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06-03-2014 Agenda with backupREGULAR SESSION CITY COUNCIL June 3, 2014, 5:30 P.M. HAL BALDWIN MUNICIPAL COMPLEX COUNCIL CHAMBERS 1400 SCHERTZ PARKWAY BUILDING #4 SCHERTZ, TEXAS 78154 Policy Values Economic Prosperity Fiscally Sustainable Family Friendly for All Ages High Quality of Life Safe Community Essential Services Attractive Community Innovative and Proactive Service Oriented Friendly City Call to Order — City Council Regular Session Invocation and Pledges of Allegiance to the Flags of the United States and State of Texas. (Councilmember Jim Fowler) Executive Session 1. City Council will meet in closed session under section 551.074 Evaluation of the City Secretary and Deputy City Secretary. Reconvene into Regular Session 1 a. Take any necessary action based on discussions held in closed session under Agenda Item number 1. Roll Call Vote Confirmation 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. 06 -03 -2014 Council Agenda All remarks shall be addressed to the Council as a body, and not to any individual member thereof. Any person making personal, impertinent, or slanderous remarks while addressing the Council may be requested to leave the meeting. Discussion by the Council of any item not on the agenda shall be limited to statements of specific factual information given in response to any inquiry, a recitation of existing policy in response to an inquiry, and /or a proposal to place the item on a future agenda. The presiding officer, during the Hearing of Residents portion of the agenda, will call on those persons who have signed up to speak in the order they have registered. Workshop Discussion and possible action regarding presentation formats (Item requested by Mayor Carpenter) (J. Kessel /B. James) Consent Agenda Items The Consent Agenda is considered 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 of the Mayor or a Councilmember. 2. Minutes — Approve the minutes of the regular meeting of May 27, 2014 (J. Kessel /B. Dennis) 3. Resolution No. 14 -R -46 — Approval of a Resolution approving and authorizing an amended 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. (J. Bierschwale /S. Willoughby) 4. Resolution No. 14 -R -47 — Approval of a Resolution amending the Performance Management and Probation Policy contained within the City of Schertz Employee Policy Handbook. Q. Kessel /J. Smith) Discussion and Action Items 5. Resolution No. 14 -R -45 — Consideration and /or action approving a Resolution authorizing the Implementation of the Stormwater Management Plan and approving the Notice of Intent for Stormwater Discharges from Small Municipal Separate Storm Sewer Systems (MS4) under the Texas Pollutant Discharge Elimination System Phase II MS4 General Permit (TXR040000) for the City. (J. Bierschwale/L. Busch) 6. Ordinance No. 14 -13-28 — Consideration and approval of an Ordinance by the City Council of the City of Schertz, Texas authorizing the issuance of "City of Schertz, Texas General Obligation Refunding Bonds, Series 2014 ", levying an annual Ad Valorem Tax, within the limitations prescribed by law, for the payment of the bonds; prescribing the form, terms, conditions, and resolving other matters incident and related to the issuance, sale, and delivery of the bonds; authorizing the execution of a 06 -03 -2014 City Council Agenda Page - 2 - Paying Agent/Registrar Agreement, a Purchase Contract, and an Escrow and Trust Agreement; complying with the Letter of Representations on file with the Depository Trust Company; authorizing the execution of any necessary Engagement Agreements with the City's Financial Advisors and/or Bond Counsel; and providing an effective date. First and Final reading (J. Kessel /J. Kuhn/M. McLiney) Roll Call Vote Confirmation Reauests and Announcements 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. 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 10. Information available in City Council packets — NO DISCUSSION TO OCCUR • Memorandum regarding decision to delay issuance of certificates of obligation for $2 to $3 million. 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 30' DAY OF MAY 2014 AT 11:15 A.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. 1 aWeKJ12 DewwUS renda Dennis CPM, TRMC, MMC, City Secreta 06 -03 -2014 City Council Agenda Page - 3 - 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 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 06 -03 -2014 City Council Agenda Page - 4 - Agenda No. 2 CITY COUNCIL MEMORANDUM City Council Meeting: June 3, 2014 Department: Subject: BACKGROUND City Secretary Minutes The City Council held a regular meeting on May 27, 2014. FISCAL IMPACT None RECOMMENDATION Staff recommends Council approve the minutes of the regular meeting on May 27, 2014. ATTACHMENT Minutes — regular meeting May 27, 2014 MINUTES REGULAR MEETING May 27, 2014 A Regular Meeting was held by the Schertz City Council of the City of Schertz, Texas, on May 27, 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 Brian James City Attorney Charles Zech Deputy City Secretary Donna Schmoekel Parks & Recreation Board Members Present: Chairman Mustapha Debboun Member Harriet Higgs Member Sally Macias Call to Order Mayor Pro -Tem David Scagliola Councilmember Daryl John Councilmember Matthew Duke City Manager John Kessel Chief of Staff Bob Cantu City Secretary Brenda Dennis Mayor Carpenter called the Regular Meeting to order at 6:02 p.m. McDow U Invocation and Pledges of Allegiance to the Flags of the United States and the State of Texas Associate Pastor Cameron Ward, Victory Assembly of God, 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 • Announcements of up ing City Events (J. Bierschwale /B. James) Mayor Cqkter reco zed Executive Director of Development Brian James who provided the followin'JIMpouAfments and upcoming events: o Wednes y, May 28, Biz Ed- Heather Garcia w/ETC will speak on Healthcare Market Place, Employer Compliance & More, Chamber offices, 7:30 a.m. — 9:00 a.m. Breakfast provided by RBFCU. • Thursday, May 29, Joint Base San Antonio Tabletop Partners Meeting, 8300 Pat Booker Road, Live Oak, 8:00 a.m. to 2:00 p.m. • Saturday, May 31, Schertz Idol Open Audition Night, Discovery Church, 242 Country Lane, Cibolo, 4:00 p.m. — 6:00 p.m. Go to www.facebook.com/Schertzidol for updates. 05 -27 -2014 Minutes Page - 1 - • Announcements and recognitions by City Manager (J. Kessel) Mayor Carpenter recognized City Manager John Kessel who reserved his comments for the presentation of Employee Longevity recognition. Presentations: • Introduction of the FY2014/15 Sweetheart Court Ambassadors and Invitation to the Luling Watermelon Thump Parade (B. Cantu/M. Spence) - Miss Schertz — Kiana Leal - Miss Jubilee — Elena Garcia - Miss Friendly City — Sydney Fischer - Miss Sunshine — Megan Rhoads Mayor Carpenter recognized Events Coordinator Mary Spence who introduced Miss Schertz Kiana Leal who recognized and introduced the FY2014/15 Sweetheart Court Ambassadors: Miss Jubilee — Elena Garcia Miss Friendly City — Sydney Fischer Miss Sunshine — Megan Rhoads Miss Schertz Kiana Leal stated they are pleased to represent the City of Schertz and looking forward to an exciting parade season. Their first official event will be the 61St Annual Luling Watermelon Thump Parade Saturday, June 28, 2014, then our very own Schertz Jubilee Parade in July. Mayor and Council congratulated the Sweetheart Court, stating they look forward to having them represent our City. • Employee Longevity Recognition — Andrew Lambert — 25 years. (J. Kessel) Mayor Carpenter recognized City Manager John Kessel who recognized Lt. Andrew Lambert, his wife Elizabeth and his mom. Mr. Kessel stated like many that have been recognized up here before him, 25 years only marks his "official" full -time hire date. Andy began his career as a volunteer Firefighter in 1987, and then worked as a part-time paid Firefighter in 1988 before being hired on full -time in February 1989. During his tenure, Andy trained to become a Police Officer and became a Reserve Patrolman for the Schertz Police Department in 1989. Back then, there was only one firehouse and the `56 Ford was used as the back -up fire truck. Since working double duty for both Departments, Andy has worked as an Arson Investigator and was awarded Firefighter of the Year in 1993, all while climbing the ranks in the Fire Department, where he currently holds the Lieutenant rank. Andy grew up in Schertz and is a graduate of Clemens High School. In his free time, Andy loves to travel. He has traveled to Europe 6 times and his goal is to buy a house there once he retires. During his career here, Andy has seen the City grow from a population of 5,700 to where we are today. He mentioned that Schertz is expanding, is progressive, looks towards the future and there is nowhere else he would rather be. 05 -27 -2014 Minutes Page - 2 - Coming from Fire Chief David Covington, he has this to say about Andy: "Andy is the kind of officer that firefighters look to for advice and guidance. He never backs down from a challenge, task or dangerous assignment. He is a leader in the Schertz Fire Department, and we are proud to count him as one of us. Congratulations to him on achieving this milestone in serving the City and Citizens of Schertz." Mayor Carpenter and City Manager John Kessel presented Lt. Lambert with his 25 year City Service pin. Mayor and Council congratulated Lt. Lambert for his years of service. Hearing of Residents: Mayor Carpenter recognized the following who spoke: Mr. Robert Brockman, 1000 Elbel Road, who addressed Council regarding agenda item 4, stating he has no objections to the rezoning changes proposed but does object to the stipulation of allowing a 30 foot encroachment to the 50 foot setback. Ms. Sue Hartzog, 3700 Whitefield Square, who addressed Council regarding the need for restrooms at the Playscape area. City Manager John Kessel provided a statement of fact stating that this is one of the items they are exploring in next year's budget which is a facility at the Playscape that would be easily accessible and they are working with the Parks Foundation to make it hap , en. Workshop Discussion regarding City's permitting process. (Item requested by Councilmember Duke) (B. James /M. Sanchez) Mayor Carpenter recognized Executive Director of Development Brian James and Director of Development Services Michelle Sanchez who provided a PowerPoint presentation with the following highlights addressing questions from Council: Overview: • During the FY 2012 -2013 the Building Inspections Department Processed: 293 permits for new single family homes 272 reroof permits 118 deck and patio permits 144 fence permits 98 sign permits 782 mechanical permits 743 electrical permits 955 plumbing permits 57 certificates of occupancy issued • A total of over 3,000 permits were issued and over 12,000 inspections were performed. 05 -27 -2014 Minutes Page - 3 - • Current staff includes: three inspectors, one vacant as Ken Anderson of almost 20 years just retired, two permit technicians, and as Council approved, they will be hiring a plans examiner. Process: • Reviewing and processing permits involves the Building Inspections, Planning, Engineering, Health, Public Works, Fire, Parks, and GIS Departments. • With the recently approved midyear budget adjustment additional staff positions were added to the Building Inspections, Fire and Engineering Departments. • Those positions will make a significant difference in the capacity of staff to process permits quickly and effectively. • Processing development applications begins with the review and approval of site plans and plats, and ends with the final inspections and completion of paperwork. Keys to Success: • Training is a key to the effectiv p ineoerTits. This includes ongoing training in building codes and reviewing t quirements. This includes training in customer service. • Technology also plays a role in the City's process. As part of the upcoming budget, the Planning Department is requesting $30,000 to $50,000 for new software to assist in tracking and processing applications. The Building Inspections Department is requesting approximately $5,500 for software and field tablets for the inspectors. • Staffing at adequate levels is key to being able to process permits in a timely manner even when we experience a surge in permit activity. As mentioned above, the 3 new positions will help sig 46V tly. Pe • Ongoing Process Review ensures everyone is on the same page regarding the development process and encourages adjustments in the process to promote efficiency while ensuring all new development is safe. Team Effort: While the Building Inspections Department is the primary point of contact and coordinates communication with applicants, ensuring applications move through the process in a timely manner and meet all applicable codes and requirements, requires a team effort from individuals in a number of departments. Ongoing Process Review: Department is constantly looking at the process. Is it working well, can we make it better. If it is not working well how can we improve the process? The ultimate goal is to get individuals through the process as quickly, painlessly, and as inexpensive as they can, while ensuring that they meet all the Codes, Ordinances, and requirements of the City. The department has made several changes in their practices to move the projects along in a timely manner. 05 -27 -2014 Minutes Page - 4 - Mayor Carpenter recognized Councilmember Duke who thanked staff for the presentation and stated that the reason he had asked for this to be put on the agenda was due to what they heard about the recent projects like Amazon.com and the other recent projects the City was able to do with the Economic Development and the fast tracking of the projects. He wanted to understand part of the fast tracking processwhich is on the economic development side and also what happens to our residents day to day as we grow our residential base and we improve the community we already live in. He has not had personal experience with the permitting department as the others on the dais have with regard to the varying details. He stated that it comes down to three things: capability, capacity and process. Regarding capacity, he saw in the beginning the volume. His concern was the time it took to turn the applications around and he sees that the certificate of occupancy takes longer than the counter permits they mentioned earlier. The volume, whatever they are today, will double in the next few years; it is more of the time, and what he is hearing is we do not have the ability to be able track the time, but with the technology you will be able to track this information. Time has two components; one is where it is on our time, and the other part is where it is on the customer's time. The customer's time is as long as they would like it to go and that's great, and then there is our time that we can be held accountable for. Councilmember Duke stated that he is excited about the new technology part to be able to have this information. Another benefit of technology is that you have low skill and high skill individuals in the department. Those high skill people, the specialists, are the ones you want to have the high skilled conversations but then are still engaged in some of the lower end administrable type work. He had concerns on this, but as staff indicated, they are working on that process of acquiring that technology. The capability part goes to making sure that we have the right people, and it sounds like we do. The last one is the process; again this gets back to the matrix you showed regarding the volume. He is more interested in the time and turnaround of a project. Maybe next year once you get a baseline of what that time is, something that says this is the most important part that you would look at, then you can set the time frames. Establish time frames where you say this is an acceptable range or this is not an acceptable range, then we fast track the unacceptable when it gets there, so that way no matter if you are from the community, building a house or building an Amazon you know what your quality expectations are. Councilmember Duke stated he has heard a lot about process improvement. He wanted to know if there was a mechanism in place for quality control. Is there a process for a double checking? Executive Director Brian James stated that they do not have the staff capacity for this right now, but certainly with additional staff, you could have someone go out and follow -up on the inspections that were done, follow -up on the plans that were reviewed, or even go through the permits that were issued in a day and verify things. Councilmember Duke asked is there a way, speaking more as a lawyer, "sometimes people will use the permitting process to shield their liability down the road." Councilmember Duke asked if there was a way to do 05 -27 -2014 Minutes Page - 5 - random samples. Mr. James stated that you could do random samples; perhaps with the additional plans examiner coming on line, they may find the time to do some of these things. Mr. James stated that part of what it comes to is what's the reason we do the plan review, issue the permit, and do the inspections? Sometimes when people have an issue they expect that the City is there to prevent problems maybe with the craftsmanship or with things like that. As much as people may not want to hear it, it's not necessarily that, it's really about insuring that the codes were met in terms of those base level requirements that were done. There are all sorts of things that can go into when someone doesn't get a product that they are not happy with. It may meet code, but the quality of work may not be there. While the City tries to spot those things, the inspector doing that final on the house is no substitute for the homeowner walking through and doing a punch list of things saying that certain things are wrong. You can have things that met code, but still you may have a problem. Foundations are a very good example. There can be a whole series of that process having nothing to do with the actual process of the permitting or the inspection on foundation pour that can cause you to have a problem down the road. It could be an issue with GEO Tech report. As an example, the City does not have a Geo Technical Engineer. We do not have anyone qualified to read that report, we rely on the seal of the engineer that puts their approval on it, saying it was done correct. It becomes problematic for us to start second guessing, dictating to engineers, architects and even to contractors to say this is the way you need to do it. They are the ones who signed the contract to do the work; they are the ones who have the expertise in the field. It is about us saying, does this meet code or not and there may be an infinite number of ways you can do that to get there. It's a matter of understanding what our role is in the process. Councilmember Duke asked what the feedback loop is. As we have boots on the ground seeing these things that we are saying maybe there is a reason we should look at improving the codes to be able to improve our standards. Is there are review that takes place and an information loop that gets back to be able to address minimum standards that we don't have or possibly revising them. Mr. James answered stating that they do not have a formal process, what they do have is they certainly hear from citizens who call up with issues or provide them with comment cards, and they also hear from contractors. From a staff perspective it is a matter of providing feedback as they go forward. Staff has also done a better job where when they make ordinance amendments they get input from all the city departments. Mayor Carpenter recognized City Manager John Kessel who stated it is key for Council to consider that there are really three different customers the City is trying to satisfy simultaneously, and they don't always have the same outcome in mind. There is the person who is doing construction, weather it is building a subdivision, building a house or building a commercial building, they are focused on speed and cost savings. Anything that takes away from that, if it costs more and takes longer it is bad. Then you have the tenant, the person who is going to live there or occupy that building. They focus primarily on quality. They are going to have to live with the results and have an interesting relationship with the person doing the construction during the construction process, after that and forever after, there is going to be someone there who is going to have that appreciation of how it really turned out. 05 -27 -2014 Minutes Page - 6 - Finally, this is one that maybe is less appreciated, there is the general public. This plays out in a couple of ways. If we have to go back into a subdivision and rebuild roads or provide drainage features with general tax payer dollars that should have been the general contractor and we are spending public funds later, this doesn't help the general public. The other thing the general public really subscribes to is the idea that they can walk into a public building and know it's not going to fall down, or if there is a fire, it's going to be safe. The City is trying to meet these specific goals of the contractor, the tenant and the general public at large simultaneously and they are all looking for something slightly different. You never say you maximize one at the expense of the other two. You balance what is that right answer, and is a balance of each. Mayor Carpenter recognized Councilmember Fowler who stated he was thinking about a project where we were ahead of the curve, the project with Amazon for instance. We were pushing them to get the responses back to us because we were meeting our deadlines, but they were struggling to meet theirs. Councilmember Fowler stated that he was thinking about the estimated about of time that it takes to do a task and the believes in order to track the time it takes to complete a process they would have to a time stamp system that is coded for a >particular item. He doesn't believe the City is ready for this type of system. Councilmember Fowler stated that he appreciates what they are doing. Executive Director Brian James stated that they do time stamp projects as they come in. They do have the ability to go back and look at a project and see how long it took from when they submitted it, how long it took for us to review, and then how long it took for them to turn it back in to us. We also have the ability to go back and see how many comments we miss that first review. The key is to streamline the process so we do not have things that fall through, and that is what the department is currently working on. The department utilizes a white board to keep track of project that have come in as well as utilizing technology to build in reminders and efficiencies. • Discussion regarding the creation of a Historic Overlay District (B. James /D. Weirtz) Mayor Carpenter recognized Chair of the Historical Preservation Committee Dean Weirtz who provided a PowerPoint presentation on the discussion of a proposed Historic District with the following highlights: Texas Historic Districts — Resident Approval Survey information: City (Districts) Owner Approvals Percent Required (Yes) (No) San Antonio (27) X 30 Houston (18) X 67 Dallas (21) X 0 Austin (18) (15/3) X 51 (Advisory only) 05 -27 -2014 Minutes Page - 7 - San Marcos (7) X 0 Victoria (4) X 0 Seguin (3) X 0 • Fredericksburg (1) X 0 Historic Preservation Schertz City Considerations: Comprehensive Land Plan Unified Development Code — (Article 5, Section 21.5.1 — "Zoning Districts" — City zoning regulations and districts, among other things, are established for "protecting and preserving places and areas of historical, cultural, and/or architectural importance and significant within the City limits, 11�L J Preservation Historical Update: ➢ Stalled Staff Action 2010 -2012 ➢ City Council Workshop June 11, 2013 (Concerns) • Population approval number (51 %) • Expertise Issue (Committee Non - concurs ➢ Today's Recommendation • Non - Restrictive /Incentive based Mr. Weirtz stated that the committee believes we should have a program documented by the City, and one that would be similar to the City of Victoria, which is a volunteer program that provides incentives to those owners who will preserve, restore, and keep their property at a certain level of enhancement. Councilmember Fowler asked for an expansion of the word `incentive'. Mr. Weirtz stated there were tax and permit incentives, exempt fees, or taxes being relieved for historic property owners. There are also grants where the owner of a property is given a matching grant by the city for restoring and preserving his property within a district. The committee is not asking Council to make a political decision like choosing a number on which the residents have to approve the idea of a historic district; rather, leave the population out of the equation, designate the district and then make an incentive program whereby you have a possibility of being incentivized by improving your property in the district. The proposal from staff tonight will be one that won't create districts, but simply have a designation made for a neighborhood as a historic area and those residents will be eligible for the matching grant program. Mayor Carpenter recognized Executive Director of Development Brian James who provided the following information: History: 05 -27 -2014 Minutes Page - 8 - • The Schertz Historical Preservation Committee (SHPC) has recommended amending the Unified Development Code (UDC) to create a Historic Overlay District. • As proposed by the Committee, in order for a Historic Overlay District to be create, at least 60% of the property owners in the proposed district would have to indicate in writing that they support the