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03-25-2014 Agenda with BackupCity Council REGULAR SESSION CITY COUNCIL March 25, 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 — City Council Regular Session Invocation and Pledges of Allegiance to the Flags of the United States and State of Texas. (Youth Minister Jon Wilson, Cibolo Valley Baptist Church) City Events and Announcements • Announcements of upcoming City Events (J. Bierschwale /B. James) • Announcements and recognitions by City Manager (J. Kessel) Hearing of Residents This time is set aside for any person who wishes to address the City Council. Each person should fill out the speaker's register prior to the meeting. Presentations should be limited to no more than 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, 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. Discussion and Action Items Minutes - Consideration and /or action regarding the approval of the minutes of the regular meeting of March 18, 2014 (J. Kessel /B. Dennis) 03 -25 -2014 Council Agenda 2. Resolution No. 14 -R -26 — Consideration and /or action approving a Resolution authorizing a Temporary Construction Easement Agreement with Joan Blanchard for the use, benefit, and control of the City of Schertz for the Town Creek Sewerline Extension Phase III Project on FM 482, and other matters in connection therewith. (B. James/K. Woodlee /L Busch) 3. Resolution No. 14 -R -30 — Consideration and/or action approving a Resolution authorizing an additional Engineering Services Agreement with Ford Engineering, Inc., related to engineering and design for the Town Creek Sewer extension Phase III project on FM 482, and other matters in connection therewith. (B. James /K. Woodlee /L. Busch) 4. Resolution No. 14 -R -29 — Consideration and /or action approving a Resolution authorizing Amendment No. 1 to the Economic Development Incentive Agreement among the City of Schertz, Texas, The City of Schertz Economic Development Corporation, Guadalupe County, Texas, and Amazon.com.kydc LLC. (J. Kessel /D. Gwin) Roll Call Vote Confirmation Requests and Announcements 5. Announcements by City Manager • Citizen Kudos • Recognition of City employee actions • New Departmental initiatives 6. Requests by Mayor and Councilmembers that items be placed on a future City Council agenda. 7. 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 8. Information available in City Council packets — NO DISCUSSION TO OCCUR • Speed Issues on Lower Seguin Road and Pfeil Road update Executive Session 9. City Council will meet in closed session under section 551.087 Texas Government Code, Deliberation regarding Economic Development Negotiations with business prospect E -001. 03 -25 -2014 City Council Agenda Page - 2 - Reconvene into Regular Session 9.a. Take any necessary action based on discussions held in closed session under Agenda Item number 9. 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 20" DAY OF MARCH 2014 AT 5:00 P.M., WHICH IS A PLACE READILY ACCESSIBLE TO THE PUBLIC AT ALL TIMES AND THAT SAID NOTICE WAS POSTED IN ACCORDANCE WITH CHAPTER 551, TEXAS GOVERNMENT CODE. grevLda pevwds renda Dennis CPM, TRMC, MMC, City Secreta 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. If you require special assistance or have a request for sign interpretative services or other services please call 210 - 619 -1030. 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 body 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 Scagliola — Place 2 Audit Committee Animal Control Advisory Committee 03 -25 -2014 City Council Agenda Page - 3 - Hal Baldwin Scholarship Committee Cibolo Valley Local Government Corporation Interview Committee for Boards and Commissions Schertz Seguin Local Government Corporation Investment Advisory Committee Interview Committee for Boards and Commissions TIRZ II Board Sweetheart Advisory Committee Councilmember Fowler — Place 1 Councilmember John - Place 3 Interview Committee for Boards and Commissions Schertz Housing Board Liaison Randolph Joint Land Use Study (JLUS) Executive Committee Councilmember 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 03 -25 -2014 City Council Agenda Page - 4 - Agenda No. 1 CITY COUNCIL MEMORANDUM City Council Meeting: March 25, 2014 Department: Subject: BACKGROUND City Secretary Minutes The City Council held a regular meeting on March 18, 2014. FISCAL IMPACT None RECOMMENDATION Staff recommends Council approve the minutes of the regular meeting on March 18, 2014. ATTACHMENT Minutes — regular meeting March 18, 2014 MINUTES REGULAR MEETING March 18, 2014 A Regular Meeting was held by the Schertz City Council of the City of Schertz, Texas, on March 18, 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 Jim Fowler Councilmember Cedric Edwards Staff Present: Executive Director John Bierschwale Chief of Staff Bob Cantu City Secretary Brenda Dennis Mayor Pro -Tern David Scagliola Councilmember Daryl John Councilmember Matthew Duke City Manager John Kessel Executive Director Brian James City Attorney Charles Zech 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 Flays of the United States and the State of Texas Pastor Andy Hostetler, Discovery Church, provided the invocation followed by the Pledges of Allegiance to the Flags of the United States and the State of Texas. City Events and Announcements CI • Announcements of upcoming City Events (J. Bierschwale/B. James) Mayor Carpenter recognized Executive Director Brian James who provided the following announcements and upcoming events: • Wednesday, March 19, 2014, Community Pre - Budget Presentation, City Council Chambers, 6:00 p. . • Thursday, March 20, 2014, Employee Remembrance Day, Noon, 10 Commercial Place. • Thursday, March 20, 2014, "The Taste -Down Home" presented by HEB & The Chamber, Schertz Civic Center, 5:00 p.m. — 8 p.m. Tickets available at Schertz Chamber offices. • Friday, March 21, 2014, SCUCISD Education Foundation Golf Tournament, 11:30 a.m., Olympia Hills Golf & Conference Center, Universal City. If interested in playing, please let Mr. James know this evening. • Friday, March 21, 2014, TML Region 7 Meeting, Training begins at 3:30 p.m., Reception 5:00 p.m., Dinner 6:00 p.m., Leon Civic Center, Uvalde, 324 E. Main Street. • Saturday, March 22, 2014, Schertz United Methodist Church, Cleanup and donate sell -able items, 3460 Roy Richard Drive. 