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02-04-2014 Agenda with backupMEETING AGENDA City Council REGULAR SESSION CITY COUNCIL February 4,2014,6:00 P.M. HAL BALDWIN MUNICIPAL COMPLEX COUNCIL CHAMBERS 1400 SCHERTZ PARKWAY BUILDING #4 SCHERTZ, TEXAS 78154 City of Schertz Core Values Do the right thing Do the best you can Treat others the way you would want to be treated Work together cooperatively as a team Call to Order — Regular Session Invocation and Pledges of Allegiance to the Flags of the United States and State of Texas. (Reverend Linda Montgomery, Schertz United Methodist Church) A. Mayor Pro -Tem Oath of Office — Oath of Office administered to Councilmember David Scagliola. (Mayor Carpenter to administer oath) City Events and Announcements Announcements of upcoming City Events (D. Harris /J. Bierschwale /B. James) Announcements and recognitions by City Manager (J. Kessel) Presentations • Employee Longevity Recognition (J. Kessel) • Presentation and update regarding the Schertz- Seguin Local Government Corporation Projects. (J. Bierschwale /A. Cockerell) Hearing of Residents This time is set aside for any person rvho wishes to address the City Council. Each person shouldfTll out the speaker's register prior to the meeting. Presentations should be limited to no more than 3 minutes. All remarks shall be addressed to the Council as a body, and not to any individual member thereof. Any person making personal, impertinent, at- slanderous remarks while addressing the Council nmy be requested to leave the meeting. 02 -04 -2014 Council Agenda Discussion by the Council of any item not on the agenda shall be limited to statements of specific faclual information giren in response to any inquiry, a recitation of existing policy in response to an inqui )y and/or a proposal to place the item on a future agenda. The presiding of,Jicer, during the Hearing of Residents portion of the agenda, li,ill call on those persons u,ho ham signed up to speak in the order they hare registered. 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 Couneilmember. 1. Minutes - Consideration and /or action regarding the approval of the minutes of the Regular Meeting of January 28, 2014. (J. Kessel /B. Dennis) 2. Resolution No. 14 -R -08 — Consideration and /or action approving a Resolution approving and authorizing an Agreement for a Permanent Waterline Easement along Wiederstein Road from San Antonio One and San Antonio Three, Michigan Limited Partnerships in connection with the Wiederstein Road Waterline Project and authorizing the acceptance of such Permanent Waterline Easement by the City in accordance with the terms of the Dedication Agreement, and other matters in connection therewith. (J. Bierschwale /J. Hooks) 3. Resolution No. 14 -R -08A — Consideration and/or action approving a Resolution approving and authorizing an Encroachment Agreement with CPS Energy to encroach on the existing electrical easement, and other matters in connection therewith.(J. Bierschwale /J. Hooks) 4. Resolution No. 14 -R -13 — Consideration and /or action approving a Resolution authorizing the Schertz- Seguin Local Government Corporation (SSLGC) Budget Amendment for Fiscal Year 2014, and other matters in connection therewith. (J. Bierschwale /A. Cockerell) Discussion and Action Items 5. Resolution No. 14 -R -14 — Presentation and consideration and /or action approving a Resolution authorizing a Development Agreement with GE Oil & Gas Inc., and other matters in connection therewith. (J. Kessel/D. Gwin) 6. Ordinance 14 -T -03 — Consideration and /or action approving an Ordinance authorizing a budget adjustment to establish additional expenditures in the FY 2013 -14 Budget in the amount of $95,000 related to the purchase of a Vac -Con Vacuum Truck to be fielded from the Public Works Equipment Replacement Fund; repealing all Ordinances or parts of Ordinances in conflict with this Ordinance and providing an effective date. First Reading (J. Bierschwale /S. Willoughby) Roll Call Vote Confirmation Requests and Announcements 02 -04 -2014 City Council Agenda Page - 2 - 7. Announcements by City Manager • Citizen Kudos • Recognition of City employee actions • New Departmental initiatives 8. Requests by Mayor and Councilmembers that items be placed on a future City Council agenda. 9. Requests by Mayor and Councilmembers to City Manager and Staff for information. 10. Announcements by Mayor and Couneihnenlbers • City and community events attended and to be attended • City Council Committee and Liaison Assignments (see assigmrrents 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 11. City Council will meet in closed session under section 551.074 Texas Government Code, Personnel Matters to evaluate the Municipal Prosecutor and Municipal Judge. 12. City Council will meet in closed session under section 551.087 Texas Govermnent Code, Deliberation regarding Economic Development Negotiations with business prospects E -001, E -002 and E -003. Reconvene into Reeular Session I La. Take any necessary action based on discussions held in closed session under Agenda Item number 11. 12.a. Take any necessary action based on discussions held in closed session under Agenda Item number 12. Roll Call Vote Confirmation Adionrninent 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 31st DAY OF JANUARY 2014 AT 8:30 A.M., WHICH IS A PLACE READILY ACCESSIBLE TO THE PUBLIC AT ALL 02 -04 -2014 City Council Agenda Page - 3 - TIMES AND THAT SAID NOTICE WAS POSTED IN ACCORDANCE WITH CHAPTER 551, TEXAS GOVERNMENT CODE. grewda Deww�s Brenda Dermis CPM, TRMC, MMC, City Secretar 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 2014. Title: This facility is accessible in accordance with the Americans with Disabilities Act. Handicapped parking spaces are available. Ifyor 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. The City Council for the City of Schertz reserves the right to adjourn into executive session at any time during the course of this meeting to discuss any of the matters listed above, as authorized by the Texas Open Meetings Act. Executive Sessions Authorized: This agenda has been reviewed and approved by the City's legal counsel and the presence of any subject in any Executive Session portion of the agenda constitutes a written interpretation of Texas Government Code Chapter 551 by legal counsel for the governmental booty and constitutes an opinion by the attorney that the items discussed therein may be legally discussed in the closed portion of the meeting considering available opinions of a court of record and opinions of the Texas Attorney General known to the attorney. This provision has been added to this agenda with the intent to meet all elements necessary to satisfy Texas Government Code Chapter 551.144(c) and the meeting is conducted by all participants in reliance on this opinion. COUNCIL COMMITTEE AND LIAISON ASSIGNMENTS Mayor Carpenter Mayor 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 Randolph Joint Land Use Study (JLUS) Executive Investment Advisory Committee Committee TIRZ II Board Councilmember Scagliola — Place 2 Councilmember John - Place 3 Animal Control Advisory Committee Cibolo Valley Local Government Corporation Schertz Seguin Local Government Corporation Interview Committee for Boards and Commissions Sweetheart Advisory Committee Councihnennber Edwards — Place 4 Councilmember — Duke — Place 5 Audit Committee Audit Committee ASA Commuter Rail District Board — Lone Star Investment Advisory Committee Hal Baldwin Scholarship Committee 02 -04 -2014 City Council Agenda Page - 4 - e r, IX G� � A IX O V F x W G w 0 J .c J W 7 U U � L M r O N N O El 15 . a L _0 O 1-+ a-1 Q N U m N 0) Q O E U O 7 7 7 5i d-1 U' CCf J U) a) i a) m m U- C a) `J 7 IV No" Ll 5 D =3 W, I E N L- 4-- O U >, U) U Cf) Q N O O O N N � C6 _ c� 03 N -1 � D =3 W, I •� Z5 n +-1 E N E O O O m Q N q U) co (f)' > C/) O 0) 4-, C: O U � U U � 5,0 Z n W co O 0)_ U) N � N 3 N N E ?� N cn O Co +r N m U Q Q m - c U) U) O o � M c m m � ° o NO 03 p o -O Q ( N U O OL N p Q N > > N N U m m EZ C p N p Z5 n +-1 E N E O O O m Q N q U) co (f)' > C/) O 0) 4-, C: O U � U U � 5,0 Z n W 5 A in 4- O D � L O Q O O Q U � � O CZ m OD L L N cn N O-) r a L +�- Z 70PI a) O O E C/) 0 0 D w N � � W X ac J p L O U O U � C O O m � U U U a C7 Q J O C/) C/5 LO D >1 c OO N L Q L � > CD N o CM CU) (D O U) U U D -� (D O L L Q) O 0 ME u D �U O J �co^ ' 4-1 VJ O E N N � N }' L U Q U VJ Q O C: a) m > :2 -0 D if, I 0 5 0 I O O `" N N 1 Q L L� U 000 000 000 OLO N O Q L � (n ca O U N c� L CY) M M M O r 06 O O O r r 4- � cts o U — U) U U = m (� Jc�Ln cn j O C i �} \ I � o � CL 2 $ c % U) a $ / % $ (n _ m �m 0 k % c = > y n �(n / k\ •2 / 2 �.