creation of the district. • The Historic Overlay District would require owners of properties within the district to seek approval from the SHPC prior to receiving a building permit to make changes to the exterior of structures. • The SHPC has indicated they are interested in creating a historic district to cover a section of Main Street (507, 509 and 513). • Staff has concerns that there is not enough support in the community for creating a Historic Overlay District that would require property owners to seek approval from the SHPC prior to making alterations to the exterior of structures. • Additionally, Staff feels there is not adequate education /understanding of the application of the Secretary of the Interior's Standards for Historic Preservation on the part of Staff or Committee members. • As part of the draft FY 2014 -2015 budget, Staff is recommending $5,000 be provided for training for Staff and Committee members. • Staff also supports programs and activities of the Committee to generate understanding and support of historic preservation. • Subsequent to the last SHPC meeting, the Chairperson presented Staff with information on a Historic Preservation Incentive Program. • This sort of program provides matching funds to property owners within designated areas up to a set amount for exterior renovations that pre- approved by the City. • Prior to issuance of a building permit the owner would submit an application for the proposed changes to the SHPC who would consider the changes per the Secretary of the Interior's Standards for Historic Preservation. If approved the owner would be eligible for matching funds of up to $20,000 to offset the cost of specified exterior renovations. The funds would be paid upon completion of the improvements. • Staff supports the creation of such a program in order to generate support for historic preservation and recommends providing funds with the upcoming budget. Mayor Carpenter recognized Councilmember Edwards who asked if this is the initial framework being presented to make sure we have the proper documentation drafted to go forward. Mr. James stated what they really want to do is float the idea of a volunteer program (with a matching grant incentive) rather than a mandatory program. Councilmember Fowler asked if the historical committee could be a 501(c)3 organization. Mr. James said yes it could be. Mayor Carpenter recognized Councilmember Scagliola who stated he liked the 60% (voter) number of a mandatory overlay district and he questioned the feasibility of establishing a grant program. Ultimately, he thinks we might do better establishing a regular mandatory overlay program rather than a volunteer program to accomplish our goal of a historic area. Councilmember Fowler asked what you do when you want to replace windows to be energy efficient but want to be historically compliant. Mr. James stated sometimes you don't do certain things because it isn't safe anymore and these issues can be challenging. Mr. Weirtz pointed out that this would not be a cut or nothing problem; the historic preservation 05 -27 -2014 Minutes Page - 9 - guidelines do not prohibit using materials of like or similar composition materials when repairing or replacing parts of historic homes. Mayor Carpenter asked Council if anyone had any vehement against staff coming back with a framework for establishing a voluntary incentive program for further discussion. He feels a voluntary incentive program makes more sense as he would struggle with trying to initiate a mandatory program in this city. Mayor Carpenter moved to agenda item 6 as there were individuals in the audience this evening waiting on this item. Discussion and Action Items 6. Appointments/ Reappointments and Resignations to City Boards, Commissions and Committees — Consideration and/or action regarding appointments /reappointments and resignations to City Boards, Commissions, and Committees. (Mayor /Council /B. Dennis) Mayor Carpenter stated that tonight the Council has been asked by the Interview Committee to ratify 5 resignations, reappoint 34 members and appoint 3 new members to the various Boards Commissions and Committees. Mayor Carpenter recognized Councilmember Edwards who moved, seconded by Mayor Pro - Tem Scagliola to approve the recommendation that includes the resignations of 5 board members, the reappointments of 34 members and the appointment of 3 new members. The vote was unanimous with Mayor Pro -Tem Scagliola, Councilmembers Fowler, John, Edwards, and Duke voting yes and no one voting no. Motion Carried. Mayor Pro -Tem Scagliola requested those board members present to please stand and be recognized. Mayor Carpenter thanked the members for serving. He stated that it is his contention and that of Council that we do not have all the answers on our own and we rely heavily on the boards, committees and commission and volunteers who make up those groups to advise and guide them on the wider interests of the City. Mayor Carpenter moved back to the Workshop section of the agenda. kL • Discussion regarding the Natatorium. (Item requested by Councilmember Fowler) (J. Kessel /B. James) Mayor Carpenter recognized Executive Director of Development Brian James who provided a PowerPoint presentation regarding the proposed enclosed community swimming pool and aquatic facility of competition quality. In light of how popular the partnership with the YMCA has proven for residents of Schertz, the proposed Community Pool agreement builds on the existing Recreation Center agreement in that it provides residents more amenities with their membership and includes $100,000 to reduce the membership costs of residents. In 2009, the City entered into a license agreement with the YMCA to operate the recreation center. The agreement was amended in 2011. The agreement is for a five year term and can 05 -27 -2014 Minutes Page - 10 - be extended for two additional five year terms. The agreement stipulates the YMCA will retain all membership fees and bear all costs for operating the facility. The agreement stipulates the maintenance responsibilities of the City (exterior of the facility, parking lot, foundation, water leak damage, capital repairs, HVAC replacement, exterior landscaping, etc.) The plan provides for the competition pool, a zero entry pool, relocating the splash pad, and parking. Estimated cost of the combined facility as envisioned is approximately $9,000,000. The SCUCISD Interlocal agreement terms are as follows: - Interlocal Agreement with SCUCISD approved per Resolution 13 -R -66 in September 2013. - SCUCISD contributes $1,625,000 in exchange for a 15 year lease, rent free -Hours of Use and specific improvements to the natatorium to be determined through a separate agreement. The proposed YMCA Agreements are: 1. Amended and Restated Schertz tileation Cter and Community Pool License Agreement and Outdoors Pools 4VIaTIRmnent AllLement 2. Schertz Recreation Pool License ARre *JF' The amended and restated Schertz Recreation Center analliMemunity Pool License Agreement and Outdoors Pools Management Agreement does the folio o Covers both proposed indoor bodies of water and botbo6utdoor pools and Recreation Center 0 • YMCA retains all revenues from Recreation Center and indoor pools • City pays YMCA $380,000 annually to operate the Recreation Center and indoor pool facilities • City pays an additional $100,000 as a grant that the YMCA will use to lower the cost of memberships for Schertz residents • If the Recreation Center and indoor pools generate excess revenue after expenses, then the grant by the City may be reduced by 20% • The City continues to pay $179,878 to operate the two outdoor pools and retains evenues from gate receipts, season passes and concessions as is currently the case. r The Schertz Recreation Pool License Agreement will contain the following: • Initial term is 20 years • City issues a minimum of an additional $2,000,000 in taxable bonds • YMCA pays Schertz $100,000 annually which the City will use to pay the bond • YMCA membership provides access to Recreation Center and Pools • Semi - Annual Schertz Night — twice per year Schertz residents can use pool for free • Agreement Outlines repair and maintenance obligations of each (City and YMCA) but City is responsible for capital repair Mayor Carpenter recognized Councilmember Fowler who pointed out that he found out that the equipment in the YMCA is changed out every three years so we always have updated equipment and it is not a cost to the City. The City built the building and rented it out. This represents other organizations like the BVYA and CCMA that we partner with. Most other 05 -27 -2014 Minutes Page - 11 - cities do no compare with what we have here with the YMCA. We are getting a lot of bang for our bucks. Mayor Carpenter recognized Councilmember Edwards stated that the YMCA does a great job for us and we should go forward. Mayor Carpenter recognized Councilmember Fowler who stated all the money the YMCA raises here in the City of Schertz stays in Schertz and they are putting back into the city anything they can come up with. Mayor Carpenter stated we partner with many different organizations such as, BVYA, COMA, AT &T, Time Warner, SSLGC, Bexar Waste, GVEC, and CPS, and they all provide services to the City of Schertz. We have done many of these partnerships because they are cost effective. The voters instructed us to build this natatorium. Fifty five percent of the voters voted for this and forty five percent voted against it. How do we maintain a strong level of equity in the maintenance and operation of a facility that does not over penalize the ones that did not vote for it? We charge those who use the facilities a fee. We put the burden of the maintenance of the facility on the ones who use it. You don't have to be a member; you can get a day pass. Given the instructions from the voters to build this facility, we need to build one that is sustainable and cost effective in the long run, and also come up with a way to not over penalize those who did not vote for it by establishing a user fee to drive the support for the facility. He feels we are making the right decision to move forward. He is excited that this will come back to Council in a few weeks with either a preliminary or finalized agreement with the YMCA and the school district. Consent Agenda Items 1. Minutes — Approve the minutes of the regular meeting of May 20, 2014 (J. Kessel /B. Dennis) 2. Ordinance No. 14 -M -24 — Consideration and/or action approving an Ordinance amending the City's Code of Ordinances Chapter 50, Article IV regulating the discharge of guns; providing for certain exceptions; repealing all Ordinances or parts of Ordinances in conflict with this Ordinance; and providing an effective date. Final Reading (J. Bierschwale /M. Hansen) The following was read into record: ORDINANCE NO. 14 -M -24 AN ORDIN E AMENDING THE CITY'S CODE OF ORDINANCES CHAPTER 50, ARTICLE IV REGULATING THE DISCHARGE OF GUNS; PROVIDING FOR CERTAIN EXCEPTIONS; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT WITH THIS ORDINANCE; AND PROVIDING AN EFFECTIVE DATE 3. Ordinance No. 14 -S -25 — Consideration and/or action approving an Ordinance on a request to rezone approximately 0.468 acres of land from General Business (GB) to Residential /Agriculture (RA). The property is more specifically described as a portion of the 05 -27 -2014 Minutes Page - 12 - Stacy B. Lewis Survey No. 317, Abstract No. 443, and the Antonio Zamora Survey No. 36, Abstract No. 82, City of Schertz, Bexar County, Texas, generally located on Boenig Drive approximately 170 feet west of the street Laura Heights. Final Reading (B. James /L. Wood) The following was read into record: ORDINANCE NO. 14 -S -25 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AMENDING THE OFFICIAL ZONING MAP BY ZONING APPROXIMATELY 0.468 ACRES OF LAND FROM GENERAL BUSINESS (GB) TO RESIDENTIAL /AGRICULTURE (RA). 4. Ordinance No. 14 -S -26 — Consideration and/or action approving an Ordinance on a request to rezone approximately 3 acres of land in the Verde Enterprise Business Park Planned Unit Development (PUD) Ordinance 07 -S -14A to Planned Development District (PDD). The property is specifically Unit 1 of the Verde Enterprise Business Park and generally located on the corner of Interstate Highway 35 and Mid Cities in the City of Schertz, Guadalupe County, Texas. Final Reading (B. James/L. Wood) The following was read into reco ORDINANCE NO. 14 -S -26 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AMENDING THE OFFICIAL ZONING MAP BY ZONING APPROXIMATELY 2.812 ACRES OF LAND FROM PLANNED UNIT DEVELOPMENT TO PLANNED DEVELOPMENT DISTRICT (PDD). 5. Resolution No. 14 -R -44 — Approval of a Resolution authorizing a Third Amendment to the Tower Lease Agreement with San Antonio MTA, L. P., D /B /A Verizon Wireless ( "Verizon "), relating to telecommunication antennas and equipment to be placed on the City's water tank at 1057 Live Oak Road. (J. Kessel /B. Cantu) The following was read into record: RESOLUTION NO. 14 -R -44 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING A THIRD AMENDMENT TO TOWER LEASE AGREEMENT WITH SAN ANTONIO MTA, L.P., D /B /A VERIZON WIRELESS, AND OTHER MATTERS IN CONNECTION THEREWITH Mayor Carpenter recognized Councilmember Fowler who moved, seconded Councilmember Edwards to approve the consent agenda items 1 through 5. The vote was unanimous with Mayor Pro -Tem Scagliola, Councilmembers Fowler, John, Edwards, and Duke voting yes and no one voting no. Motion Carried. 05 -27 -2014 Minutes Page - 13 - Roll Call Vote Confirmation Mayor Carpenter recognized Deputy City Secretary Donna Schmoekel who recapped the votes of items 1 through 6. Requests and Announcements 6. Announcements by City Manager 7 Citizen Kudos Recognition of City employee actions New Departmental initiatives No further announcements were provided. Requests by Mayor and Councilmembers agenda. No items requested. Announcements by Mayor and Councilmembers be placed on City Council • City and community events attended and to be attended 01 • City Council Committee and Liaison Assignments (see assignments below) • Continuing education events attended and to be attended • Recognition of actions by City employees r- • Recognition of actions by community volunteers • Upcoming City Council agenda items Mayor Carpenter recognized Mayor Pro -Tem Scagliola who stated he attended the following events: • jSjarpenter unday, Ma 25, 2014, EMS Appreciation Banquet Ma recognized Councilmember Fowler who stated he attended the following events. • Monday, May 19, 2014, Schertz Housing Authority meeting • Friday, May 23, 2014, 2014 Hog Wild Conference, San Marcos • Sunday, May 25, 2014, EMS Appreciation Banquet Executive Session Mayor Carpenter recessed the regular meeting into executive session at 8:22 p.m. 10. City Council will meet in closed session under section 551.074 Evaluation of the City Secretary and Deputy City Secretary. 05 -27 -2014 Minutes Page - 14 - Reconvene into Regular Session Mayor Carpenter reconvened the regular meeting at 8: SS p.m. 10 a. Take any necessary action based on discussions held in closed session under Agenda Item number 10. No action taken. Adiournment As there was no further business, the meeting was adjourned at 8: 57 p.m. Michael R. Carpenter, Mayor ATTEST: Brenda Dennis, City Secretary 05 -27 -2014 Minutes Page - 15 - CITY COUNCIL MEMORANDUM City Council Meeting: June 3, 2014 Department: Public Works Agenda No. 3 Subject: Resolution No. 14 -R -46 — A Resolution by the City Council of the City of Schertz, Texas amending Resolution 14 -R -23 approving and authorizing an amended 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 BACKGROUND The property located at the intersection of Ekhardt Road and Froboese Road in Guadalupe County was formally known as Rolling Hills Ranch was annexed by the City in 2007. The property has been renamed as The Parklands Subdivision and is currently undeveloped. The Subdivision is located in the Green Valley Special Utility District (GVSUD) Water Certificate of Convenience and Necessity (CCN) and the developer has petitioned that the City of Schertz service the area instead of Green Valley. Schertz and GVSUD wish to alter the boundaries of their respective CCN's and transfer an area contained with the boundaries of the GVSUD CCN to Schertz, so that such area is removed from the GVSUD CCN and added to the Schertz CCN. Although the property is within the CCN held by GVSUD, they do not currently have any water connections or water facilities within or adjacent to the property, nor do they have any plans to provide water service or expended funds to provide the service. In accordance with Texas Water Code 13.248 and approved by Texas Commission on Environmental Quality (TCEQ) Green Valley agrees to the modifications of the boundaries of its CCN to transfer the subdivision to the Schertz CCN. Upon approval, GVSUD will have no further obligation to provide retail water service to the property, and Schertz will be solely responsible for the provision of retail water service to owners and occupants of the property. City Council unanimously approved this agreement by Resolution 14 -R -23 on March 18, 2014. The agreement was forwarded to GVSUD. After it was received, GVSUD opted to make language changes to the document detailing the financial responsibilities of both GVSUD and the City of Schertz in regards to the CCN application and TCEQ approval. Because of these changes and some minor legal wording, an amended agreement must be approved. A redline version has been attached that shows the changes. Goal To accept the agreement with Green Valley Special Utility District to modify the boundaries of the GVSUD CCN and the boundaries of the Schertz CCN to remove the Parklands Subdivision from GVSUD CCN and place it under the responsibility of the Schertz CCN. Community Benefit Provide adequate water service and pressure to properties located in the Parklands Subdivision for development to occur. City Council Memorandum Page 2 Summary of Recommended Action Staff recommends Council approve the Resolution approving the amended Agreement between the City of Schertz and Green Valley Special Utility District. FISCAL IMPACT GVSUD and Schertz agree that no compensation shall be due and owing between Schertz and GVSUD in conjunction with the transfer, since no real or personal property of either party is contained within the Property or is being affected by such transfer. The City will bear the cost and responsibility of obtaining TCEQ approval of this Agreement. The City may authorize the affected developer to bear this cost and responsibility on the City's behalf, and the affected developer has agreed to do so. RECOMMENDATION Staff recommends Council approve Resolution 14 -R -46 amending Resolution 14 -R -23 accepting an amended agreement between the City and Green Valley Special Utility District. ATTACHMENTS Resolution No. 14 -R -46 Amended Agreement between City of Schertz and Green Valley Special Utility District RESOLUTION NO. 14 -R -46 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AMENDING RESOLUTION 14 -R -23 APPROVING AND AUTHORIZING AN AMENDED 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 WHEREAS, the City of Schertz, Texas (the "City ") is the holder of water CCN #10645, issued by the Texas Commission on Environmental Quality (hereinafter "TCEQ "), for the provision of retail water service to certain areas in and about Guadalupe County, Texas, the boundaries of which are more fully described in Exhibit A attached hereto; and WHEREAS, Green Valley Special Utility District ( "Green Valley ") is the holder of water CCN #10646, issued by TCEQ, for the provision of retail water service to certain areas in and about Guadalupe County, Texas, the boundaries of which are more fully described in Exhibit A attached hereto; and WHEREAS, the boundaries of the City CCN and the Green Valley CCN are adjacent to one another; and WHEREAS, pursuant to the Agreement between the City and Green Valley approved by Resolution 14 -R -23, the City agreed to transfer an area contained with the boundaries of the Green Valley CCN to the City, so that such area is removed from the Green Valley CCN and added to the City CCN; and WHEREAS, the City approved Resolution 14 -R -23 on March 18, 2014 accepting the Agreement between the City and Green Valley; and WHEREAS, Green Valley amended the Agreement approved by Resolution 14 -R -23 on March 18, 2014; and WHEREAS, pursuant to the Amended Agreement between the City and Green Valley attached hereto as Exhibit A (the "Agreement "), the City and Green Valley wish to alter the boundaries of their respective CCN's and transfer an area contained with the boundaries of the Green Valley CCN to the City, so that such area is removed from the Green Valley CCN and added to the City CCN. 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 Amended Agreement with Green Valley in substantially the form attached hereto as 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 3rd day of June, 2014 CITY OF SCHERTZ, TEXAS Michael R. Carpenter, Mayor ATTEST: Brenda Dennis, City Secretary (CITY SEAL) EXHIBIT A AMENDED AGREEMENT BETWEEN THE CITY OF SCHERTZ AND GREEN VALLEY SPECIAL UTILITY DISTRICT AGREEMENT BETWEEN CITY OF SCHERTZ AND GREEN VALLEY SPECIAL UTILITY DISTRICT This Agreement Between City of Schertz and Green Valley Special Utility District (this "Agreement ") is entered into this day of , 2014, by and between the City of Schertz, a Texas home rule municipality (hereinafter "Schertz "), and Green Valley Special Utility District, a special utility district, created pursuant to Chapter 65 of the Texas Water Code (hereinafter "Green Valley "), with respect to the boundary lines of the Certificates of Convenience and Necessity (hereinafter "CCN's ") held by each for the provision of water service to users pursuant to the Texas Water Code. WHEREAS, Schertz is the holder of water CCN #10645, issued by the Texas Commission on Environmental Quality (hereinafter "TCEQ "), for the provision of retail water service to certain areas in and about Guadalupe County, Texas, the boundaries of which are more fully described in Exhibit "A" attached hereto; and WHEREAS, Green Valley is the holder of water CCN #10646, issued by TCEQ, for the provision of retail water service to certain areas in and about Guadalupe County, Texas, the boundaries of which are more fully described in Exhibit `B" attached hereto; and WHEREAS, the boundaries of the Schertz CCN and the Green Valley CCN are adjacent to one another; and WHEREAS, Schertz and Green Valley wish to alter the boundaries of their respective CCN's and transfer an area contained with the boundaries of the Green Valley CCN to Schertz, so that such area is removed from the Green Valley CCN and added to the Schertz CCN. NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Schertz and Green Valley hereby agree as follows: 1. Schertz is the owner and holder of water CCN #10645, the boundaries of which are more fully described in Exhibit "A" attached hereto. 2. Green Valley is the owner and holder of water CCN #10646, the boundaries of which are more fully described in Exhibit `B" attached hereto. 3. There currently exists an 194.56 acre parcel of property (hereinafter the "Property ") northeast of the intersection of Eckhardt Road and Froboese Road in Guadalupe County, commonly known as the Parklands Subdivision, located within the boundaries of CCN #10646 and adjacent to the boundaries of CCN #10645, such Property more fully described in Exhibit "C" attached hereto. Item 313 Agreement between City of Schertz and Green Valley Special Utility District redline changes from Green Valley 4. The Property is currently undeveloped. 5. Although the Property is within CCN #10646 held by Green Valley, Green Valley does not currently have any water connections or water facilities within or adjacent to the Property. 7-.6. In accordance with Texas Water Code Section 13.5248, but at all times subject to the approval by TCEQ; and the United States Department of Agriculture, Rural Development ("USDA"), Green Valley hereby agrees to the modification of the boundaries of its CCN #10646 to exclude the area contained within the Property, such area to be transferred from Green Valley's CCN #10646 to the area to be encompassed within the Schertz CCN #10645. Schertz shall bear the cost and responsibility of obtaining TCEQ approval of this Agreement, while Green Valley shall bear the cost and responsibility of obtaining USDA approval. Schertz may authorize the affected developer to bear this cost and responsibility on the Cites behalf, and the affected developer has agreed to do so. 8-.7. In accordance with Texas Water Code Section 13.5248, but at all times subject to the approval by TCEQ, Schertz hereby agrees to the expansion and modification of the boundaries of its CCN #10645 to include the area contained within the Property, such area to be transferred from Green Valley's CCN #10646 to now be encompassed within the Schertz CCN #10645. 9-.8. Green Valley and Schertz agree that no compensation shall be due and owing between Schertz and Green Valley in conjunction with such transfer, since no real or personal property of either party is contained within the Property or is being affected by such transfer. 