03 -18 -2014 Minutes Page - 1 - • Announcements and recognitions by City Manager (J. Kessel) Mayor Carpenter recognized City Manager John Kessel who recognized all City Staff. Mr. Kessel stated that as reported by the San Antonio Business Journal, the City of Schertz was recently named by NerdWallet, a consumer advocacy website in San Francisco, California as the 5th fastest City on the rise in Texas. They evaluated 126 cities, towns and census - designated places in Texas for this Study. They used a three part matrix, one was population growth, second was employment growth and the third was income growth. Among the top 10 were The Woodlands, Mansfield, Del Rio, Big Spring, Schertz, University Park, College Station, Mission, Greenville, and Nacogdoches. Mayor Carpenter and Council recognized and congratulated all City staff for making this happen. Mayor Carpenter also stated that in the publication they referenced the City of Schertz is also number 5 for homeownership in the State of Texas. t I%h, Hearing of Residents: Mayor Carpenter recognized the following who spok Mrs. Maggie Titterington, Schertz Chamber President, the Chamber's upcoming events: [tion on • Thursday, March 20, 2014, The Taste "Down Home" event, Schertz Civic Center, 5:00 to 8:00 p.m., discount tickets on sale until Wednesday, March 19, 2014, $13.00 for adults and $8.00 for kids. Tickets will also be on sale at the door $15.00 for adults and $10.00 for kids. VI& Arl' • Wednesday, March 26, 2014, Grand opening an ibbon Cutting, Gunn Chevrolet, 16550 IH 35 North, 11:00 a.m. • Friday, March 28, 2014, Employer Compliance Workshop, Schertz Chamber, 8:00 a.m. to 12:00 p.m. • Tuesday, April 1, 2014, Grand opening and Ribbon Cutting, Fit for Work, LLC, 17325 Bell North Drive, Ste 2A, 11:30 a.m. Mayor Carpenter read the captions for the consent agenda items 1 through 5. Mayor Carpenter recognized Councilmember Fowler who requested agenda item 2 be removed for separate action. Councilmember Edwards requested the minutes be removed and Mayor Pro -Tem Scagliola requested agenda item 4 be removed for separate action. Council concurred. IqW Mayor Carpenter stated that the consent agenda now stands at items 3 and 5. Consent Agenda Ite 3. Resolution No. 14 -R -24 — Consideration and/or action approving a Resolution authorizing an agreement for a Public Utility Easement and Temporary Construction Easement along Maske Road from the Estate of Betty Joe Boggess in connection with the Maske Road Waterline Project, and other matters in connection therewith. (J. Bierschwale /S. Willoughby) The following was read into record: 03 -18 -2014 Minutes Page - 2 - 5. RESOLUTION NO. 14 -R -24 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS APPROVING AND AUTHORIZING AN AGREEMENT FOR A PUBLIC UTILITY EASEMENT AND TEMPORARY CONSTRUCTION EASEMENT ALONG MASKE ROAD FROM THE ESTATE OF BETTY JOE BOGGESS IN CONNECTION WITH THE MASKE ROAD WATERLINE PROJECT, AND OTHER MATTERS IN CONNECTION THEREWITH Ordinance No. 14 -T -13 — Consideration and/or action approving an Ordinance authorizing a budget adjustment for the Development Incentive Fund for the Development Agreement, GE Oil and Gas, Inc. incentive; repealing all Ordinances or Parts of Ordinances in conflict with this Ordinance; and providing an effective date. (J. Kessel/D. Gwin) Final Reading The following was read into record: ORDINANCE NO. 14 -T -13 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHJRTZ, TEXAS AUTHORIZING A BUDGET ADJUSTMENT TO THE DEVELOPMENT INCENTIVE FUND FOR THE DEVELOPMENT AGREEMENT, GE OIL & GAS INC. INCENTIVE; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT WITH THIS ORDINANCE; AND PROVIDING AN EFFECTIVE DATE Mayor Carpenter recognized Councilmember Edwards, who moved, seconded by Mayor Pro- Tern Scagliola, to approve consent agenda items 3, and 5. The vote was unanimous with Mayor Pro -Tem Scagliola, Councilmembers Fowler, John, and Edwards voting yes and no one voting no. Councilmember Duke was absent. Motion Carried. Discussion and Action Items 1. Minutes - Consideration and /or action regarding the approval of the minutes of the regular meeting of March 11, 2014 (J. Kessel/B. Dennis) Mayor Carpenter recognized Mayor Pro -Tem Scagliola, who moved, seconded by Councilmember Edwards, to approve the minutes of March 11, 2014. The vote was unanimous with Mayor Pro -Tem Scagliola, Councilmembers Fowler, John, and Edwards voting yes and no one voting no. Councilmember Duke was absent. Motion Carried 2. Resolution No. 14 -R -23 — Consideration and/or action approving a Resolution authorizing an agreement between the City of Schertz and Green Valley Special Utility District with respect to the boundary lines of the Certificates of Convenience and necessity held by each provision of water service to users pursuant to the Texas Water Code, and other matters in connection therewith. (J. Bierschwale /S. Willoughby) The following was read into record: 03 -18 -2014 Minutes Page - 3 - RESOLUTION NO. 14 -R -23 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS APPROVING AND AUTHORIZING AN AGREEMENT BETWEEN THE CITY AND GREEN VALLEY SPECIAL UTILITY DISTRICT WITH RESPECT TO THE BOUNDARY LINES OF THE CERTIFICATES OF CONVENIENCE AND NECESSITY HELD BY EACH PROVISION OF WATER SERVICE TO USERS PURSUANT TO THE TEXAS WATER CODE, AND OTHER MATTERS IN CONNECTION THEREWITH Mayor Carpenter recognized Councilmember Fowler who stated he requested this item be removed from consent so that they could look at the map showing the amount of property involved. Councilmember Fowler stated that he completely understands what the City is doing, and agrees to approve this item. Mayor Carpenter recognized Assistant Public Works D ector Jimmy Hooks who introduced this item stating that this is transferring the CCN to the City of Schertz. He stated that this item was going to the Green Valley Special Utility District Board for approval as well. Mayor Carpenter recognized Councilmember Fowler, who moved, seconded by