\ ƒ / 2 m / � (D / U) U) E § o- c E a k a m CD \ / $n ~2 Eo U . � @ e o (D CO m ± Cl) m n p m m & _ _ \ I 5 IF] _~ VJ •� L o � cn N O N c c� L C� Q C E C (II � O O Q D L 1 4z. ��.. O U R- N a) pi; J Q 4 c O U) O N N No I O O V N U W a� U }' o �- n- c� a� 06 m +� N N N N C - w N E o O U cn N Q E a) m Q L E E U (z J =3 O O m cn o- cn CD D :3 m No I •� U 0 U) Q L Q.. CD CO U) N U) c 4 U) L E CZ U) N N � � O N � Q N _N O O O V >, CO L U O U L U Q N C O Q N N Q U N L I �y -q : 0 N c O O 0 06 N v O Q U p E N cn � Q C O N N U) E U) C7 N ca J O 1 O p O >, w Q O A N .O — (13 U NLIT N O U 0) U Q' z L =3 O fl U U C O O N N O U N 70 +L-. U O (n (6 O N (� 06 : Q O N >, U O M M O m Q O C •x N O U (� O -C N Z N a) ca Q L (D U Q o 4 o U `0 c c CO m — 70 N N 1 N N N N � L _ CD N N (D t) O U N CO C U +r � L O 0) Q N Cr O Co O CM O N X �: , (.5 (D c "t cn m cry w Z) Z3 :3 D :3 Z3 D -q o �5. 0 FL E `L i W CL a� Q 4-j c E L 4- O O i El 0 U) O) a) E 0) E D cn a) c� m 4- O L (a LO co L- 0 U) i m 9 D a) C7 0 4- L LO U U N a) U) c� ku O L O c� c O co U O Z5 0 a) 4-+ Q a) U m O L a) L 9 0 N r N M 0- 0 5 W V c 0 H O N ONp 00 N 00 a _ �c cF N_ (n iC W B cn Y C h .7 O1 d 0 U N LGJ �c m U) o O +J m N d a c N d 0.- D- °' a`y z U J C N ctl �h Mod S n. N y �Y 7 GG LIM �V M� W 0 O • NLL d J C0 0-6.2- IL c 5 7 off o`. 3 c Pz h CU m L Co WCl) m CO N ma� C C W W z 0 O • 5 0- O U) N I J 73 �r ai Agenda No. 1 CITY COUNCIL MEMORANDUM City Council Meeting: February 4, 2014 Department: Subject: City Secretary Minutes The City Council held a regular meeting on January 28, 2014. FISCAL IMPACT None RECOMMENDATION Staff recommends Council approve the minutes of the regular meeting on January 28, 2014. ATTACHMENT Minutes — regular meeting January 28, 2014 MINUTES REGULAR MEETING January 28, 2014 A Regular Meeting was held by the Schertz City Council of the City of Schertz, Texas, on January 28, 2014, 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 Carpenter Councilmember David Scagliola Councilmember Cedric Edwards Staff Present: Executive Director David Harris City Attorney Charles Zech City Secretary Brenda Dennis Call to Order Mayor Carpenter called the Regular Meeting to order at Texas Councilmember David Scagliola, provided the Flags of the United States and the State of Tex • Announcements of Mayor Pro -Tem Jim Fowler Councilmember Daryl John Councilmember Matthew Duke Kessel Brian James Staff Bob Cantu City Secretary Donna Schmoekel the Pledges of Allegiance to the Bierschwale /B. James) Director of Support David Harris who provided the events: • Wednesday, January 29, 2014, 11:30 a.m. - 1:30 p.m. - Retirement Celebration for Marshal BeverlyTodd at the Schertz Civic Center • Thursday, January 30, 2014 1:00 p.m. — 3:00 p.m. - Promotion & Recognition of 25 years 6f service'for Marshal Michael Harris at the Schertz Civic Center • Friday, January 31, 2014, Special Meeting - 1:00 p.m. — 608 Schertz Parkway at the Senior Center • Thursday, February 6, 2014, Trail Rider Luncheon at Pickrell Park • Announcements and recognitions by City Manager (J. Kessel) Mayor Carpenter recognized City Manager John Kessel who stated he has several kudos to pass along to the Police Department. The first one was from the Assistant Principal at Samuel Clemens High School complimenting Sergeant Joshua Mixon for the way he handled a situation at the school recently with some students. The second compliment was from a 1 -28 -2014 Minutes Page - 1 - resident commending Officer Daniel Trevino, Officer Michael Rapier, and Sergeant John Eisen for recovering some goods taken during an automobile burglary. The stolen items were subsequently recovered shortly thereafter by the officers when the individual was caught in the act of burglarizing a second vehicle. Mr. Kessel also congratulated Public Workers Coordinator Cynthia Raleigh who completed her courses and passed her final testing in the Texas Municipal Clerks Certification Program, earning the prestigious TRINIC certificate. Presentation • Presentation and update regarding Alamo Area Council of Governments ( AACOG) Mobility Program (B. James /Bill Mosley) Mayor Carpenter recognized Executive Director of Development Brian James who introduced Mr. Bill Mosley from the Alamo Area Council of Governments ( AACOG) Mobility Program. Mayor Carpenter recognized Director of transportation of'AACOG Bill Mosley who stated that in 2010 the census deemed the areas of Cibolo, Schertz, and New Braunfels an urbanized area and the city of San Antonio's VIA Metropolitan .Transit was then responsible for providing public transportation to these areas who assigned this program to Alamo Regional Transit (ART). The three cities gave their approval to provide matching funds to Alamo Regional Transit (ART) to begin furnishing transportation at a very low cost. Most of these trips - are for medical appointments, jobs, grocery stores, paying bills, senior citizen nutrition programs, adult day care centers and school. People in need of these services can call a dispatcher at t- 856- 889 -7433. tie reminded everyone that this is a demand response rather than a fixed,route. He answered questions from Council and will provide additional information on several other programs that are also available to assist residents so that staff can put this on the City website for the future. Mayor Carpenter stated he would like Council to ask our Transportation Safety Advisory Commission (TSAC) to;:,begin the process of beginning to look at public transportation in the future and how we can;expand our relationship with ACCOG as the needs arises in the next five veats.:.. Mayor Carpenter recognized the following who spoke: • Mr. Robert Brockman, 1000 Elbel Rd, 4411 who spoke about new signs he has seen in the area around Crescent Bend and Schaefer Road. The signs state HALT. Mayor Carpenter recognized Executive Director of Support David Harris who explained that Bexar County Public Works erected those signs in areas prone to flooding to warn people not to enter those areas during severe downpours. 1 -28 -2014 Minutes Page - 2 - Mr. Brockman stated on Thursday, February 23, 2014, he took a tour of the second floor of the Courthouse in Seguin and the Judge is unhappy with the architecture. Mr. Brockman also suggested maybe Mr. Bill West from the Guadalupe Blanco Regional Area could come out to this area and give a presentation. • Ms. Maggie Titterington, President of Schertz Chamber of Commerce spoke about the Health and Wholeness Fair this past Saturday. She stated they had 519 people show up and she thanked City staff members who came out and helped. She stated that FM 3009 is now open but FM 1518 is closed until the 3`d week in February. She reminded everyone of the Ribbon Cutting at El Charro Restaurant tomorrow at 3:00 p.m. On February 3, at 11:00 a.m., Ryder Transportation will have their grand opening for their new location on Doer Lane. Another Ribbon cutting will occur on February 12 at 10:30 a.m. for Urgent Care on Hwy 78. • Mr. Robin Thompson who spoke about the Senior Ceh going on. He was told lunches are down from serving The Schertz Seniors deserve better than this and he hot into consideration when they meet on this topic later this Consent Agenda Items 1. Minutes - Consideration and /or action regarding the apj Meeting of January 21, 2014. (J. Kessel/B. Dennis) 2. Annual Racial Profiling Report — Racial Profiling report. (J.,Bierschw ,r'residents who are asking what is 120 per day to 15 lunches per day. >s Council will take these concerns minutes of the Regular accepting the 2013 Annual 3. Resolution No. 14 -R -12 — Consideration and/or action approving a Resolution authorizing a Community Development Block Grant Program Cooperative Agreement with Bexar County regarding improvements'to Pickrell Park. (B. James /G. Logan/C. VanZandt) NO. 14 -R -12 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING A COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM COOPERATIVE AGREEMENT WITH BEXAR COUNTY, TEXAS AND OTHER MATTERS IN- CONNECTION THEREWITH Mayor Carpenter recognized Councilmember Edwards, who moved, seconded by Mayor Pro- Tern Fowler, to approve Consent Agenda items 1 -3. The vote was unanimous with Mayor Pro -Tem Fowler, Councilnnembers Scagliola, John, Edwards and Duke voting yes and no one voting no. Motion Carried 1 -28 -2014 Minutes Page - 3 - Roll Call Vote Confirmation Mayor Carpenter recognized Deputy City Secretary Donna Schmoekel who recapped the votes of items 1 through 3. Executive Session Mayor Carpenter recessed the regular meeting into executive session at 6:28 p.m. 8. City Council will meet in closed session under section 551.07`1 Texas Government Code, Consultations with the City Attorney to receive legal advice regarding the termination of the Operating Agreement with the Comal County Senior Citizens' Foundation of the Schertz Senior Citizens' Center. Mayor Carpenter stated they would meet only under ItemNumber 8 and not Item 9. Reconvene into Regular Session iYlayor Carpenter reconvened the meeting at 649 p. in. Mayor Carpenter recognized Boy Scout Thomas Larreau who was in the audience this evening currently working on his Citizenship Merit Badge as well as pursuing his Eagle Scout status. 