÓÎÕÖÊÍÏíÙÈÍÚ×ÊÈÔÊÍÇÕÔ ÓÉÉÇ×ÍÖÈÔ×wöÓÎÛÐìÊÍÍÖvÛÏÓÎÓÏÇÏÍÖÈ×Î éÙÔ×ÊÈÂïÛÕÛÂÓÎ× é×ÌÈ×ÏÚ×Ê ÛwöÓÉÙÛÐã×ÛÊv ÚÇÉÓÎ×ÉÉØÛÃÉÚ×ÖÍÊ×ÈÔ×ìÊ×ÉÉø×ÛØÐÓÎ×É××÷ÄÔÓÚÓÈû éÍÇÂÛÏÛÌÔÍÎ×ÉÔÛÐÐÌÊÍÆÓØ×ÈÔ×öÓÎÛÐìÊÍÍÖÈÍÈÔ×ùÓÈÃÖÍÊÓÈÉ îÍÈÈÍ÷ÄÙ××ØèÔ×ÏÛÕÛÂÓÎ×Ø×ÉÓÕÎÙÍÉÈÉÉÔÛÐÐÎÍÈ×ÄÙ××Ø ÛÌÌÊÍÆÛÐÛÏÓÎÓÏÇÏÍÖÈÔÊ×× ÚÇÉÓÎ×ÉÉØÛÃÉÚ×ÖÍÊ×ÈÔ×ìÊ×ÉÉ ÖÍÊ×ÛÙÔöÓÉÙÛÐã×ÛÊÍÊ ÖÍÊÛÐÐÖÇÎØÉÛÎØ ø×ÛØÐÓÎ×ûÎÃÊ×ÆÓÉÓÍÎÉÙÔÛÎÕ×ÉÍÊÏÍØÓÖÓÙÛÈÓÍÎÉÈÍÈÔ×öÓÎÛÐ Ø×ÌÛÊÈÏ×ÎÈÉ ìÊÍÍÖÚÃÈÔ×ùÓÈÃÏÇÉÈÚ×ÉÇÚÏÓÈÈ×ØÈÍéÍÇÂÛÏÛÌÔÍÎ×Û ÏÓÎÓÏÇÏÍÖÈÅ×ÎÈÃÖÍÇÊ ÔÍÇÊÉÚ×ÖÍÊ×ÈÔ×ìÊ×ÉÉø×ÛØÐÓÎ× é×Æ×ÊÛÚÓÐÓÈÃóÖÛÎÃÌÊÍÆÓÉÓÍÎÍÖÈÔÓÉûÕÊ××Ï×ÎÈÉÔÛÐÐÚ×Ø××Ï×ØÆÍÓØ wöÓÎÛÐìÊÍÍÖûÌÌÊÍÆÛÐvéÍÇÂÛÏÛÌÔÍÎ×ÓÉÎÍÈÊ×ÉÌÍÎÉÓÚÐ×ÖÍÊ ÍÊÓÎÆÛÐÓØÉÇÙÔÌÊÍÆÓÉÓÍÎÉÔÛÐÐÚ×É×Æ×Ê×ØÖÊÍÏÈÔ×Ê×ÏÛÓÎØ×ÊÍÖÈÔÓÉ Ø×ÐÓÆ×ÊÃØ×ÛØÐÓÎ×ÉÏÓÉÉ×ØØÇ×ÈÍÙÔÛÎÕ×ÉÏÛØ×ÚÃÈÔ×ùÓÈÃÐ×ÉÉ ûÕÊ××Ï×ÎÈÅÔÓÙÔÉÔÛÐÐÊ×ÏÛÓÎÓÎÖÍÊÙ×ÛÎØ×ÖÖ×ÙÈÈÍÈÔ××ÄÈ×ÎÈÈÔÛÈÓÈ ÈÔÛÎÈÅ×ÎÈÃÖÍÇÊ ÔÍÇÊÉÚ×ÖÍÊ×ÈÔ×ìÊ×ÉÉø×ÛØÐÓÎ×ÍÊØ×ÐÛÃÉ ØÍ×ÉÎÍÈØ×ÉÈÊÍÃÈÔ×Ú×Î×ÖÓÈÍÖÈÔ×ÚÛÊÕÛÓÎ ÙÛÇÉ×ØÚÃÈÔ×ÌÊÓÎÈ×ÊÛÖÈ×ÊÉÇÚÏÓÉÉÓÍÎÈÍÈÔ×ÌÊÓÎÈ×ÊÚÃÈÔ×ìÊ×ÉÉ ø×ÛØÐÓÎ× õÍÆ×ÊÎÓÎÕðÛÅæ×ÎÇ×ûÐÐìÛÊÈÓ×ÉÛÕÊ××ÈÔÛÈÈÔÓÉûÕÊ××Ï×ÎÈÉÔÛÐÐÚ× éÍÇÂÛÏÛÌÔÍÎ×ÓÉÎÍÈÊ×ÉÌÍÎÉÓÚÐ×ÖÍÊÍÏÓÉÉÓÍÎÉÍÊ ÙÍÎÉÈÊÇ×ØÇÎØ×ÊÈÔ×ÐÛÅÉÍÖÈÔ×éÈÛÈ×ÍÖè×ÄÛÉÛÎØÍÚÐÓÕÛÈÓÍÎÉÇÎØ×Ê ×ÊÊÍÊÉØÓÉÙÍÆ×Ê×ØÛÖÈ×ÊÈÔ×öÓÎÛÐìÊÍÍÖûÌÌÊÍÆÛÐÚÃ×ØÓÈÍÊ ÈÔ×ûÕÊ××Ï×ÎÈÉÔÛÐÐÚ×Ì×ÊÖÍÊÏ×ØÓÎõÇÛØÛÐÇÌ×ùÍÇÎÈÃè×ÄÛÉóÎ ùÍÊÊ×ÙÈÓÍÎÍÖÛÎÃÍÏÓÉÉÓÍÎÉÍÊ×ÊÊÍÊÉÛÖÈ×ÊÈÔ×öÓÎÛÐìÊÍÍÖ ÈÔ××Æ×ÎÈÈÔÛÈÛÎÃÐ×ÕÛÐÌÊÍÙ××ØÓÎÕÓÉÚÊÍÇÕÔÈÈÍ×ÎÖÍÊÙ×ÈÔÓÉ ûÌÌÊÍÆÛÐÊ×ÉÇÐÈÓÎÕÓÎÚ×ÓÎÕÌÇÐÐ×ØÍÖÖÈÔ×ÌÊ×ÉÉ éÙÔ×ÊÈÂïÛÕÛÂÓÎ× ûÕÊ××Ï×ÎÈÍÊÛÎÃÌÊÍÆÓÉÓÍÎÔ×Ê×ÍÖÈÔ×ÉÛÏ×ÉÔÛÐÐÚ×ÚÊÍÇÕÔÈÓÎÈÔ× ÅÓÐÐÚ×ÓÎÆÍÓÙ×ØÈÍÈÔ×ùÓÈÃÛÈ Ì×ÊÔÍÇÊ éÈÛÈ×øÓÉÈÊÓÙÈùÍÇÊÈÍÖõÇÛØÛÐÇÌ×ùÍÇÎÈÃè×ÄÛÉèÔ×ìÛÊÈÓ×ÉÛÕÊ××ÈÍ ÉÇÚÏÓÈÈÍÈÔ×ÒÇÊÓÉØÓÙÈÓÍÎÍÖÉÛÓØÙÍÇÊÈ èÔÓÉÛÕÊ××Ï×ÎÈÉÇÌ×ÊÉ×Ø×ÉÛÎÃÌÊ×ÆÓÍÇÉÛÕÊ××Ï×ÎÈÉèÔ×ìÛÊÈÓ×ÉÔ×Ê×ÈÍÔÛÆ××Ä×ÙÇÈ×ØÈÔÓÉÛÕÊ××Ï×ÎÈÛÉÍÖÈÔ×ØÛÈ×ÉÉ×ÈÖÍÊÈÔÚ×ÐÍÅ ÛÉÍÖÈÔ×÷ÖÖ×ÙÈÓÆ×øÛÈ× ÝÝÝÝÝÝÝÝÝÝÝÝÝÝÝÝÝÝÝÝÝÝÝÝÝÝÝÝÝÝÝÝÝÝÝÝÝÝÝÝÝÝÝÝÝÝÝÝÝÝÝÝÝÝÝÝÝÝÝÝÝÝÝÝÝÝÝÝÝÝÝÝÝÝÝÝÝÝÝÝÝÝÝÝÝÝÝÝÝÝÝÝÝÝ ûÐ×ÄÓÉéÍÇÂÛïÛÎÛÕÓÎÕï×ÏÚ×ÊòÍÔÎùñ×ÉÉ×ÐùÓÈÃïÛÎÛÕ×Ê éÍÇÂÛÏÛÌÔÍÎ×ïÛÊÑ×ÈÓÎÕððùùÓÈÃÍÖéÙÔ×ÊÈÂ øÛÈ×ÝÝÝ ÝÝÝÝÝÝÝÝÝÝÝÝÝÝÝÝÝÝÝÝÝÝÝÝÝÝÝÝÝÝÝøÛÈ×ÝÝÝÝÝÝÝÝÝÝÝÝÝÝÝÝÝÝÝÝÝÝÝÝÝÝÝÝÝÝÝÝÝÝÝÝÝÝÝÝÝ Agenda No. 4 CITY COUNCIL MEMORANDUM City Council Meeting: September 17, 2013 Department: City Manager Subject: Resolution 13-R-71 ? Approving the SSLGC Fiscal Year 2013-14 Annual Budget and all other matters in connection therewith. (SSLGC Resolution #SSLGC R13-09) BACKGROUND A proposed annual budget for the period commencing October 1, 2013 and ending September 30, 2014 has been prepared by the Schertz-Seguin Local Government Corporation (SSLGC) General Manager and City of Seguin Director of Finance. It is the desire of SSLGC to have this budget for FY 2013-14 approved by the City of Schertz City Council. Goal To approve the SSLGC FY 2013-14 Annual Budget. Community Benefit The City of Schertz is a member of the Schertz-Seguin Local Government Corporation. It is through the SSLGC that the City provides water to it citizens. Approval of the budget will ensure that the citizens of Schertz will continue to receive this vital service. Summary of Recommended Action Staff recommends approval of the Resolution approving the SSLGC FY 2013-14 Annual Budget. FISCAL IMPACT No fiscal impact. This budget is based on SSLGC revenue. RECOMMENDATION Staff recommends approval. ATTACHMENT Resolution 13-R-71 FY 2013-2014 Budget & Resolution # SSLGC R13-09 RESOLUTION NO. 13-R-71 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS APPROVING THE SCHERTZ-SEGUIN LOCAL GOVERNMENT CORPORATION FISCAL YEAR 2013-14 ANNUAL BUDGET, AND OTHER MATTERS IN CONNECTION THEREWITH WHEREAS, the City staff of the City of Schertz (the ?City?) has recommended that the City approve the Schertz-Seguin Local Government Corporation Fiscal Year 2013-14 Annual Budget ; and WHEREAS, the City Council has determined that it is in the best interest of the City to approve the budget to ensure that the citizens and businesses of Schertz continue to receive excellent and vital water service. 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 Schertz-Seguin Local Government Corporation Fiscal Year 2013-14 Annual Budget. 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. th day of September, 2013. PASSED AND ADOPTED, this 17 CITY OF SCHERTZ, TEXAS Michael R. Carpenter, Mayor ATTEST: Brenda Dennis, City Secretary (CITY SEAL) - 2 - 50506221.1 Agenda No. 5 CITY COUNCIL MEMORANDUM City Council Meeting: September 17, 2013 Department: City Manager Subject:Resolution 13-R-72 approving the SSLGC Fiscal Year 2013-2014 Water Rates and other matters in connection therewith. SSLGC Resolution ( #SSLGC R13-10) BACKGROUND Proposed water rates for the period commencing October 1, 2013 and ending September 30, 2014 have been prepared by the Schertz-Seguin Local Government Corporation (SSLGC). It is the desire of SSLGC to have these water rates for FY 2013-2014 approved by the City of Schertz City Council. Goal To approve the SSLGC FY 2013-14 water rates. Community Benefit The City of Schertz is a member of the Schertz-Seguin Local Government Corporation. It is through the SSLGC that the City provides water to it citizens and businesses. Approval of the water rates will ensure that the citizens and businesses of Schertz will continue to receive this vital service. Summary of Recommended Action Staff recommends approval of the Resolution approving the SSLGC FY 2013-14 water rates. FISCAL IMPACT No Fiscal Impact, as the Rates did not change. RECOMMENDATION Staff recommends approval. ATTACHMENT Resolution 13-R-72 FY 2013-2014 Water Rates & Resolution # SSLGC R13-10 RESOLUTION NO. 13-R-72 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXASAPPROVING THE SCHERTZ-SEGUIN LOCAL GOVERNMENT CORPORATION FISCAL YEAR 2013-14 WATER RATES, AND OTHER MATTERS IN CONNECTION THEREWITH WHEREAS, the City staff of the City of Schertz (the ?City?) has recommended that the City approve the Schertz-Seguin Local Government Corporation Fiscal Year 2013-14 Water Rates; and WHEREAS, the City Council has determined that it is in the best interest of the City to approve the rates to ensure that the citizens and businesses of Schertz continue to receive excellent and vital water service. 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 Schertz-Seguin Local Corporation Fiscal Year 2013-14 Water Rates. 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 17th day of September, 2013. CITY OF SCHERTZ, TEXAS Michael R. Carpenter, Mayor ATTEST: Brenda Dennis, City Secretary (CITY SEAL) - 2 - 50506221.1 Agenda No. 6 CITY COUNCIL MEMORANDUM City Council Meeting: September 17, 2013 Department: Administration Subject:Resolution No. 13-R-73 - Renewal of Management Services Agreement with SSLGC BACKGROUND The Schertz-Seguin Local Government Corporation (SSLGC) Management Services Agreement with the City of Schertz will be expiring September 30, 2013. It is the desire of SSLGC to renew this agreement for FY 2013-2014. There have been no changes to this agreement. Goal To extend the Management Services Agreement with SSLGC. Community Benefit To continue our partnership with SSLGC and provide the best quality water to our citizens and businesses. Summary of Recommended Action Staff recommends Council approve the resolution authorizing the renewal of the Management Services Agreement with the City of Schertz and SSLGC. This agreement will be effective October 1, 2013 and continue through September 30, 2014. FISCAL IMPACT No fiscal impact RECOMMENDATION Staff recommends Council approve Resolution ATTACHMENTS Resolution No. 13-R-73 Management Services Agreement Resolution # SSLGC R13-12 RESOLUTION NO. 13-R-73 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING AN AGREEMENT FOR MANAGEMENT SERVICES BETWEEN THE CITY OF SCHERTZ AND THE SCHERTZ-SEGUIN LOCAL GOVERNMENT CORPORATION WITH SCHERTZ-SEGUIN LOCAL GOVERNMENT CORPORATION, AND OTHER MATTERS IN CONNECTION THEREWITH WHEREAS, the City staff of the City of Schertz (the ?City?) and the