Councilmember Edwards, to approve Resolution No. 14 -R -23. The vote was unanimous with Mayor Pro -Tem Scagliola, Councilmembers Fowler, John, and Edwards voting yes and no one voting no. Councilmember Duke was absent. Motion Carried 4. Resolution No. 14 -R -27 — Consideration and /or action approving a Resolution in support of the future construction of a highway overpass at County Club Drive and Interstate Highway 35, and other matters in connection therewith. (B. James /K. Woodlee) The following was read into record: RESOLUTION NO. 14 -R -27 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS, IN SUPPORT OF THE FUTURE CONSTRUCTION OF A HIGHWAY OVERPASS AT COUNTRY CLUB DRIVE AND INTERSTATE HIGHWAY 35 AND OTHER MATTERS IN CONNECTION THEREWITH Mayor Carpenter recognized Executive Director Brian James who introduced this item stating that as Council may recall a citizen from the Northcliffe /Scenic Hills neighborhood addressed concerns that the neighbors had to drive so far down the frontage road headed north bound in' -order to turn around and come back to access IH 35. He stated that staff has been in conversations with TxDOT to understand their processes and how they work through the MPO rank order items. This resolution makes TxDOT aware that the residents are requesting the overpass and that the City is requesting TxDOT evaluate this need. Mr. James stated the Engineering Department will be contracting with a professional engineering consultant during this year to perform an update of the City's Master Thoroughfare Plan. The update will address changes to align the plan with the recently adopted comprehensive Sector Plan as well as addressing transportation facility needs, costs, 03 -18 -2014 Minutes Page - 4 - and benefits across the City. Transportation projects including a potential overpass, construction of a free - flowing north -to -south turnaround on the IH 35 frontage road at Schwab Road, alternative routes, and others will be considered and prioritized on a City -wide basis. Mayor Carpenter recognized Mayor Pro -Tem Scagliola who stated he wanted to clarify that the City is not obligated to construct the overpass, nor is there money set aside, and that this resolution only supports and solicits TxDOT to look into this to be included on their Thoroughfare plan. Mayor Carpenter recognized Councilmember Edwards who stated that whether this happens during their tenure or the next, this is a smart plan moving forward. He stated that today they heard from TxDOT and they had no plans on expanding FM 1103. The placement of the overpass would alleviate some of the traffic issues but the City is not by any means saying that this is going to happen now. y Mayor Carpenter recognized Councilmember Edwards, who moved, seconded by Mayor Pro - Tem Scagliola, to approve Resolution No. 14 -R -27. The vote was unanimous with Mayor Pro -Tem Scagliola, Councilmembers Fowler, John, and Edwards voting yes and no one voting no. Councilmember Duke was absent. Motion Carried Requests and Announcements 6. Announcements by City Manager • Citizen Kudos • Recognition of City employee actions • New Departmental initiatives Mayor Carpenter recognized City Manager John Kessel who stated that at the Chamber meeting today the Cities heard from TxDOT and there is a lot of news. There is more demand for TxDOT projects and there is funding state wide and for our area. One project that the City has been working closely on is the sidewalks along FM 3009. Mr. Bean with TxDOT had mentioned he believes this project may have passed the technical committee. This would be a significant step taken toward this effort as the City has been working on this for several years. Mr. Kessel stated that there is a meeting Monday which the City will attend to in fact ensure that the funding takes place. 7. Requests by _ "and Councilmembers that items be placed on a future City Council agenda. 4° Mayor Carpenter recognized Mayor Pro -Tem Scagliola who requested a discussion and update regarding the developments and transition plans of operations at the Schertz Area Senior Center. Mayor Pro -Tem Scagliola also requested a discussion item regarding the existing R6 zoning as well as other areas in the City that is not consistent with our zoning plan. 03 -18 -2014 Minutes Page - 5 - Mayor Carpenter asked Mayor Pro -Tem Scagliola what time frame, Mayor Pro -Tem Scagliola stated at the convenience of staff. Councilmember Edwards stated as a piggy -back on the discussion of the zoning he would also like staff to include information on an entertainment district. Councilmember Edwards also agreed to have this item come at the convenience of staff. Councilmember Fowler requested a discussion item be placed on a future agenda regarding the status of the contract with YMCA on the swimming pool project. City Manager John Kessel stated that YMCA and our attorney are reviewing it, and until then he would like to wait on discussions in open forum, but we could schedule something in executive session until that time. � 8. Announcements by Mayor and Councilmembers • City and community events attended and to be attended • City Council Committee and Liaison Assignments (see a • 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 Sea liola who stated he attended the following events: `+ • Schertz Chamber Luncheon, Tuesday, March 1 014 • Schertz Skate Park Opening, Tuesday, March 18, 2014 Councilmember Duke arrived at 6:23 p.m. -_ Mayor Carpenter recognized Councilmember Fowler who stated he attended the following events: • Alamo Area Development Corporation Board of Directors Meeting, March 12, 2014 • Schertz Chamber Luncheon, Tuesday, March 18, 2014 • Schertz Skate Park Opening, Tuesday, March 18, 2014 Mayor Carpenter recognized that he passed over the Roll Call Vote Confirmation part of the agenda and moved to that item. Roll Call Vote Confirmation Mayor Carpenter recognized Deputy City Secretary Donna Schmoekel who recapped the votes of items 1 through 5. Mayor Carpenter moved back to the City Council announcements section of the agenda. 