8.a. Take any necessary action based on discussions held in closed session under Agenda Item number 8. Mayor Carpenter read the following caption into record: RESOLUTION NO. 14 -R -11 A RESOLUTION BY THE CITY,, COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING A TERMINATION OF THE OPERATING AGREEMENT BETWEEN THE CITY OF SCHERTZr TEXAS`yAND THE COMAL COUNTY SENIOR CITIZENS' FOUNDATION AND OTHER MATTERS IN CONNECTION THEREWITH Mayor Carpenter recognized Mayor Pro -Tern Fowler, who moved, seconded by Councilmember Scagliola to approve Resolution No. 14 -R -11 — Termination of Contract with Comal County Senior Citizens Foundation. The vote was unanimous with Mayor Pro -Tent Fowler, Councilmembers Scagliola, John, Edwards and Duke voting yes and no one voting no. Motion Carrier/ Roll Call Vote Confirmation Deputy City Secretary Donna Schmoekel recapped the votes from agenda item 8a. Requests and Announcements 4. Announcements by City Manager 1 -28 -2014 Minutes Page - 4 - • Citizen Kudos • Recognition of City employee actions • New Departmental initiatives No further announcements made. 5. Requests by Mayor and Councilmembers that items be placed on a future City Council agenda. Mayor Carpenter requested scheduling a joint meeting with Council, and the Transportation Safety Advisory Commission (TSAC) be held sometime in either February or April to expand on discussions of the future public transportation needs 'of City. 6. Requests by Mayor and Councilmembers to City No Requests. 7. Announcements by Mayor and • City and community events attended and to be • City Council Committee and Liaison Assignme • Continuing education events attended and to be • Recognition of actions by Citytmployees • Recognition of actions by community volunteer • Upcoming City Council agenda items assignments below) Mayor Carpenter'; recognized Mayor Pro -Tem Fowler who stated he attended the Schertz Chamber of Commerce Health & Wholeness Pair ;last Saturday. Mayor Carpenter recognized Councilmember Scagliola who stated he attended the Guadalupe Mayors Association meeting last week in Seguin. He also stated he attended a Carpenter recognized Councilmember Duke who stated he also attended the Schertz -r of Commerce Health & Wholeness Fair last Saturday. Mayor Carpenter stated that he met last week with the Northeast Partnership and the Guadalupe County Mayors Association and has secured agreements from both organizations to move forward' with a resolution to petition for reinstating the Federal flood insurance subsidies. He stated Senator Donna Campbell will work with the other Senators to help further the bill's passage. Adiournment As there was no further business, the meeting was adjourned at 6:57p. m. Mayor, Michael R. Carpenter 1 -28 -2014 Minutes Page - 5 - ATTEST: City Secretary, Brenda Dennis 1 -28 -2014 Minutes Page - 6 - CITY COUNCIL MEMORANDUM City Council Meeting: February 4, 2014 Department: Public Works Agenda No. 2 Subject: Resolution No. 14 -R -08 — A Resolution by the City Council of the City of Schertz, Texas approving and authorizing an Agreement for a Permanent Waterline Easement along Wiederstein Road from San Antonio One and San Antonio Three, Michigan Limited Partnerships in connection with the Wiederstein Road Waterline Project and authorizing the acceptance of such permanent waterline easement by the City in accordance with the terms of the dedication agreement, and other matters in connection therewith BACKGROUND San Antonio One and San Antonio Three, Michigan Limited Partnerships sold the property on Wiederstein Road to the Schertz- Cibolo- Universal City Independent School District . As part of the sale agreement, San Antonio One and San Antonio Three, Michigan Limited Partnerships agreed to install a new looped waterline from IH 35 to Old Wiederstein Road for the City of Schertz to provide water service to the property. A permanent waterline easement is necessary to complete this project. Once complete, San Antonio One and San Antonio Three, Michigan Limited Partnerships will dedicate the waterline to the City of Schertz. Goal To enter into a Permanent Waterline Easement Agreement with San Antonio One and San Antonio Three, Michigan Limited Partnerships for the Wiederstein Waterline Project. Community Benefit Provide adequate water service and pressure to properties located on Wiederstein Road. Summary of Recommended Action Staff recommends Council approve the Resolution approving a Permanent Waterline Easement Agreement with San Antonio One and San Antonio Three, Michigan Limited Partnerships related to the Wiederstein Road Waterline Project. FISCAL IMPACT No fiscal impact for the acceptance of the Permanent Waterline Easement and Encroachment Agreement with CPS Energy. RECOMMENDATION Staff recommends Council approve Resolution 14 -R -08. City Council Memorandum Page 2 ATTACHMENTS Resolution No. 14 -R -08 Permanent Waterline Agreement with San Antonio One and San Antonio Three, Michigan Limited Partnership RESOLUTION NO. 14 -R -08 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS APPROVING AND AUTHORIZING AN AGREEMENT FOR A PERMANENT WATERLINE EASEMENT ALONG WIEDERSTEIN ROAD FROM SAN ANTONIO ONE AND SAN ANTONIO THREE, MICHIGAN LIMITED PARTNERSHIPS IN CONNECTION WITH THE WIEDERSTEIN ROAD WATERLINE PROJECT AND AUTHORIZING THE ACCEPTANCE OF SUCH PERMANENT WATERLINE EASEMENT BY THE CITY IN ACCORDANCE WITH THE TERMS OF THE DEDICATION AGREEMENT, AND OTHER MATTERS IN CONNECTION THEREWITH WHEREAS, the City staff of the City of Schertz (the "City ") has recommended that the City (1) enter into an agreement for a permanent waterline easement with San Antonio One and San Antonio Three, Michigan Limited Partnerships (collectively, the "Grantors "), in the form attached hereto as Exhibit A (the "Agreement'), for the dedication to the City of a permanent waterline easement containing approximately 1.125 acres as more particularly described on Exhibit B attached hereto (the "Permanent Waterline Easement'); and (2) accept the dedication of such permanent waterline easement in accordance with the terms of the Agreement; and WHEREAS, the City of Schertz needs the permanent waterline easement to complete the installation of the waterline on Wiederstein Road; and WHEREAS, the City staff acknowledges that it is in the best interest of the City to enter into the Permanent Waterline Easement Agreement with San Antonio One and San Antonio Three, Michigan Limited Partnershps; and 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 the Grantors in substantially the form set forth on Exhibit A and to accept the dedication of the Permanent Waterline. 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 4th day of February, 2014. CITY OF SCHERTZ, TEXAS Michael R. Carpenter, Mayor ATTEST: Brenda Dennis, City Secretary (CITY SEAL) EXHIBIT A PERMANENT WATERLINE EASEMENT AGREEMENT FEW EXHIBIT B LEGAL DESCRIPTION OF THE PERMANENT WATERLINE EASEMENT 1�tffl WATERLINE EASEMENT THE STATE OF TEXAS § § KNOW ALL PERSONS BY THESE PRESENTS: COUNTY OF GUADALUPE § THAT San Antonio One and San Antonio Three, Michigan Limited Partnerships (the "Grantors "), for and in consideration of the sum of Ten and No /] 00 Dollars ($10.00) and other good and valuable consideration to the Grantor paid by the CITY OF SCHERTZ, a Texas municipal corporation (the "Grantee "), the receipt and sufficiency of which are hereby acknowledged, has GRANTED, SOLD, and CONVEYED and by these presents does GRANT, SELL, and CONVEY unto the Grantee, its successors and assigns, subject to the terms hereof, (1) a permanent exclusive easement and right -of -way upon, across, and beneath real property located in Guadalupe County, Texas, as more particularly described in Exhibit A attached hereto and incorporated herein for all purposes (the "Permanent Easement "), and being a 1.125 -acre portion of that 196.879 -acre tract of land of the Grantor more particularly described in that instrument recorded in Volume 979, Page 475 of the Official Public Records of Guadalupe County, Texas (the "Premises ") (the "Easement "). The