4-0-:9. Schertz agrees that, upon approval of the revision to its CCN boundaries by TCEQ to include the Property within the boundaries of its CCN #10645, Green Valley shall have no further obligation to provide retail water service to the Property, and that Schertz shall be solely responsible for the provision of retail water service to the owners and occupants of the Property under such terms and conditions as are allowed under its CCN and any applicable governmental statutes and regulations. General Provisions Item 3B Agreement between City of Schertz and Green Valley Special Utility District redline changes from Green Valley GOVERNING LAW. THIS AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED AND INTERPRETED IN ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS. ALL ACTS REQUIRED OR PERMITTED TO BE PERFORMED HEREUNDER ARE PERFORMABLE IN GUADALUPE COUNTY, TEXAS, AND IT IS AGREED THAT ANY CIVIL ACTION BROUGHT TO ENFORCE OR CONSTRUE THE TERMS OR PROVISIONS HEREOF OR TO ENJOIN OR REQUIRE THE PERFORMANCE OF ANY ACT IN CONNECTION HEREWITH, SHALL BE BROUGHT IN A COURT OF COMPETENT JURISDICTION SITTING IN GUADALUPE COUNTY, TEXAS. IT IS AGREED THAT ANY ADMINISTRATIVE LAW ACTION BROUGHT TO ENFORCE OR CONSTRUE THE TERMS OR PROVISIONS HEREOF OR TO ENJOIN OR REQUIRE THE PERFORMANCE OF ANY ACT IN CONNECTION HEREWITH, SHALL BE BROUGHT AT THE TCEQ OR ITS SUCCESSOR AGENCY. Construction and Severability. If this Agreement, or any word, clause, sentence, paragraph or other part thereof, shall be susceptible to more than one or conflicting interpretations, then the interpretation which is more nearly in accordance with the general purposes and objectives of this Agreement shall govern. In the event one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision hereof and this Agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. Unintended Omission. If any punctuation, word, clause, sentence or provision necessary to give meaning, validity or effect to any other word, clause, sentence or provision appearing in this Agreement shall be omitted herefrom, then it is hereby declared that such omission was unintentional and that the omitted punctuation, word, clause, sentence or provision shall be supplied by inference. Amendment. This Agreement may not be amended or terminated except by an instrument signed by all parties to this Agreement. Entire Agreement. This Agreement reflects the entire agreement between the parties hereto pertaining to the subject matter hereof and supersedes all prior and contemporaneous agreements and understandings of the parties in connection herewith. Multiple Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, and all of which together shall be construed as one and the same instrument. Item 313 Agreement between City of Schertz and Green Valley Special Utility District redline changes from Green Valley WHEREFORE, this Agreement is executed this day of , 2014, at , Texas. SCHERTZ: City of Schertz By: _ Name: Title: GREEN VALLEY: Green Valley Special Utility District By: Name: Title: ACKNOWLEDGED AND AGREED TO BY: Parklands Subdivision Property Owner By: _ Name: Title: Item 313 Agreement between City of Schertz and Green Valley Special Utility District redline changes from Green Valley EXHIBIT "A" Item 313 Agreement between City of Schertz and Green Valley Special Utility District redline changes from Green Valley EXHIBIT `B" Item 313 Agreement between City of Schertz and Green Valley Special Utility District redline changes from Green Valley EXHIBIT "C" Item 313 Agreement between City of Schertz and Green Valley Special Utility District redline changes from Green Valley AGREEMENT BETWEEN CITY OF SCHERTZ AND GREEN VALLEY SPECIAL UTILITY DISTRICT This Agreement Between City of Schertz and Green Valley Special Utility District (this "Agreement ") is entered into this day of , 20143 by and between the City of Schertz, a Texas home rule municipality (hereinafter "Schertz "), and Green Valley Special Utility District, a special utility district, created pursuant to Chapter 65 of the Texas Water Code (hereinafter "Green Valley "), with respect to the boundary lines of the Certificates of Convenience and Necessity (hereinafter "CCN's ") held by each for the provision of water service to users pursuant to the Texas Water Code. WHEREAS, Schertz is the holder of water CCN #10645, issued by the Texas Commission on Environmental Quality (hereinafter "TCEQ "), for the provision of retail water service to certain areas in and about Guadalupe County, Texas, the boundaries of which are more fully described in Exhibit "A" attached hereto; and WHEREAS, Green Valley is the holder of water CCN #10646, issued by TCEQ, for the provision of retail water service to certain areas in and about Guadalupe County, Texas, the boundaries of which are more fully described in Exhibit `B" attached hereto; and WHEREAS, the boundaries of the Schertz CCN and the Green Valley CCN are adjacent to one another; and WHEREAS, Schertz and Green Valley wish to alter the boundaries of their respective CCN's and transfer an area contained with the boundaries of the Green Valley CCN to Schertz, so that such area is removed from the Green Valley CCN and added to the Schertz CCN. NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Schertz and Green Valley hereby agree as follows: 1. Schertz is the owner and holder of water CCN #10645, the boundaries of which are more fully described in Exhibit "A" attached hereto. 2. Green Valley is the owner and holder of water CCN #10646, the boundaries of which are more fully described in Exhibit `B" attached hereto. 3. There currently exists an 194.56 acre parcel of property (hereinafter the "Property") northeast of the intersection of Eckhardt Road and Froboese Road in Guadalupe County, commonly known as the Parklands Subdivision, located within the boundaries of CCN #10646 and adjacent to the boundaries of CCN #10645, such Property more fully described in Exhibit "C" attached hereto. Final- Revised Agreement Between City of Schertz and Green Valley Special 4. The Property is currently undeveloped. 5. Although the Property is within CCN #10646 held by Green Valley, Green Valley does not currently have any water connections or water facilities within or adjacent to the Property. 6. In accordance with Texas Water Code Section 13.248, but at all times subject to the approval by TCEQ and the United States Department of Agriculture, Rural Development ( "USDA "), Green Valley hereby agrees to the modification of the boundaries of its CCN #10646 to exclude the area contained within the Property, such area to be transferred from Green Valley's CCN #10646 to the area to be encompassed within the Schertz CCN #10645. Schertz shall bear the cost and responsibility of obtaining TCEQ approval of this Agreement, while Green Valley shall bear the cost and responsibility of obtaining USDA approval. Schertz may authorize the affected developer to bear this cost and responsibility on the City's behalf, and the affected developer has agreed to do so. 7. In accordance with Texas Water Code Section 13.248, but at all times subject to the approval by TCEQ, Schertz hereby agrees to the expansion and modification of the boundaries of its CCN #10645 to include the area contained within the Property, such area to be transferred from Green Valley's CCN #10646 to now be encompassed within the Schertz CCN #10645. 8. Green Valley and Schertz agree that no compensation shall be due and owing between Schertz and Green Valley in conjunction with such transfer, since no real or personal property of either party is contained within the Property or is being affected by such transfer. 9. Schertz agrees that, upon approval of the revision to its CCN boundaries by TCEQ to include the Property within the boundaries of its CCN #10645, Green Valley shall have no further obligation to provide retail water service to the Property, and that Schertz shall be solely responsible for the provision of retail water service to the owners and occupants of the Property under such terms and conditions as are allowed under its CCN and any applicable governmental statutes and regulations. General Provisions GOVERNING LAW. THIS AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED AND INTERPRETED IN ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS. ALL ACTS REQUIRED OR PERMITTED TO BE PERFORMED HEREUNDER ARE PERFORMABLE IN GUADALUPE COUNTY, TEXAS, AND IT IS AGREED THAT ANY CIVIL ACTION BROUGHT TO ENFORCE OR Final- Revised Agreement Between City of Schertz and Green Valley Special CONSTRUE THE TERMS OR PROVISIONS HEREOF OR TO ENJOIN OR REQUIRE THE PERFORMANCE OF ANY ACT IN CONNECTION HEREWITH, SHALL BE BROUGHT IN A COURT OF COMPETENT JURISDICTION SITTING IN GUADALUPE COUNTY, TEXAS. IT IS AGREED THAT ANY ADMINISTRATIVE LAW ACTION BROUGHT TO ENFORCE OR CONSTRUE THE TERMS OR PROVISIONS HEREOF OR TO ENJOIN OR REQUIRE THE PERFORMANCE OF ANY ACT IN CONNECTION HEREWITH, SHALL BE BROUGHT AT THE TCEQ OR ITS SUCCESSOR AGENCY. Construction and Severability. If this Agreement, or any word, clause, sentence, paragraph or other part thereof, shall be susceptible to more than one or conflicting interpretations, then the interpretation which is more nearly in accordance with the general purposes and objectives of this Agreement shall govern. In the event one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision hereof and this Agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. Unintended Omission. If any punctuation, word, clause, sentence or provision necessary to give meaning, validity or effect to any other word, clause, sentence or provision appearing in this Agreement shall be omitted herefrom, then it is hereby declared that such omission was unintentional and that the omitted punctuation, word, clause, sentence or provision shall be supplied by inference. Amendment. This Agreement may not be amended or terminated except by an instrument signed by all parties to this Agreement. Entire Agreement. This Agreement reflects the entire agreement betwee . the parties hereto pertaining to the subject matter hereof and supersedes all prior and contemporaneous agreements and understandings of the parties in connection herewith. Multiple Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, and all of which together shall be construed as one and the same instrument. WHEREFORE, this Agreement is executed this _ day of 2014, at , Texas. SCHERTZ: City of Schertz By: _ Name: Title: Final- Revised Agreement Between City of Schertz and Green Valley Special GREEN VALLEY: Gree By: Nam Title ACKNOWLEDGED AND AGREED TO BY: Parklands Subdivisior0rwert A Owner By: t44W64Ak, Name: %y14z-1Am 4u. .4 Title: ^,*vA46; Rr Final- Revised Agreement Between City of Schertz and Green Valley Special Utility District clean EMIT r TRACTI 194.56ACRES STATE OF TEXAS COUNTY OF GUADALUPE Field notes for a 194.56 acre tract of land out of the Carrol K Gabogan, Jr. Survey Number 25, Abstract Number 142, situated in Guadalupe County, Texas,•being comprised ofthe following tracts: (TRACT I) being 49.59 acreg in a deed from Hugo Zuercher and wife,, Elisa Zuercher to Elsa Zuercher and husband, Eugene Fmboese, recorded in Volume 338, Page 6 of the Deed Records of Guadalupe County, Texas; (TRACT 11) being 10.13 acre tract of land out of the John Noyes Survey,No. 259, Abstract 253 in Guadalupe County, Texas, being 10.13 acre tract out of a called 163 -1144 acre tract as described in a deed from August Kreitz et ux to Rudolph Reininger; recorded in Volume 25, page 554 of the Deed Records of Guadalupe County, Texas.. Said 10.13 acre tract out of the southeast comer of a called 60.800 acre tract conveyed as follows: '144 interest to James W. Roberson, Jr. by deed recorded in Volume 1064, Page 1; '144 interest to James W. Roberson; Jr. by deed Yworded in Volume 1077, Page 65; 1/3 interest to James W. Roberson, Jr., 1/3 interest to Patrick Edward Roberson and 1/3 interest to Erick James Roberson by deed recorded in Volume 1130, .Page 713 of the Official Public Records of Guadalupe County, Texas. Said 10.13 arse being the same'land as described In a Quitclaim Deed from James W. Roberson, Jr. to Erilc James Roberson, recorded in Voluine 1799, Page 29 of the Official Public Records of Guadalupe County, Texas. (TRACT III) being 38.18 acres of land out of a called 60.800 acre tract out of that certain 163 -1/ acre tract of land as described in a deed from Auguste Kreitz and wife Rudolph Reininger, recorded in Volume 25, Page 554 of the Deed Records of Guadalupe County, Texas, same being that 163 -% acre tract of land as described In a deed from Adolph J. Reininger and Iola C. Reininger to Adolph J. Reininger and Iola C. Reininger Living Trust, recorded in Volume 972, Page 549 of the Official Records of Guadalupe County, Texas, said Living Trust revoked by instrument in writing , recorded in Volume 1062, Page 343 of the Official Public Records of Guadalupe County, Texas. CMACT.IV) being the 'remaining undivided 35.83 acres out of a 55.80 acre tract of land out of the John Noyes Survey No. 259, Abstract No. 253, Guadalupe County, Texas, and being 35.83 acres of land ant of that certain 163 % acre tract of land described in a deed from August Kreitz and wife to Rudolph Reininger dated October 23, 1905 and 'recorded in Volume 25, Pages 554 -555, Deed Records of Guadalupe County, Texas, being that same 163 % acre tract of land described in a deed from Adolph J. Reininger and Iola C. Reil fter to Adolph J. Reininger and Iola C. Reininger Living Trust *dated October 24, 1991, and recorded in Volume 972, Pages 549 -550, Official Records of Guadalupe County, Texas, said Living Trust being revoked by instrument in writing on July 31, 1993, by Adolph J. Reininger and Iola C. Reininger and recorded in Volume 1062, Page 343 of the Official Records of Guadalupe County, Texas, said tract of land being partitioned by Deed of Partition dated October 30, 1995 to Sheri Lee Brumfield Waters from and by Jo Ann Brumfield and Michael Alton Brumfield a 10 acre tract of land in fee simple recorded in Volume 1173, Pages 260- 267, Guadalupe County, Texas, said tract of land being fimther partitioned by Deed of Partition executed as of March 17, 1997 to Michael Alton Brumfield from and by Jo Ann Brumfield a 10 acre tract of land in The simple recorded In Guadalupe Cotinty, Texas. CIRACT V) being a 60.83 acre tract of land out of the Carol ht Gahogan, Jr. Survey Number 25, Abstract Number 142, situated in Guadalupe County, Texas, and being a called 60.800 acre Partition Tract out of those certain 'called 163 % acre and 80 acre tract described in the Adolph J. Reininger and Iola C. Reininger Living Trust dated October 24, 1991 and recorded is Volume 972, Page 549 of the Official Public Records of Guadalupe County, Texas. Said 60.800 acres being the same property compiled by the following deeds-to Iola Deanna Smith, recorded as follows; Volume 1064, Page 119 (one fourth interest); Volume 1077, Page 69 (one -forth interest) Volume 1500, Page 791 (one -third interest in remaining 30.04 acres); Volume 1503, Page 805 (one third interest is remaining 30.04 acres) and Volume 1503, Page 809 (one-third interest in remaining 30.04 acres) all In the Official Public Records of Guadalupe County, Texas. Said 60.83 aces also being the same land as described as 60.800 acres in a deed from Iola Deanna Smith to William N. Wctz and James 0. Stutz, recorded in Volume 1503, Page 813 of the Official Public Records of Guadalupe County, Texas. Said 194.56 acre tract being more particularly described by metes and bounds as follows; PAGE 1 OF 4 EXHIBIT c BEGINNING at.a one.balf.irich steel pin•found.at the point of intersection of the sou theast• line of Froboese Road (a privately maintained right-,of way), and the' northwest line of the aforesaid 163 % acre tract with the center line of a 60' wide Road Easement ]mown as Iola Way, for the north comer of a called 55.80' acre tract as described in a deect iom Iola C. Reininger to Jo Ann Brumfield, recorded in Volume 1064, Page 119 and Volume 1077, Page 73 of the Official Public Records of Guadalupe County, Texas. Said point also being the north aomer'of a called* I0.000 acre tract as described is a deed from Jo Ann•$rumfield and Mrchael Alton Brumfield. to Sherie Lee Brumfield Waters, recorded in Volume 1173, Page 260 of the Official Public Records of Guadalupe County, Texas. Said point also being the west comer; of the aforesaid 60.800 acres-in a deed from Iola•Deanna Smith to William N. Wetz and James 0. Start7, recorded in Volume. 1503, Page 813 of the Official Public Records of Guadalupe County, Texas. THENCE with the southeast line of Froboese Road (a privately maintained right-of-way) and the northwest line of the aforesaid 163 % acre tract and the northwest line of the aforementioned 80 acre tract North 64° 27' 49" East, a distance of 110056 feet to a one half inch steel pin found for the west comer of a called 80 acre tract as described in a deed from Norman Schuetz and Evelyn Schuetz to B. A. Sanders and-Agnes Sanders, recorded in Volume 328, Page 254 of the Deed Records of Guadalupe County, Texas, and being the north comer of the herein described 194.56 acre tract. THENCE with the common line of this tract and the aforesaid 80 acre Sanders tract the following three calls; South 24° 35' 18" East, a distance of 915.17 feet to- a one half inch steel pin found for an interior comer of this tract North 54° 13' 09" East, •a distance of 1024.08 feat to a one half inch steel pin set for the eastem most north comer of this tract and South 24° 42' 57" East, a distance of 968.40 feet to a one half inch steel pin found for the north comer of a called 60.800 acre tract as'deaeribed in the foll owing deeds to Nancy Ann Pinder,, Volume 1064, Page 119; Volume 1078, Page 387 and Volume 1306, Page 477 all of the Official Public Records of Guadalupe Cduzfly,, Texas and being the oast corner ofthis tract. THENCE cutting across the aforesaid 80 and 163' / acre tracts, with the northwest line of the Nancy Ann Pinder 60.800 acres and the southeast line of the Iola Deanna Smith 60.800 acre tract South 66° 50' 26" West, a distance of 2092.08 feet to a one half inch steel pin found in the centerline of Iola Way for the west comer of'thb Nancy Ann Pinder' 60:800'aeres, the north corner of it calli:d'60.800 acre tract as described is a deed to James W. Roberson, Jr., recorded in Volume 1064, Page 119; Volume 1077, Page 65 and Volume 1130, Page 713 all being in the Official Public-Records of Guadalupe County, Texas. Said point'also being the west comer of the aforesaid Jo Ann Brumfield 55.80 acre tract and the south comer of the Iola Deanna Smith 60.800 acre tract, and being an interior comer of the herein described 194.56 acre tract. THENCE with the southwest line of the aforesaid 60.800 acre Pinder Tract, South 25° 21' 48" East, a distance of 683.67 feet to a one belf inch goal pin set for the north comer of a called 10.13 acre tract as described in a Quickclaim Deed to Erik James Roberson, recorded in Volume 1799; Pae 29 of the Official Public Records of Guadalupe County, Texas g THENCE with the southwest line of the aforesaid 60.800 acre Pinder Tract, South 25° 21' 48" East, a distance of 709.21 feet to a one 'balf inch steel pin found for the east comer of a called 10.13 acre tract es described in a Quickclaim Deed to Erik James Robersc� recorded in Volume 1799, Page 29 of the Official Public Records of Guadalupe County, Twws, being in a fence line the southeast line of the aforesaid 163 '/, acre tract; the northwest line of a 20 foot wide strip of land as described in deeds to The Haggard Company, recorded in Volume 647, Page 251 and Volume 647, Page 253 of the Official Public Records of Guadalupe County, Texas also being the South comer of a ealled'50.800 acre tract as described in deeds to Nancy Ann Pinder and Husband, Thomas Edwin Pinder recorded as %, interest in Volume 1064, Page 115 and % interest in Volume 1078, Page 387 of the Official Public Records of Guadalupe County, Texas, said point being the southern most east comer ofthis 194.56 acre tract. THENCE with the southeast line of the aforesaid 163 % acre tract also being the southeast line of the aforesaid 60.800 acre tract and the northwest line of The Haggard Company 20 foot wide strip of land the following two calls; South 601 18' 11" West; a distance of 92.39 feet to a one half inch steel pin found and South 60° 37' or West, a distance of 505.99 feet to a one half inch steel pin set for or the south com of the herein described 194.56 acre tract and being on the northeast line of a 1.65 acre (60 foot wide Road Access Easement). THENCE with the fenced southeast line of the aforesaid 163 % acre tract; South 60° 31' 52" West, a distance of 60.00 feet to a one balf inch steel pin found for the east comer of a called 7.000 acre tract as described in a deed to Eleanor Laverne Roberson, recorded is Volume 1894, Page 873 of the Official Public Records of Guadalupe County, Texas. PAGE 2 OF 4 THENCE with the northeast line ofthe aforesaid 7.000 acre tract North 29° 27' 40" West a distance of 489.45 feet to a one balf inch steel pin set for the north comer ofthe aforesaid 7.00 acre tract. THENCE with the northwest line of the aforesaid 7.000 acre tract, South 60° 36' 24" West, a distance of 623.29 feet to a one half inch steel pin found for the west comer of the 7.000 acre tract and being on the northeast line of a called 10.000 acre tract as described in a dead to-Eleanor Laverne Roberson (one -half interest), recorded in Volume 1894, Page 878 ofthe Official Public Records of Guadahupe County, Texas. THENCE ctiding•across the aforesaid 10.00- acre tract South 601 36' 24" West a distance of 464.59 feet to a one half inch steel pin set for the western most south comer ofthe herein described tract and being on the southwest line of the aforesaid 163 % acre tract. THENCE with the southwest line of this tract; North 25° 04' 06" West, a distance of 441.04 feet to a one half inch steel pin found for the west comer of the aforesaid 10.000 acre tract North 251 05' 20" West, a distance of 625.48 feet to a one half inch steel pin found; North 24° 59' 20" West, a distance of 207.90 feet to a one half inch steel pin found for the east corner of a called 49.4 acres in a deed from Hugo Zuercher and wife, Elisa Zuercher to Elsa Zuercher and husband, Eugene Froboese, recorded in Volume 338, Page 6 ofthe Deed Records of Guadalupe County, Texas, for an interior comer of this tract. Said point also being the north comer of a called 25 acres tract as described in a deed from Roland W. Erben et al to Harvey E. Hess, et al, recorded in Volume 323, Page 46 ofthe Deed Records of Guadalupe County, Texas. THENCE with the southeast line ofthe aforesaid 49.4 acre tract South 64° 05' 47" West a distance of 1364.14 feet to a fence comer post found on the northeast right -of -way line of Eckert Road for the south comer ofthe herein described 49.59 acre tract. THENCE along the northeast right -of -way line of Eckert Road, North 25° 29' 19" West, a distance of 1562.62 feet to a fence corner post found at a cutback at the intersection ofthe northeast right - of-way line of Eckert Road and the southeast line of (County Road No. 376D) Froboeso Road. THENCE with said cutback North 31° 47'56" East a distance of 25.80 &A to a fence comer post found for a corner ofthe herein described 49.59 acre tract. THENCE along the southeast line of (County Road No. 376D) Froboese Road, North 64° 19' 50" East, a distance of 1360.11 feet at a one half inch steel pin found at a fence comer post in the southeast line of County Road No. 376D, Froboese Road for the west comer of a called 3.164 acre tract as described in a deed from Jo Ann Brumfield to Sherie Lee Brumfield Waters and Michael Alton Brumfield, recorded in Volume 1544, Page 1 of the Official Public Records of Guadalupe County, Texas, and being the north comer ofthe 49.4 acres tract. THENCE with the northeast line ofthe aforesaid 49.4 acres tract and the southwest line ofthe aforesaid 3.164 acre tract South 24° 42' 28" East a distance of 208.7F filet to a one balf inch steel pin found for the south comer of the aforesaid 3.164 acre tract and being the west comer of•a called 5.00 acre tract as described in a deed from Adolph J. Reininger and Iola C. Reininger to Jo Ann Brumfield, recorded in Volume 1050, Page 448 ofthe Official Public Records of Guadalupe County, Texas. THENCE continuing with the northeast line ofthe aforesaid 49.4 acre tract and the southwest line ofthe aforesaid 5.00 acre tract South 24° 53' 11" East a distance of 330.25 feet to a one half inch steel pin found for the south comer of the aforesaid 5.00 acre tract and being the west comer of a the *called remaining 45.800 acres of land as described in a Deed of Partition from Sherie Lee Brumfield Waters to Jo Ann Brumfield and Michael Alton Brumfield, recorded in Volume 1173, Page 260 of the Official Public-Records of Guadalupe County, Texas, for an interior comerofthis tract. THENCE with the southeast line ofthe aforesaid 5.000 acre tract, North 64° 28' 13" East a distance of 660.12 f6et to a one half inch steel pin found for the east line of the aforesaid 5.000 acre tract and being on the southwest line of a called 10.000 acre tract as described in a deed to Sherie Lee Brumfield Waters, recorded is Volu me 1173, Page 260 ofthe Official Public Records of Guadalupe -County, Texas. THENCE with the southwest line of the aforesaid 10.000 acre tract South 24° 57' 42" East, a distance of 250.59 feet to a one half inch steel pin found for the south comer ofthe aforesaid 10.000 acre tract. PAGE 3 OF 4 TIDCNCE with the southeast line of the said 10.000 acre tract, North 64° 21' 41" East, a distance of 552.60 feet to a one half inch steel pin found for the east comer of the aforesaid 10.000 acre tract and being the south corner of a called 10.000 acre tract as described in a deed to Mchael Alton Brumfield, recorded in Volume 1262, Page 233 of the Official Public Records of Guadalupe County, Texas. TEOENCE with the southeast line of the aforesaid ]Michael Alton Brumfield 10.000 acre tract, North 64° 17' 41" East, a distance of 554.57 feet to a one half inch steel pin found in the centerline of a 60 foot wide Road Easement known as Iola Way (Private Road) for the eastern most north comer of the herein described 35.83 acre tract and being the east comer of the aforesaid 10.000 acre tract Said point also being on the southwest line of a called 60.800 acre tract as described in a deed to William N. Wetz and James 0. Startr, recorded in Volume 1503, Page 813 of the Official Public Records of Guadalupe County, Texas. THENCE with the centerline of Iola Way, North 251 09' 47" West, a distance of 787.29 feet to the place ofBEGINMG. Bearings based on deed recorded in Volume 1064, Page 1 of the Official Public Records of Guadalupe County, Texas. (All pins set with red cap stamped No. 4724) I, Jerry D. Wilkie, Jr., hereby certify that these field notes were prepared from an on the ground survey made under my direction and supervision on August 9, 2005. Jerry D. Wilkie, Jr. Registered Professional Land Surveyor No. 4724 PAGE 4 OF 4 N � r !II! ! !