8. Announcements by Mayor and Councilmembers 03 -18 -2014 Minutes Page - 6 - Mayor Carpenter recognized Councilmember Edwards who stated he attended the following events: • Schertz Chamber Luncheon, Tuesday, March 18, 2014 • Schertz Skate Park Opening, Tuesday, March 18, 2014 Mayor Carpenter mentioned that yesterday Councilmember Jim Fowler celebrated his 75th birthday. Mayor and Council wished Councilmember Fowler a belated birthday, and adjourned the meeting to have birthday cake. Adjournment As there was no further business, the meeting was adjourned at 6:29 p.m. ATTEST: City Mayor, Michael 03 -18 -2014 Minutes Page - 7 - City Council Meeting: Department: Subject: BACKGROUND Agenda No. 2 CITY COUNCIL MEMORANDUM March 25, 2014 Public Works Resolution No. 14 -R -26 — A Resolution by the City Council of the City of Schertz, Texas authorizing a Temporary Construction Easement Agreement with Joan Blanchard for the use, benefit, and control of the City of Schertz for the Town Creek Sewerline Extension Phase III Project on FM 482, and other matters in connection therewith In 2007 the City of Schertz sold bonds for the Town Creek Sewerline Project to provide sewer service to areas on the northwest side of IH 35. Phases I and II are complete. Phase III design and easements acquisition are in process. Staff has met with property owners regarding the granting of permanent and temporary construction easements for the project. Goal Approval of a Temporary Construction Easement Agreement with Joan Blanchard to aid in the completion of the Town Creek Sewerline Extension Phase III Project on FM 482. Community Benefit The construction easement will aid in extending the Town Creek Sewerline along FM 482 providing services to residents and business in the area. Summary of Recommended Action City staff recommends approval of Resolution Number 14 -R -26 granting a Temporary Construction Easement Agreement with Joan Blanchard for the completion of the Town Creek Sewerline Extension Phase III Project on FM 482. FISCAL IMPACT $163 for the acquisition of the temporary construction easement. To be paid for from the Town Creek Bond Funds. RECOMMENDATION Approval of Resolution No. 14 -R -26 ATTACHMENT(S) Resolution No. 14 -R -26 Temporary Construction Easement Agreement RESOLUTION NO. 14 -R -26 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING A TEMPORARY CONSTRUCTION EASEMENT AGREEMENT WITH JOAN BLANCHARD FOR THE USE, BENEFIT, AND CONTROL OF THE CITY OF SCHERTZ FOR THE TOWN CREEK SEWERLINE EXTENSION PHASE III PROJECT ON FM 482, AND OTHER MATTERS IN CONNECTION THEREWITH WHEREAS, the City staff of the City of Schertz (the "City ") has recommended that the City execute and deliver one (1) temporary construction easement (collectively the "Temporary Construction Easement Agreement ") with the Joan Blanchard for the use, benefit, and control of the City; and WHEREAS, the City is constructing a sewerline extension on FM 482 and the easements are necessary to complete the project; and WHEREAS, the City Council has determined that it is in the best interest of the City to execute the Temporary Construction Easement Agreement attached hereto as Exhibit A. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS THAT: Section 1. The City Council hereby authorizes the City Manager to execute and deliver the Temporary Construction Easement Agreement in substantially the form set forth on Exhibit A, with such minor modifications that may be authorized by the City Manager, in consultation with the City Attorney, provided that no such modifications shall be contrary to, or inconsistent with the Temporary Construction Easement Agreement attached hereto. Section 2. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Resolution for all purposes and are adopted as a part of the judgment and findings of the City Council. Section 3. All resolutions, or parts thereof, which are in conflict or inconsistent with any provision of this Resolution are hereby repealed to the extent of such conflict, and the provisions of this Resolution shall be and remain controlling as to the matters resolved herein. Section 4. This Resolution shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 5. If any provision of this Resolution or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Resolution and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City Council hereby declares that this Resolution would have been enacted without such invalid provision. Section 6. It is officially found, determined, and declared that the meeting at which this Resolution is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Resolution, was given, all as required by Chapter 551, Texas Government Code, as amended. Section 7. This Resolution shall be in force and effect from and after its final passage, and it is so resolved. PASSED AND ADOPTED, this 25th day of March, 2014. CITY OF SCHERTZ, TEXAS Michael R. Carpenter, Mayor ATTEST: Brenda Dennis, City Secretary (CITY SEAL) 50715776.2 EXHIBIT A TEMPORARY CONSTRUCTION EASEMENT AGREEMENT 50715776.2 A -1 NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OF THE FOLLOWING INFORMATION FROM THIS INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. TEMPORARY CONSTRUCTION EASEMENT FOR THE C7I Y OF SCHERTZ, TEXAS STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS COUNTY OF BEXAR § WHEREAS, on the 14th day of November, 2008, the City of Schertz, a Texas home rule municipality, with offices at 1400 Schertz Parkway, Schertz, Bexar County, Texas, 78154 (hereinafter referred to as "Grantee "), was granted easement rights pursuant to an easement which is filed of record in Volume 573, Page 626 of the Real Property Records of Bexar County, Texas (the "Permanent Easement "); and WHEREAS, Grantee now requires a 25 -foot wide temporary construction easement (hereinafter referred to as "Temporary Construction Easement ") adjacent to the Permanent Easement to perform construction activities on the sewer line located within the Permanent Easement; and WHEREAS, Joan Blanchard, a single person, whose address is 226 Royal Oaks, San Antonio, Bexar County, Texas (hereinafter referred to as "Grantor "), desires to grant Grantee a Temporary Construction Easement on its property and alongside the Permanent Easement for said purposes. NOW THEREFORE, the