Permanent Easement is granted for the purpose of constructing, operating, maintaining, and repairing a waterline (the "Waterline "). The Easement herein granted is subject to the following terms, agreements, reservations, conditions, covenants, limitations, and exceptions: (1) The Permanent Easement herein granted shall be located across a 16 -foot wide strip of land and shall be perpetual until the earlier to occur of (a) the permanent and affirmative abandonment of the use of the Permanent Easement by the Grantee, its successors or assigns, or (b) the execution and recordation in the Official Public Records of Guadalupe County, Texas, of an instrument by which the Grantee, or its successors or assigns, as applicable, abandons and releases the Permanent Easement. (2) Neither the Grantor nor any successor owner of the Premises shall disconnect, disturb, or otherwise interfere with the continued use of the Waterline, nor shall any such persons erect or permit the erection of any buildings, slabs, structures, or other improvement within the boundaries of the Permanent Easement, or which would otherwise interfere with the Waterline's continued use and maintenance. With respect to any buildings, slabs, structures, or other improvements encroaching on the Permanent Easement as of the date of this Agreement, the Grantee shall have the right to remove such building, slab, structure, or improvement to allow for the construction, operation, maintenance, or repair of the Waterline. The Grantee shall, however, take reasonable precautions to preserve any mature trees existing within either the Permanent Easement. To the extent that construction of the Waterline results in the removal of brush from the Easements, the Grantee shall arrange for the disposal of the brush at the Grantee's sole cost and expense, 50310413.1 (3) The Easement herein granted shall run with the land and be binding upon and inure to the benefit of the Grantor and the Grantee, and their respective successors, assigns, and legal representatives, and shall be binding upon all parties having or acquiring any right, title or interest in the Premises or any portion thereof. (4) Should it become necessary at any time subsequent to completion to the construction of the Waterline for the Grantee to enter the Grantor's Premises for the purpose of maintaining, repairing, operation, or altering the Waterline in any way, the Grantee shall, after each entry upon the Premises, leave the Premises substantially in the same condition that it was in prior to such entry to the full extent reasonably practicable. I£ any repair or replacement activities become necessary as a result of the acts, omissions, or negligence of the owner or owners of the Premises or any of their tenants, or any of such persons' respective agents, employees, licensees, or invitees, then such owner or owners shall be responsible for promptly performing, at their sole cost and expenses, all necessary repairs, and, if they fail to do so, the Grantee (or its successors or assigns, as applicable) shall be entitled to do so and to recover all reasonable costs therefore from the owner or owners (jointly and severally) of the Premises. (5) The Easement is further made subject to all validly existing easements, rights -of- way, conditions, restrictions, covenants, or outstanding mineral or royalty interests or reservations, of record, if any, in Guadalupe County, Texas as of the date hereof. (6) The Grantee may exercise its rights hereunder directly by its employees or by its contractors or any duly authorized agent. TO HAVE AND TO HOLD said Easement together with all and singular the rights and appurtenances thereto anywise belonging unto the Grantee, its successors and assigns; and the Grantor does hereby bind itself, its successors and assigns, to specifically warrant and forever defend the Easement unto the Grantee, its successors and assigns, against 'every person whomsoever lawfully claiming or to claim the same or any part thereof, by, through, or under the Grantor, buy not otherwise, subject, however, to the matters set forth herein. Executed to be effective as of _, 201_ (the "Effective Date "). [signatures and acknowledgements on the following pages] 50310413.1 - 2 - This instrument has been executed as of the dates of the acknowledgments to be effective as of the Effective Date. GRANTOR: San Antonio One and San Antonio Three Limited Partnerships Name: Charles A. Forbes Title: General Partner THE STATE OF MICHIGAN COUNTY OF WAYNE This instrument was acknowledged before me on the 2- day of December, 2013 by CFA,�rIeS P. ForV�> as tagwoA f OW of .`om Rennin One. k!-,am AJ�D l h ree , on behalf of such �.�} �. (SEAL) 4jtary Public i and for The State of Michigan My Commission Expires: NOf. ✓mil 2D KILBE®LYULL Notary Pub9c • Mk Won my commum Cou dyy y ActlnA In ft County of u� ,q 50310413.1 - 3 - GRANTEE: CITY OF SCHERTZ John C. Kessel City Manager, City of Schertz THE STATE OF TEXAS COUNTY OF GUADALUPE This instrument was acknowledged before me on the _ day of , 201_ by John C. Kessel, as City Manager of the City of Schertz, on behalf of such City. (SEAL) Notary Public in and for The State of Texas My Commission Expires: AFTER RECORDING RETURN TO: Katherine A. Tapley Fulbright & Jaworski L.L.P. 300 Convent Street, Suite 2100 San Antonio, Texas 78205 50310413.1 - 4 - EXHIBIT A Permanent Easement 1.125 ACRES FN NO. 103161 - 50001 -11 (48,999 Sq. Ft.) December 04, 2013 103161- 50001TI.dwg JOB NO. R0103161- 50001.92 FIELD NOTE DESCRIPTION VARIABLE WIDTH WATER LINE EASEMENT FOR A 1.125 ACRE (48,999 Sq.Ft.) OF LAND SITUATED IN THE CITY OF SCHERTZ, COMAL COUNTY, TEXAS, BEING A PORTION OF THAT CERTAIN TRACT OF LAND CALLED 200.198 ACRES IN DEED OF RECORD CONVEYED TO SAN ANTONIO ONE LIMITED PARTNERSHIP, A MICHIGAN LIMITED PARTNERSHIP, IN VOLUME 979, PAGE 475 OF THE DEED RECORDS OF GUADALUPE COUNTY, TEXAS; SAID 1.125 ACRES BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, WITH ALL BEARINGS BEING REFERENCED TO THE NORTH AMERICN DATUM 1983, TEXAS COORDINATE SYSTEM, SOUTH CENTRAL ZONE: COMMENCING, AT A FOUND TEXAS DEPARTMENT OF TRANSPORTATION BRASS DISK IN CONCRETE LOCATED AT THE NORTH END OF A CUT -BACK AT THE INTERSECTION OF THE EASTERLY RIGHT -OF -WAY LINE OF WEIDERSTEIN ROAD (COUNTY ROAD 382, R.O.W. VARIES) AND THE SOUTHERLY RIGHT - OF -WAY LINE INTERSTATE HIGHWAY 35(R.O.W. VARIES); THENCE, S 01° 03' 25" W, 50.62 FEET, ALONG SAID CUT -BACK LINE, TO A POINT, HAVING A GRID COORDINATE OF (N = 13,760,309.52, E _ 2,205,270.37), FOR THE POINT OF BEGINNING OF THE HEREIN DESCRIBED TRACT OF LAND; THENCE, ALONG THE NORTHEASTERLY LINES OF THE HEREIN DESCRIBED TRACT OF LAND AS FOLLOWS: S 320 25' 20" E, S 780 08' 24" E, S 33° 08' 24" E, S 110 51' 36" W. S 310 14' 25" E, S 760 19' 32" E, S 31° 19' 32" E, 82.49 FEET, TO A POINT FOR CORNER; 70.3.6 FEET, TO A POINT FOR CORNER; 22.35 FEET, TO A POINT FOR CORNER; 69.29 FEET, TO A POINT FOR CORNER; 977.63 FEET, TO A POINT FOR CORNER; 7.25 FEET, TO A POINT FOR CORNER; 14.697 FEET, TO A POINT FOR CORNER; P A(_I:. < olC 2 S .1130 qC' 28" W, 7.30 Fr-ET, TO A ?DINT FOR CORNER; S 31° 14' 25" F;, 1637.40' FEET, TO A POINT ON THE SOUTHEASTERLY LINE OF SAID CALLED 200,198 ACRE TRACT, FOR THE MOST SCUTHEASTERLY CORNER OF THE HEREIN DESCRIBED "'RACT; SAID POINT ALSO BEING ON THE NORTHWESTERLY RIGHT -OF- WAY LINE OF WE'_DERSTEIN ROAD (C.R. 3B2) (RIGHT -OF -WAY VAR -ES); THENCE, S 590 59' 24" W, 16.00 FEET, ALONG THE NORTHWESTERLY RIGHT -OF-WAY LINE OF' SAID WEIDERSTEIN, ROAD (C.R. 382) AND THE SOUTHEASTERLY LINE OF SAID CALLED 200.198 ACRES, TO A POINT FOR THE SOUTHWESTERLY CORNER OF THE HEREIN DESCRIBED TRACT; SAID POINT BEING THE SOUTHEASTERLY CORNER OF A CALLED 16 -FOOT WATER LINE EASEMENT AS RECORDED IN VOLUME 1635, PAGE 730 OF THE GUADALUPE COUNTY DEED RECORDS; THENCE, ALONG THE NOR`1'HEASTERLY LINES OF SAID 16 -FOOT WATER LINE EASEMENT AS RECORDED IN VOLUME 1635, PAGE 730 OF THE GUADALUPE COUNTY DEED RECORDS AS FOLLOWS: N 310 14' 25" W, N 340 57' 27" W, N 32° 25' 20" W, N 010 03' 25" E CONTAINING 1.125 OR LESS. 2644.86 FEET, TO A POINT FOR CORNER; 50.51 FEET, TO A POINT FOR CORNER; 123.58 FEET, TO A POINT FOR CORNER; , 29:00 FEET, TO THE POINT OF BEGINNING, ACRES (48,999 SQUARE FEET) OF LAND, MORE HAL B. LANE III REGISTERED PROFESSIONAL LAND SURVEYOR TEXAS REGISTRATION NUMBER 4690 BURY -SAN, INC., 922 ISOM ROAD, SUITE 100 SAN ANTONIO, TEXAS 78216 210/525 -9090 W Of U Q _00 Co F— — w L� 0 d (j,04 V) F V V) g O c J r, ¢moo J OUj v Z O H U a V! 8 a < ��$ a. 3"MMo boo oa NUZ ;U Z a 6Ot}!pN �dEjc �6 Q 3 b ag=o? Z ��g Z FOsm 3 oz WW aw 0 °NI 2'Q awl I �I w °ft w� w Z13 a W N'F M 701 I� I I I I 188 ' 3 I I � i I I, I y� I Jul I r i 3 A k y I} � h 'I I ? I 1 M .. 