Schertz-Seguin Local Government (?SSLGC?) have determined that the SSLGC requires management services relating to managing the daily operations of the SSLGC; and WHEREAS, City staff has determined that the City is qualified to provide such services for the SSLGC; and WHEREAS, the City Council has determined that it is in the best interest of the City to contract with SSLGC pursuant to the Agreement for Management Services Between the City of Schertz and the Schertz-Seguin Local Government Corporation attached hereto as Exhibit 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 SSLGC 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. th 17September, 2013 PASSED AND ADOPTED, this day of . CITY OF SCHERTZ, TEXAS Michael R. Carpenter, Mayor ATTEST: Brenda Dennis, City Secretary (CITY SEAL) 50677064.1 EXHIBIT A AGREEMENT FOR MANAGEMENT SERVICES BETWEEN THE CITY OF SCHERTZ AND THE SCHERTZ-SEGUIN LOCAL GOVERNMENT CORPORATION A-1 50677064.1 Agenda No. 7 CITY COUNCIL MEMORANDUM City Council Meeting: September 17, 2013 Department: City Manager Subject: Resolution No.13-R-74- Second Amendment to Clear Wireless LLC?s Tower Lease Agreement BACKGROUND On June 16, 2009, City Council approved a telecommunications antenna lease (?Tower Lease Agreement?) with Clear Wireless LLC (?Clear Wireless?) at the City?s water tank site at 1057 Live Oak Road. On July 6, 2010, the Tower Lease Agreement was amended to modify the equipment permitted on the water tank and to adjust the rent. Clear Wireless has asked that the Tower Lease Agreement be further amended to allow Clear Wireless to further modify its equipment on the City?s water tank site and to adjust the rent. City staff recommends the amendment. FISCAL IMPACT Clear Wireless LLC?s rent payments to the City will increase effective September 23, 2013 by Three Thousand Eight Hundred Sixty Dollars and 11/100 ($3,860.11) annualized from the rate for the term starting on September 23, 2013 that was set forth in the First Amendment. RECOMMENDATION Approve Resolution No. 13-R-74. ATTACHMENT(S) Resolution No. 13-R-74, with Second Amendment to Tower Lease Agreement attached as Exhibit A. 50601875.2 Exhibit A SECOND AMENDMENT TO TOWER LEASE AGREEMENT [See Attached] 50601875.2 RESOLUTION NO. 13-R-74 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING A SECOND AMENDMENT TO TOWER LEASE AGREEMENT WITH CLEAR WIRELESS LLC, AND OTHER MATTERS IN CONNECTION THEREWITH WHEREAS, on June 16, 2009, the City of Schertz (the ?City?) entered into a Tower Lease Agreement (the ?Lease Agreement?) with Clear Wireless LLC, a Nevada limited liability company (?Clear Wireless?), relating to telecommunications antennas located on the City?s water tank at 1057 Live Oak Road (the ?Water Tank?); WHEREAS, on July 6, 2010, the Lease Agreement was amended (the ?First Amendment?) to modify the equipment permitted on the Water Tank and to modify the rent schedule; WHEREAS, Clear Wireless desires to modify and replace its equipment on the Water Tank, which requires that the Lease Agreement be amended by the City and Clear Wireless; WHEREAS, the City Council (the ?City Council?) of the City has determined that it is in the best interest of the City to enter into a Second Amendment to Tower Lease Agreement (the ?Amendment?) with Clear Wireless; now, therefore, 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 attached Amendment with Clear Wireless in the form attached as Exhibit A. The City Manager may agree to changes to the Amendment which the City Manager, upon the advice of the City Attorney, determines are insubstantial changes in the nature of clarifying additions or corrections of clerical errors. 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. 50601921.1 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 17th day of September, 2013. CITY OF SCHERTZ, TEXAS Mayor Michael R. Carpenter ATTEST: Brenda Dennis, City Secretary (CITY SEAL) 50601921.1 EXHIBIT A SECOND AMENDMENT TO TOWER LEASE AGREEMENT [See Attached] A-1 50601921.1 Lessee Site: TX-SAN187 Lessor Site: Live Oak WT 2 SECOND AMENDMENT TO TOWER LEASE AGREEMENT ?Second THIS SECOND AMENDMENT TO TOWER LEASE AGREEMENT (the Amendment? CS,T ) is made and entered into by and between(the ITY OF CHERTZEXAS ?LESSOR? Clear Wireless LLC ?LESSEE? ) and, a Nevada limited liability company (the) ?Parties? (collectively referred to as the ). RECITALS WHEREAS, LESSOR is the owner of certain real property located at 1057 Live Oak Rd. in the City of Schertz, Guadalupe County, Texas, on which there is located a water tower facility ?Tower? (the) owned by LESSOR; and WHEREAS, LESSOR and LESSEE entered into a Tower Lease Agreement dated June 16, 2009 for the use of a certain portion of the Tower by LESSEE as amended by that certain ?First Amendment? First Amendment (the ) to Tower Lease Agreement dated July 6, 2010 (as ?Agreement? amended, the ); and WHEREAS, LESSEE desires to modify and replace its equipment on the Tower ?Modified Equipment? (hereinafter referred to as the ; and WHEREAS, as a consequence, LESSEE?s rent payments will increase effective September 23, 2013 by Three Thousand Eight Hundred Sixty Dollars and 11/100 ($3,860.11) annualized from the rate for the term starting on September 23, 2013 that was set forth in the First Amendment; and WHEREAS, LESSOR and LESSEE in their mutual interest wish to amend the Agreement as set forth below. NOW THEREFORE, in consideration of the foregoing promises and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties hereto agree as follows: AGREEMENT 1.Amendment to Section 2(a). The rent schedule contained in Section 2(a) of the Agreement is hereby deleted and replaced with the following: Initial Term Annual Base Rent ? 3% annual increases September 23, 2013 $ 36,763.21 2.Amendment to Section 4. Section 4 of the Agreement is hereby deleted in its entirety and replaced with the following: 50676807.2 ?The annual rental for the extended terms shall be as follows and shall increase rd annually on each September 23 according to the following rent schedule: st 1 Extended Term Annual Base Rent - 4% annual increases September 23, 2014 $ 38,233.74 September 23, 2015 $ 39,763.09 September 23, 2016 $ 41,353.62 September 23, 2017 $ 43,007.76 September 23, 2018 $ 44,728.07 nd 2 Extended Term Annual Base Rent - 5% annual increases September 23, 2019 $ 46,964.47 September 23, 2020 $ 49,312.70 September 23, 2021 $ 51,778.33 September 23, 2022 $ 54,367.25 September 23, 2023 $ 57,085.61 rd 3 Extended Term Annual Base Rent - 5% annual increases September 23, 2024 $ 59,939.89 September 23, 2025 $ 62,936.89 September 23, 2026 $ 66,083.73 September 23, 2027 $ 69,387.92 September 23, 2028 $ 72,857.31 The annual rental for the extended terms shall be payable in the same manner as the annual rental for the Initial Term provided for in the Agreement.? 3.Amendment to Exhibit C. Exhibit ?C? to the First Amendment of the Agreement is hereby deleted in its entirety and shall be replaced with the revised Exhibit ?C? attached hereto and incorporated herein by this reference. 4.Entire Agreement The original Tower Lease Agreement, as amended by the First . Amendment and this Second Amendment, sets forth the entire understanding of the Parties and supersedes all prior agreements and understandings, whether written or oral, with respect to the subject matter hereof. 5.Binding Effect This Second Amendment will extend to and be binding upon and . inure the benefit of the Parties and their respective successors and permitted assigns. 