Grantor for and in consideration of the amount of Ten Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, to Grantor in hand paid by Grantee, Grantor hereby grants a Temporary Construction Easement over and across Grantor's lands adjacent to the Permanent Easement, and as more particularly described on the attached Exhibit "A ", for all things necessary for the entering and installation of sewer lines, facilities and the appurtenances thereto ( "Improvements "). The Temporary Construction Easement herein granted is subject to the following terms, agreements, reservations, conditions, covenants, limitations, and exceptions: This conveyance is made and accepted subject to any and all restrictions, covenants, conditions, reservations, setback lines and easements, if any, now outstanding and of record in Bexar County, Texas, and to all zoning laws, regulations and ordinances of municipal and /or governmental authorities, if any, but only to the extent that they are still in effect, relating to the hereinabove described Temporary Construction Easement. 2. The easements, rights, and privileges granted hereby shall be for the benefit of and be restricted solely to the parties hereto provided, however, the foregoing shall not be deemed to limit or restrict Grantee's ability to retain and utilize contractors and subcontractors to perform work in the Temporary Construction Easement. No easements, except those expressly set forth herein, shall be implied by this agreement The Temporary Construction Easement shall terminate upon the earlier to occur of (a) completion of construction of the aforesaid Improvements; (b) the written agreement of both parties; or (c) March 28, 2015. Page 1 of 4 4. No storage and /or staging of materials and /or equipment is allowed within the Temporary Construction Easement. 5. Once construction of the Improvements begins, Grantee shall be responsible for maintaining the Easement Property(s) in a neat and clean condition until such time as said temporary easement is terminated. 6. Grantor reserves for Grantor and Grantor's successors and assigns the right to continue to use and enjoy the surface of the Temporary Construction Easement for all purposes which do not interfere with or interrupt the use or enjoyment of the Temporary Construction Easement by Grantee. 7. Upon completion of Improvements Grantee shall return the surface of the Temporary Construction Easement to its original preconstruction condition. 8. If either party brings or commences any legal action or proceeding to enforce any of the terms of this Temporary Construction Easement the prevailing party in such action shall be entitled to the recovery of all costs and expenses of litigation, including, without limitation, reasonable attorneys' fees, court costs, and costs of appeal. 9. This Temporary Construction Easement shall be governed and construed in accordance with the laws of the State of Texas. The parties agree that the venue shall be proper in Bexar County, Texas. 10. This Temporary Construction Easement may not be modified except in writing signed by the parties hereto. 11. This Temporary Construction Easement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which shall constitute one and the same instrument. 12. Nothing in this Temporary Construction Easement shall affect the validity, effectiveness, or modify the terms of the Permanent Easement, which remains in full force and effect. 13. The recital contained in the preamble of this Temporary Construction Easement are hereby found to be true, and such recitals are hereby made a part of this Temporary Construction Easement for all purposes. And Grantor does hereby bind itself, its legal representatives, successors and /or assigns to warrant and forever defend all and singular the above described easement and rights unto the said Grantee, to have and to hold, it successors and assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof, by, through, or under Grantor, but not otherwise, subject, however, to the matters set forth herein. EXECUTED to be effective as of the day of [Signatures on the following pages] Page 2 of 4 20 (the "Effective Date ") EXECUTED as of the date of the acknowledgement to be effective, however, as of the Effective Date. GRANTOR: CITY OF SCHERTZ, TEXAS I: ATTEST: Brenda Dennis, City Secretary THE STATE OF TEXAS COUNTY OF BEXAR John Kessel, City Manager This instrument was acknowledged before me on this the day of 320 , by JOHN KESSEL, the City Manager of the City of Schertz, Texas. (SEAL) NOTARY PUBLIC, STATE OF TEXAS Printed Name of Notary: My Commission Expires: Page 3 of 4 GRANTEE: llJ By: AN BLANCHARD, Property Owner THE STATE OF TEXAS COUNTY OF BEXAR This instrument was acknowledged before me on this the I LI day of , 20 , by JOAN BLANCHARD, Property Owner. (SE q 0. -�` Jennifer Jones �A V"Ut'e\ 90 / "Z kf'\ Notary lezas OT PUBLI , T TE O EXAS sfa�cofTexss Eupires:01.10 -2016 'ted e of N T sion Expires: Page 4 of 4 EXHM ll GG A99 Legal Description of Temporary Construction Easement N im Im FORD ENGINEERING,- INC. Date: February 6, 2014 Page I of 2 Project No: 1124.2603 25 foot Temporary Construction Easement A 0.234 acre (10,194.1 sq. ft.) temporary construction easement situated in the Rafael Garza Survey No. 98, Abstract No. 175 and being a portion of that certain 65.449 acre tract of land conveyed to Joan Blanchard recorded in Volume 573, Page 626 of the Deed Records of Comal County, Texas and being more particularly described as follows: BEGINNING: at a point on the Northernmost Western line of the said 65.449 acre tract, the Eastern line of that certain 5.93 acre tract of land conveyed to Joseph Hendrix recorded in Document No. 200306034249 of the Official Public Records of Comal County, Texas, from which a '/4 inch iron rod found on the Southeastern line of Farm Marked Road No. 482 for the Northwestern corner of the said 65.449 acre tract, the Northeastern corner of the said 5.93 acre tract bears N 30 °08'55" W — 159.91 feet; THENCE: N 03 °46'39" W — 83.55 feet across the said 65.449 acre tract to a point for a corner of this easement; THENCE: N 25 122'51" E — 131.63 feet continuing across the said 65.449 