63, w3 v 0 W W J Je 2 m ga 40; ZO a�e�i�ZSF 3 0o- oPwwZF N 6>m< m S iE iE V w Lai: co aNN• • • Fa O GN V) r r Z g a Z ° <w <6�6 3 gyg�wwE-= F= N 4m!! $U a > w it o Z�S >� °za�lvai in N• • prppµy�l f,-) i fp (D U :i fO U Z �j C rE CL vi O cc w U 0 Z. Z mZO�� mZO N ' O a Z � z 1 0U' IL8_0 re °~c��mm NN ZF? Z u QQCL37 O Him f> 0. Ugw-pZ Z g a Z ° <w <6�6 3 gyg�wwE-= F= N 4m!! $U a > w it o Z�S >� °za�lvai in N• • prppµy�l f,-) i fp (D U :i fO U Z �j C rE CL vi O cc w CITY COUNCIL MEMORANDUM City Council Meeting: February 4, 2014 Department: Public Works Agenda No. 3 Subject: Resolution No. 14 -R -08A — A Resolution by the City Council of the City of Schertz, Texas approving and authorizing an Encroachment Agreement with CPS Energy to encroach on the existing electrical easement, and other matters in connection therewith San Antonio One and San Antonio Three, Michigan Limited Partnerships sold the property on Wiederstein Road to the Schertz- Cibolo- Universal City Independent School District . As part of the sale agreement, San Antonio One and San Antonio Three, Michigan Limited Partnerships agreed to install a new looped waterline from IH 35 to Old Wiederstein Road for the City of Schertz to provide water service to the property. A permanent waterline easement is necessary to complete this project. The waterline will encroach on an existing CPS Energy Electrical Easement; therefore, the City needs to also enter in to an Encroachment Agreement with CPS Energy to allow the installation of the new waterline in across the CPS Energy easement. Once complete, San Antonio One and San Antonio Three, Michigan Limited Partnerships will dedicate the waterline to the City of Schertz. Goal To enter into an Encroachment Agreement with CPS Energy to allow the installation of the new waterline in across the CPS Energy easement. Community Benefit Provide adequate water service and pressure to properties located on Wiederstein Road. Summary of Recommended Action Staff recommends Council approve the Resolution to enter into an Encroachment Agreement with CPS Energy to allow the installation of the new waterline across the CPS Energy easement. FISCAL IMPACT No fiscal impact for the acceptance of the Encroachment Agreement with CPS Energy. RECOMMENDATION Staff recommnends Council approve Resolution 14- R -08A. ATTACIEVIENTS Resolution No. 14 -R -08A Encroachment Agreement with CPS Energy RESOLUTION NO. 14 -R -08A A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS APPROVING AND AUTHORIZING AN AGREEMENT FOR AN ENCROACHMENT AGREEMENT WITH CPS ENERGY TO ENCROACH ON THE EXISTING ELECTRICAL EASEMENT, OTHER MATTERS IN CONNECTION THEREWITH WHEREAS, the City staff of the City of Schertz (the "City ") has recommended that the City enter into an Encroachment Agreement with CPS Energy to encroach on the existing electrical easement; and WHEREAS, the City of Schertz needs the permanent waterline easement and encroachment agreement with CPS Energy to complete the installation of the waterline on Wiederstein Road; and WHEREAS, the City staff acknowledges that it is in the best interest of the City to enter into an Encroachment Agreement with CPS Energy for the purposes of permission to encroach on the existing electrical easement; and BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS THAT: Section 1. The City Council hereby authorizes the City Manager execute and deliver the Agreement with CPS Energy in accordance with the terms of the Agreements. 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 4th day of February, 2014. CITY OF SCHERTZ, TEXAS Michael R. Carpenter, Mayor ATTEST: Brenda Dennis, City Secretary (CITY SEAL) EXHIBIT A ENCROACHMENT AGREEMENT A -1 NOTICE OF CONFIDENTIALTY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OF THE FOLLOWING INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS ANY INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. ENCROACHMENT AGREEMENT STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF GUADALUPE § WHEREAS, on the 22 "d day of June, 1970, Emma M. Staudt did execute and deliver unto the City of San Antonio as a part of its electric and gas system, CITY PUBLIC SERVICE BOARD, a Municipal Board of the CITY OF SAN ANTONIO, TEXAS, created pursuant to the authority contained in § 1502.070 of the Texas Government Code, and its predecessor statute, as amended, and pursuant to the authority contained in the various bond ordinances affecting CITY PUBLIC SERVICE (CPS ENERGY) a one hundred (100) foot wide electric easement and right - of -way by instrument recorded in Volume 431, Page 263, Deed Records of Guadalupe County, Texas, to -wit: The center line of one hundred foot easement beginning at a point on the west line of Emma Staudt joining a County Road at Station #473 +23.7 and extending to the Northeast line of Emma Staudt joining Alvin Staudt at Station #501 +81.4, this being a parcel or tract of land out of the Martin and Walker Survey #113, Abstract 244 and being the same land conveyed to Grantors herein by deed dated March 8,1949, Volume 236, page 227 and January 1, 1951, Volume 244, page 548, of the Deed Records of Guadalupe County, Texas. WHEREAS, SAN ANTONIO ONE LIMITED PARTNERSHIP and SAN ANTONIO THREE LIMITED PARTNERSHIP, both Michigan limited partnerships, are now the owners of Tract I, a 95.640 acre tract of land situated in the City of Schertz, Guadalupe County, Texas being a portion of that certain tract of land called 200.198 acres of land out of a portion of the Martin & Walker Survey No. 113, Abstract No. 244, Guadalupe County, Texas, and being the same property described in a deed recorded in Volume 179, Page 475, Deed Records of Guadalupe County, Texas. WHEREAS, CITY OF SCHERTZ OF THE STATE OF TEXAS has proposed to install a twelve (12) inch water main onto and into a portion of the one hundred (100) foot wide electric easement and right -of -way and located on the 95.640 acre tract owned by SAN ANTONIO ONE LIMITED PARTNERSHIP and SAN ANTONIO THREE LIMITED PARTNERSHIPS, both Michigan limited partnerships, constituting an encroachment thereon; and WHEREAS, CITY OF SCHERTZ OF THE STATE OF TEXAS has permission to install the said twelve (12) inch water main by instrument recorded in Volume Page Official Records of Guadalupe County, Texas. WHEREAS, CITY OF SCHERTZ OF THE STATE OF TEXAS desires permission to encroach with said twelve (12) inch water main onto and into a portion of the aforesaid one hundred (100) foot wide electric easement and right -of -way, as shown by drawing marked Exhibit "A ", attached hereto and made a part hereof. NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS: That in consideration of the sum of TEN AND NO/DOLLARS ($10.00) and other valuable consideration paid to CPS ENERGY, and in consideration of the foregoing premises, CPS ENERGY hereby grants unto CITY OF SCHERTZ OF THE STATE OF TEXAS, its successors and assigns permission to encroach a maximum 73.84' with the twelve (12) inch water main within the existing one hundred (100) foot wide electric easement and right -of -way, as shown by drawing marked Exhibit "A ", attached hereto and made a part hereof, located within Tract I, a 95.640 acre pact of land situated in the City of Schertz, Guadalupe County, Texas, subject to the covenants and agreements herein set forth. Both parties to this agreement agree that no party is an agent, servant, or employee of the other party and each party agrees it is responsible for its individual acts and deeds, as well as the acts and deeds of its contractors, employees, representatives, and agents relating to this agreement. It is, however, agreed and understood that this agreement is made only upon the understanding that should electric facilities need to be maintained and /or installed within the one hundred (100) foot wide electric easement and right -of -way at any time hereafter, the then owner of the twelve (12) inch water main will be given the option of either (i) relocating the twelve (12) inch water main, or (ii) having CPS Energy install or relocate the electric facilities around the location of the water main if CPS Energy determines that there is sufficient clearance within the easement to accommodate the facilities; provided, however, in the latter event, the then landowner shall be responsible for any additional or extraordinary cost of installing or relocating the facilities, boring, etc. It is, however, agreed and understood that this agreement is made only upon the understanding that it is for the twelve (12) inch water main, only, and as shown by drawing marked Exhibit "A ", attached hereto