50676807.2 2 6.Effect of Second Amendment. The Parties agree, that except as modified hereby, the Agreement remains valid, binding, and in full force and effect. If there is a conflict or inconsistency between this Second Amendment and the Agreement, this Second Amendment will control and modify the Agreement. [Signatures appear on the following page] 50676807.2 3 IN WITNESS WHEREOF, the Parties hereto have caused this First Amendment to be duly executed, upon lawful approval and authority, in multiple counterparts, each of which shall constitute an original, effective as of the last date executed below. LESSOR: CITY OF SCHERTZ, TEXAS By: John C. Kessel, City Manager Date: LESSEE: CLEAR WIRELESS LLC, a Nevada limited liability company By: Printed Name: Its: Date: 50676807.2 4 Exhibit ?C? Equipment Modification ? Final Configuration Page 1 of 2 50676807.2 5 Exhibit ?C? Equipment Modification ? Final Configuration Page 2 of 2 50676807.2 6 Agenda No. 8 City Council Meeting: September 17, 2013 Department: Chief of Staff Subject:Resolution No. 13-R-79 - Authorizing a Personal Services Agreement with Charmain Sanchez for services related to marketing and developing certain City Property for the purpose of the installation and operation of wireless communications equipment and systems and the continued management of the City?s telecommunications tenants ____________________________________________________________________ BACKGROUND The City staff determined that the City requires the services of a skilled consultant relating to the marketing and managing of City real estate for telecommunications development. On August 5, 2008 the City passed and adopted Resolution No 08-R-42 authorizing the City Manager to execute a Personal Services Agreement with Charmain Sanchez, an individual uniquely qualified to provide such services for the City. The Agreement with Ms. Sanchez was for a five (5) year period, and if not renewed, expires on September 30, 2013. Section II paragraph 2.02 states that the City and the Consultant may agree to further renewals. JUSTIFICATION The attached spreadsheet shows the revenues generated from the leases and lease amendments negotiated by Ms. Sanchez over the twenty (20) year term of the agreements. In the past five years, these agreements have paid out $909,387.81. A third of this revenue is attributed to fees and requests by Tenants to change equipment needed to support new technology and improve service. These modification requests will continue as the telecom industry evolves and offers via wireless equipment further increasing revenues. Ms. Sanchez is uniquely qualified in managing these requests, establishing pricing for equipment, amending the Agreements resulting in increasing rent to the City. The City expects more requests for telecommunication sites as new development continues. RECOMMENDATION Approval of Resolution No. 13-R-79 ATTACHMENTS Resolution No. 13-R-79 with the Personal Services Agreement Attached Live Oak Water Tank Telecom Lease Income - Initial Lease Terms and Renewals RESOLUTION NO. 13-R-79 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING A PERSONAL SERVICES AGREEMENT WITH CHARMAIN SANCHEZ FOR SERVICES RELATED TO MARKETING AND DEVELOPING CERTAIN CITY PROPERTY FOR THE PURPOSE OF THE INSTALLATION AND OPERATION OF WIRELESS COMMUNICATIONS EQUIPMENT AND SYSTEMS AND THE CONTINUED MANAGEMENT OF THE CITY?S TELECOMMUNICATIONS TENANTS, AND OTHER MATTERS IN CONNECTION THEREWITH WHEREAS, the City staff of the City of Schertz (the ?City?) has determined that the City requires personal services relating to marketing and developing certain City property for the purpose of the installation and operation of wireless communications equipment and systems and the continued management of the City?s telecommunications tenants; and WHEREAS, City staff has determined that Charmain Sanchez is uniquely qualified to provide such services for the City; and WHEREAS, pursuant to Section 252.022(a)(4), the City is not required to seek bids or proposals with respect to a procurement for personal, professional, or planning purposes; and WHEREAS, the City Council has determined that it is in the best interest of the City to contract with Charmain Sanchez pursuant to the Personal Services Agreement attached hereto as Exhibit 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 Charmain Sanchez 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. PASSED AND ADOPTED, this 17th day of September, 2013. CITY OF SCHERTZ, TEXAS Michael R. Carpenter, Mayor ATTEST: Brenda Dennis, City Secretary (CITY SEAL) 50677418.1 EXHIBIT A PERSONAL SERVICES AGREEMENT A-1 50677418.1 PERSONAL SERVICES AGREEMENT This Personal Services Agreement (the ?Agreement?) dated to be effective as of October 1, 2013 (the ?Effective Date?) is between the City of Schertz, Texas, a Texas municipal corporation (the ?City?), and Charmain Sanchez, an individual (the ?Consultant?). GENERAL RECITALS WHEREAS, the City and the Consultant entered into that certain Personal Services Agreement dated as of August 5, 2008 (the ?Original Agreement?), which Original Agreement, through a series of extensions, terminated on September 30, 2013. WHEREAS, the City and the Consultant desire to enter into this Agreement to allow for the Consultant to continue to provide personal services to the City as set forth herein. WHEREAS, the City holds title to certain real properties described in Exhibit A attached hereto. Additional properties may be added to Exhibit A by way of amendments provided to the Consultant by the City. The properties and any additional properties that will be added to Exhibit A shall hereinafter be referred to as the ?Property?. WHEREAS, the Consultant represents that she is experienced in the business of marketing real estate for telecommunication development and providing certain other real estate consulting services associated with the deployment of wireless communication equipment and systems. WHEREAS, the City desires to continue to engage the services of the Consultant to market and develop the Property for the purpose of the installation and operation of wireless communications equipment and systems, and the continued management of telecommunications tenants and the Consultant desires to continue to provide such services pursuant to the terms and conditions included herein. NOW, THEREFORE, FOR AND IN CONSIDERATION OF THE FOLLOWING MUTUAL PROMISES AND THE MUTUAL BENEFITS TO BE DERIVED BY THE PARTIES HERETO, IT IS UNDERSTOOD, CONTRACTED AND AGREED AS FOLLOWS: SECTION I RELATIONSHIP OF PARTIES; STANDARD OF WORK; SERVICES GENERALLY 1.01 The City hereby contracts with the Consultant to negotiate on the City?s behalf in the leasing of the Property for the sole purpose of telecommunications development and the installation on the Property and operation of telecommunications equipment and systems owned by entities other than the City (the ?Services?). The Services shall include, but not be limited to the services listed on the attached Exhibit B. The Consultant may, by separate written agreement with the City, provide various additional real estate services. 1.02 The City and the Consultant agree that the Consultant is an independent contractor and not an agent or employee of the City. The City and the Consultant agree that their 1 50677397.1 relationship arising from this Agreement does not constitute a general agency, joint venture, partnership, employment relationship, or franchise between them. 1.03 The Consultant acknowledges that she will control the conduct and means of performing the Services required of the Consultant under this Agreement. The Consultant will provide all of the Services herself, and she will not utilize any employees or independent contractors. She promises to adhere to all appropriate professional standards, including the maintenance of all licenses and permits required by law for any of the Services to be performed, and to complete all work in a timely manner, consistent with generally accepted marketing and property management procedures and standards of the real estate industry. 