acre tract to a point on the Northwestern line of the said 65.449 acre tract, the Southeastern line of said Farm Market Road No. 482, for a corner of this easement; THENCE: N 63 °59'48" E — 38.52 feet along the Northwestern line of the said 65.449 acre tract, the Southeastern line of said Farm Market Road No. 482 to a point for a corner of this easement; THENCE: S 30'05'15" E —16.67 feet across the said 65.449 acre tract to a point on the Northwestern line of a 15 foot sanitary sewer easement, Part One, recorded in Volume 784, Page 250 of the Deed Records of Comal County, Texas, for a comer of this easement; THENCE: S 59 °54'45" W — 22.54 feet along the Northwestern line of the said 15 foot sanitary sewer easement to a point for a corner of the said sanitary sewer easement, for a corner of this easement; THENCE: S 25 °22'51" W — 127.21 feet continuing along the Northwestern line of the said 15 foot sanitary sewer easement to a point for a comer of the said sanitary sewer easement, for a corner of this easement; THENCE: S 03 °46'39" E — 71.19 feet continuing along the Western line of the said 15 foot sanitary sewer easement to a point for a corner of this easement; 10927 WYE DRIVE, SUITE 104, SAN ANTONIO, TEXAS 78217 (210) 590 -4777 FAX: 590 -4940 1- 800 - 332 -3109 Web Site: www.fordengineering.com TBPE No. F -1162 r FORD ENGINEERING, INC. Page 2 of 2 THENCE: S 30 °08'55" E — 176.47 feet across the said 65.449 acre tract and crossing the said 15 foot sanitary sewer easement to a point for the Southeastern comer of this easement; THENCE: S 59'48'14" W — 25.00 feet continuing across the said 65.449 acre tract to a point on the Western line of the said 65.449 acre tract, the Eastern line of the said 5.93 acre tract for the Southwestern comer of this easement; THENCE: N 30 °08'55" W — 182.34 feet along the said line to the POINT OF BEGINNING and containing 0.234 acre (10,194.1 sq. ft.) of land; according to a survey made under my supervision. Corresponding plat prepared. 1124.260304 Blanchard Temp Esmt. REVISED 02 -27 -2014 i� Rex L. Hackett Registered Professional Land Surveyor License Number 5573 10927 WYE DRIVE, SUITE 104, SAN ANTONIO, TEXAS 78217 (210) 590 -4777 FAX: 590 -4940 1- 800 -332 -3109 Web Site: www.fordengineering.com TBPE No. F -1162 1" = 100' / y / GRERP�591. � JOSEPH HENr 5.93 ACRES DOC. NO. 200306034249 STATE OF TEXAS: COUNTY OF COMAL : f r0, N QpgS 6 1s�voi 05 ° SURVEY No. 98 25' TEMP CONST. ESMT. A-176 0.234 Acres 10,194.1 Sq. Feet \� L Joan Blanchard 65.449 ACRES VOL 573, PC. 626 LINE BEARING DISTANCE L1 N 03'46'39" W 83.55' L2 N 25'22'51 " E 131.63' L3 N 63'59'48" E 38.52' L4 S 30'05'15" E 16.67' L5 S 59'54'45" W 22.54' L6 S 25'22'51 " W 127.21' L7 S 03'46'39" E 71.19' L8 S 30'08'55" E 176.47' L9 S 59'48'14" W 25.00' 1-10 1 N 30'08'55" W tl 82.34' I, REX L. HACKETT, DO HEREBY CERTIFY THAT PLAT SHOWING THIS PLAT WAS PREPARED FROM AN ACTUAL SURVEY MADE ON THI= ROTND UNDER MY SUPERVISION. 0.234 AC. — 10,194.1 SQ. FT. TEMPORARY CON ST. ESMT. SITUATED IN THE RAFAEL GARZA SURVEY NO. 98, ABSTRACT NO. 175, BEING A PORTION OF THAT CERTAIN _ RTiX`L HACKET'T ��P•G�sTER.. 65.449 ACRE TRACT OF LAND CONVEYED DATE: 02 -06 -2014 •*:e.••••.••....0 TO JOAN BLANCHARD RECORDED IN PROJECT NO.: 1124.260304 TEMP REX L. HACKETT VOLUME 573, PAGE 626 OF THE DRAWN BY: R.L.H. 55 ""73 " ' OFFICIAL PUBLIC RECORDS OF REVISED 02 -27 -2014 �.�n ^ Q�., COMAL CO., TEXAS D y 9.� 6�»" .1id(1�6it 01 = FORD ENGINEERING INC. ENGINEERING PLANNING DEVELOPMENT 10927 WYE DRIVE, SUITE 104, SAN ANTONIO, TEXAS 78217, (210) 590 -4777 of Iona] rs Agenda No. 3 CITY COUNCIL MEMORANDUM City Council Meeting: March 25, 2014 Department: Public Works Subject: Resolution No. 14 -R -30 — A Resolution by the City Council of the City of Schertz, Texas authorizing an additional Engineering Services Agreement with Ford Engineering, Inc. related to engineering and design for the Town Creek Sewer Extension Phase III Project on FM 482, and other matters in connection therewith BACKGROUND In 2007 the City of Schertz sold bonds for the Town Creek Sewer Project to provide sewer service to areas northwest of IH 35. Phases I and II are complete. Phase III easement acquisitions are almost complete. During the design process, it was determined that the originally planned alignment was problematic. The alignment included a segment of line within a Texas Department of Transportation (TXDoT) right -of -way. When assessing the feasibility of construction, it was learned that TXDoT requirements for construction would be cost - prohibitive. A new alignment was identified. Although more efficient than the original alignment, a significant challenge of the current route is the fact that a segment of line will need to be supported aboveground. Design of the aboveground segment involves additional engineering services not included in the initial scope of services. The additional services include further surveying, geotechnical and structural design services. Also included in the additional engineering services agreement is the subcontracting of construction materials testing services. Remaining Budget Engineering $39,330 Advertising $500 Legal $500 Contingency $4000 Construction $622,512 Project Total $666,842 Goal Approval of Resolution Number 14 -R -30 provides for the additional engineering services related to the realignment. Community Benefit The new sewer main will extend the Town Creek Sewer along FM 482 providing services to residents and businesses in the area. Summary of Recommended Action City staff recommends approval of Resolution Number 14 -R -30 additional engineering services related to the Town Creek Sewer Extension Phase III Project on FM 482. FISCAL IMPACT Additional Engineering Services for the project in the amount of $39,330. Funded out of the Town Creek Sewer Bond Funds. RECOMMENDATION Approval of Resolution No. 14 -R -30 ATTACHMENT(S) Resolution No. 14 -R -30 Exhibit A: Additional Engineering Services Agreement Phase III Realignment Map Exhibit RESOLUTION NO. 14 -R -30 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING AN ADDITIONAL ENGINEERING SERVICES AGREEMENT WITH FORD ENGINEERING, INC., RELATED TO ENGINEERING AND DESIGN FOR THE TOWN CREEK SEWER EXTENSION PHASE III PROJECT ON FM 482, AND OTHER MATTERS IN CONNECTION THEREWITH WHEREAS, the City of Schertz, Texas (the "City ") has a design for the Town Creek Sewer Extension Phase III (the "project ") from Ford Engineering, Inc; and WHEREAS, the City has a need to realign the sewer extension thereby changing the scope of work for the project; and WHEREAS, the City staff has recommended that the City enter into an additional Engineering Services Agreement with Ford Engineering, Inc. for the Town Creek Sewer Extension Phase III; and WHEREAS, the City Council has determined that it is in the best interest of the City to enter into an additional Engineering Services Agreement attached hereto as Exhibit A. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS THAT: Section 1. The City Council hereby authorizes the City Manager to execute and deliver the additional Engineering Services Agreement with Ford Engineering, Inc. 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 25th day of March, 2014. CITY OF SCHERTZ, TEXAS Michael R. Carpenter, Mayor ATTEST: Brenda Dennis, City Secretary (CITY SEAL) 50715776.2 EXHIBIT A TEMPORARY CONSTRUCTION EASEMENT AGREEMENT 50715776.2 A -1 FORD ENGINEERING, INC. March 14, 2014 City of Schertz Public Works 10 Commercial Place Schertz, Texas 78154 Attn: Mr. Sam Willoughby Director of Public Works Re: 1124.260302 - FM 482 Gravity Sewer Main - Additional Engineering Services We are pleased to provide this proposal to provide professional engineering services to the City of Schertz for FM 482 Gravity Sewer Main project. Project Scope The City has requested a change in the proposed alignment for the FM 482 Gravity Sewer Main between the tie -in point at the Blanchard property and the Ralph Marcantonio property. The realigned sanitary sewer will cross the Marcantonio, Crisler, and Hendrix properties and tie into the existing sanitary sewer in the Hendrix property. This is approximately 3,200 linear feet of realigned sanitary sewer from the 95% set of plans dated 08 -25 -2009. The new alignment will require the reconstruction of approximately 350 feet of existing 8 -inch sanitary sewer in the Blanchard property to upsize to a 12 -inch line. The new alignment will require at least two (2) additional soil borings. The new alignment will cross a drain to the railroad crossing, which will require exposed, elevated sewer main for approximately 600 feet in order to meet design grade for the sewer. The geotechnical services for two bores will be performed by Terracon Consultants, Inc., the firm that performed the geotechnical borings for the initial design. The bores will be near the drain to the railroad crossing. The engineering fee will be $2,950.00, which does not include clearing or grabbing to access the boring locations. If clearing or grubbing is to be provided by Ford Engineering, Inc. or its sub consultants, then additional fees may apply. The supports for the elevated sewer line will need to structurally designed, incorporating the geotechnical finding. Unintech Consulting Engineers, Inc. will be performing the structural design. The engineering fee will be $6,680.00. The plans for the new alignment of the proposed sanitary sewer, as described above, will be prepared by Ford Engineering, Inc. and be resubmitted to Schertz for review as revised 95% submittal. It is anticipated that the plans will require the resubmittal of the TxDOT Utility Permit, and Ford Engineering, Inc. will prepare and submit the new permit and attend one coordination meeting with the City and TxDOT to facilitate the permitting process. The new alignment will necessitate the revision of the preliminary bid documents provided at the 95% submittal in 2009. The engineering fee for the above additional work will be $6,950.00. 10927 WYE DRIVE, SUITE 104, SAN ANTONIO, TEXAS 78217 (210) 590 -4777 FAX: 590 -4940 1- 800 -332 -3109 Web Site: www.fordengineering.com TBPE No. F -1162 FORD ENGINEERING, INC. The City has requested the addition of construction materials observation and testing services for the construction phase of this project. Terracon Consultants, Inc. will provide these services for the length of the new sewer from the downstream tie -in point, for the 3,200 linear feet of new pipe alignment, plus the additional footage extend the new sewer to the south side of FM 482, across the Marcantonio property. The estimated engineering fee for the construction materials observation and testing services is $22,750.00. The City will only be invoiced for the actual construction materials observation and testing services required during construction. Engineering Fee Compensation for these services will be an increase to the current engineering fee for the project in the amount of $39,330.00 which will cover all costs associated with the scope described above. Any additional services that are not included in the above scope will be provided at the hourly fees defined in the original contract, or as negotiated at the time of request. Should there be any questions or if further information is needed, please do not hesitate to call me at 210 -590 -4777. Sincerely, FORD ENGINEERING INC. Mark B Hill, P.E. Encl. Proposal from Unintech Consulting Engineers, Inc., dated 8 -8 -2013 Proposal from Terracon Consultants, Inc. (geotechnical sampling), dated 8 -13 -2013 Proposal from Terracon Consultants, Inc. (construction materials observation and testing), dated 3 -14 -2014 Ford Engineering Manhour Breakdown for Additional Services, dated 3 -14 -2014 Project Cost Summary 10927 WYE DRIVE, SUITE 104, SAN ANTONIO, TEXAS 78217 (210) 590 -4777 FAX: 590 -4940 1- 800 - 332 -3109 Web Site: www.fordengineering.com TBPE No. F -1162 Agenda No. 4 CITY COUNCIL MEMORANDUM City Council Meeting: March 25, 2014 Department: Economic Development Subject: Resolution No. 14 -R -29 Consideration and /or action approving Amendment No. 1 to the Economic Development Incentives Agreement ( Amazon.com.kydc LLC) BACKGROUND On November 6th, 2012 the City of Schertz (the "City "), the Schertz Economic Development Corporation (the "SEDC "), Guadalupe County (the "County ") and Amazon.com.kydc LLC ( "Amazon ") entered into an Economic Development Incentive Agreement (Agreement). Under the Agreement, Amazon agreed to construct and operate a 1,261,980 square foot facility, make a $166 million capital investment, and employ at least 350 full -time employees by the end of 2013. In consideration of the project, the City, County, and SEDC agreed to provide a rebate structured development incentive package. PROPOSED AMENDMENT In December 2013, Amazon requested Amendment No. 1 to the Economic Development Incentive Agreement ( Amazon.com.kydc LLC) (the "Amendment "). The proposed Amendment provides Amazon a one -time choice between the following two performance options. 