and made a part hereof, and that no other improvements or additions may be installed within the one hundred (100) foot wide electric easement and right -of- way by the CITY OF SCHERTZ OF THE STATE OF TEXAS, its successors and assigns. As a condition to this consent, CITY OF SCHERTZ OF THE STATE OF TEXAS, its successors and assigns covenants and agrees that it specifically releases and waives any and all rights against CPS Energy, and holds CPS Energy harmless, for any and all damages to any improvements located within the easement and right -of -way, whether caused by the negligence of CPS Energy or otherwise, resulting from the exercise by CPS Energy of any of its rights under the herein described one hundred (100) foot wide electric easement and right -of -way. It is further expressly agreed that the City of Schertz may, for purposes of inspecting, maintaining and repairing the twelve (12) inch water line, enter the one hundred (100) foot wide electric easement and right -of -way by providing CPS Energy twenty -four (24) hours' notice of its intent to do so. Except that if an emergency should prohibit the providing of twenty -four (24) hour notice the City of Schertz may otherwise enter the one hundred (100) foot wide electric easement and right -of -way and shall provide CPS Energy notice of such entry within 24 hours after its occurrence. 2 It is further expressly agreed and understood that the covenants and agreements herein set forth are to run with the CITY OF SCHERTZ OF THE STATE OF TEXAS easement and the existing of the twelve (12) inch water main and shall be binding on all persons and parties owning or claiming an interest in and to all or any part of the above described twelve (12) inch water main located on Tract I, a 95.640 acre tract of land situated in the City of Schertz, Guadalupe County, Texas. SIGNED TO BE EFFECTIVE this day of CITY OF SCHERTZ OF THE STATE OF TEXAS Mm TITLE: STATE OF TEXAS § COUNTY OF BEXAR § 2014. CITY OF SAN ANTONIO, TEXAS, ACTING BY AND THROUGH THE CITY PUBLIC SERVICE BOARD OF SAN ANTONIO, A MUNICIPAL BOARD OF THE CITY OF SAN ANTONIO BLAKE WILLIAMS DIRECTOR TRANSMISSION & SUBSTATION ENGINEERING This instrument was acknowledged before me on this , 2014, by BLAKE WILLIAMS, TRANSMISSION & SUBSTATION ENGINEERING, on behalf of th e SERVICE BOARD of the CITY OF SAN ANTONIO, Texas. Notary Public, State of Texas STATE OF TEXAS § COUNTY OF GUADALUPE § day of DIRECTOR OF CITY PUBLIC This instrument was acknowledged before me this day of 2014, by , on behalf of CITY OF SCHERTZ OF THE STATE OF TEXAS. 11135 N B WWmtdn Rd., City OfSchm GuWYup Cwnly, TX C.n unt%Vetm MgroSPtt Notary Public, State of Texas 3 Agenda No. 4 CITY COUNCIL MEMORANDUM City Council Meeting: February 4, 2014 Department: City Manager Subject: Resolution 14 -R -13- Amending the Fiscal Year 2014 Schertz /Seguin Local Government Corporation Budget BACKGROUND Schertz /Seguin Local Government Corporation (SSLGC) and San Antonio Water System (SAWS) have entered into a Well Field Operations Agreement. SSLGC will be reimbursed by SAWS for this work. As this is a new agreement, it was not originally included as a part of the FY2014 budget. A proposed budget amendment is being requested. This will allow for the addition of a new operator and to accommodate for the additional fuel costs, vehicle maintenance expenses and the SSLGC Staff salaries /benefits for the purpose of the SAWS/ SSLGC Well Filed Operations Agreement. Goal To approve the SSLGC Budget Amendment. Community Benefit The City of Schertz is a member of the SSLGC. It is through the SSLGC that the City provides water to its citizens. Approval of the budget amendment 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 Budget Amendment to the FY2014 Annual Budget. FISCAL IMPACT No fiscal impact. This budget is based on SSLGC revenue and this amendment is based on SAWS funding. RECOMMENDATION Staff recommends approval. ATTACHMENT Resolution 14 -R -13 Resolution # SSLGC R13 -28 Well Field Operations Agreement RESOLUTION NO. 14 -R -13 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING THE SCHERT /SEGUIN LOCAL GOVERNMENT CORPORATION (SSLGC) BUDGET AMENDMENT FOR FISCAL YEAR 2014, AND OTHER MATTERS IN CONNECTION THEREWITH WHEREAS, the City staff of the City of Schertz (the "City ") has recommended that the City approve the Schertz/Seguin Local Government Corporation Fiscal Year 2014 budget amendment; and WHEREAS, the City Council has determinedthat it is in the best interest of the City to approve the budget amendment 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 2014 budget amendment. 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 4"' day of February, 2014. CITY OF SCHERTZ, TEXAS Mayor, Michael R. Carpenter ATTEST: City Secretary, Brenda Dennis (CITY SEAL) 50506221.1 - 2 - Resolution # SSLGC R13 -28 SCHERTZ /SEGUIN LOCAL GOVERNMENT CORPORATION STATE OF TEXAS COUNTY OF GUADALUPE APPROVE THE WELL FIELD OPERATIONS AGREEMENT (AGREEMENT) BETWEEN SAN ANTONIO WATER SYSTEM (SAWS) AND SCHERTZ /SEGUIN LOCAL GOVERNTMENT CORPORATION (SSLGC) FOR SSLGC TO OPERATE THE WELLS AND WELL FIELD AS STATED IN THE AGREEMENT AND APPROVE A BUDGET ADJUSTMENT TO THE FY2013 -2014 SSLGC O & M BUDGET AND AUTHORIZE THE GENERAL MANAGER TO SIGN THE AGREEMENT. WHEREAS, the Schertz /Seguin Local Government Corporation (SSLGC) entered into a Region Water Supply Contract (RWSC) with San Antonio Water System (SAWS) dated January 1, 2011; and WHEREAS, SAWS and SSLGC agree that SSLCG will operate certain water wells, pumps, and related infrastructure owned by SAWS, known as the Wells, on certain properties, known as the Well Field; and WHEREAS, SAWS will pay SSLGC an amount specified within the Agreement and for a tune frame also noted in the Agreement; and WHEREAS, for the purposes of accurately reporting the hinds paid by SAWS to SSLGC for the addition of a new employee, to allow SSLGC die adequate staff to provide the contracted services for the Wells and the Well Field, an adjustment to the SSLGC FY2013 -2014 O & M Budget is required; and WHEREAS, an authorization for the General Manager to hire a new employee and to sign the Agreement would be necessary. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE SCHERTZ /SEGUIN LOCAL GOVERNMENT CORPORATION: Approve the resolution to amend the SSLGC FY2013 -2014 O & M Budget, to include the funds paid by SAWS for a new employee, authorize the General Manager to hire said new employee and audhorize the General Manager to sign stated agreement with SAWS for SSLGC to operate the Wells and Well Field, as described in the Agreement. Iof2 Passed and approved this the 19 " day of DECEMBER 2013 ATTEST: &'I �' IC-z" Larry Dublin, Secretary M Robin Dwyer, Assistant Secretary 242 Ken Greenwald, President A RESOLUTION AMENDING THE FISCAL YEAR 2014 SCHERTZ SEGUIN LOCAL GOVERNMENT CORPORATION BUDGET. NOW, THEREFORE, BE IT RESOLVED THAT THE FISCAL YEAR 2014 SCHERTZ SEGUIN LOCAL GOVERNMENT CORPORATION BUDGET IS AMENDED AS FOLLOWS: Schertz- Seguin Local Government Corporation Operating Fund Amount Increase: Increase: $ 52,129 SSLGC SSLGC Charges for Services Professional Services SAWS Well Field Operations Management Services 058- 0000 - 341.90 -00 058- 9000 - 599.32 -18 Reason requested: To increase appropriation for a Water Plant Operator position to be funded fiom reimbursements from SAWS. Schertz- Seguin Local Government Corporation Operating Fund (Seguin) Amount Increase: Increase: $ 19,906 SSGLC SSLGC Charges for Services Salaries Management Services -SSLGC Regular 063 - 0000 - 341.75 -00 063 - 5500 - 537.11 -01 $ 1,000 SSGLC SSLGC Charges for Services Salaries Management Services -SSLGC OvertimelOnc -Call 063 -0000- 341,75 -00 063 - 5500 - 537,11 -20 $ 1,600 SSGLC SSLGC Charges for Services Benefits Management Services -SSLGC Payroll Taxes 063 - 0000 - 341.75 -00 063- 5500 - 537.12 -10 $ 2,613 SSGLC SSLGC Charges for Services Benefits Management Services -SSLGC Retirement 063 - 0000 - 341,75 -00 063 - 5500 - 537.12 -20 $ 4,542 SSGLC SSLGC Charges for Services Benefits Management Services -SSLGC Health Insurance 063 - 0000 - 341.75 -00 063 -5500- 537.12 -30 $ 47 SSGLC SSLGC Charges for Services Benefits Management Services -SSLGC Life Insurance 063 - 0000 - 341.75 -00 063 - 5500 - 537.12 -31 $ 399 SSGLC Charges for Services Management Services -SSLGC 063 - 0000 - 341.75 -00 $ 2,000 SSGLC Charges for Services Management Services -SSLGC 063 - 0000 - 341.75 -00 $ 11000 SSGLC Charges for Services Management Services -SSLGC 063 - 0000 - 341.75 -00 SSLGC Benefits Workers' Compensation 063 - 5500 - 537,12 -40 SSLGC Energy & Fuel Gasoline 063 - 5500 - 537.62 -10 SSLGC Repairs & Maintenance V &E Maint.