< I'! !z all ill N 1 / 3 ¢' 1✓�u � s 0 to Ln i I i cn Y a fit, ii i � I THIS DOCUMENT HAS BEEN PRODUCED FROM MATERIAL THAT WAS STORED AND /OR TRANSMITTED ELECTRONICALLYAND MAY HAVE BEEN INADVERTENTLYALTERED. RELY ONLY ON FINAL HARDCOPY MATERIALS BEARING THE CONSULTANT'S ORIGINAL SIGNATURE AND SEAL. THIS DOCUMENT HAS BEEN PRODUCED FROM MATERIAL THAT WAS STORED AND /OR TRANSMITTED ELECTRONICALLYAND MAY HAVE BEEN INADVERTENTLYALTERED. RELY ONLY ON FINAL HARDCOPY MATERIALS BEARING THE CONSULTANT'S ORIGINAL SIGNATURE AND SEAL. EXIBTr - TRACTI 194.56 ACRES STATE OF TEXAS COUNTY OF GUADALUPE Field notes for a 194.56 acre tract of land out of the Carrol M. Gahogan, Jr. Survey Number 25, Abstract Number 142, situated in Guadalupe County, Texas,.being comprised of the following tracts: (TRACT 1) being 49.59 acres in a deed from Hugo Zuercher and wife, Elisa Zuercher to Elsa Zuercher and husband, Eugene Froboese, recorded in Volume 338, Page 6 of the Deed Records of Guadalupe County, Texas; (TRACT 11). being 10.13 acre tract of land out of the John Noyes Survey. No. 259, Abstract 253 in Guadalupe County, Texas, being 10.13 acre tract out of a called 163 9/. acre tract as described in a deed from August Kreitz et ux to Rudolph Reininger, recorded in Volume 25, page 554 of the Deed Records of Guadalupe County, Texas., Said 10.13 acre tract out of the southeast comer of a called 60.800 acre tract conveyed as follows: '/. interest to James W. Roberson, Jr. by deed recorded in Volume 1064, Page 1; ' interest to James W. Roberson; Jr. by deed'recorded in Volume 1077, Page 65; 1/3 interest to James W. Roberson, Jr., 1/3 interest to Patrick Edward Roberson and 1/3 interest to Erick James Roberson by deed recorded in Volume 1130, .Page 713 of the Official Public Records of Guadalupe County, Texas. Said 10.13 acre being the same land as described in a Quitclaim Deed from James W. Roberson, Jr. to Erik James Roberson, recorded in Volume 1799, Page 29 of the Official Public Records of Guadalupe County, Texas. (TRACT III) being 38.18 acres of land out of a called 60.800 acre tract out of that certain 163 % acre tract of land as described in a deed from Auguate Kreitz and wife Rudolph Reininger, recorded in Volume 25, Page 554 of the Deed Records of Guadalupe County, Texas, same being that 163 3/ acre tract of land as described in a deed from Adolph J. Reininger and Iola C. Reininger to Adolph J. Reininger and Iola C. Reininger Living Trust recorded in Volume 972, Page 549 of the Official Records of Guadalupe County, Texas, said Living Trust revoked by instrument in writing , recorded in Volume 1062, Page 343 of the Official Public Records of Guadalupe County, Texas. (TRACT& M being the remaining undivided 35.83 acres out of a 55.80 acre tract of land out of the John Noyes Survey No. 259, Abstract No. 253, Guadalupe County, Texas, and being 35.83 acres of land out of that certain 163 % acre tract of land described in a deed from August Kreitz and wife to Rudolph Reininger dated October 23, 1905 and recorded in Volume 25, Pages 554 -555, Deed Records of Guadalupe County, Texas, being that same 163 % acre tract of land described in a deed from Adolph J. Reininger and Iola C. Reininger to Adolph J. Reininger and Iola C. Reininger Living Trust m dated October 24, 1991, and recorded in Volue 972, Pages 549 -550, Official Records of Guadalupe County, Texas, said Living Trust being revoked by instrument in writing on July 31, 1993, by Adolph J. Reininger and Iola C. Reininger and recorded in Volume 1062, Page 343 of the Official Records of Guadalupe County, Texas, said tract of land being partitioned by Deed of Partition dated October 30, 1995 to Sheri Lee Brumfield Waters from and by Jo Ann Brumfield and Michael Alton Brumfield a 10 acre tract of land in fee simple recorded in Volume 1173, Pages 260- 267, Guadalupe County, Texas, said tract of land being further partitioned by Deed of Partition executed as of March 17, 1997 to Michael Alton Brumfield from and by Jo Ann Brumfield a 10 acre tract of land in fee simple recorded in Guadalupe County, Texas. (TRACT V) being a 60.83 acre tract of land out of the Carrol M. Gahogan, Jr. Survey Number 25, Abstract Number 142, situated in Guadalupe County, Texas, and being a called 60.800 acre Partition Tract out of those certain called 163 % acre and 80 acre tract described in the Adolph J: Reininger and Iola C. Reininger Living Trust dated October 24, 1991 and recorded in Volume 972, Page 549 of the Official Public Records of Guadalupe County, Texas. Said 60.800 acres being the same property compiled by the following deeds-to Iola Deanna Smith, recorded as follows; Volume 1064, Page 119 (one - fourth interest); Volume 1077, Page 69 (one -forth interest) Volume 1500, Page 791 (one -third interest in remaining 30.04 acres); Volume 1503, Page 805 (one -third interest in remaining 30.04 acres) and Volume 1503, Page 809 (one4hird interest in remaining 30.04 acres) all in the Official Public Records of Guadalupe County, Texas. Said 60.83 acres also being the same land as described as 60.800 acres in a deed from Iola Deanna Smith to William N. WcL, and Jaynes 0. Startz, recorded in Volume 1503, Page 813 of the Official Public Records of Guadalupe County, Texas. Said 194.56 acre tract being more particularly described by metes and bounds as follows; PAGE 1 OF 4 BEGINNING at -a one,half.inch steel pin found at the point of intersection of the southeast line of Froboese Road (a privately Maintained right >of way), and the' northwest line of the aforesaid 163% acre tract with the center line of a 60' wide Road Easement loiown as Iola Way, for the north comer of a called 55.80 acre tract as described in a deed' from Iola C. Reininger to Jo Ann Brumfield, recorded in Volume 1064, Page 119 and Volume 1077, Page 73 of the Official Public Records of Guadalupe County, Texas. Said point also Tieing the north comer, of a called, I UM acre tract as described in a deed' from Jo Ann $rumfield and Michael Alton Brumfield to Sherie Lee Brumfield Waters, recorded in Volume 1173, Page 260 of the Official Public Records of Guadalupe County, Texas. Said point also being the west comer of the aforesaid 60.800 acres in a deed from IolaDeanna Smith to William N. Wetz and James 0. Startz, recorded in Volume. 1503, Page 813 of the Official Public Records of Guadalupe County, Texas. THENCE with the southeast line of Froboese Road (a privately maintained right-of-way) and the northwest line of the aforesaid 163 % acre tract and the northwest line of the aforementioned 80 acre tract, North 64° 27' 49" East a distance of 1100.56 feet to a one half inch steel pin found for the west comer of a called 80 acre tract as described in a deed from Norman Schuetz and Evelyn Schuetz to B. A. Sanders and Agnes Sanders, recorded in Volume 328, Page 254 of the Deed Records of Guadalupe County, Texas, and being the north comer of the herein described 194.56 acre tract. THENCE with the common line of this tract and the aforesaid 80 acre Sanders tract the following three calls; South 24° 35' 18" East, a distance of 915.17 feet to a one half inch steel pin found for an interior comer of this tract; North 54° 13' 09" East, a distance of 1024.08 feet to a one half inch steel pin set for the eastern most north comer of this tract and South 24° 42' 57" East, a distance of 968.40 feet to a one half inch steel pin found for the north comer of a called 60.800 acre tract as'described in the following deeds to Nancy Ann Pinder, Volume 1064, Page 119; Volume 1078, Page 387 and Volume 1306, Page 477 all of the Official Public Records of Guadalupe County, Texas and being the east comer ofthis tract. THENCE cutting across the aforesaid 80 and 163 '/a acre tracts, with the northwest line of the Nancy Ann Pinder 60.800 acres and the southeast line of the Iola Deanna. Smith 60.800 acre tract, South 660 50' 26" West, a distance of 2092.08 feet to a one half inch steel pin found in the centerline of Iola Way for the west comer of thb Nancy Ann Pinder 60.800 acres, the north comer of a called' 60.800 acre tract as described in a deed to James W. Roberson, Jr., recorded in Volume 1064, Page 119; Volume 1077, Page 65 and Volume 1130, Page 713 all .being in the Offibial Public Records of Guadalupe County, Texas. Said point also being the west comer of the aforesaid Jo Ann Brumfield 55.80 acre tract and the south comer. of the Iola Deanna Smith 60.800 acre tract, and being an interior comer of the herein described 194.56 acre tract. THENCE with the southwest line of the aforesaid 60.800 acre Pinder Tract, South 25° 21' 48" East a distance of 683.67 feet to a one half inch steel pin set for the north comer of a called 10.13 acre tract as described in a Quickclaim Deed to Erik James Roberson, recorded in Volume 1799, Page 29 of the Official Public Records of Guadalupe County, Texas. THENCE with the southwest line of the aforesaid 60.800 acre Pinder Tract South 25° 21' 48" East, a distance of 709.21 feet to a one half inch steel pin found for the east comer of a called 10.13 acre tract as described in a Quickclaim Deed to Erik James Roberson, recorded in Volume 1799, Page 29 of the Official Public Records of Guadalupe County, Texas, being in a fence line the southeast line of the aforesaid 163 % acre tract; the northwest line of a 20 foot wide strip of land as described in deeds to The Haggard Company, recorded in Volume 647, Page 251 and Volume 647, Page 253 of the Official Public Records of Guadalupe County, Texas also being the South comer of a called 50.800 acre tract as described in deeds to Nancy Ann Pinder and Husband, Thomas Edwin Pinder recorded as %s interest in Volume 1064, Page 115 and '/s interest in Volume 1078, Page 387 of the Official Public Records of Guadalupe County, Texas, said point being the southem most east comer of thus 194.56 acre tract. THENCE with the southeast line of the aforesaid 163 3/. acre tract also being the southeast line of the aforesaid 60.800 acre tract and the northwest line of The Haggard Company 20 foot wide strip of land the following two calls; South 60° 18' 11" West a distance of 92.39 feet to a one half inch steel pin found and South 60° 37' 07" West a distance of 505.99 feet to a one half inch steel pin set for the south comer of the herein described 194.56 acre tract and being on the northeast line of a 1.65 acre (60 foot wide .Road Access Easement). THENCE with the fenced southeast line of the aforesaid 163 % acre tract, South 60° 31' 52" West a distance of 60.00 feet to a one half inch steel pin found for the east comer of a called 7.000 acre tract as described in a deed to Eleanor Laverne Roberson, recorded in Volume 1894, Page 873 of the Official Public Records of Guadalupe County, Texas. PAGE 2 OF 4 THENCE with the northeast line of the aforesaid 7.000 acre tract North 29° 27' 40" West, a distance of 489.45 feet to a one half inch steel pin set for the north comer of the aforesaid 7.00 acre tract. THENCE with the northwest line of the aforesaid 7.000 acre tract, South 60° 36' 24" West a distance of 623.29 feet to a one half inch steel pin found for the west comer of the 7.000 acre tract and being on the northeast line of a called 10.000 acre tract as described in a deed to Eleanor Laverne Roberson (one -half interest), recorded in Volume 1894, Page 878 of the Official Public Records of Guadalupe County, Texas. THENCE cutting-across the aforesaid 10.00 acre tract, South 60° 36' 24" West, a distance of 464.59 feet to a one half inch steel pin set for the western most south comer of the herein described tract and being on the southwest line of the aforesaid 163 % acre tract. THENCE with the southwest line of this tract, North 25° 04' 06" West, a distance of 441.04 feet to a one half inch steel pin found for the west comer of the aforesaid 10.000 acre tract; North 25° 05' 20" West, a distance of 625.48 feet to a one half inch steel pin found; North 24° 59' 20" West, a distance of 207.90 feet to a one half inch steel pin found for the east comer of a called 49.4 acres in a deed from Hugo Zuercher and wife, Elisa Zuercher to Elsa Zuercher and husband, Eugene Froboese, recorded in Volume 338, Page 6 of the Deed Records of Guadalupe County, Texas, for an interior comer of this tract. Said point also being the north comer of a called 25 acres tract as described in a deed from Roland W. Erben et al to Harvey E. Hess, et al, recorded in Volume 323, Page 46 of the Deed Records of Guadalupe County, Texas. THENCE with the southeast line of the aforesaid 49.4 acre tract, South 64° 05' 47" West a distance of 1364.14 feet to a fence comer post found on the northeast right -of -way line of Eckart Road for the south comer of the herein descnbad 49.59 acre tract. THENCE along the northeast right -of -way line of Eckart Road, North 25° 29' 19" West, a distance of 1562.62 feet to a fence comer post found at a cutback at the intersection of the northeast right -of -way line of Eckart Road and the southeast line of (County Road No. 376D) Froboese Road. THENCE with said cutback, North 3 V 47' 56" East a distance of 25.80 feet to a fence comer post found for a comer of the herein described 49.59 acre tract. THENCE along the southeast line of (County Road No. 376D) Froboese Road, North 649 19' 50" East a distance of 1360.11 feet at a one half inch steel pin found at a fence comer post in the southeast line of County Road No. 376D, Froboese Road for the west comer of a called 3.164 acre tract as described in a deed from 7o Ann Brumfield to Sherie Lee Brumfield Waters and Michael Alton Brumfield, recorded in Volume 1544, Page 1 of the Official Public Records of Guadalupe County, Texas, and being the north comer of the 49.4 acres tract. THENCE with the northeast line of the aforesaid 49.4 acres tract and the southwest line of the aforesaid 3.164 acre tract, South 24° 42' 28" East, a distance of 208.79 feet to a one half inch steel pin found for the south comer of the aforesaid 3.164 acre tract and being the west comer of a called 5.00 acre tract as described in a deed from Adolph J. Reininger and Iola C. Reininger to 7o Ann Brumfield, recorded in Volume 1050, Page 448 of the Official Public Records of Guadalupe County, Texas. THENCE continuing with the northeast line of the aforesaid 49.4 acre tract and the southwest line of the aforesaid 5.00 acre tract, South 24° 53' 11" East a distance of 330.25 feet to a one half inch steel pin found for the south comer of the aforesaid 5.00 acre tract and being the west comer of a the called remaining 45.800 acres of land as described in a Deed of Partition from Sherie Lee Brumfield Waters to Jo Ann Brumfield and Michael Alton Brumfield, recorded in Volume 1173, Page 260 of the Official Public-Records of Guadalupe County, Texas, for an interior corner of this tract. THENCE with the southeast line of the aforesaid 5.000 acre tract North 64° 28' 13" East, a distance of 660.12 feet to a one half inch steel pin found for the east line of the aforesaid 5.000 acre tract and being on the southwest line of a called 10.000 acre tract as described in a deed to Sherie Lee Brumfield Waters, recorded in Volume 1173, Page 260 of the Official Public Records of Guadalupe County, Texas. THENCE with the southwest line of the aforesaid 10.000 acre tract South 24° 57' 42" East a distance of 250.59 feet to a one half inch steel pin found for the south comer of the aforesaid 10.000 acre tract. PAGE 3 OF 4 THENCE with the southeast line of the said 10.000 acre tract, North 64° 21' 41" East, a distance of 552.60 feet to a one half inch steel pin found for the east corner of the aforesaid 10.000 acre tract and being the south comer of a called 10.000 acre tract as described in a deed to Michael Alton Brumfield, recorded in Volume 1262, Page 233 of the Official Public Records of Guadalupe County, Texas. THENCE with the southeast line of the aforesaid Michael Alton Brumfield 10.000 acre tract, North 64° 17' 41" East, a distance of 554.57 feet to a one half inch steel pin found in the centerline of a 60 foot wide Road Easement known as Iola Way (Private Road) for the eastern most north comer of the herein described 35.83 acre tract and being the east comer of the aforesaid 10.000 acre tract. Said point also being on the southwest line of a called 60.800 acre tract as described in a deed to William N. Wetz and James 0. Startz, recorded in Volume 1503, Page 813 of the Official Public Records of Guadalupe County, Texas. THENCE with the centerline of Iola Way, North 25° 09' 47" West, a distance of 787.29 feet to the place of BEGINNING. Bearings based on deed recorded in Volume 1064, Page 1 of the Official Public Records of Guadalupe County, Texas. (All pins set with red cap stamped No. 4724) 1, Jerry D. Willie, Jr., hereby certify that these field notes were prepared from an on the ground survey made under my direction and supervision on August 9, 2005. Jerry D. Wilkie, Jr. Registered Professional Land Surveyor No. 4724 PAGE 4 OF 4 il;r a RD C� €c€ � npu agsg 3a� c &�Ey g i EElsp E y D Z:" spa � O 3 i a dR Z E6E�d< §akf C y pSpt $; 9dK aq c9g €� EsC�C$ i z m m O C7 m 1 �d € 1R iii dd F = OC O @ m m C rt m C XDD w .+Y ZNC)Z $ 0 Z T� gg L)mZ m y 99 �2 A 6 d (A OLi ` HI Allp . { E! aP p . iIIA �C � i Oyi4N i�` \r -PO t la�O �4 Q y 9 � i :E H YS4 �L it i �a , ',; `•� �' ��` l r%j�i`; ���, �.., �9. �i s�.a✓� \ "�' 4 t' 'p! 6"a+�' V.ws d as � � LtlOil $ t� S, i a L �\ i� Agenda No. 4 CITY COUNCIL MEMORANDUM City Council Meeting: June 3, 2014 Department: Human Resources Subject: Resolution No. 14 -R -47 - Amendment to City of Schertz employee policies BACKGROUND The employee policy handbook was last updated in May, 2008. Many of the policies contained within the policy handbook should be updated to meet legal and operational compliance. Staff has performed their due diligence in ensuring the proposed changes to personnel policy are appropriate through the following process: 1. Benchmark best practices of other municipalities in the South - Central Texas Region. 2. Solicit input from key stakeholders and Subject Matter Experts (SME's) 3. The development of an ad -hoc review committee consisting of individuals from various departments to ensure the policies fit the unique needs, culture, and values of the City of Schertz. 4. Vet policies through other review committees consisting of: a. Administrative Assistants (Gatekeepers) b. Department Heads c. City Management d. City Employment Attorney e. City Council Goal To amend various policies contained within the employee policy handbook to provide clarity of direction to city staff. Community Benefit These policy amendments provide greater clarity to supervisors and employees in their capacity as public servants. Summary of Recommended Action Performance Management Policy • Provides uniform processes for communicating performance expectations • Evaluations will be conducted twice per year • Streamline communication in performance management • Merit will serve as a basis for merit increases • Checks and balances for consistent review of evaluations • Formal Appeals process Time Reporting} Policy • Identify_ probation at different stages • Probation is 6 months FISCAL IMPACT None RECOMMENDATION Approve Resolution No. 14 -R -47 approving the recommendations from staff to implement proposed policy changes. ATTACHMENT(S) Resolution No. 14 -R -47 Current Policies to be replaced Retooled Performance Management and Probation Policy RESOLUTION NO. 14 -R -47 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING CHANGES TO THE CITY'S PERFORMANCE MANAGEMENT AND PROBATION POLICY AS CONTAINED IN THE CITY OF SCHERTZ EMPLOYEE POLICY HANDBOOK AND THE CREATION OF THE EMPLOYEE CLASSIFICATION POLICY TO BE ADDED TO THE EMPLOYEE POLICY HANDBOOK. WHEREAS, the City staff of the City of Schertz (the "City ") has recommended that the City review and approve the amendments to the proposed policies presented by city staff in accordance with the City of Schertz Charter; and WHEREAS, the City Staff has identified areas of improvement within the current city policies for the purpose of correction, compliance, and communication. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS THAT: Section 1. The City Council hereby authorizes the approval of staff recommendations to amend the current Performance Management and Probation Policy and create a Classification of Employment Policy within the City of Schertz Employee Policy Handbook. 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 day of , 2014. CITY OF SCHERTZ, TEXAS Mayor, Michael R. Carpenter ATTEST: City Secretary, Brenda Dennis (CITY SEAL) 50506221.1 - 2 - ® No employee will be retaliated against for making a good faith complaint or bringing such conduct to the City's attention. 5.3 Disagreement Procedures It is the policy of the City to prevent the occurrence of complaints or disagreements regarding work assignments or treatment by an employee's supervisor whenever possible and to deal promptly with those complaints or disagreements that do arise. An employee with a problem or concern should discuss the matter with his or her immediate supervisor and attempt to come to an understanding. If the immediate supervisor cannot settle the complaint or disagreement to the employee's or supervisor's satisfaction, the employee's Department head will attempt to settle the complaint or disagreement. If the problem cannot be settled at the Department level, the complaint or disagreement will be presented to the City Manager. The City Manager will consider, and, if necessary, investigate the circumstances of the complaint or disagreement. The City Manager will make a decision and notify the Department head and the employee of his or her decision as soon as practical. The decision of the City Manager will be final 5.4 Emnlovee Evaluations Every City employee's job performance will be evaluated by his or her Department head at least once a year. The evaluation will generally take place in the month of the employee's anniversary date of employment. Non - supervisory employees are rated on the basis of the quantity and quality of work performed, work habits, relationship with co- workers, initiative, dependability, and integrity. Supervisors, in addition to being rated in these areas, will also be evaluated on their supervisory and administrative abilities, such as cooperation from workers, delegation of assignments, and acceptance of responsibility. The evaluation will indicate either an outstanding, satisfactory, or unsatisfactory performance. If an employee disagrees with his or her evaluation, he or she may use the procedure set forth in the preceding Section. 5.5 Promotions Promotions may result in an increase in any one or more of salary, position, authority, and /or status. Promotions are based upon such factors as efficiency, performance, length of service, and the superior qualifications of the person to be promoted as shown by his or her previous service and work knowledge. No promotions will be based solely on the basis of length of service or longevity. A Department head will notify the City Manager of any vacancy that is to be filled through promotion in his or her department. In the event a promotion will pertain to a police officer, fire fighter, or paramedic or a person who will assume a supervisory position upon receipt of a promotion, the Department head will advise the City Manager of the recommended promotion. The City Manager will designate a representative to assist the Department head in making a decision and submitting a nominee to the City Manager. The City Manager will be the final authority for all police, fire and EMS promotions and promotions of persons to supervisory capacities. 