1.04 This Agreement is non-exclusive. The Consultant acknowledges that the City may enter into agreements with other persons or entities to provide any or all of the Services described in this Agreement. SECTION II TERM; EXTENSION; TERMINATION 2.01 Subject to Section 2.03, this Agreement shall be for a term beginning on October 1, 2013 and ending on September 30, 2018 (the ?Initial Term?). At the expiration of the Initial Term of this Agreement, if not renewed in writing for an additional fixed period in accordance with Section 2.02 below and if not terminated in accordance with Section 2.03 below, the Agreement will renew automatically for an additional twelve (12) month period. 2.02 The City and the Consultant may agree to further renewals hereof. 2.03 Either party shall have the right to terminate this Agreement for any or no reason, upon delivery of thirty (30) days? prior written notice to the other. Further, either party may terminate this Agreement at any time for cause or for failure of the other to comply with the terms, representations, and conditions of this Agreement. Such termination shall not affect the Consultant?s right to receive any Management Fees relating to lease or rental agreements executed before the date of termination as described in Section 4.01. SECTION III LEASING OF PROPERTY; COLLECTION OF RENT AND OTHER FEES 3.01 The Consultant shall make reasonable efforts to negotiate for the lease of available space on the Property for wireless communications services by entities other than the City. The City shall identify whether space on any particular piece of the Property is ?available?. The Consultant shall be responsible for negotiations with prospective tenants and shall have the right to propose reasonable concessions aimed at inducing occupancy and use, subject to final approval by the City Manager. The Consultant shall not, without the prior written consent of the City Council, propose any lease for a term of less than of sixty (60) months or more than two hundred forty (240) months. The City Manager shall execute all lease and rental agreements on behalf of the City, before such agreements shall become effective and following approval by the City Council. 2 50677397.1 3.02 The Consultant shall not be responsible for the collection of any lease payments. Planning, zoning, or permit fees required by the City shall be paid directly to the City by the tenant or lessee and not to the Consultant. 3.03 All application fees, rents, and other income issuing from the Property shall be paid directly to the order of the City. Compensation due to the Consultant under Section IV shall be paid by the City to the Consultant after the corresponding Gross Receipts (as defined in Section 4.01) are received by the City from the tenant. SECTION IV COMPENSATION 4.01 For the continuation of Services under this Agreement, the Consultant shall receive a Management Fee equal to thirty percent (30%) of the monthly ?Gross Receipts? collected by the City from lease or rental agreements executed during the term of the Original Agreement and for the term of this Agreement and any renewal(s) hereof. ?Gross Receipts? means all revenues collected by the City from leases or rental agreements entered into by the City pursuant to the Original Agreement and this Agreement, less refundable deposits. 4.02 Unless otherwise provided for in this Agreement, the Management Fee provided in Section 4.01 includes all compensation receivable by the Consultant. 4.03 Unless otherwise agreed in writing by the City in advance, the Consultant shall be responsible for providing at her sole cost all equipment and supplies necessary or appropriate for performing the Services hereunder. SECTION V RECORDS AND REPORTS 5.01 The Consultant shall furnish the City, not later than the end of the next succeeding month, a detailed statement of all activities by the Consultant pursuant to this Agreement. 5.02 The Consultant shall report to the City promptly any conditions concerning the Property that, in the opinion of the Consultant, require the attention of the City. SECTION VI INDEMNIFICATION 6.01 The Consultant agrees to indemnify and hold harmless the City, its employees, agents, and representatives from and against any claims, debts, demands, suits, costs, or charges, including reasonable attorney?s fees, arising in connection with the Consultant?s Services hereunder. 3 50677397.1 SECTION VII GOVERNMENT REGULATIONS 7.01 The Consultant agrees to perform the Services hereunder in full compliance with all laws and regulations of any federal, state, county, or municipal authority having jurisdiction over the Property. SECTION VIII ASSIGNMENT; BINDING EFFECT 8.01 This Agreement and the rights, obligations, and liabilities created hereunder shall be binding upon and inure to the benefit of the heirs, executors, administrators, legal representatives, successors, and assigns of each of the parties hereto, but no rights, obligations, or liabilities hereunder shall be assignable or delegable by the Consultant without the prior written consent of the City. The City may assign or delegate the rights, obligations, or liabilities created hereunder to its successor in interest without the consent of the Consultant. 8.02 All obligations by either party which expressly or by their nature survive the expiration or termination of this Agreement shall continue in full force and effect subsequent to and notwithstanding its expiration or termination and until they are satisfied in full or by their nature or within one year of termination, provided however that any obligations regarding protecting confidential information shall continue in perpetuity. SECTION IX IMPOSSIBILITY OF PERFORMANCE 9.01 Neither the City nor the Consultant shall be liable for loss or damage or deemed to be in breach of this Agreement if its failure to perform its obligations results from (a) compliance with any law, ruling, order, regulation, requirement, or instruction of any federal, state, or municipal government or any department or agency thereof or court of competent jurisdiction; (b) acts of God; (c) acts or omissions of the other party; or (d) fires, strikes, embargoes, war, insurrection, or riot. Any delay resulting from any of said causes shall extend performance accordingly or excuse performance, in whole or in part, as may be reasonable. SECTION X SURVIVAL 10.01 The terms, provisions, representations, and warranties contained in this Agreement that by their sense and context are intended to survive the performance thereof by either or both parties hereunder shall so survive the completion of performances and termination of this Agreement, including the making of any and all payments due hereunder. SECTION XI CONFIDENTIAL INFORMATION 11.01 Any specifications, plans, drawings, sketches, models, samples, data, computer programs or documentation, or technical, or business information ("Information") furnished or disclosed by the City to the Consultant hereunder shall be deemed the exclusive property of the 4 50677397.1 City, including title to copyright in all copyrightable material, and, when in tangible form, shall be returned to the City by the Consultant upon completion or termination of the related Services. Unless such information was previously known to the Consultant free of any obligation to the City to keep it confidential, or has been or is subsequently made public by the City, it shall be held in confidence by the Consultant, shall be used only for the purposes hereunder, and may be used for other purposes only upon such terms and conditions as may be mutually agreed upon in writing. 