- Vehicles 063 - 5500 - 537.43 -21 Reason requested: To increase appropriation for a Water Plant Operator position to be funded from reimbursements from SAWS. The Board of Directors of the Schertz- Seguin Local Government Corporation finds that these budget adjustments are required because changes and unforeseen conditions that could not have been anticipated in the original budget. This resolution shall become effective and applicable on the date of its approval and passage. PASSED AND ADOPTED BY THE BOARD OF DIRECTORS OF THE SCHERTZ -SEGUIN LOCAL GOVERNMENT CORPORATION, on this the 19'h day of December, 2013. Ken Gr Greenwald, President Schertz - Seguin Local Government Corporation ATT S Larry Dublin, Secretary Or Robin Dwyer, Assistant Secretary PASSED AND ADOPTED, this 4 °i day of Februaty, 2014. CITY OF SCHERTZ, TEXAS Michael R. Carpenter, Mayor ATTEST: Brenda Dennis, City Secretary i('IIl SI L) WELL FIELD OPERATIONS AGREEMENT This Well Field Operations Agreement ( "Agreement ") is made and entered into by and between Sclrertz /Seguin Local Government Corporation, a Texas non- profit corporation ( "Corporation ") and City of San Antonio by and through its the San Antonio Water System ( "SAWS "), each being a "Party" to this Agreement and collectively being the "Parties" to this Agreement. WHEREAS, the Corporation and the SAWS, together with other parties, entered into that certain Mutual Regional Water Supply Contract dated effective January 1, 2011 (the "WSC "); WHEREAS, under the WSC, SAWS and the Corporation each will be constructing and operating certain water infrastructure as part of an overall water production, treatment, storage and transportation system (the "WSC System ") to bring SAWS Gonzales County Carrizo Aquifer water and Corporation surplus water into the SAWS service area water supply network; WHEREAS, the Parties desire that the Corporation operate certain water wells, pumps and related infrastructure (the "Wells ") owned by SAWS and located on certain properties, depicted on Exhibit A attached hereto and incorporated herein, for which SAWS has entered into a Water Sales Agreement (each, a "WSA ") with the applicable landowner (such properties being collectively the "Well Field "); WHEREAS, the Wells are depicted on Exhibit "A" attached hereto and incorporated herein, and are made up of water wells internally numbered and labeled WG -2, 5, 6, 7, 8, 9, 10, 14 and 15. NOW THEREFORE, in consideration of the mutual covenants and agreements set forth in this Agreement and other good and valuable consideration, the receipt and sufficiency of which are acknowledged, Corporation and SAWS hereby agree as follows: 1) Well Field Operation. The Corporation agrees to operate the Wells for and on behalf of SAWS, which operation shall include: (a) Turning the Wells on and off as required based on operational needs of the system and scheduled water deliveries 24 hours per day. (b) Monitoring the Wells for proper operational conditions through the Corporation's SCADA (Supervisory Control and Data Acquisition) system in cooperation with SAWS who will also have access to all operational data in real time. (c) Manage the quantity of water produced from each Well to maximize the production of the field and operate within the limitations of the SAWS' Gonzales County Underground Water Conservation District permit for the subject wells. An operational scheme shall be developed by the parties and utilized by the Corporation which will allow all Wells to operate near or at their permitted amount. (d) Manage the quality of water produced through the treatment plant by adjusting the combination of individual wells that are operated at any one time. 2) Well Field Inspection. The Corporation agrees to provide inspection of the Wells at a frequency of a minimum of one day per week as follows: (a) During each inspection, the Corporation will complete an Inspection Checklist (attached as Exhibit B). The inspection details and form may be adjusted as needed upon agreement of the parties hereto based on the actual operating conditions of the Well Field. The completed Inspection Checklist will be completed electronically or manually. (b) Every week, the Corporation will send the Inspection Checklist to SAWS via email (attn. SCADAContro lCenterGrorup (gsaws.org, or such successor as SAWS may identify via notice in the manner as provided for in the WSC). (c) Photographs of the Well(s) taken by the Corporation to document any deviation from normal conditions such as a leak, damaged equipment or security breach will be sent immediately with the written report as they are identified. (d) In the event that any necessary maintenance or repair of the Wells is identified during an inspection by the Corporation, the Corporation shall send the Inspection Checklist to SAWS via email immediately after the completion of the inspection. 3) Maintenance and Repair. The Corporation shall promptly notify SAWS telephonically at a number to be provided by SAWS and via email (attn. SCADAControlCenterGroup @saws.org) or such successor as SAWS may identify via notice in the manner as provided for in the WSC) in the event the Corporation's periodic inspection or remote monitoring of the Wells reveal that any maintenance or repair of the Wells is needed. hi the event that SAWS Control Center's remote monitoring of the Wells reveal that any emergency maintenance or repair of the Wells is needed, SAWS will contact the Corporation telephonically at a number to be provided by Corporation or such successor as the Corporation may identify via notice in the manner as provided for in the WSC) and will request that the Corporation address the issue if such work constitutes minor maintenance. SAWS shall be responsible for all major maintenance and repair of the Wells. (a) The Corporation shall perform any minor maintenance and repair of the Wells related to the activities described on Exhibit B and subsection (b) below. (b) Typical minor maintenance under this Agreement shall include tightening of bolts to minimize leaks, adding oil to lubrication system, changing light bulbs, housekeeping of the sites or similar items. (c) Any maintenance performed shall be documented on the Inspection Checklist form (Exhibit B) and sent to SAWS. 2 4) Cooperation. The Corporation shall share with SAWS production data and other information generated or captured by the Corporation regarding operation of the Wells. 5) Conditions of Use. All Corporation personnel entering the Well Field under this Agreement shall be required to obtain identification badges from SAWS Security prior to entry onto the Well Field, and only Corporation employees with such badges may enter upon the Well Field. The Corporation's ingress and egress upon the Well Field shall be limited to existing roads and gates designated by SAWS. The Corporation shall provide SAWS a general weekly entrance occurrence report as the Corporation is operating the Well Field. In the event of an emergency, the Corporation will inform the SCADA Control Center Group as noted above as soon as possible and the SCADA Control Group will inform SAWS Security. 6) Compensation. SAWS agrees to compensate the Corporation on an annual basis (October I- September 30) for providing the above - listed service to SAWS. The annual charge for the period October 1, 2014 through September 30, 2015 shall be $72,250.00. Future October 1- September 30 period's annual payments shall be subject to an annual escalator of 3.25 %. SAWS will render payment to Corporation of the annual charge on a monthly basis with each payment equal to one- twelfth (1/12) of the annual charge. The monthly payment shall be due by the tenth calendar of each month without demand or invoice. The charge from the Effective Date of this Agreement until September 30, 2014 shall be $52,128.75 which the annual charge shall be paid in monthly installments as follows: a payment of $11,584.19 shall be paid by SAWS by February 10, 2014, and payments in the amount of $5,792.08 shall be paid by SAWS from March 10, 2014 through September 10, 2014. 