50075301.2 V -2 SECTION III TRAINING AND DEVELOPMENT 3.1 Em7ith ees should r ceive an propriate ientation en they in workle-ity. for the C4loyee Thm loyee's e artment e or a s gnated r pr sentativ ill provi the ne e the nec ssa y infor ati n to u del stand h' 3 of her j , it relatio p to e oall str r and fu ctio of th City gover me , and t e pe sonn 1 poli ies ofi 3.2 he trai ing of any n w mploye is the resp si ility of Departm r head he o te will b orking. never po ible, new loyees 11 receive on -the jo unde close supervision of anaaement. V 3.3 Probationary Period New employees are required to serve a probationary period of one (1) year before being designated as regular employees. Upon recommendation of the Department head, however, the probationary period may be waived or extended (to a maximum of fifteen (15) months) by the City Manager. While a new employee is serving his or her probationary period, the Department head will observe the employee's work and will train and aid the new employee in adjusting to his or her position. Performance feedback evaluations for new employees may be done at any time and is recommended six (6) months following the date of hire. A formal performance evaluation for compensation consideration will be conducted at the end of the probationary period. Formal performance evaluations for compensation consideration are required annually or after the probationary performance evaluation is completed, if the probationary period is extended beyond one year. See Section IV Compensation and Benefits, paragraph 4.1.3 Compensation Plan and Section V Employee Labor Relations, paragraph 5.4., Employee Evaluations. During the probationary period, the Department head, after consultation with the City Manager, may dismiss any employee whose performance is determined not to be satisfactory. Two weeks prior to the end of the probationary period, the new employee's immediate supervisor will make a performance evaluation for the Department head, who will forward a written report recommending retention or termination to the City Manager. A new employee must earn a satisfactory rating to become a regular employee of the City. An additional probationary period of up to three (3) months (for a maximum probationary period of fifteen (15) months) may be authorized by the City Manager, upon the written recommendation of the new employee's Department head, if the employee has not earned a satisfactory rating at the end of the initial probationary period and if the Department head believes that the employee has the potential of becoming an asset to the City. An employee serving his or her probationary period may be terminated at any time, for any reason. Similarly, any employee who becomes a regular 50075301.2 III -1 employee remains an at -will employee of the City and may be terminated at any time, with or without notice or cause. The City Manager may establish similar probationary periods for persons employed as Department heads. Employees serving the initial probationary period accumulate vacation leave and sick leave the same as non - probationary regular employees. Vacation leave during the first six (6) months of probation will not be authorized except at the discretion of the Department head for significant personal events in the employee's life. Vacation time is allowed after six (6) months of probationary employment (see Section 4.3.2). Sick leave may be authorized for probationary employees under the following conditions: (1) such sick leave is specifically authorized by the City Manager with the written understanding that, should the employee not complete the first six (6) months of the probationary period, the amount paid for sick leave will be deducted from the employee's final paycheck, provided that such reduction will not be made in the event the failure to complete the probation period is a result of reduction in force or to the extent the reduction would cause the probationary employee's pay to be less than the minimum wage; or (2) after six (6) months of probationary employment to the extent that the employee has accrued sigjc leave time (see Section 4.3.3). Travel, Training, and Conference Procedure _® If travel expense ad anc s are to be obtain reques houtd be -made on form required by t e Finance Departure and the employee's D partment head �musf forward the e ployee's requ st to the ana er for consideration. If approved, the City Manager will f ward the reque t to t 11 e' finance De artme t for processin . 3 4.2 Per Die Allowa nee The per diem r c ua lodging, me Is, tips, and transp tation bet e place wh -dh or meals are pro id , ut not e ceed o-anl u ap roved from t1 e obi ` "by�the ty ouncil. n instanc s where act xp es xceed the ma imum per dies allowable; w .1 _2 roval must be obtai ed fir r anag r e me can b made. I computin r tr vel continuing o era 2 --hour eriod, he calendar day( ' igh o mi ight) will b t Fo trav l t rr secar�i 1 — i-s.w iem ra e should be i adjusted d wnwar t - s�.a me` send other tals. 3. r Tr' If poss ble, e �a3�e� alhtr n``crra�ll c ass" flight status. First -class o business- class flight pass is allowed only in instan fr la s- or-bus ness -c ass travel 50075301.2 III -2 SERVICE lJ CHOEI \ TZ I OPPORTUNITY CITY OF SCIIERTZ EMPLOYEE HANDBOOK Performance Management PREPARED BY: Human Resources APPROVED BY: City Council DATE APPROVED: TBD EFFECTIVE DATE: TBD REPLACES VERSION: 5.4 Purpose The purpose of the Performance Management Policy is to outline the City's performance management system for documenting employee performance. Performance management ensures constructive communication between employees and supervisors in the interest of productivity, quality, and fairness. The supervisor of an employee must specifically document in quantitative and qualitative terms whether or not, and to what degree, performance standards have been met. In order to ensure that all employees receive regular feedback on their performance, supervisors should evaluate the job performance of all employees working for them on a regular basis, but in every case, no less than twice a year. Performance evaluations establish a performance history with the organization and are used to help supervisors make decisions regarding performance standards, promotions, transfers, and merit increases. Performance evaluations also provide management with a tool for assessing individual and organizational productivity. All original performance evaluations are maintained by the Human Resources Department. Applicability This policy applies to all regular part-time and regular full -time City employees. Definitions Evaluation Period — The period beginning immediately after each employee's annual performance evaluation and ending immediately prior to the following annual performance evaluation. Demotion — To reduce to a lower pay grade or position with decreased responsibility Key Performance Indicators or KPIs — A set of quantifiable measures used to evaluate job performance in terms of meeting strategic or operational goals. Promotion — Advancement in pay and position with increased responsibility Transfer — To move to an equivalent position with comparable responsibility and pay SERVICE lJ CHOEI \ TZ I OPPORTUNITY CITY OF SCIIERTZ EMPLOYEE HANDBOOK Policy The City will provide a uniform and equitable process of communicating to employees the performance expectations, their actual achievements, and recommendations for improving performance. Performance management processes are critical because employees need to know areas in which they are having success as well as areas in which improvement is necessary to meet performance standards, expectations, and goals. Performance for regular full -time and regular part-time employees will be evaluated at least twice per year. Annual performance evaluations shall serve as the basis for any performance -based salary increases depending on the annual budget and merit goals. Temporary, seasonal, or contract employees, including interns, are not eligible to receive evaluations or merit increases. Performance Management Process The performance management process is used to set expectations, set goals, document performance, provide periodic feedback on performance, and to identify areas where improvement is needed. The performance management cycle includes the following activities: 1. In conjunction with each annual performance evaluation, supervisors and employees should discuss Key Performance Indicators, competencies, performance standards, goals, expectations, and employment development needs for the following Evaluation Period. These performance standards and expectations will provide a method of measuring job behaviors. 2. In conjunction with each annual performance evaluation, supervisors and employees will collaboratively create a performance plan for the employee, which identifies employee training and developmental needs to enhance and improve future performance and enhance career opportunities for the employee. It is also used to prepare employees for lateral and/or vertical career changes. Through the performance management process, goals can be set for acquiring new skills, improving and/or correcting current employee performance, and for acquiring new knowledge and skills to make career changes. Employee goals and expectations should be consistent with the City's vision, mission, goals, and core values. 3. Upon completion of 1 and 2 above, employees shall sign an acknowledgment of expectations, indicating their supervisor has evaluated their performance expectations and goals with them and that the employee understands the expectations placed upon them for the following Evaluation Period. This documents the communication of performance expectations between the SERVICE lJ CHOEI \ TZ I OPPORTUNITY CITY OF SCIIERTZ EMPLOYEE HANDBOOK employee and the employee's supervisor. It also serves as a management tool for ensuring that overall organizational goals and objectives are addressed. 4. New employees and employees who have been promoted, transferred, or demoted shall be evaluated as outlined in the Probation Policy. 5. During the Evaluation Period, the City encourages each supervisor and employee to have periodic discussions to review and document the employee's progress toward achieving the performance standards outlined in the employee's performance plan. 6. During the Evaluation Period, performance evaluations for employees may be performed on a quarterly basis or as needed for feedback purposes per the Department Head. 7. During the Evaluation Period, supervisors shall conduct with each employee at least mid -year performance evaluations and annual performance evaluations, documenting actual achievements, assessing employees' knowledge and skills, and providing input into each employee's performance plan. The performance evaluation provides documentation of an employee's achievements toward meeting performance standards and expectations related to KPI's and outlined in the employee's performance plan. It is the responsibility of the evaluating supervisor to provide clear and specific feedback to his or her subordinate employees. All scores in the evaluation process shall have specific, written explanations. In the performance evaluation with employees, the supervisor should be able to expound and give specific examples and feedback as to why he /she is giving a particular score to any KPI in the evaluation. Types of Performance Evaluations There are several types of performance evaluations: Employee Self-Assessment Prior to the annual performance evaluation, each employee is given an opportunity to assess his or her own performance and achievement during the Evaluation Period, and to identify developmental needs. The employee's comments provide information that may be relevant to the reviewing supervisor. The employee's input also provides the basis for discussion between the supervisor and employee regarding future expectations, training, and career development opportunities. SERVICE lJ CHOEI \ TZ I OPPORTUNITY CITY OF SCIIERTZ EMPLOYEE HANDBOOK Mid year Performance Evaluations The mid -year performance evaluations will be conducted half -way through the performance Evaluation Period. The mid -year performance evaluation shall not serve as a basis for merit increases but will provide an opportunity for the employee and supervisor to discuss the employee's progress toward meeting performance standards and competency development outlined in such employee's performance plan. The mid -year evaluation stands independent from the annual performance evaluation. Scores from the mid -year performance evaluations shall not be incorporated with the annual performance evaluations. Annual Performance Evaluations An annual performance evaluation is held to review and discuss the supervisor's evaluation and the employee's self - assessment. The evaluation provides an opportunity for the supervisor and employee to review the employee's performance plan and to make adjustments for the future as appropriate. The performance evaluation relates to the performance of the employee for that Evaluation Period. Department Heads are responsible for ensuring consistency of ratings within their department. Evaluating supervisors should route the evaluations to the next level supervisor for review and approval prior to submitting the evaluations to the Department Head for approval. Once the Department Head has approved the evaluation, the evaluating supervisor will then review the performance evaluation with the respective employee. Probationary Evaluations for New Employees and Employees Promoted, Transferred, and Demoted New employees and employees who have been promoted, transferred, or demoted shall be evaluated as outlined in the Probation Policy. Eligibility for Merit Increase Annual performance evaluations will serve as the basis for merit increases. The mid -year performance evaluations will not be calculated into the annual performance evaluation. There should never be any expectation for an annual merit increase. Any wage or salary increase will be dependent on the City's budget. An employee will not be eligible for a merit increase if that employee received an increase in pay due to an annual merit raise or promotion within six months of the time annual performance evaluations are initially due. Employees who receive an increase in pay due to a cost of living adjustment (COLA), a market adjustment, or a pay adjustment approved by the City Manager shall maintain their eligibility for the subsequent annual performance merit. COMMUNMY SERVICE lJ CHOEI \ TZ I OPPORTUNITY CITY OF SCIIERTZ EMPLOYEE HANDBOOK Employees who have left their employment and have not received their annual performance evaluation before annual merit increases are issued should not have any expectation of receiving a merit increase. Review of Evaluations As a check and balance, the supervisors within the respective employee's chain of command should collaboratively review each employee's annual performance evaluation conducted by the direct supervisor. Once the Department Head has reviewed and approved each employee's evaluation, the supervisor of the employee under review shall then discuss the employee's evaluation with the respective employee. With regard to an employee who reports directly to the City Manager, the Human Resources Director will collaborate with the City Manager on such employee's review before the City Manager discusses the evaluation with the employee. All annual performance evaluations shall be reviewed by at least two (2) reviewers. Departments that have only one reporting step shall be required to have their respective Executive Director review the employee evaluations for that department. For employees who report directly to the City Manager, the Human Resources Director shall also review each employee's evaluations. Department Heads have final approval for all evaluations in their respective departments and have the authority to request reviewing supervisors to make changes to employee evaluations for any reason. Employee Appeal of Evaluation If the employee cannot understand the rationale behind the scoring or does not agree with his or her evaluation, the employee may challenge the results of such evaluation. The purpose of an evaluation appeal is to record the employee's disagreement with the supervisor's evaluation of his/her performance. If an employee does not agree with the supervisor's assessment of the employee's performance, the employee must state that he /she does not agree with his /her evaluation. The employee shall then have the opportunity to issue a written statement in a space provided on the evaluation, expressing in detail why he /she disagrees with the evaluation. In this case, the evaluation will be returned to the Department Head, who will begin a mediation process between the employee and the employee's line of supervision, including the employee's direct supervisor. At the conclusion of the mediation, the Department Head will decide whether or not edits are to be made to the evaluation. The evaluation will then be resubmitted to the employee for review, with or without changes. In cases where an employee is vindicated, he /she will receive a revised annual performance evaluation and, if applicable, back pay for any lost wages relating to a merit increase due to the revised annual performance evaluation. In cases where the employee does not agree with the evaluation after the Department Head review, the evaluation will be reviewed by the HR COMMUNMY SERVICE lJ CHOEI \ TZ I OPPORTUNITY CITY OF SCIIERTZ EMPLOYEE HANDBOOK Department, the respective Department Head and the respective Executive Director. The outcome of this review is final and will be sent to the employee. Employees can submit comments and/or exceptions to their final evaluation review. With regard to employees who report directly to the City Manager, such employees may appeal to the Human Resources Director. The employee shall provide a written statement in a space provided on the evaluation, expressing in detail why he /she disagrees with the evaluation, to the Human Resources Director, who will begin a mediation process between the employee and the City Manager. At the conclusion of the mediation, the Human Resources Director and the City Manager will decide whether or not edits are to be made to the evaluation. The evaluation will then be resubmitted to the employee for review, with or without changes. The outcome of this review is final. Employees can submit comments and /or exceptions to their final evaluation review. In cases where an employee is vindicated, he /she will receive a revised annual performance evaluation and, if applicable, back pay for any lost wages relating to a merit increase due to the revised annual performance evaluation. With regard to employees who report directly to the Human Resources Director, such employees may appeal to the Chief of Staff. The employee shall provide a written statement in a space provided on the evaluation, expressing in detail why he /she disagrees with the evaluation, to the Chief of Staff, who will begin a mediation process between the employee and the Human Resources Director. At the conclusion of the mediation, the Human Resources Director and the Chief of Staff will decide whether or not edits are to be made to the evaluation. The evaluation will then be resubmitted to the employee for review, with or without changes. The outcome of this review is final. Employees can submit comments and/or exceptions to their final evaluation review. In cases where an employee is vindicated, he /she will receive a revised annual performance evaluation and, if applicable, back pay for any lost wages relating to a merit increase due to the revised annual performance evaluation. Tracking and Record Keeping Original employee performance evaluations are maintained in the personnel files in Human Resources. Human Resources will conduct an administrative audit to ensure the document is complete. Distribution of copies After all required signatures on an employee evaluation are obtained, the employee evaluation is distributed as follows: • original to Human Resources; • copy to employee SERVICE lJ CHOEI \ TZ I OPPORTUNITY CITY OF SCIIERTZ EMPLOYEE HANDBOOK Unless otherwise provided by State law, access to an employee's performance evaluations is limited to: • the employee; • Human Resources staff, • Legal staff, • a designated representative of the employee; • supervisors in the employee's line of supervision or; • an organizational hiring authority who is considering the employee's record in relation to an actual job posting Retention Employee personnel files are maintained in accordance with State laws and regulations. Related Policies Probation Transfers, Promotions, and Demotions Progressive Discipline and Disciplinary Appeals SERVICE lJ CHOEI \ TZ I OPPORTUNITY CITY OF SCIIERTZ EMPLOYEE HANDBOOK Probation PREPARED BY: Human Resources APPROVED BY: City Council DATE APPROVED: TBD EFFECTIVE DATE: TBD REPLACES VERSION: 3.3 Purpose The purpose of the Probation Policy is to outline the City's probationary period for (i) new employees; (ii) employees promoted, transferred, or demoted; and (iii) employees with performance issues. All employees must be assessed during this probationary period and given feedback on progress or lack thereof. Any problems with employee performance or conduct should be recorded and communicated to the employee on a regular basis. Applicability All regular full -time and regular part-time employees Definitions Promotion — Advancement in pay and position with increased responsibility Demotion — To reduce an employee's position, responsibilities, or wages Voluntary Demotion — A reduction in position, responsibilities, or wages that an employee willingly and voluntarily accepts Transfer — To move to an equivalent position with comparable responsibility and pay Policy The objective of the Probation Policy is to communicate how (i) new employees; (ii) employees promoted, transferred, or demoted; and (iii) employees with performance issues can demonstrate the requisite level of ability, conduct, interest, and skill to fulfill position requirements on a regular basis. At -Will Employment The State of Texas is an "at- will" employment state. At -will means that an employer can terminate an employee at any time, for any reason, with or without notice or cause as long as the reason is not illegal. Therefore, this policy does not provide or guarantee an employee any rights that would affect his/her "at- will" employment status. COMMUNMY SERVICE lJ CHOEI \ TZ I OPPORTUNITY CITY OF SCIIERTZ EMPLOYEE HANDBOOK Types of Probationary Evaluations: Probationary Evaluations for New Hires Supervisors shall meet with their new employees and develop a performance plan with corresponding goals and performance expectations within the first thirty (30) days of initial employment. All newly hired or re -hired City employees shall be subject to a six (6) - month probationary period. However, the probationary period may be extended up to three (3) months at the discretion of the Department Head upon consultation with the Human Resources Director. With regard to employees who report directly to the City Manager, the probationary period may be extended up to three (3) months at the discretion of the City Manager upon consultation with the Human Resources Director. New employees are required to serve their probationary period before being designated as regular employees. While a new employee is serving his /her probationary period, the direct supervisor and /or designated mentor will observe the employee's work and will train and mentor the new employee in his /her position. An employee performance evaluation shall be conducted at the conclusion of an employee's six (6) - month probationary period. If a new employee successfully completes his/her probationary period, he /she shall be classified as a regular employee. Employees who have their probationary period extended are required to be placed on a Performance Improvement Plan (See Progressive Discipline and Disciplinary Appeals Policy). At the end of the extended probationary period, the Department Head or the City Manager, for employees who report directly to the City Manager, shall evaluate the employee and recommend whether the employee shall continue employment or be terminated. Once an employee's probationary period has successfully concluded, a formal performance evaluation for merit consideration will be conducted at the following annual performance evaluation. Performance merit increases are dependent on the budget approved by City Council. The City may terminate an employee during the probationary period as described in the Section entitled "Termination During the Probationary Period" in this Probation Policy. Probationary Evaluations for Promotions Supervisors shall meet with employees who have been promoted to a new position to develop a performance plan with corresponding goals and performance expectations within the first thirty (30) days of the effective promotion. COMMUNMY SERVICE lJ CHOEI \ TZ I OPPORTURMY CITY OF SCIIERTZ EMPLOYEE HANDBOOK Employees who are promoted to another position or another department within the City are required to serve a six (6) month probationary period in their new position and /or department. However, the probationary period may be extended up to three (3) months at the discretion of the Department Head upon consultation with the Human Resources Director. With regard to employees who report directly to the City Manager, the probationary period may be extended up to three (3) months at the discretion of the City Manager upon consultation with the Human Resources Director. Promoted employees are required to serve their probationary period before the promotion is permanent. While a promoted employee is serving his/her probationary period, the direct supervisor and/or designated mentor will observe the employee's work and will train and mentor the promoted employee in his/her position. An employee performance evaluation shall be conducted at the conclusion of an employee's six (6) - month probationary period. If a promoted employee successfully completes his /her probationary period, he /she shall continue in such position on a permanent basis. Employees who have their probationary period extended are required to be placed on a Performance Improvement Plan (See Progressive Discipline and Disciplinary Appeals Policy). At the end of the extended probationary period, the Department Head or the City Manager, for employees who report directly to the City Manager, shall evaluate the employee and recommend whether the employee shall continue employment or be terminated. Once an employee's probationary period has successfully concluded, a formal performance evaluation for merit consideration will be conducted at the following annual performance evaluation. Performance merit increases are dependent on the budget approved by the City. The City may terminate an employee during the probationary period as described in the Section entitled "Termination During the Probationary Period" in this Probation Policy. Additional Considerations for Promoted Employees No employee shall be promoted to another department while still serving probation unless approved by the transferring department and the City Manager. Before the probationary period concludes, an employee may transfer or demote to another position and/or another department if the employee is not