11.02 If the Consultant is served with process to obtain Information, the Consultant shall immediately notify the City in writing, which shall have the right to seek to quash such process. SECTION XII INTEGRATION; MODIFICATION; SEVERABILITY; GOVERNING LAW 12.01 This Agreement embodies the entire understanding of the parties as to the subject matter hereof, and there are no further or other agreements or understandings, written or oral, in effect between the parties as to the subject matter hereof. The drafting, execution, and delivery of this Agreement by the parties have been induced by no representations, statements, warranties, or agreements other than those expressed in this Agreement, and except as expressly provided to the contrary, the provisions of this Agreement are for the benefit of the parties solely and not for the benefit of any other person(s) or entities. 12.02 A waiver, alteration, or modification of any of the provisions of this Agreement shall not be binding unless in writing and signed by authorized representatives of the parties to this Agreement. 12.03 A determination by a court of law with competent jurisdiction that a section or any part of a section of this Agreement is void, invalid, or unenforceable for any reason shall not render void, invalid, or unenforceable any other section or any part of any other section of this Agreement. 12.04 Nothing contained in this Agreement shall be deemed to create or shall be construed as creating in the Consultant any property interest in or to the Property. 12.05 Except to the extent governed by United States law that preempts state law, this Agreement shall be governed by and construed in accordance with the laws of the State of Texas. Proper venue for any dispute or litigation shall be only in Guadalupe County, Texas. SECTION XIII MEDIATION; ATTORNEY?S FEES 13.01 Each party agrees that it or she shall first submit any and all unsettled claims, counterclaims, disputes, and other matters in question between them arising out of or relating to this Agreement or the breach thereof (?disputes?) to an alternate dispute resolution process before filing a suit concerning this Agreement. 5 50677397.1 13.02 Each party shall have the right to collect from the other all damages, reasonable costs and expenses, including reasonable attorneys? fees, incurred by a successful party in exercising or enforcing any of its rights or remedies hereunder or in enforcing any of the terms, conditions, or provisions of this Agreement in a court of law. SECTION XIV NOTICE 14.01 All notices, requests, demands, or other communications affecting the terms of this Agreement shall be in writing and shall be deemed to have been duly given if delivered in person, by facsimile or within five (5) days after deposited in the United States mail, postage prepaid, certified, with return receipt requested. Notice shall be addressed to the parties as follows: The City: The City of Schertz Attn: City Manager 1400 Schertz Parkway Schertz, TX 78154 Telephone: (210) 658-7477 Facsimile: (210) 659-3204 With a contemporaneous copy to: Norton Rose Fulbright Attn: Katherine A. Tapley 300 Convent Street, Suite 2100 San Antonio, TX 78205 Telephone: (210) 270-7191 Facsimile: (210) 270-7205 The Consultant: Charmain Sanchez 8006 Devonshire Drive Spring Branch, TX 78070 Telephone: (830) 885-7674 6 50677397.1 IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first set forth above. CITY OF SCHERTZ By: John C. Kessel, City Manager CHARMAIN SANCHEZ By: Charmain Sanchez S-1 50677397.1 Exhibit A The Property The Property is comprised of those water tank locations noted as ?Cell Capable? on the graphic on the following page. A 50677397.1 A 50677397.1 Exhibit B The Services 1.The Consultant shall provide non-exclusive real estate consulting services, advice, and assistance sufficient for the City as determined by other means suitable to accommodate wireless telecommunications facilities and/or switching buildings or towers on the Property, to the extent previously authorized by the City. 2.The Consultant shall provide and obtain Entry and Testing Agreements signed by the prospective tenant and the City when appropriate for site access, to survey the proposed site, to have an E-911 address assigned to the site and any environmental testing when required or determined by the prospective tenant (at such tenant?s expense). 3.Upon approval by the City of a Tower Site Application, the Consultant will enter into final negotiations with the prospective tenant. Leases will be negotiated by the Consultant with appropriate assistance and approval of the City Attorney, subject to final approval by the City Council. 4.The Consultant will submit to the City a lease package which shall include a Lease Summary Sheet identifying the lease terms and other pertinent data necessary for lease administration, the required number of executed originals by the tenant and the City of the Lease, and, if requested by the City, a Memorandum of Lease Agreement for signature. The lease package will also include related documents with the Lease that may include the following: Lease Summary Sheet (to be completed when the Lease is ready to be signed by the City) Entry and Testing Agreement (to be signed before/during Lease negotiations) Construction Drawings (the Consultant to coordinate the City?s receipt of signed Construction Drawings for its records) B-1 50677397.1 Agenda No. 9 CITY COUNCIL MEMORANDUM City Council Meeting: September 17, 2013 Department: Public Works Subject:RESOLUTION NO. 13-R-75 Interlocal Agreement Between the City of Schertz, Texas and the Cibolo Creek Municipal Authority Regarding Purchase of Property for a Future Wastewater Treatment Facility with Cibolo Creek Municipal Authority relating to advancement of funds for the purchase of property for a future wastewater treatment facility. (J. Bierschwale) BACKGROUND In pursuant of the development of Southern Schertz and to meet current and future waste water demands, CCMA needs to begin the process of purchasing the land for the Southern Wastewater Treatment Plants. Negotiations have begun between a tri-party agreement with CCMA, Cibolo and Schertz to complete the contracts for the wastewater treatment. As we continue to develop the tri-party agreement, TCEQ permits must be applied for the plant treatment affluent into the Cibolo Creek and/or reuse water programs. CCMA has selected three different sites for the treatment plant and wants to begin negotiations for the preferred site for the discharge point into the Cibolo Creek, maintaining the best quality nutrients of the creek. Once CCMA has completed land negotiations, the City will provide funding up to $2 million dollars. The City will be reimbursed by CCMA once the revenue bonds have been sold or full reimbursement terms as described in Section 2 of the Interlocal Agreement. FISCAL IMPACT To assist the Authority in its efforts to acquire the Plant Site, the City desires to advance, in accordance with the terms of this Agreement, up to Two Million and No/100 Dollars 50077367.2 ($2,000,000.00) to the Authority for use by the Authority to purchase the Plant Site and to perform legal and due diligence activities in connection with such acquisition. RECOMMENDATION City staff recommends that the City enter into an Interlocal Agreement between the City of Schertz, Texas and the Cibolo Creek Municipal Authority regarding purchase of Property for a Future Wastewater Treatment Facility with Cibolo Creek Municipal Authority relating to advancement of funds for the purchase of property for a future wastewater treatment facility. ATTACHMENT(S) Resolution No. 13-R- 75 Interlocal Agreement 50077367.2 RESOLUTION