1. Job Option — Employ a minimum of 380 full -time jobs with an annual payroll of at least $12 million and make a capital investment of at least $166 million. 2. Investment Option — Employ a minimum of 350 full -time jobs with an annual payroll of at least $11 million and make a capital investment of at least $191 million. Under both options, Amazon must maintain the number of full -time jobs for at least one month by no later than December 31, 2014. Once Amazon has chosen either the Job Option or the Investment Option they must continue to meet those requirements throughout the remainder of the Agreement. As part of the proposed Amendment, Amazon has also requested a Performance Safe Harbor. Beginning in 2015, if Amazon fails to satisfy their commitments under the Agreement by no less than 75% of the requirements, Amazon will be given an option to cure the shortfall. In other words, Amazon can't default by more than 25% of the commitment without exceeding the safe harbor provision. Under the Performance Safe Harbor, Amazon must cure the shortfall in the following year by exceeding all commitments by 200% of any shortfall amount. Once cured the new commitments would remain in effect throughout the remainder of the Agreement. Lastly, the proposed Amendment will delay the annual report and corresponding rebate deadline from 60 days following the end of the year (March 1St) to April 15th of each year. Summary of Recommended Action: To approve Resolution 14 -R -29 and authorize Amendment No. 1 to the Economic Development Incentive Agreement (Amazon.com.kydc). FISCAL IMPACT There is no negative financial impact associated with this action. SEDC BOARD RECOMMENDATION The SEDC Board met on February 27, 2014 to consider the proposed Amendment No. 1 to the Economic Development Incentives Agreement (Amazon.com.kydc LLC). A motion was made by Mr. Thomas and seconded by Ms. Kiser to approve the Agreement as presented. The motion passed unanimously (7 -0). GUADLAUPE COUNTY APPROVAL Guadalupe County Commissioners approved the Amendment as attached at their regular Commissioners Court meeting on March 11, 2014. STAFF RECOMMENDATION Staff recommends approval of the proposed First Amendment to the Amazon.com Agreement. ATTACHMENT(S) Resolution No. 14 -R -29 RE SOLUTIONNO. 14 -R -29 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING AMENDMENT NO. 1 TO THE ECONOMIC DEVELOPMENT INCENTIVES AGREEMENT AMONG THE CITY OF SCHERTZ, TEXAS, THE CITY OF SCHERTZ ECONOMIC DEVELOPMENT CORPORATION, GUADALUPE COUNTY, TEXAS, AND AMAZON.COM.KYDC LLC; AUTHORIZING CERTAIN BENEFITS BY THE CITY PURSUANT THERETO; AND OTHER MATTERS IN CONNECTION THEREWITH WHEREAS, by City Ordinance No. 12 -T -15, the City of Schertz, Texas (the "City ") established a program under Chapter 380, Texas Local Government Code, as amended, to promote economic development and to stimulate business and commercial activity in the City (the "380 Program "); and WHEREAS, on November 6, 2012 the City, the City of Schertz Economic Development Corporation (the "SEDC "), and Guadalupe County entered into an Economic Development Incentive Agreement with Amazon.com.kydc (the "Developer "), pursuant to the City's 380 Program; and WHEREAS, the SEDC held a meeting on February 22, 2014, and the Board of the SEDC voted to recommend approval of Amendment No. 1 to the Economic Development Incentives Agreement ( Amazon.com.kydc LLC) ( "First Amendment ") to the City Council; and WHEREAS, on March 11, 2014 the Guadalupe County Commissioners approved the First Amendment; and WHEREAS, the City Council has determined that it is in the best interest of the City to approve the First Amendment. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS: Section 1. The City Council hereby approves the First Amendment and authorizes the City Manager to execute and deliver the First Amendment with the SEDC, the County, and the Developer 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. 1 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 day of , 2014. ATTEST: Brenda Dennis, City Secretary (CITY SEAL) CITY OF SCHERTZ, TEXAS Michael Carpenter, Mayor 0 EXHIBIT A AMENDMENT NO. 1 TO THE ECONOMIC DEVELOPMENT INCENTIVES AGREEMENT (AMAZON.COM.KYDC LLQ A -1 Agenda No. 8 CITY COUNCIL MEMORANDUM City Council Meeting: March 25, 2014 Department: Public Works and Eni!ineerin2 Departments Subject: Speed Issues on Lower Seguin Road and Pfiel Road BACKGROUND Status on the speed issue brought forward by Mr. Douglas Becker. Currently the Public Works and Engineering Departments are conducting a speed study with traffic counts on Pfiel Road. Once completed, we will move the focus of the study to Lower Seguin Rd (behind Randolph Air Force Base between FM 1518 and Loop 1604). Upon completion of the study, the results will be submitted by staff to TSAC for a recommendation to increase or decrease speeds in these areas. I have also requested that all speeds in Southern Schertz on the rural roads go through a review; it appears speeds could be increased and/or reduced with proper warning speeds at curves and crossings. FISCAL IMPACT Only impact at this time is staff using on -hand equipment. Future fiscal impact is unknown at this time pending competition of the study. RECOMMENDATION The studies should be completed during the month of March and April with the report and staff recommendations to TSAC in May's meeting. Barring any additional information from TSAC, a recommendation could be submitted to City Council by mid to late May. ATTACHMENT(S) None