satisfied in any way with his /her new position or cannot meet the demands of his /her new position. The employee may request in writing a voluntary demotion or transfer to his/her former position or another position for which he /she may be qualified before the probationary period concludes, provided the employee's former position or position in question has not been filled, the employee meets the qualifications for the position, and the affected COMMUNMY SERVICE lJ CHOEI \ TZ I OPPORTUNITY CITY OF SCIIERTZ EMPLOYEE HANDBOOK Department Heads and the Human Resources Department approve the transfer or voluntary demotion (see rules for voluntary demotion under the Progressive Discipline and Disciplinary Appeals Policy). Regular part-time employees who work on average twenty (20) hours per week and are promoted to an equivalent full -time position will not be required to serve an additional probationary period. If the employee has not completed his /her probationary period when moved to the equivalent full -time position, the employee will complete the remainder of his /her probationary period in his /her new full -time position. Probationary Evaluation for Transfers Supervisors shall meet with employees who have been transferred to a new position to develop a performance plan with corresponding goals and performance expectations within the first thirty (30) days of the effective transfer. Employees who are transferred to another position or another department within the City are required to serve a six (6) month probationary period in their new position and/or department. However, the probationary period may be extended up to three (3) months at the discretion of the Department Head upon consultation with the Human Resources Director. With regard to employees who report directly to the City Manager, the probationary period may be extended up to three (3) months at the discretion of the City Manager upon consultation with the Human Resources Director. Transferred employees are required to serve their probationary period before the transfer is permanent. While a transferred employee is serving his/her probationary period, the direct supervisor and /or designated mentor will observe the employee's work and will train and mentor the transferred employee in his/her position. An employee performance evaluation shall be conducted at the conclusion of an employee's six (6) - month probationary period. If a transferred employee successfully completes his /her probationary period, he /she shall continue in such position on a permanent basis. Employees who have their probationary period extended are required to be placed on a Performance Improvement Plan (See Progressive Discipline and Disciplinary Appeals Policy). Inter - departmental transfers to an equivalent position/rank shall not be subject to a probationary period. At the end of the extended probationary period, the Department Head or the City Manager, for employees who report directly to the City Manager, shall evaluate the employee and recommend whether the employee shall continue employment or be terminated. Once an employee's probationary period has successfully concluded, a formal performance evaluation for merit consideration will be conducted at the following annual COMMUNMY SERVICE lJ CHOEI \ TZ I OPPORTUNITY CITY OF SCIIERTZ EMPLOYEE HANDBOOK performance evaluation. Performance merit increases are dependent on the budget approved by the City. The City may terminate an employee during the probationary period as described in the Section entitled "Termination During the Probationary Period" in this Probation Policy. Additional Considerations for Transferred Employees Employees who are required to transfer to similar positions with an equal pay grade at no fault of their own will not be required to serve probation in their new positions. Employees who voluntarily transfer to another position, regardless of position type or pay, shall be required to serve a six (6) month probationary period. No employee shall be transferred to another department while still serving probation unless approved by the transferring department and the City Manager. Before the probationary period concludes, an employee may transfer or demote to another position and/or another department if the employee is not satisfied in any way with his /her new position or cannot meet the demands of his /her new position. The employee may request in writing a voluntary demotion or transfer to his /her former position or another position for which he /she may be qualified before the probationary period concludes, provided the employee's former position or position in question has not been filled, the employee meets the qualifications for the position, and the affected Department Heads and the Human Resources Department approve the transfer or voluntary demotion (see rules for voluntary demotion under the Progressive Discipline and Disciplinary Appeals Policy). Regular part-time employees who work on average twenty (20) hours per week and are transferred to an equivalent full -time position will not be required to serve an additional probationary period. If the employee has not completed his /her probationary period when moved to the equivalent full -time position, the employee will complete the remainder of his /her probationary period in his/her new full -time position. Probationary Evaluations for Demotions Supervisors shall meet with employees who have been demoted or who have voluntarily demoted to another position to develop a performance plan with corresponding goals and performance expectations within the first thirty (30) days of the effective demotion. Employees who are demoted or who have voluntarily demoted to another position or another department within the City are required to serve a six (6) month probationary period in their new position and/or department. However, the probationary period may be extended up to three (3) months at the discretion of the Department Head upon consultation with the Human Resources Director. With regard to employees who report directly to the City Manager, the probationary period may be extended up to three (3) COMMUNMY SERVICE lJ CHOEI \ TZ I OPPORTURMY CITY OF SCIIERTZ EMPLOYEE HANDBOOK months at the discretion of the City Manager upon consultation with the Human Resources Director. Demoted employees and employees who voluntarily demote are required to serve their probationary period before such position is permanent. While a demoted employee or a voluntarily demoted employee is serving his /her probationary period, the direct supervisor and/or designated mentor will observe the employee's work and will train and mentor the demoted employee or voluntarily demoted employee in his /her position. An employee performance evaluation shall be conducted at the conclusion of an employee's six (6) - month probationary period. If a demoted employee or a voluntarily demoted employee successfully completes his /her probationary period, he /she shall continue in such position on a permanent basis. Employees who have their probationary period extended are required to be placed on a Performance Improvement Plan (See Progressive Discipline and Disciplinary Appeals Policy). At the end of the extended probationary period, the Department Head or the City Manager, for employees who report directly to the City Manager, shall evaluate the employee and recommend whether the employee shall continue employment or be terminated. Once an employee's probationary period has successfully concluded, a formal performance evaluation for merit consideration will be conducted at the following annual performance evaluation. Performance merit increases are dependent on the budget approved by the City. The City may terminate an employee during the probationary period as described in the Section entitled "Termination During the Probationary Period" in this Probation Policy. Probationary Evaluations for Performance Reasons Chronic performance or behavioral issues may result in an employee being placed on probation. Employees who are placed on probation for performance of behavioral issues shall be evaluated in accordance with the City's Progressive Discipline and Disciplinary Appeals Policy. Termination During the Probationary Period Subject to the "at- will" employment laws of the State of Texas, an employee in a probationary status may be dismissed at the discretion of the Department Head or designee, who has the authority to terminate an individual, if it is determined that the employee is not suited for the job and provided there is prior review by the Human Resources Director or designee, and the termination does not violate the federal, state, or local law (see proper procedures for termination under the Progressive Discipline and Disciplinary Appeals Policy). It is the responsibility of supervisors to document failure of an employee to successfully complete his /her probation. When there is no serious COMMUNMY SERVICE lJ CHOEI \ TZ I OPPORTUNITY CITY OF SCIIERTZ EMPLOYEE HANDBOOK misconduct (as defined in the Progressive Discipline and Disciplinary Appeals Policy), employees may be permitted to resign. Subject to the "at- will" employment laws of the State of Texas, an employee in a probationary status who reports directly to the City Manager may be dismissed at the discretion of the City Manager, if it is determined that the employee is not suited for the job and provided there is prior review by the Human Resources Director, and the termination does not violate the federal, state, or local law (see proper procedures for termination under the Progressive Discipline and Disciplinary Appeals Policy). In cases in which an employee reports directly to the City Manager, it is the City Manager's responsibility to document failure of an employee to successfully complete his /her probation. When there is no serious misconduct (as defined in the Progressive Discipline and Disciplinary Appeals Policy), employees may be permitted to resign. Leave for Probationary Employees Employees serving their initial probationary period accrue vacation leave and sick leave on the first day of employment, the same as non - probationary regular employees. Vacation leave during probation will not be authorized except at the discretion of the Department Head for significant personal events in the employee's life or as pre - approved by the Department Head at the time of hiring. Vacation time is allowed after probation has been successfully completed. During the initial probationary period, a new employee is eligible to use accrued sick leave for qualifying absences. Complaint Procedures During the Initial Probationary Period Throughout the probationary period of initial employment, probationary employees may not utilize or access the City's complaint procedure and are subject to discharge without recourse except on grounds of illegal discrimination and/or illegal activity (refer to special provisions under Disciplinary and Disciplinary Appeals Policy). Related Policies Progressive Discipline and Disciplinary Appeals Vacation Leave Sick Leave Performance Management Transfers Promotions CITY COUNCIL MEMORANDUM City Council Meeting: June 3, 2014 Department: Engineering /Public Works Agenda No. 5 Subject: Resolution No. 14- R -45 —A Resolution by the City Council of the City of Schertz, Texas authorizing the implementation of the Stormwater Management Plan and approving the Notice of Intent for Stormwater Discharges from Small Municipal Separate Storm Sewer Systems (MS4) under the Texas Pollutant Discharge Elimination System Phase II MS4 General Permit (TXR040000) for the City and other matters in connection therewith BACKGROUND The Federal Water Pollution Control Act was passed in 1972. After the law was amended in 1977, it became commonly known as the Clean Water Act. The Clean Water Act (The Act) established the structure for federal regulation of pollutant discharges into the waters of the United States, authorized the Environmental Protection Agency (EPA) to implement pollution control program, extended the requirements to establish standards or surface water contaminants, and made it unlawful to discharge unpermitted point source pollutants into navigable water. The Act also established funding for construction of sewage treatment plants and promoted planning to address non -point source pollution. In order to reduce stormwater pollution, amendments were made to the Clean Water Act in 1987, requiring stormwater discharges to be permitted in two phases. Phase 1 applied, among other things, to large cities with separate stormwater sewer systems. The regulations required these cities to obtain National Pollutant Discharge Elimination System ( NPDES) permits. The permit process imposed controls on the cities to reduce pollution in stormwater discharges. Phase 2 applies to smaller cities. In 1999, the EPA issued final regulations for Phase 2 and required certain smaller cities to obtain NPDES permits. The Texas Commission on Environmental Quality (TCEQ) issued the Texas Pollutants Discharge Elimination System General Permit Number TXR040000 (General Permit) for Phase 2 Stormwater on August 13, 2007, in order to create a mechanism for non -Phase 1 Texas cities with populations of over 1,000 to come into compliance with the federal regulations. On December 13, 2013, TCEQ issued a revision to the General Permit that replaces the 2007 version. With the new General Permit all Municipal Separate Storm Sewer Systems (MS4s) are defined by levels based on the population served in an urban area according to the 2010 decennial census. Schertz' population in the 2010 decennial census was 31,465, defining the community as a Level 2 Small MS4. City Council Memorandum Page 2 The process for a Level 2 Small MS4 applying for coverage under and maintaining conformance to the General Permit begins with submitting two documents to TCEQ. The first document is a form provided by TCEQ called a Notice of Intent. The second document is the Stormwater Management Plan (SWMP). In addition to submitting the Notice of Intent and the SWMP, the City must maintain records on the SWMP, submit an annual report to TCEQ on each of the permit years, and submit other records to TCEQ when requested. The records must include documentation pertaining to, among other things, the effectiveness of Best Management Practices that will be implemented to reduce pollutants and shall be included in the annual reports as required in Part IV.13.2 of the General Permit. The records must also be kept available to the public. Any changes to the SWMP must be included in the annual report as described in Part IV.13.2. of the General Permit and must meet the requirements of Part II.D.1. of the General Permit. The City must report non - compliance with the General Permit to TCEQ and maintain accurate records at TCEQ offices. Goal To submit a Notice of Intent and a SWMP to TCEQ. Community Benefit The SWMP proposes the means to develop, implement, and enforce a plan to reduce the discharge of pollutants to the maximum extent practicable. The SWMP proposes to reduce stormwater pollution by increasing the City's control of pollution sources. The SWMP provides maps and photos, which identify many of the points where stormwater is discharged from the City to other municipalities. The SWMP must be fully implemented within 5 years of TCEQ's issuance of the General Permit. The program includes public education, outreach, and involvement to insure that the Program is successful. Summary of Recommended Action Staff recommends approval of the Resolution authorizing the City Manager to execute and deliver the Notice of Intent and the SWMP for the City as required by TCEQ. FISCAL IMPACT $100 Application Fee to be paid for from the Drainage Fund. Expenses to implement this program will be funded through the yearly Drainage Fund budgets as approved by Council for the effective dates of the permit. Funding has already been approved through the FY 2013 -14 Budget in anticipation of the Best Management Practice to be implemented in this fiscal year. RECOMMENDATION Staff recommends Council approve Resolution 14 -R -45. ATTACHMENTS Resolution 14 -R -45 Notice of Intent Stormwater Management Plan RESOLUTION NO. 14 -R -45 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING THE IMPLEMENTATION OF THE STORMWATER MANAGEMENT PLAN AND APPROVING THE NOTICE OF INTENT FOR STORMWATER DISCHARGES FROM SMALL MUNICIPAL SEPARATE STORM SEWER SYSTEMS (MS4) UNDER THE TEXAS POLLUTANT DISCHARGE ELIMINATION SYSTEM PHASE II MS4 GENERAL PERMIT (TXR040000) FOR THE CITY AND OTHER MATTERS IN CONNECTION THEREWITH WHEREAS, the Federal Water Pollution Control Act, was passed in 1972; and WHEREAS, after the law was amended in 1977, it became commonly known as the Clean Water Act; and WHEREAS, the Clean Water Act (The Act) established the structure for federal regulation of pollutant discharges into the waters of the United States, authorized the Environmental Protection Agency (EPA) to implement pollution control program, extended the requirements to establish standards or surface water contaminants, and made it unlawful to discharge unpermitted point source pollutants into navigable water; and WHEREAS, in order to reduce stormwater pollution, amendments were made to the Clean Water Act in 1987, requiring stormwater discharges to be permitted in two phases; and WHEREAS, Phase 1 regulations applied, among other things, to large cities with separate stormwater sewer systems and required these cities to obtain National Pollutant Discharge Elimination System ( NPDES) permits for their stormwater discharges; and WHEREAS, in 1999, the EPA issued final regulations for Phase 2 and required certain smaller cities to obtain NPDES permits for their stormwater discharges; and WHEREAS, the Texas Commission on Environmental Quality (TCEQ) issued the Texas Pollutant Discharge Elimination System General Permit Number TXR040000 (General Permit) for Phase 2 stormwater on August 13, 2007 in order to create a mechanism for non -Phase 1 Texas cities with populations of over 1,000 to come into compliance with the federal regulations; and WHEREAS, on December 13, 2013, TCEQ issued a revision to the General Permit that replaces the 2007 version; and WHEREAS, with the new General Permit all Municipal Separate Storm Sewer Systems (MS4s) are defined by levels based on the population served in an urban area according to the 2010 decennial census; and WHEREAS, Schertz' population in the 2010 decennial census was 31,465, defining the community as a Level 2 Small MS4; and WHEREAS, the process for a Level 2 Small MS4 applying for and maintaining conformance with the General Permit requires the City to submit a Notice of Intent and a Stormwater Management Plan; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS THAT: Section 1. The City Council hereby authorizes the City Manager to execute and deliver the Notice of Intent, attached hereto as Exhibit A, and the Stormwater Management Plan, attached hereto as Exhibit B, to the Texas Commission on Environmental Quality. 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 3rd day of June, 2014. CITY OF SCHERTZ, TEXAS Michael R. Carpenter, Mayor -2- ATTEST: Brenda Dennis, City Secretary (CITY SEAL) -3- 4 EXHIBIT B -5- TCEQ Office Use Only Permit No.: RN: CN: Region: RESET FORM TCEQ Notice of Intent (NOI) for Stormwater Discharges from Small Municipal Separate Storm Sewer Systems (MS4) under the TPDES Phase II MS4 General Permit (TXR040000) IMPORTANT: • Use the INSTRUCTIONS to fill out each question in this form. • Use the CHECKLIST to make certain you filled out all required information. Incomplete applications WILL delay approval or result in automatic denial. • Once processed your authorization can be viewed at: http: / /www2.tceq.texas.gov /wq dpa /index.cfm APPLICATION FEE: • You must pay the $100 Application Fee to TCEQ for the paper application to be complete. • Payment and NOI must be mailed to separate addresses. • Did you know you can pay on line? • Go to https:ZZwww3.tceq.texas.gov/epay/index.cfin n • Select Fee Type: GENERAL PERMIT MS4 PHASE II STORM WATER DISCHARGE NOI APPLICATION • Provide your payment information below, for verification of payment: Mailed ® Check /Money Order No.: Name Printed on Check: EPAY ❑ Voucher No.: Is the Payment Voucher copy attached? ❑ Yes One (i) copy of the NOI and Stormwater Management Program (SWMP) with the completed SWMP Cover Sheet MUST be submitted with the original NOI and SWMP. Is the copy attached? ® Yes RENEWAL: Is this NOI a Renewal of an existing Phase II MS4 General Permit Authorization? (Note: An authorization cannot be renewed after June u, 2014.) ❑ Yes The existing authorization number is: TXR04 0241 (If an authorization number is not provided, a new number will be assigned.) ❑ No TCEQ 20368 (Effective 12/13/2013, Form rev. 04/02/2014) Page 1 a. If the applicant is currently a customer with TCEQ, what is the Customer Number (CN) issued to this entity? You may search for your CN at: http:// wwwl2 .tceg.texas.govlcrpubZindex.cf n ?fuseaction= cust.CustSearch CN 600676944 b. What is the Legal Name of the entity (applicant) applying for this permit? City of Schertz (The exact legal name must be provided.) C. What is the name and title of the person signing the application? The person must be an executive official meeting signatory requirements in 3o TAC 305.44(x)• Prefix (Mr. Ms. Miss): Mr. First /Last Name: John C. Kessel Suffix: Title: City Manager Credential: d. What is the contact information for the Operator Contact (Responsible Authority)? The mailing address must be recognized by the US Postal Service. You may verify the address at: https: //tools. usps. com/go ZZipLookupAction! input. action Phone Number: (210) 619 -1000 Ext: Fax Number: (210) 619 -1039 E -mail: _ikessel @schertz.com Mailing Address: 140o Schertz Pkwy, Bldg 2 Internal Routing (Mail Code, Etc.): City: Schertz State: TX ZIP Code: 78154 If outside USA: Territory: Country Code: Postal Code: e. Indicate the type of Customer The instructions will help determine your customer type): 0 Federal Government LJ State Government ® County Government P1 City Government ® Other Government f. Number of Employees: 0 -20; 0 21 -100; 0 101 -250; Z 251 -500; or ❑ 501 or higher The Operator is responsible for paying the annual fee. The annual fee will be assessed to authorizations active on September 1 of each year. TCEQ will send a bill to the address provided in this section. The Operator is responsible for terminating the permit when it is no longer needed. Is the billing address the same as the Operator Address? ® Yes, go to Section 3). V No, complete section below Phone Number: (210) 619 -180o Ext: Fax Number: (210) 619 -1849 E -mail: swilloughby @schertz.com Mailing Address: to Commercial Pl, Bldg 2 Internal Routing (Mail Code, Etc.): City: Schertz State: TX ZIP Code: 78154 Mailing Information if outside USA: Territory: Country Code: Postal Code: TCEQ 20368 (Effective 12/13/2013, Form rev. 04/02/2014) Page 2 If the site of your business is part of a larger business site or if other businesses were located at this site before yours, a Regulated Entity Number (RN) may already be assigned for the larger site. Use the RN assigned for the larger site. Search TCEQ's Central Registry to see if the larger site may already be registered as a regulated site at: http: / /wwwl2.tceg.texas.govlcrpub/ index. cfm ?fuseaction= regent.RNSearch. If the site is found, provide the assigned Regulated Entity Reference Number and provide the information for the site to be authorized through this application below. The site information for this authorization may vary from the larger site information. a. TCEQ issued RE Reference Number (RN): RN 105566103 b. Name that is used to identify the small MS4 (Example: City of XXX MS4) City of Schertz MS4 c. Provide a brief description of the regulated MS4 boundaries: (Example: Area within the City of XXXX limits that is located within the xxx (e.g. Dallas) urbanized area): Area within the City Limits of the City of Schertz, TX, except for other MS4 jurisdictions such as TxDOT rights -of -way. d. City where the largest residential population exists within the regulated MS4 boundaries: Schertz e. ZIP code where the largest residential population exists within the regulated MS4 boundaries: 7$154 f. County where the largest residential population exists within the regulated MS4 boundaries: Guadalupe Is the MS4 located within additional counties? V1 Yes — If Yes, what county (or counties)? Bexar, Comal 0 No g. Latitude: 29d 33m 54s N Longitude: 98d 16m 1os W a. Is the project /site located on Indian Country Lands? ® Yes — If Yes, you must obtain authorization through EPA, Region 6. ® No b. What is applicant's Standard Industrial Classification (SIC) code? SIC Code: 9111 c. What is the category or level of the MS4 based on the population served? 0 Level is Operators of traditional small MS4s that serve a population of less than 1o,000 within an urbanized area (UA). TCEQ 20368 (Effective 12/13/2013, Form rev. 04/02/2014) Page 3 V1 Level 2: Operators of traditional small MS4s that serve a population of at least 10,000 but less than 40,000 within an UA. This category also includes all non - traditional small MS4s such as counties, drainage districts, transpiration entities, military bases, universities, colleges, correctional institutions, municipal utility districts and other special districts regardless of population served within the UA, unless the non - traditional MS4 can demonstrate that it meets the criteria for a waiver from permit coverage based on the population served. ❑ Level 3: Operators of traditional small MS4s that serve a population of at least 40,000 but less than 100,00o within an UA. ❑ Level 4: Operators of traditional small MS4s that serve a population of 100,000 or more within an UA. d. Has TCEQ "designated" the small MS4 as needing coverage under this general permit? Yes ® No - If No and no portion of the small MS4 is located within an UA as determined by the 2000 or 2010 Decennial Census by the U.S Bureau of Census requiring a NOI be submitted, the operator is not eligible for coverage under this general permit through the NOI. e. What is your annual reporting year? ❑ Calendar year ❑✓ MS4 general permit year Fiscal year — If Fiscal year, what is the last day of the fiscal year? f. Stormwater Management Program (SWMP) 1. I certify that the SWMP submitted with this Notice of Intent has been developed according to the provisions of this general permit TXR040000. 