NO. 13-R-75 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF SCHERTZ, TEXAS AND THE CIBOLO CREEK MUNICIPAL AUTHORITY REGARDING PURCHASE OF PROPERTY FOR A FUTURE WASTEWATER TREATMENT FACILITY WITH THE CIBOLO CREEK MUNICIPAL AUTHORITY, AND OTHER MATTERS IN CONNECTION THEREWITH WHEREAS, the City staff of the City of Schertz (the ?City?) has recommended that the City enter into an Interlocal Agreement Between the City of Schertz, Texas and the Cibolo Creek Municipal Authority Regarding Purchase of Property for a Future Wastewater Treatment Facility with Cibolo Creek Municipal Authority relating to advancement of funds for the purchase of property for a future wastewater treatment facility; and WHEREAS, the City Council has determined that it is in the best interest of the City to contract with Cibolo Creek Municipal Authority pursuant to the Interlocal Agreement Between the City of Schertz, Texas and the Cibolo Creek Municipal Authority Regarding Purchase of Property for a Future Wastewater Treatment Facility attached hereto as Exhibit 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, or his or her designee, to execute and deliver the Agreement with Cibolo Creek Municipal Authority 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. PASSED AND ADOPTED, this 17th day of September, 2013. CITY OF SCHERTZ, TEXAS Mayor, Michael R. Carpenter ATTEST: City Secretary, Brenda Dennis (CITY SEAL) 50677008.1 EXHIBIT A INTERLOCAL AGREEMENT BETWEEN THE CITY OF SCHERTZ, TEXAS AND THE CIBOLO CREEK MUNICIPAL AUTHORITY REGARDING PURCHASE OF PROPERTY FOR A FUTURE WASTEWATER TREATMENT FACILITY A-1 50677008.1 INTERLOCAL AGREEMENT BETWEEN THE CITY OF SCHERTZ, TEXAS AND THE CIBOLO CREEK MUNICIPAL AUTHORITY REGARDING PURCHASE OF PROPERTY FOR A FUTURE WASTEWATER TREATMENT FACILITY This Interlocal Agreement Between the City of Schertz, Texas and the Cibolo Creek Municipal Authority Regarding Purchase of Property for a Future Wastewater Treatment Facility City of Schertz, Texas (the ?Agreement?) is entered into between the , a Texas municipal Cibolo Creek Municipal Authority corporation (the ?City?), and the , a conservation and reclamation district created and operating pursuant to Article XVI, § 59 of the Texas Constitution (the ?Authority?), to be effective as of the date on which the last Party signs this Agreement (the ?Effective Date?). The City and the Authority are collectively referred to herein as the ?Parties? and are each a ?Party?. WITNESSETH: WHEREAS , the Authority is the regional agency designated to provide regional wastewater service in the Cibolo Creek Watershed in the vicinity of the City. WHEREAS , the City is faced with future growth within its city limits in the vicinity of Interstate Highway 10 and Cibolo Creek for which additional wastewater treatment facilities will be needed. WHEREAS , the City desires the Authority to develop a wastewater treatment facility in the vicinity of Interstate Highway 10 and Cibolo Creek (?Plant Site?), to be known as the Southern Watershed Regional Water Reclamation Plant (the ?Southern Plant?), that would allow the City and the Authority to provide wastewater treatment services in the area of the Plant Site. WHEREAS , to assist the Authority in its efforts to acquire the Plant Site, the City desires to advance, in accordance with the terms of this Agreement, up to Two Million and No/100 Dollars ($2,000,000.00) to the Authority for use by the Authority to purchase the Plant Site and to perform legal and due diligence activities in connection with such acquisition. WHEREAS, the Authority and the City, exercising their respective mutual authorities, wish to enter into this Agreement to set forth the terms and conditions related to the City?s advancement of funds to the Authority for acquisition of the Plant Site and related legal and due diligence activities in connection with such acquisition. WHEREAS , this Agreement shall not affect the existing wholesale contract between the City and the Authority. WHEREAS , Chapter 791 of the Texas Government Code, as amended, titled Interlocal Cooperation Contracts, authorizes contracts between political subdivisions for the performance of governmental functions and services, and pursuant to Chapter 791, Texas Government Code, as amended, and the general and special laws of the State of Texas, the Parties are authorized to enter into this Agreement. 50665099.2 AGREEMENT: NOW THEREFORE , in consideration of the mutual covenants and agreements herein contained, the sufficiency of which are acknowledged, and subject to the terms and conditions hereinafter set forth, the Parties agree as follows: I. Advancement of Funds 1.1 The City agrees to advance funds of up to Two Million and No/100 Dollars ($2,000,000.00) (the ?Funds?) to the Authority for use by the Authority to purchase the Plant Site and to perform legal and due diligence activities in connection with such acquisition. 1.2 The City will advance such Funds to the Authority at such time as the Authority has entered into a contract for acquisition of the Plant Site. 1.3 If CCMA has not entered into a contract to purchase the Plant Site by September 30, 2014, then the City?s obligations to advance the Funds shall cease and this Agreement shall become null and void and of no further effect. II. Repayment of Funds 2.1 The Authority shall reimburse the City the amount of the Funds advanced by the City no later than September 30, 2014 from the proceeds of bonds issued for, among other purposes, the purpose of purchasing and acquiring the Plant Site and constructing the Southern Plant (the ?Bonds?). 2.2 In the event that the Bonds are not issued by September 30, 2014 (the ?Issuance Date?), the District shall reimburse the Funds to the City in one of the following ways: (a) if an appraisal of the Plant Site conducted by a third party appraisal acceptable to the City and the Authority shows that the appraised value of the Plant Site is equal to or more than the amount of the advanced Funds, convey the Plant Site to the City free and clear of any liens, (b) repay the total amount of the advanced Funds to the City, or (c) offer the Plant Site for sale (for which the City shall have the right to approve the terms of such sale) with the proceeds of such sale being paid to the City to repay the advanced Funds, and if the proceeds from the sale are insufficient to repay the advanced Funds, CCMA shall pay, in addition to the proceeds of the sale, the remaining amount of the advanced Funds to the City out of other funds available to CCMA. CCMA shall promptly (and in no event more than twenty (20) business days after the Issuance Date) take one of the foregoing actions. - 2 - 50665099.2 III. Binding Effect; Benefiting Parties 3.1 This Agreement shall bind and benefit the respective Parties and their legal successors, but shall not otherwise be assignable, in whole or in part, by either Party without first obtaining the written consent of the other Party. 3.2 This Agreement inures to the benefit of and obligates only the Parties. No term or provision of this Agreement shall benefit or obligate any person or entity not a Party to the Agreement. The Parties shall cooperate fully in opposing any attempt by any third person or entity to claim any benefit, protection, release, or other consideration under this Agreement. IV. Governmental Functions; Liability; No Waiver of Immunity or Defenses 4.1 Notwithstanding any provision to the contrary herein, this Agreement is a contract for and with respect to the performance of governmental functions by governmental entities. 4.1.1 The services provided for herein are governmental functions, and the City and the Authority shall be engaged in the conduct of a governmental function while providing and/or performing any service pursuant to this Agreement. 