7) Notwithstanding any other provision in this Agreement to the contrary, if Corporation does not receive the monthly installment within thirty (30) days after it is due, the Corporation may, without demand or notice to SAWS, immediately cease performing any services under this Agreement without being in default of this Agreement. In the event of default in timely payment by SAWS and such failure is not cured within thirty (30) days after such payment is due, Corporation may terminate this Agreement immediately. Time is of the essence in this Contract 8) Term. The Term of this Agreement shall begin on January 1, 2014. This Agreement shall partially expire upon the expiration of the term or earlier termination of the applicable WSA for the property upon which each Well is located and shall otherwise continue in full force and effect for all other remaining Wells. This Agreement shall expire and terminate in full upon the 3 earlier of (i) the expiration of the term (as same may be renewed and extended) of the WSC or the earlier termination of the WSC or (ii) expiration of the term or earlier termination of all of the WSA's. Notwithstanding the foregoing, SAWS may terminate this Agreement upon ninety (90) days prior written notice to the Corporation and Corporation may terminate this Agreement upon ninety (90 days prior written notice to SAWS. 9) Indenmity. To the extent allowed by law and the Texas Constitution and without the creation of a sinking fiord, the Corporation agrees to indemnify and hold harmless SAWS for any claim, demand, judgment or loss, including property damage or bodily injury, arising from the negligent acts or omissions of the Corporation and its employees in correction with their activities under this Agreement. To the extent allowed by law and the Texas Constitution and without the creation of a sinking fund, SAWS agrees to indemnify and hold harmless the Corporation for any claim, demand, judgment or loss, including property damage or bodily injury, arising from the negligent acts or omissions of SAWS and its employees in connection with their activities under this Agreement. 10) Notices. Except to the extent otherwise provided in this Agreement, all notices under this Agreement shall be provided in the manner set forth in the WSC. 11) Binding Effect. ffect. This Agreement shall be binding upon and inure to the benefit of Corporation and SAWS and their respective heirs, legal representatives, successors and permitted assigns. 12) No -Assn nrg ient. The rights granted under this Agreement may not be assigned by either Party without the prior consent of the other Party, which consent may be given, withheld or conditioned in such Party's sole discretion. 13) No Real Estate Interest. This Agreement does not grant or convey to the Corporation any easement, license or other interest in real property, and is purely an agreement for services. 14) Counterparts. This Agreement may be executed in counterparts, which shall together constitute one original Agreement. EXECUTED TO BE EFFECTIVE this 1" day of January, 2014. SCHERTZ /SEGUIN LOCAL GOVERNMENT CORPORATION: By: Name: Title: City of San Antonio by and through its SAN ANTONIO WATER SYSTEM: By: Name Title: Rebell R. Puente President & CEO EXHIBIT A Depiction of Wells Q e Ive ...eaedol ROOa ImlOwanM 0 0.250.6 1 1.5 2 2.5 .CoIftwnGyGCm +W1v5 ROM lrtntwemeN Awes Z Exhibit B Inspection Checklist SSLGC WELL INSPECTION ROUNDS DATE 20 Well# #1 #2 43 #4 #5 46 #7 #R 49 #10 #11 #12 FIeW Meter team. M.R. Meter (ren time) xote. Water Level Reading " ss n x n. ss. 11 n1 n n ni a Notes Discharge Pressure Reatlin Hates Oil I Dripper Leaks Nate. Lubricant Levels OK Nnem Packing I.Mng (Nwzl inspection) Nataz Abnomlal Meter Noise xotez Vibration Abnormal Note. Leaking Air Release V.N s notes SCADA Cabinet OK (Awal lnspmRron) Netex Site Fencing Damaged Notmf NOTES /COMMEH. SAWS WELL INSPECTION ROUNDS DATE 20 WELL# #2 #5 #6 #7 #8 #9 #10 #14 #15 Flow Meter QM gpm gpm gpm gpm gpm oFm gpm gpm Notes H.R. Meter (run time) ha hrs 115 nn hot rrs hrs m: hs Notes Water Level Reading Fl. H2O n. Hlo Ft. Hxo H. Hlo R. WO R. Igo R Igo F1. xlu n. HZu Notes Discharge Pressure Reading I o=I wI @I wI wI Ps1 0 R1 Notes Oil / Dripper Leaks Notes Lubricant Levels OK Notes Packing leaking (visual Inspection) Notes Abnormal Motor Noise Notes Vibration Abnormal Notes Leaking Air Release Valve(s) Notes SCADA Cabinet OK (visual inspection) Notes Site Fencing Damaged Notes j t OVERALL NOTES /COMMENTS Agenda No. 6 CITY COUNCIL MEMORANDUM City Council Meeting: February 4, 2014 Department: Public Works Subject: Ordinance No. 14- T -03 —An Ordinance by the City Council of the City of Schertz, Texas authorizing a budget adjustment to establish additional expenditures in the 2013 -14 Budget in the amount of $95,000 related to the purchase of a Vac -Con Vacuum Truck to be funded from the Public Works Equipment Replacement Fund: repealing all ordinances or parts of ordinances in conflict with this ordinance and providing an effective date First Reading. BACKGROUND Public Works requested and received approval in the FY 2013 -14 Budget to purchase a vacuum truck for safer, more sanitary means of cleaning sewer lift- stations owned by the City. Staff researched trucks and budgeted an amount based on proposals received. After budget approval, staff further researched the trucks and found that a larger, more expensive model with more safety and operation features would provide a better long -term investment for the City. The budgeted truck was a 3 -yard capacity and as this would meet our current needs, it will not provide for the long -term future needs of the Department. There was also some safety concerns with the first truck we specified. In order to operate the vacuum portion of the machine, the transmission needed to be engaged. This could result in a safety hazard to the Public Works crews. Staff recommends approval of budget adjustment from the Public Works Equipment Replacement fund in the amount of $95,000 for a total of $300,000 for the purchase of a 2014 V390/1000 Vac -Con Vacuum Truck. The new truck will include enhanced safety features as well as an Inspector Cam Camera System with DVR Recording Device. V390/1000 Vac -Con Vacuum Truck $297,494 Radio, tools, and equipment $2,000 Total $299,494 Goal: To establish $95,000 in additional expenditures in the FY 2013 -14 Budget items related to the purchase of a Vac -Con Vacuum Truck to be funded from the Public Works Equipment Replacement Fund and approval to purchase trick from Buy Board since the expenditure exceeds $50,000. Community Benefit: By purchasing a larger model with more safety and operation features, City funds will be invested in equipment that will provide long -term needs for the City. Summary of Recommended Action: Approve Ordinance No. 14 -T -03 on first and final reading increasing the FY 2013 -14 Budget in the amount of $95,000 for expenses related to the purchase of a Vac -Con Vacuum Truck to be funded from the Public Works Equipment Replacement Fund. FISCAL IMPACT $95,000 additional funds added to the approved $205,000 in the FY 2013 -14 Budget for a total of $300,000. STAFF RECOMMENDATION Staff recommends approval of the budget adjustment Ordinance No. 14 -T -03 on the first reading. ATTACHMENT(S) Ordinance No. 14 -T -03 ORDINANCE NO. 14 -T -03 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING A BUDGET ADJUSTMENT TO ESTABLISH ADDITIONAL EXPENDITURES IN THE FY 2013 -14 BUDGET IN THE AMOUNT OF $95,000 RELATED TO THE PURCHASE OF A VAC -CON VACUUM TRUCK TO BE FUNDED FROM THE PUBLIC WORKS EQUIPMENT REPLACEMENT FUND; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT WITH THIS ORDINANCE AND PROVIDING AN EFFECTIVE DATE WHEREAS, pursuant to Ordinance 13 -T -34, the City of Schertz adopted the budget for the City for the fiscal year 2013 -14, which provides funding for the City's operations throughout the 2013 -14 fiscal year; and WHEREAS, the City needs to adjust the budget to establish additional expenditures in the FY 2013 -14 Budget items related to the purchase of a Vac -Con Vacuum Truck to be funded from the Public Works Equipment Replacement Fund; and WHEREAS, the City staff recommends that the City Council approve this Ordinance increasing the FY 2013 -14 Budget in the amount of $95,000 for the purchase of a Vac -Con Vacuum Truck to be funded from the Public Works Equipment Replacement Fund; and WHEREAS, the City Council of the City has determined that it is in the best interests of the City to adjust the budget to establish $95,000 in additional expenditures in the FY 2013 -14 Budget, as more fully set forth in this Ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS: Section 1. The City shall adjust the FY 2013 -14 Budget to establish $95,000 in additional expenditures related to the purchase of a Vac -Con Vacuum Truck funded by the Public Works Equipment Replacement Fund. 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. PASSED ON FIRST READING, this the 4th day of February, 2014. PASSED AND APPROVED ON FINAL READING, this the of February, 2014. ATTEST: Brenda Dennis, City Secretary (CITY SEAL) CITY OF SCHERTZ, TEXAS Michael R. Carpenter, Mayor -2-