0 Yes ® No — If No, the application is considered incomplete and may be returned. 2. I certify that the SWMP Cover Sheet is completed and attached to the front of the SWMP. p Yes ® No — If No, the application is considered incomplete and maybe returned. 3. Who is the person responsible for implementing or coordinating implementation of the SWMP? (Note: All contact information requested below is required.) First /Last Name: Samuel Willoughby Title: Public Works Director Company: City of Schertz Phone Number: (210) 619 -1800 Ext: Fax Number: (210) 619 -1849 E -mail: silloughby@schertz.com Mailing Address: 10 Commercial Pl, Bldg 2 Internal Routing (Mail Code, Etc.): City: Schertz State: TX ZIP Code: 78154 TCEQ 20368 (Effective 12/13/2013, Form rev. 04/02/2014) Page 4 g. 7th Minimum Control Measure (MCM) for Municipal Construction Activities 1. Is the MCM for authorization to discharge stormwater from municipal construction activities included with the attached SWMP? ® Yes — If Yes, what are the boundaries within which those activities will occur? (Note: If the boundaries are located outside of the urbanized area, then the entire SWMP must also incorporate the additional areas.) No 2. Is the discharge or potential discharge from regulated construction activities within the Recharge Zone, Contributing Zone, or Contributing Zone within the Transition Zone of the Edwards Aquifer? Yes — If Yes, please note that a copy of the agency approved Water Pollution Abatement Plan (WPAP) required by the Edward Aquifer Rule (3o TAC Chapter 213) must be either included or referenced in the construction stormwater pollution prevention plan(s). No h. Discharge Information 1. What is the name of the water body (ies) receiving stormwater from the MS4? Cibolo Creek, E. Dietz Creek, W. Dietz Creek, Dry Comal Creek, Town Creek, Santa Clar, 2. What is the classified segment number(s) that receives discharges, directly or indirectly, from the small MS4? 1811A, 1902 3. Are any of the surface water body (ies) receiving discharges from the small MS4 on the latest EPA - approved Clean Water Act (CWA) §3o3(d) list of impaired waters? ® Yes —If Yes: What is the name of the impaired water body (ies) receiving the discharge from the small MS4? Dry Comal Creek, Lower Cibolo Creek What are the pollutants of concern? bacteria 4. Is the discharge into any other MS4 prior to discharge into surface water in the state? Yes — If Yes, what is the name of the MS4 Operator? © No L Edwards Aquifer Is the discharge or potential discharge from the MS4 within the Recharge Zone, Contributing Zone, or Contributing Zone within the Transition Zone of the Edwards Aquifer? ® Yes - If Yes, complete certification below by checking "Yes ". ® No I certify that a copy of the TCEQ approved WPAP required by the Edwards Aquifer Rule (3o TAC Chapter 213) is either included or referenced in the SWMP. V] Yes TCEQ 20368 (Effective 12/13/2013, Form rev. 04/02/2014) Page 5 j. Public Participation Process The Office of Chief Clerk will send the operator or person responsible for publishing, the notice of the executive director's preliminary determination of the NOI and SWMP, in a newspaper of general circulation in the county where the small MS4 is located. If multiple counties, notice must be published at least once in the newspaper of general circulation in the county containing the largest resident population. The applicant must file with the Chief Clerk a copy of an affidavit of the publication within 6o days of receiving the written instructions from the Office of Chief Clerk. 1. I will comply with the Public Participation requirements described in Part II.E.12 of the general permit. ® Yes ® No — If No, coverage under this general permit is not obtainable. 2. Who is the person responsible for publishing notice of the executive director's preliminary determination on the NOI and SWMP? (Note: All contact information requested below is required.) First /Last Name: Brenda Dennis Title: City Secretary Company: City of Schertz Phone Number: (210) 619 -loon Ext: Fax Number: (210) 619 -10:19 E -mail: bdennis @schertz.com Mailing Address: 1400 Schertz Pkwy, Bldg 2 Internal Routing (Mail Code, Etc.): City: Schertz State: TX ZIP Code: 78154 3. What is the name and location of the public location where copies of the NOI and SWMP, as well as the executive director's general permit and fact sheet, may be reviewed? Name of Public Place: Hal Baldwin Municipal Complex Council Chambers Address of Public Place: 140o Schertz Pkwy, Bldg 4 Schertz, TX 78154 County of Public Place: Guadalupe TCEQ 20368 (Effective 12/13/2013, Form rev. 04/02/2014) Page 6 Check Yes to the certifications below. Failure to indicate Yes to AL L items may result in denial of coverage under the general permit. a. I certify that I have obtained a copy and understand the terms and conditions of the Phase II (Small) MS4 General Permit TXR040000. Yes b. I certify that the small MS4 qualifies for coverage under the general permit TXR040000. Yes c. I understand that a Notice of Termination (NOT) must be submitted when this authorization is no longer needed. Q Yes d. I understand that authorization active on September 1st of each year will be accessed an Annual Water Quality Fee. Yes Operator Certification: I, John C. Kessel City Manager Typed or printed name Title certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations. I further certify that I am authorized under 3o Texas Administrative Code §305.44 to sign and submit this document, and can provide documentation in proof of such authorization upon request. Signature: (Use blue ink) Date: TCEQ 20368 (Effective 12/13/2013, Form rev. 04/02/2014) Page 7 • Did you complete everything? Use this checklist to be sure! • Are you ready to mail your form to TCEQ? Go to the General Information Section of the Instructions for mailing addresses. This checklist is for use by the operator to ensure a complete application. Missing information may result in denial of coverage under the general permit. (See NOI process description in the Instructions) If paying by Check: El Check was mailed separately to the TCEQs Cashier's Office. (See Instructions for Cashier's address and Application address.) Check number and name on check is provided in this application. If using ePay: © The voucher number is Drovided in this application or a cony of the voucher is attached. AUTHORIZATION NUMBER: 0✓ Authorization number provided — if this application is for renewal of an existing authorization. OPERATOR INFORMATION - Confirm each item is complete: 0 Customer Number (CN) issued by TCEQ Central Registry Q Legal name as filed to do business in Texas (Call TX SOS 512/463 -5555) Q Name and title of responsible authority signing the application 0 Mailing address is complete & verifiable with USPS. www.usps.com F71 Phone numbers /e -mail address F-71 Type of operator (entity type) 0✓ Number of employees IJ Billing address is complete & verifiable with USPS. http://www.qVa.com REGULATED ENTITY (RE) INFORMATION ON PROJECT OR SITE - Confirm each item is complete: 0 MS4 /Regulated Entity Name F,71 Site description 0 Latitude and longitude http://www.tceg.texas.gov/gisZsqmaview.html ® County D Site /project physical address. Do not use a rural route or post office box. M✓ Business description GENERAL CHARACTERISTICS - Confirm each item is complete: ® Indian Country Lands —the facility is not on Indian Country Lands ® Standard Industrial Classification (SIC) Code www .osha.gov /oshstats /sicser.html ✓� Level of MS4 ✓0 Qualifying TCEQ "Designated" small MS4 ✓O Annual Reporting Year ✓0 7th Minimum Control Measurement (MCM) for Municipal Construction Activities ® Discharge information Edwards Aquifer rule ® Public participation information CERTIFICATION El Certification statements have been checked indicating "Yes" El Signature meets 3o Texas Administrative Code (TAC) 305.44 and is original. ® Stormwater Management Program (SWMP), and completed SWMP Cover Sheet are attached to the NOI. TCEQ -20368 Checklist (Effective 12/13/2013, Form rev. 04/02/2014) Page 1 Confirm Each Minimum Control Measure (MCM) Below is Included in the SWMP This cover sheet MUST be completed by indicating the page number where the requested item will be found in the SWMP. Provide the page number to the left of each item. This cover sheet MUST be attached to the front of the SWMP. Operator name on NOI: John C. Assessment of program elements: ❑ ✓ Program elements that were described in the previous permit have been assessed and modified as necessary. New elements have been developed and implemented as necessary. ❑ N /A, If newly regulated MS4. MCM 1: Public Education, Outreach, and Involvement Page # (s) — Provide the page number (s) to the left of each item. The SWMP includes the following required elements: Requirements for all MS4s: 1 5 5 -g 2. 5-9 3. 5 -9 4• 5_9 5. 11 SWMP includes a stormwater education and outreach program to educate public employees, business, and the general public about hazards associated with the illegal discharges and improper disposal of waste and about the impacts stormwater can have on water quality, and steps they can take to reduce pollutants in stormwater. Defines the goals and objectives of the program based on high - priority community -wide issues. Identifies the target audiences. Appropriate educational material is developed or used. Education material is distributed. SWMP Lists Best Management Practices (BMPs) used to fulfill this MCM. Examples of possible BMPs include, but are not limited to, the following: • Classroom Education • Use of media • Education /Outreach for Commercial Activities • Lawn and garden activities • Promotional giveaways • Water conservation practices for homeowners • Outreach programs tailored to specific communities and children • Stormwater educational materials • Educational displays, pamphlets, booklets, and utility stuffers • Webpage • Storm drain stenciling • Speakers to community groups • Encouragement of proper lawn and garden care • Encouragement of low impact development • Support of pollution prevention for businesses TCEQ -20368 SWMP Cover Sheet (Effective 12/13/2013, Form rev. 04/02/20) Page 1 5 -9 7-9 5 -9 5 -9 • Encouragement of water conservation practices • Encouragement of pet waste management • Stormwater hotlines 6. SWMP includes a program that complies with state and local public notice requirements. 7. May include using public input in the implementation of the program. 8. May include opportunities for citizen to participate in implementation of control measures. 9. Ensure the public easily can find information about the SWMP. SWMP Lists Best Management Practices (BMPs) used to fulfill this MCM. Examples of possible BMPs include, but are not limited to, the following: • Stakeholder meetings • Community hotline • Coordination with school groups /scouting • Listserver • Stream cleanup and monitoring • Adopt -A- Stream programs • Incentives for businesses to participate, such as web links • Volunteer monitoring • Watershed Organization • Storm drain stenciling programs • Advisory /partner committees • Mailing list development and use • Reforestation programs • Wetland plantings • Coordinate volunteer programs. SWMP includes measureable goals, and the method of measurement, for addressing 5-9 stormwater quality SWMP has been fully implemented, or includes a schedule of implementation not to 5-9 exceed five (5) years from permit issuance date. MCM 2: Illicit Discharge Detection and Elimination Page # (s) — Provide the page number (s) to the left of each item. The SWMP includes the following required elements: Requirements for all MS4s: 1. Description of program that will be used to detect, investigate and eliminate illicit io -ll discharges 2. MS4 map: 14 -32 a. Location of all small MS4 outfalls operated by the MS4 and that discharge into waters of the U.S. b. Location and name of all surface waters receiving discharge from the MS4s outfalls. c. Priority areas, if applicable. 11 -12 3. Methods for informing and training MS4 field staff. 11 -13 4. Procedures for tracing the source of an illicit discharge. TCEQ -20368 SWMP Cover Sheet (Effective 12/13/2013, Form rev. 04/02/20) Page 2 12 5. Procedures for removing the source of the illicit discharge. 12 -i3 6. Facilitate public reporting of illicit discharges of water quality impacts associated with discharges into or from the small MS4. 7. Procedures for responding to illicit discharges and spills. 12 8. Inspections in response to complaints. 12 Additional Requirements for Level 2, 3, and 4 small MS4s: For Level 2, 3, and 4 small MS4, procedures to prevent and correct leaking on -site sewage disposal systems. Additional Requirements for Level 3 and 4 small MS4s: N/A Follow -up investigation after the illicit discharge has been eliminated. Additional Requirements for Level 4 small MS4s: 1. Procedures for identifying and creating a list of priority areas within the small N/A MS4s likely to have illicit discharges. 2. Implement a dry weather field screening program to assist in detecting and eliminating illicit discharges to the small MS4. 10 -13 SWMP Lists Best Management Practices (BMPs) used to fulfill this MCM. Examples of possible BMPs may include the following: • List of non - stormwater discharges that will not be considered illicit • Procedures to address illegal dumping • Hazardous materials disposal opportunities • Industrial /Business connections • Addressing wastewater connections to MS4 • Addressing recreational sewage (boats /camping /etc.) • System inspections • Dye testing • Recycling programs • Informing public /employees /businesses of hazards associated with illicit discharges • Identification of illicit discharges • Used oil collection centers • Public outreach and education programs regarding illicit discharges • Publicize and facilitate public reporting 10 -13 SWMP includes measureable goals, and the method of measurement, for addressing stormwater quality. SWMP has been fully implemented, or includes a schedule of implementation not to 10 -13 exceed five (5) years from permit issuance date. MCM 3: Construction Site Stormwater Runoff Control Page # (s) — Provide the page number (s) to the left of each item. The SWMP includes the following required elements: TCEQ -20368 SWMP Cover Sheet (Effective 12/13/2013, Form rev. 04/02/20) Page 3 33 34 -35 -35 34 34 34 35 34 N/A 33 -35 Requirements for all MS4s: 1. Description of program that will be developed, implemented and enforced, to address stormwater runoff from construction once acre and greater (including larger common plan). 2. Ordinance or other regulatory mechanism to require erosion and sediment controls, as well as sanctions to ensure compliance, to the extent allowable under state and local law. 3. Program requires construction site operators to implement erosion and sediment control — BMPs to minimize the discharge of pollutants. a. Program requires soil stabilization measures, and implementation of BMPs to control pollutants from equipment and vehicle washing and other wash waters. b. Program requires operators to minimize exposure to stormwater of building materials, building products, construction wastes, trash, landscape materials, fertilizers, pesticides, herbicides, detergents, sanitary waste, and other materials. c. Minimize the discharge of pollutants from spills and leaks. As an alternative, ensure that the construction site has developed a stormwater pollution prevention plan in accordance with the TPDES Construction General Permit TXR150000. 4. Program prohibits illicit discharges such as wash out wastewater, fuels, oils, soaps, solvents, and dewatering activities. 5. Procedures for construction site plan review to consider water quality impacts. 6. Procedures for construction site inspections and enforcement of control measures, to the extent allowable under state and local law. 7. Procedures for receipt and consideration of information submitted by the public. 8. Procedures for MS4 staff training. Additional Requirements for Level 3, and 4 small MS4s: Includes an inventory of all permitted active construction sites greater than one acre or less than one acre if part of a larger common plan of development. SWMP lists BMPs used to fulfill this MCM. Examples may include: • Requirement to comply with TPDES CGP • Notification to discharger of responsibilities under TPDES CGP • Hire staff to review construction site plans • Provide a web page for public input on construction activities • Require overall construction site waste management • Perform site inspections and enforcement • Provide education and training for construction site operators • Notify dischargers of requirement to obtain TPDES permit coverage • Mechanism to prohibit discharges into MS4 where necessary 33 -35 SWMP includes measurable goals, and the method of measurement, for addressing stormwater quality. 33 -35 SWMP has been fully implemented, or includes a schedule of implementation not to exceed five (5) years from permit issuance date. TCEQ -20368 SWMP Cover Sheet (Effective 12/13/2013, Form rev. 04/02/20) Page 4 MCM 4: Post - Construction Stormwater Management in New Development and Redevelo ment Page # (s) — Provide the page number (s) to the left of each item. The SWMP includes the following required elements: Requirements for all MS4s: 36 1. Description of program that will be developed, implemented and enforced, to address stormwater runoff from new development and redeveloped sites that discharge into the small MS4 that disturb one acre or more, including projects that disturb less than one acre that are part of a larger common plan of development or sale. 37 2. Ordinance or other regulatory mechanism is in place or planned which will regulate discharges from new development and redevelopment projects. 36 -38 3• Establish, implement, and enforce a requirement that owners or operators of new development and redeveloped sites design, install, implement, and maintain a combination of structural and non - structural BMPs appropriate for the community and that protects water quality. 36-38 4• Document and maintain records of enforcement actions. 37 5. Long -term operation and maintenance of post construction stormwater control measures is addressed. 37 6. Operation and maintenance is documented. N/A Additional Requirements for Level 4 small MS4s: 1. Develop and implement an inspection program to ensure that all post construction stormwater control measures are operating correctly and are being maintained. 2. Inspections are documented. 36-38 SWMP lists BMPs used to fulfill this MCM. Examples may include: • Local ordinance in place or planned • Guidance document for developers to utilize • Specific BMPs established for particular watersheds • List of appropriate BMPs provided to operators • Elimination of curbs and gutters is encouraged • Zoning takes into account stormwater issues • Incentives for use of permeable choices, such as porous pavement • Requirements for wet ponds or other BMPs for certain size sites • Xeriscaping 36.38 SWMP includes measurable goals, and the method of measurement, for addressing stormwater quality. 36_38 SWMP has been fully implemented, or includes a schedule of implementation not to exceed five (5) years from permit issuance date. TCEQ -20368 SWMP Cover Sheet (Effective 12/13/2013, Form rev. 04/02/20) Page 5 MCM 5: Pollution Prevention and Good Housekeeping for Municipal Operations Page # (s) — Provide the page number (s) to the left of each item. The SWMP includes the following required elements: Requirements for all MS4s: 1. An operation and maintenance (O&M) program, including an employee training 39 -41 component, in place or scheduled, to reduce /prevent pollution from municipal activities and municipally owned areas included but not limited to park and open space maintenance; street, road, or highway maintenance; fleet and building maintenance; stormwater system maintenance; new construction and land disturbances; municipal parking lots; vehicle and equipment maintenance and storage yards; waste transfer stations; and salt /sand storage locations. 39 -41 2. Develop and maintain an inventory of the MS4's facilities and stormwater controls. 4° 3. Inform or train staff involved in good housekeeping practices. 39-41 4. Waste from the MS4 is removed and properly disposed. 39 -41 5• Contractors hired by the MS4 must be required to comply with operating procedures. a. MS4 develop contractor oversight procedures. 6. MS4 evaluates O&M activities for their potential to discharge pollutants in 39-41 stormwater for road and parking lot maintenance, bridge maintenance, cold weather operations, and right -of -way maintenance etc. a. MS4 identifies pollutants of concern that could be discharged from the O&M activities. b. MS4s develop and implement pollution prevention measures that will reduce discharge of pollutants from O &M activities. C. MS4s inspects pollution prevention measures at MS4 facilities. 39 -41 7• MS4 maintains structural controls. Additional requirements for Level 3 and 4 small MS4s: 1. Storm sewer system O&M. N/A a. MS4 develops and implements an O &M program to reduce the collection of pollutants in catch basins and other surface structures. b. MS4 develops a list of potential problem areas for increased inspection (for example, areas with recurrent illegal dumping). N/A 2. Implement an O&M program to reduce discharge of pollutants from roads that might include a street sweeping and cleaning program, or inlet protection. The program includes an implementation schedule and a waste disposal procedure. N/A 3. MS4 map identify MS4 facilities and stormwater controls. N/A 4• MS4 assess its facilities for their potential to discharge pollutants into stormwater. a. The MS4 identifies high priority facilities that have a high potential to generate stormwater pollutants. At a minimum, facilities include the MS4s maintenance yards, hazardous waste facilities, fuel storage locations, and any other facilities at which chemicals or other materials have a high potential to be discharge in stormwater. b. The MS4 documents the result of the assessments. N/A 5. The MS4 develops stormwater management Standard Operation Procedures for N/A high priority facilities. 6. The MS4 implements stormwater controls at high priority facilities that address: a. Good housekeeping TCEQ -20368 SWMP Cover Sheet (Effective 12/13/2013, Form rev. 04/02/20) Page 6 N/A b. De -icing and anti -icing storage c. Fueling operations and vehicle maintenance d. Equipment and vehicle washing N/A 7. The MS4 develops and implements an inspection program that includes high priority facilities. N/A 39 -41 Additional requirements for Level 4 small MS4s: MS4 has an application and management program for pesticides, herbicides, and fertilizers that address: a. Evaluating materials and activities used at public open spaces. b. Implementing the following practices to minimize generating pollutants related to landscaping. i. Education for applicators and distributers ii. Encouragement of non - chemical solutions for pest management c. Development of schedules that minimizes discharge of pollutants. d. Ensuring collection and proper disposal of unused pesticides, herbicides, and fertilizers. SWMP lists BMPs used to fulfill this MCM. Examples may include: • BMPs which address fleet vehicle maintenance /washing • BMPs which address parking lot and street cleaning • Catch basin and storm drain system cleaning • Landscaping and lawn care (e.g. xeriscaping) • Waste materials management • Road salt application and storage practices • Used oil recycling • Pest management practices • Fire training facilities • BMPs which address roadway and bridge maintenance • Golf course maintenance /waste disposal • Disposal of cigarette butts • Park maintenance (e.g., providing trash bags) SWMP includes measurable goals, and the method of measurement, for addressing 39-41 stormwater quality. 