4.1.2 The relationship of the Authority and the City shall, with respect to that part of any service or function undertaken as a result of or pursuant to this Agreement, be that of independent contractors. 4.1.3 Nothing contained herein shall be deemed or construed by the Parties, or by any third party, as creating the relationship of principal and agent, partners, joint venturers, or any other similar such relationship between the Parties. 4.2 Each Party reserves and does not waive any defense available to it at law or in equity as to any claim or cause of action whatsoever that may arise or result from or in connection with this Agreement. This Agreement shall not be interpreted nor construed to give to any third party the right to any claim or cause of action, and neither the City nor the Authority shall be held legally liable for any claim or cause of action arising pursuant to or in connection with this Agreement except as specifically provided herein or by law. 4.3 Neither Party waives or relinquishes any immunity or defense on behalf of itself, its trustees, councilmembers, officers, employees, and agents as a result of the execution of this Agreement and the performance of the covenants and agreements contained herein. V. Notices 5.1 All correspondence and communications concerning this Agreement shall be directed to: SCHERTZ: City of Schertz 1400 Schertz Parkway Schertz, Texas 78154 Attention: City Manager - 3 - 50665099.2 With a copy to: Norton Rose Fulbright 300 Convent Street, Suite 2100 San Antonio, Texas 78205 Attention: Katherine A. Tapley AUTHORITY: Cibolo Creek Municipal Authority By mail: P.O. Box 930 Schertz, Texas 78154 By personal delivery: 100 Dietz Road Schertz, Texas 78154 Attention: Clint Ellis With a copy to: Adams & Flake 1001 Pat Booker Road, Suite 200 Universal City, Texas 78148-4199 Attention: Harry B. Adams III Notices required hereunder shall be hand-delivered or sent by prepaid certified mail, return receipt requested. VI. Severability 6.1 If any provision of this Agreement shall be deemed void or invalid, such provision shall be severed from the remainder of this Agreement, which shall remain in force and effect to the extent that it does not destroy the benefit of the bargain. VII. Entire Agreement 7.1 This Agreement is the entire agreement between the City and the Authority as to the subject matter hereof and supersedes any prior understanding or written or oral agreement relative to the subject matter hereof. This Agreement may be amended only by written instrument duly approved and executed by both Parties in accordance with the formalities of this Agreement. VIII. Governing Law; Venue 8.1 All Parties agree that this Agreement shall be construed under the laws of the State of Texas, and obligations under the Agreement shall be performed in Guadalupe County, Texas. In the event that any legal proceeding is brought to enforce this Agreement or any provision hereof, the same shall be brought in the State District Court of Guadalupe County, Texas. The Parties agree to submit to the jurisdiction of said court. [ Signatures and acknowledgements on the following pages ] - 4 - 50665099.2 SIGNATURE PAGE TO INTERLOCAL AGREEMENT BETWEEN THE CITY OF SCHERTZ, TEXAS AND THE CIBOLO CREEK MUNICIPAL AUTHORITY REGARDING PURCHASE OF PROPERTY FOR A FUTURE WASTEWATER TREATMENT FACILITY The Parties hereto have executed this Agreement as of the dates set forth below to be effective as of the Effective Date. CITY OF SCHERTZ, TEXAS By: _______________________________ John C. Kessel, City Manager THE STATE OF TEXAS § § COUNTY OF GUADALUPE § This instrument was acknowledged before me on the ____ day of __________________, 2013, by John C. Kessel, the City Manager of the City of Schertz, Texas, a Texas municipal corporation, on behalf of said City. [ Seal ] Notary Public in and for the State of Texas S-1 50665099.2 SIGNATURE PAGE TO INTERLOCAL AGREEMENT BETWEEN THE CITY OF SCHERTZ, TEXAS AND THE CIBOLO CREEK MUNICIPAL AUTHORITY REGARDING PURCHASE OF PROPERTY FOR A FUTURE WASTEWATER TREATMENT FACILITY CIBOLO CREEK MUNICIPAL AUTHORITY By: Clint Ellis, General Manager THE STATE OF TEXAS § § COUNTY OF GUADALUPE § This instrument was acknowledged before me on the ____ day of __________________, 2013, by Clint Ellis, the General Manager of the Cibolo Creek Municipal Authority, on behalf of said entity. [ Seal ] Notary Public in and for the State of Texas S-2 50665099.2 Agenda No. 10 CITY COUNCIL MEMORANDUM City Council Meeting: September 17, 2013 Department: Public Works Subject:Resolution No. 13-R-78 - Approving and ratifying a Purchase and Sale Agreement and a First Amendment to Purchase and Sale Agreement, both with Michael F. Biry and Jennifer S. Biry, and authorizing a Continuation Notice granting consent to proceed to closing related to such agreement and amendment, all in connection with the purchase by the City of real property located along Commercial Place and Windy Meadows Drive, described as Lots 31 and 32, Block 1, Schertz Business Park according to the plat recorded in Volume 5, Page 225B, Lot 24, Block 2, Windy Meadow, according to the plat recorded in Volume 5, Page 50A- 51A, Lots 23, 24, and 28 Block 1, Schertz Business Park, according to the plat recorded in Volume 4, Page 336, all located in the City of Schertz, Guadalupe County, Texas, as well as the purchase of related improvements and personal property, from Michael F. Biry and Jennifer S. Biry BACKGROUND Goal The City has a need for additional property to be utilized for various municipal purposes, which may include, but would not be limited to, municipal offices, 50677868.1 public works facilities, fleet repair, building maintenance, water and wastewater related services, street maintenance, engineering, parks, and related services. In the past ten years, the Public Works Department has doubled in size to meet the needs of the City?s growing population. The Public Works Department moved into Building #1 in 1990. Building #2 was planned and constructed in 2007. Upon completion of Building #2 the layout was designed to house Water/Wastewater, Drainage, and Administration. Building #1 was planned to house Streets and Fleet. The Purchasing Department moved into Building #1 in 2009. Building Maintenance moved to Building #2 in 2013. The Departments currently housed in Building #1 are: Fleet, Sign Shop, Parks, and Purchasing. Building #2 houses Water/Wastewater, Streets, Drainage, Building Maintenance, Administration, and Engineering. Both buildings and shops located on Commercial Place are filled to capacity and there are two approved positions that still need filling; the City Engineer and Stormwater Manager. Original plans were to remodel the current Public Works Building #2, but it was found that this remodel would result in less shop space and even more cramped conditions. There is little or no room left for the inevitable growth. The Public Works Yard located at 1120 FM 1518 is used to store equipment and materials. The Yard and shops are dilapidated, an eyesore, and are located in the floodway. City Staff was made aware that the properties located on 11 and 27 Commercial Place along with a lot on Windy Meadows Drive were to become available due to the landowner retiring and his interest in selling the properties. Management and Staff met with the landowner, ordered appraisals, toured the properties, and subsequently were able to agree on a sale price that was based on the appraisals and tax assessor information. With the purchase of the properties on Commercial Place and Windy Meadows, the future needs of the Public Works Department as well as other City Departments would be met. The Yard would also be relocated to Commercial Place and the property could become much needed parking space for Pickrell Park. The advantages of the property purchase are: Space for long-term growth as well as meeting current needs Location that takes advantage of existing facilities Cost effective 50677868.1 The City has entered into an earnest money Purchase and Sale Agreement effective as of June 25, 2013 (the ?Agreement?) and a First Amendment to Purchase and Sale Agreement (the ?First Amendment?) regarding the purchase of certain real property located on Commercial Place and Windy Meadows Drive, as well as for the purchase of certain related improvements and personal property (collectively, the ?Property?) from Michael F. Biry and Jennifer S. Biry (the ?Sellers?). The ?Inspection Period? under the Agreement and First Amendment terminates on September 23, 2013. Proceeding to closing following the end of the Inspection Period requires City Council approval and requires the City to provide the Sellers with a ?Continuation Notice? stating that City Council has approved the purchase and that the City plans to proceed to closing. The Phase I Environmental Study, Property Condition Assessment, and Survey have been completed. City Staff has reviewed the results of the study and assessment and has found that the properties are in environmental compliance and buildings are in good condition for purchase. Minor repairs have been agreed upon and will be complete by the current owner prior to closing. Other items have been deducted from the sale price and will be complete after closing in house by the Public Works and Building Maintenance Departments. Community Benefit The property will provide the City with adequate space for long-term growth and a location to house municipal services, which may include, but would not be limited to, municipal offices, public works facilities, fleet repair, building maintenance, water and wastewater related services, and street maintenance related services. Summary of Recommended Action The City staff recommends that the City Council approve Resolution No. 13-R- 78, thereby approving the purchase of the Property in accordance with the terms of the Agreement and the Amendment, approving and ratifying the Agreement and the Amendment, and further authorizing the City Manager to execute and deliver a Continuation Notice, as required under the Agreement and the Amendment as a condition to proceeding to closing on the purchase of the Property. FISCAL IMPACT The total purchase price for all of the Property is $1,733,856.00. Further, a $7,000 security deposit for a lease on a portion of the property that is expected to be continued month-to-month post-closing will be transferred to the City at closing. Upon 50677868.1 termination of the lease, all or a portion of the security deposit will need to be refunded by the City to the tenant under the lease. RECOMMENDATION Approval of Resolution No. 13-R-78 ATTACHMENT(S) Resolution No. 13-R-78 with the Purchase and Sale Agreement and the First Amendment to Purchase and Sale Agreement attached. 50677868.1 RESOLUTION NO. 13-R-78 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS APPROVING AND RATIFYING A PURCHASE AND SALE AGREEMENT AND A FIRST AMENDMENT TO PURCHASE AND SALE AGREEMENT, BOTH WITH MICHAEL F. BIRY AND JENNIFER S. BIRY, AND AUTHORIZING A CONTINUATION NOTICE GRANTING CONSENT TO PROCEED TO CLOSING RELATED TO SUCH AGREEMENT AND AMENDMENT, ALL IN CONNECTION WITH THE PURCHASE BY THE CITY OF REAL PROPERTY LOCATED ALONG COMMERCIAL PLACE AND WINDY MEADOWS DRIVE, DESCRIBED AS LOTS 31 AND 32, BLOCK 1, SCHERTZ BUSINESS PARK ACCORDING TO THE PLAT RECORDED IN VOLUME 5, PAGE 225B, LOT 24, BLOCK 2, WINDY MEADOW, ACCORDING TO THE PLAT RECORDED IN VOLUME 5, PAGE 50A-51A, LOTS 23, 24, AND 28 BLOCK 1, SCHERTZ BUSINESS PARK, ACCORDING TO THE PLAT RECORDED IN VOLUME 4, PAGE 336, ALL LOCATED IN THE CITY OF SCHERTZ, GUADALUPE COUNTY, TEXAS, AS WELL AS THE PURCHASE OF RELATED IMPROVEMENTS AND PERSONAL PROPERTY, FROM MICHAEL F. BIRY AND JENNIFER S. BIRY, AND OTHER MATTERS IN CONNECTION THEREWITH WHEREAS, the City staff of the City of Schertz (the ?City?) has recommended that the City Council approve and ratify the Purchase and Sale Agreement attached hereto as Exhibit A (the ?Agreement?) and the First Amendment to Purchase and Sale Agreement attached hereto as Exhibit B (the ?Amendment?) with Michael F. Biry and Jennifer S. Biry relating to the purchase by the City of real property located along Commercial Place and Windy Meadows Drive, as well as the purchase of related improvements and personal property (collectively, the ?Property?); and WHEREAS, the City has a need for additional property to be utilized for various municipal purposes, which may include, but would not be limited to, municipal offices, public works facilities, fleet repair, building maintenance, water and wastewater related services, and street maintenance, engineering, and parks related services; and WHEREAS, the Property will be used by the City for various municipal purposes, which may include, but would not be limited to, municipal offices, public works facilities, fleet repair, building maintenance, water and wastewater related services, and street maintenance, engineering, and parks related services; and WHEREAS, the Agreement and the Amendment require City Council approval prior to proceeding to closing on the purchase of the Property; and WHEREAS, the City staff has further recommended that the City Council authorize a Continuation Notice, required under the Agreement and the Amendment as a condition to proceeding to closing on the purchase of the Property; and 50677744.3 WHEREAS, the City Council has determined that it is in the best interest of the City to purchase the Property, approve and ratify the Agreement and the Amendment, and authorize a Continuation Notice. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS THAT: Section 1.The City Council hereby approves the purchase of the Property in accordance with the terms of the Agreement and the Amendment, approves and ratifies the Agreement and the Amendment, and further authorizes and directs the City Manager, or his or her designee, to execute and deliver a Continuation Notice, as required under the Agreement and the Amendment as a condition to proceeding to closing on the purchase of the Property, prior to the termination of the Inspection Period defined in the Agreement and the Amendment. Section 2.Further, in addition to and without limiting the foregoing, the City Manager, or his or her designee, is authorized and directed to take or cause to be taken such further action and to execute, file, and deliver or cause to be executed, filed, and delivered, in the name and on behalf of the City, all such further instruments and documents (including, but not limited to, closing documents required by the title company that is closing the contemplated transaction), as the City Manager, in consultation with the City Attorney, may deem to be necessary or advisable to effectuate the purpose and intent of the foregoing resolution. 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 resolved 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. 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, Texas Government Code, as amended. Section 8.This Resolution shall be in force and effect from and after its final passage, and it is so resolved. 50677744.3 PASSED AND ADOPTED, this 17th day of September, 2013. CITY OF SCHERTZ, TEXAS Michael R. Carpenter, Mayor ATTEST: Brenda Dennis, City Secretary (CITY SEAL) 50677744.3 EXHIBIT A PURCHASE AND SALE AGREEMENT A-1 50677744.3 EXHIBIT B FIRST AMENDMENT TO PURCHASE AND SALE AGREEMENT B-1 50677744.3