39 -41 SWMP has been fully implemented, or includes a schedule of implementation not to exceed five (5) years from permit issuance date. MCM 6: Industrial Stormwater Sources Page # (s) — Provide the page number (s) to the left of each item. The SWMP includes the following required elements: Requirements for Level 4 MS4 only: Program to identify and control industrial stormwater sources that at least includes: 42 a. MS4 landfills, other treatment, storage, or disposal facilities for municipal waste, hazardous waste treatment, storage, disposal and recovery facilities and facilities that are subject to Emergency Planning and Community Right - to -Know Act (EPCRA). b. Priorities and procedures for inspections and for implementing control measures for such discharges. TCEQ -20368 SWMP Cover Sheet (Effective 12/13/2013, Form rev. 04/02/20) Page 7 Optional 71h MCM: Municipal Construction Activities (only available within the regulated area where the MS4 operator meets the definition of construction site operator) Page # (s) — Provide the page number (s) to the left of each item. If this MCM is applicable, the SWMP includes the following information: N/A 1. Description of how construction activities will generally be conducted so as to take into consideration local conditions of weather, soils, and other site specific considerations. N/A 2. Description of the area that this MCM will address and where the MS4 operator's construction activities are covered (e.g. within the boundary of the urbanized area, the corporate boundary, a special district boundary, an extra territorial jurisdiction, or other similar jurisdictional boundary). N/A 3• If the area included in this MCM includes areas outside of the UA, then all MCMs will be implemented over those additional areas as well. N/A 4• Description provided for one of the following: a. How contractor activities will be supervised or overseen to ensure that the Stormwater Pollution Prevention Plan (SWP3) requirements are properly implemented at the construction site(s); or b. How the MS4 operator will make certain that contractors have a separate authorization for stormwater discharges if needed. N/A 5. General description of how a construction SWP3 will be developed for each N/A 6. construction site. Records of municipal construction activities authorized under this optional MCM. TCEQ -20368 SWMP Cover Sheet (Effective 12/13/2013, Form rev. 04/02/20) Page 8 Notice of Intent (NOI) for Stormwater Discharges from Small Municipal Separate Storm Sewer Systems (MS4) under the TPDES Phase II MS4 General Permit (TXR040000) General Information and Instructions Where to Send the Notice of Intent (NOI): BY REGULAR U.S. MAIL: Texas Commission on Environmental Quality Applications Review and Processing Team (MC -148) P.O. Box 13o87 Austin, Texas 78711 -3087 TCEQ Contact List: Small Business and Local Government Assistance Application — status and form questions: Technical questions: Environmental Law Division: Records Management - obtain copies of forms: Reports from databases (as available): Cashier's office: BY OVERNIGHT /EXPRESS MAIL: Texas Commission on Environmental Quality Applications Review and Processing Team (MC -148) 12100 Park 35 Circle Austin, TX 78753 800/447 -2827 512/239 -4671 512/239-4671 512/239 -o600 512/239-0900 512/239 -DATA (3282) 512/239-0357 or 512/239 -0187 Notice of Intent Process: When your NOI and SWMP is received by the program, the form will be processed as follows: 1) Administrative Review: Each item on the form will be reviewed for a complete response. In addition, the operator's legal name must be verified with Texas Secretary of State as valid and active (if applicable). The address(s) on the form must be verified with the US Postal service as receiving regular mail delivery. Never give an overnight /express mailing address. An application will not be declared administratively complete or approved if delinquent fees and /or penalties of $25 or more are owed to the TCEQ. All such fees must be paid prior to approval of the NOI. 2) Notice of Deficiency: If an item is incomplete or not verifiable as indicated above, a notice of deficiency (NOD) will be mailed to the operator. The operator will have 3o days to respond to the NOD. The response will be reviewed for completeness. 3) Technical Review of SWMP: More information may be requested by phone or technical NOD letter mailed to the SWMP contact. The executive director's preliminary determination on the NOI and SWMP will be prepared and filed with the TCEQ Chief Clerk. 4) Public Participation Process: The TCEQ Chief Clerk will mail written instructions for publishing the executive director's preliminary determination on the NOI and SW-MP at least once in the newspaper of general circulation in the county where the small MS4 is located. If applicable, a public meeting may be held. TCEQ -20368 Instructions (Effective 12/13/2013, Form rev. 04/02/2014) Page 1 5) Acknowledgment of Coverage: An Acknowledgment Certificate will be mailed to the operator. This certificate acknowledges coverage under the general permit. -or- Denial of Coverage: Coverage may be denied if the operator fails to respond to the NOD, the response is inadequate, or find the NOI and SWMP do not meet the requirements of this general permit. If coverage is denied, the operator will be notified. General Permit Coverage under the general permit begins upon approval of the NOI and the SWMP by TCEQ and after the public notice process has been completed. You should have a copy of the general permit when submitting your application. You may view and print the permit for which you are seeking coverage, on the TCEQ web site http: / /www.tceg.texas.gov. Search using key word TXR040000. General Permit Forms The Notice of Intent (NOI), Notice of Termination (NOT), and Notice of Change (NOC) (including instructions) are available in Adobe Acrobat PDF format on the TCEQ web site http: / /www.tceq.texas.gov. Change in Operator An authorization under the general permit is not transferable. If the operator of the regulated entity changes, the present permittee must submit a Notice of Termination and the new operator must submit a Notice of Intent. The NOT and NOI must be submitted concurrently not more than ten (1o) calendar days after the change occurs. TCEQ Central Registry Core Data Form The Core Data Form has been incorporated into this form. Do not send a Core Data Form to TCEQ. After final acknowledgment of coverage under the general permit, the program will assign a Customer Number and Regulated Entity Number. You can find the information on the Central Registry web site at http:// www12. tceq.texas.gov /crpub /index.cfm. You can search by the Regulated Entity (RN), Customer Number (CN) or Name (Permittee), or by your authorization number under the search field labeled Additional ID. Capitalize all letters in the authorization number. The Customer (Permittee) is responsible for providing consistent information to the TCEQ, and for updating all CN and RN data for all authorizations as changes occur. For General Permits, a Notice of Change form must be submitted to the program area. Fees associated with a General Permit Payment of the fee may be made by check or money order, payable to TCEQ, or through EPAY (electronic payment through the web). Application Fee: This fee is required to be paid at the time the NOI is submitted. Failure to submit payment at the time the application is filed will cause delays in acknowledgment or denial of coverage under the general permit. Mailed Payments: Payment must be mailed under separate cover at one of the addresses below using the attached Application Fee submittal form. (DO NOT SEND A COPY OF THE NOI WITH THE APPLICATION FEE SUBMITTAL FORM) TCEQ -20368 Instructions (Effective 12/13/2013, Form rev. 04/02/2014) Page 2 BY REGULAR U.S. MAIL BY OVERNIGHT /EXPRESS MAIL Texas Commission on Environmental Quality Texas Commission on Environmental Quality Financial Administration Division Financial Administration Division Cashier's Office, MC -214 Cashier's Office, MC -214 P.O. Box 13o88 12100 Park 35 Circles Austin, TX 78711 -3088 Austin, TX 78753 ePAY Electronic Payment: hW2:jjwww.tceq.texas.gov/gp making the payment you must select Water Quality, and then select the fee category "General Permit MS4 Phase II Stormwater Discharge NOI Application ". You must include a copy of the payment voucher with your NOI. Your NOI will not be considered complete without the payment voucher. Annual Water Quality Fee: This fee is assessed to permittees with an active authorization under the general permit on September 1 of each year. The designated billing contact will receive an invoice for payment of the annual fee in December of each year. The payment will be due 3o days from the invoice date. A 5% penalty will be assessed if the payment is received by TCEQ after the due date. Annual fee assessments cannot be waived as long as the authorization under the general permit is active on September 1. It's important for the permittees to submit a Notice of Termination (NOT) when coverage under the general permit is no longer required. A NOT is effective on the postmarked date of mailing the form to TCEQ. It is recommended that the NOT be mailed using a method that documents the date mailed and received by TCEQ. Mailed Payments: You must return your payment with the billing coupon provided with the billing statement. ePAY Electronic Payment: http:llwww.tceg.texas.gov/0 must enter your account number provided at the top portion of your billing statement. Payment methods include American Express, MasterCard, Visa, and electronic check payment (ACH). Renewal of General Permit: Dischargers holding active authorizations under the expired General Permit are required to submit a NOI to continue coverage. The existing authorization number is required. If the authorization number is not provided or has been terminated, expired, or denied a new permit number will be issued. i. Operator (Applicant) a) Enter assigned Customer Number (CN) TCEQ's Central Registry will assign each customer a number that begins with CN, followed by nine digits. This is not an authorization number, registration number, or license number. If this customer has not been assigned a CN, leave the space for the CN blank. If this customer has already been assigned this number, enter the permittee's CN. TCEQ -20368 Instructions (Effective 12/13/2013, Form rev. 04/02/2014) Page 3 b) Legal Name Provide the current legal name of the permittee. c) Operator Mailing Address Provide a complete mailing address for receiving mail from the TCEQ. The address must be verifiable with the US Postal Service at http: / /www.usps.com for regular mail delivery (not overnight express mail). If you find that the address is not verifiable using the USPS web search, please indicate the address is used by the USPS for regular mail delivery. The area code and phone number should provide contact to the operator. Leave Extension blank if not applicable. The fax number and e-mail address are optional and should correspond to the operator. d) Type of Customer (Entity Type) Check only one box that identifies the type of entity. Use the descriptions below to identify the appropriate entity type. Note that the selected entity type also indicates the name that must be provided as an applicant for a permit, registration or authorization. Government Federal, state, county, or city government (as appropriate) The customer is either an agency of one of these levels of government or the governmental body itself. The government agency's `legal name' must be provided as the applicant. A department name or other description of the organization should not be included as a part of the `legal name' as applicant. Other Government A utility district, water district, tribal government, college district, council of governments, or river authority. Write in the specific type of government. e) Number of Employees Check one box to show the number of employees for this customer's entire company, at all locations. This is not necessarily the number of employees at the site named in the application. 2. BILLING ADDRESS An annual fee is assessed to each operator holding an active authorization under the general permit on September 1 of each year. Provide the complete mailing address where the annual fee invoice should be mailed. Verify the address with the USPS. It must be an address for delivery of regular mail, not overnight express mail. Also, provide a phone number of the operator's representative responsible for payment of the invoice. Country Mailing Information: If this address is outside the United States, enter the territory name, country code, and any non -ZIP mailing codes or other non -U.S. Postal Service features here. If this address is inside the United States, leave these spaces blank. 3. REGULATED ENTITY (RE) INFORMATION ON PROJECT OR SITE a. Regulated Entity Reference Number (RN) A number issued by TCEQ's Central Registry to sites (a location where a regulated activity occurs) regulated by TCEQ. This is not an authorization number, registration number, or license number. If this regulated entity has not been assigned an RN, leave this space blank. TCEQ -20368 Instructions (Effective 12/13/2013, Form rev. 04/02/2014) Page 4 If the site of your business is part of a larger business site, a Regulated Entity Number (RN) may already be assigned for the larger site. Use the RN assigned for the larger site. Search TCEQ's Central Registry to see if the larger site may already be registered as a regulated site at: http: / /wwwl2.tceq.texas.gov /crpub/ index .cfm ?fuseaction= regent.RNSearch If the site is found, provide the assigned Regulated Entity Reference Number (RN) and provide the information for the site to be authorized through this application. The site information for this authorization may vary from the larger site information. An example is a chemical plant where a unit is owned or operated by a separate corporation that is accessible by the same physical address of your unit or facility. Other examples include industrial parks identified by one common address but different corporations have control of defined areas within the site. In both cases, an RN would be assigned for the physical address location and the permitted sites would be identified separately under the same RN. b. Site /Project Name /Regulated Entity Provide the name of the site as known by the public in the area where the site is located. The name you provide on this application will be used in the TCEQ Central Registry as the Regulated Entity name. c. Describe the boundaries of the regulated portion of the small MS4. In your own words, briefly describe the boundaries of the regulated portion of the small MS4. Do not repeat the SIC Code description. d. Provide the city where the largest residential population exists within the regulated MS4 boundaries. If there is no city within the boundaries of the MS4, provide the name of the nearest city. e. Provide the ZIP code where the largest residential population exists within the regulated MS4 boundaries. f. County Identify the county or counties in which the regulated entity is located. g. Latitude and Longitude Enter the latitude and longitude of the site in degrees, minutes, and seconds or decimal form. For help obtaining the latitude and longitude, go to: http: // www. tceg .texas.gov/gis /sgmaview.htmi or http: / /nationalmap.gov /ustopo 4. GENERAL CHARACTERISTICS a. Indian Country Lands If your site is located on Indian Country Lands, the TCEQ does not have authority to process your application. You must obtain authorization through EPA, Region 6, Dallas. Do not submit this form to TCEQ. Indian Country means (1) all land within the limits of any American Indian reservation under the jurisdiction of the U.S. government, notwithstanding the issuance of any patent, and including rights -of -way running throughout the reservation; (2) all dependent Indian communities within the borders of the United States whether within the original or subsequently acquired territory thereof, and whether within or outside the limits of a State; TCEQ -20368 Instructions (Effective 12/13/2013, Form rev. 04/02/2014) Page 5 and (3) all Indian allotments, the Indian titles which have not been extinguished, including rights -of -way running through the same. Indian Tribe means any Indian Tribe, band, nation, or community recognized by the Secretary of the Interior and exercising substantial governmental duties and powers. b. Standard Industrial Classification (SIC) code Provide the SIC code that best describes the operator's primary business. Common SIC Codes are provided below. For help with SIC codes, go to: www.osha.gov/oshstatslsicser.html gill - Executive offices (such as for a city, county, ect.) 8221 - Colleges, Universities, and Professional Schools 8222 - Junior Colleges and Technical Institutes 9621 - Regulation and Administration of Transportation Programs 4111 - Local and Suburban Transit 4952 - Sewerage Systems 4971 - Irrigation Systems 9223 - Correctional Institutions 9511 - Air and Water Resource and Solid Waste Management (including flood control, drainage development, etc.) c. Category or level of the MS4 The general permit defines MS4s by four different categories or levels, based on the population served within the 2010 UA. "Population served" means the residential population within the regulated portion of the small MS4 based on the 2010 Census, except for non - traditional small MS4s. A reference map identifying the 2010 Census UAs can be found at www.epa.gov /npdes /stormwater /urbanmaps d. TCEQ "Designated" small MS4 A small MS4 that is outside of urbanized area that is "designated" by TCEQ is eligible for coverage under this general permit. The small MS4 Operator must obtain authorization under this general permit or apply for coverage under an individual TPDES stormwater permit within 18o days of notification of their designation. Information about urbanized areas (UAs) and a link to the UA maps are found on the EPAs website at: http:// cfpubi. epa. gov /npdeslstormwaterZurbanmaps.cfm e. Annual Reporting Year The annual report must address the previous reporting year. The selected reporting year cannot be changed during the permit year. 1. The first reporting year begins on the permit effective date (December 13, 2013) and lasts for a period of one (1) year. 2. If the MS4 selects the fiscal year, the first reporting year will last until the end of the fiscal year following the end of the first permit year. TCEQ -20368 Instructions (Effective 12/13/2013, Form rev. 04/02/2014) Page 6 3. If the MS4 selects the calendar year then the first reporting year will last until December 31, 2014. f. SWMP 1. The NOI must include the SWMP when submitted to TCEQ for processing, and the Operator is required to certify the SWMP has been developed according to the general permit. Also, the SWMP Cover Sheet must be completed and placed to the front of the SWMP. When completing the SWMP Cover Sheet, be sure to enter the page number and /or page range for each item under an MCM. 2. The general permit requires the name, address, phone number and fax number of the designated person responsible for implementing and coordinating implementation of the SWMP. All information is required with an exception of email, however, this information is desired. Changes to the SWMP may require TCEQ approval. Changes must be submitted by Notice of Change to the same address as the NOI. Notice of Change will either be automatically approved or additional information may be request before approval. g. 71h Minimum Control Measure (MCM) 1. Indicate if the municipality is seeking coverage under this general permit for municipal construction activities where the municipality meets the definition of "construction site operator ". 2. If authorization for municipal construction activities is proposed in this NOI the developed MCM must be included with the SWMP and the NOI must include a description of the boundaries covered in the MCM. The area included for this MCM must include only the regulated MS4 area; or it may include additional areas of the MS4 if all other MCMs are implemented over the additional area as well. This coverage may be obtained after the original NOI is approved. This may be accomplished by submitting a Notice of Change that includes the developed MCM and a description of the proposed municipal construction activity boundaries addressed in the MCM. If the MS4 operator proposes to include additional areas outside of the regulated MS4, then the Notice of Change must also indicate that the MS4 operator will implement the entire SWMP over the additional areas. 3. If the discharge or potential discharge from regulated construction activities is within the Recharge Zone, Contributing Zone, or Contributing Zone within the Transition Zone of the Edwards Aquifer, then additional requirements may exist under the Edwards Aquifer Protection Program (3o TAC Chapter 213). For construction activities that will be regulated under TXR040000, the approved Contributing Zone Plan or Water Pollution Abatement Plan must be included or referenced as part of the construction site stormwater pollution prevention plan. For other activities regulated under 3o TAC Chapter 213, information must be included in the SWMP. Compliance with any Edwards Aquifer requirements is required in addition to the requirements of this general permit. h. Discharge Information 1. The stormwater may be discharged directly to a receiving stream or through another MS4* from your MS4. It eventually reaches a receiving water body such as a local TCEQ -20368 Instructions (Effective 12/13/2013, Form rev. 04/02/2014) Page 7 stream or lake, possibly via a drainage ditch. You must provide the name of the surface water body that receives the discharge from the site (a local stream or lake). Please note that this general permit does not grant permission to use another MS4 as a conveyance of stormwater and certain non -storm water discharges along the discharge route. 2. Identify the classified segment number(s) receiving a discharge directly or indirectly. Go to the link below to find the segment number of the classified water body where wastewater would flow: www.tceg.texas.gov/publicationsZgi/gi:3i6 3. Identify any surface water bodies receiving discharges from the small MS4 that are on the latest EPA - approved CWA § 303(d) list of impaired waters. EPA approved CWA 303d list of impaired waters can be found at: http:/Z www.tceq.texas.govlwaterguality /assessment /�05 '1o�.html 4. Identify the MS4* Operator name if the stormwater discharge is into an MS4. *MS4 is an acronym for Municipal separate storm sewer system. MS4 is defined as a separate storm sewer system owned or operated by a state, city, town, county, district, association, or other public body (created by or pursuant to state law) having jurisdiction over disposal of sewage, industrial wastes, stormwater, or other wastes, including special districts under state law such as a sewer district, flood control or drainage district, or similar entity, or an Indian tribe or an authorized Indian tribal organization, that discharges to water in the state. For assistance, you may call the technical staff of the Water Quality Assessment & Standards Section at 512/239 -4671• i. Edwards Aquifer Rule See maps on the TCEQ website to determine if the site is located within the Recharge Zone, Contributing Zone, or Contributing Zone within the Transition Zone of the Edwards Aquifer at httD: / /www.tcea.texas.gov /field /eaDD /viewer.html If the discharge or potential discharge is within the Recharge Zone, Contributing Zone, or Contributing Zone within the Transition Zone of the Edwards Aquifer, then additional requirements may exist under the Edwards Aquifer Protection Program (3o TAC Chapter 213). For activities regulated under 3o TAC Chapter 213, any required plans must be included in the SWMP. Compliance with any Edwards Aquifer requirements is required in addition to the requirements of this general permit. j. Public Participation The applicant must indicate on the NOI that it will comply with the public participation requirements described in Part II.D.12 of the general permit. The person responsible for receiving the information from the TCEQ Chief Clerk for publishing in the newspaper must be identified and all contact information must be provided. After review of the NOI and SWMP is completed, the Office of Chief Clerk will mail the Executive Director's preliminary determination to the contact provided in the NOI for publishing in the newspaper of largest circulation in the county of the small MS4. TCEQ -20368 Instructions (Effective 12/13/2013, Form rev. 04/02/2014) Page 8 The comment period begins on the first date the notice is published and ends 3o days later, unless a public meeting is held. If a public meeting is held it will end at the closing of the public meeting. The applicant must file with the Chief Clerk a copy and an affidavit of the publication of notice(s) within 6o days of receiving the written instructions from the Office of Chief Clerk. If significant public interest exists, the executive director will direct the applicant to publish notice of the meeting and to hold the public meeting. The applicant must publish the notice of public meeting at least 3o days prior to the public meeting and hold the meeting in the county where the MS4 is located. 5. CERTIFICATIONS Failure to indicate Yes to ALL of the certification items may result in denial of coverage under the general permit. Operator Certification: The certification must bear an original signature of a person meeting the signatory requirements specified under 3o Texas Administrative Code (TAC) §305.44• IF YOU AREA CORPORATION: The regulation that controls who may sign an NOI or similar form is 3o Texas Administrative Code §305.44(a)(1) (see below). According to this code provision, any corporate representative may sign an NOI or similar form so long as the authority to sign such a document has been delegated to that person in accordance with corporate procedures. By signing the NOI or similar form, you are certifying that such authority has been delegated to you. The TCEQ may request documentation evidencing such authority. IF YOU ARE A MUNICIPALITY OR OTHER GOVERNMENT ENTITY: The regulation that controls who may sign an NOI or similar form is 3o Texas Administrative Code §305.44(a)(3) (see below). According to this code provision, only a ranking elected official or principal executive officer may sign an NOI or similar form. Persons such as the City Mayor or County Commissioner will be considered ranking elected officials. In order to identify the principal executive officer of your government entity, it may be beneficial to consult your city charter, county or city ordinances, or the Texas statute(s) under which your government entity was formed. An NOI or similar document that is signed by a government official who is not a ranking elected official or principal executive officer does not conform to §305.44(a)(3)• The signatory requirement may not be delegated to a government representative other than those identified in the regulation. By signing the NOI or similar form, you are certifying that you are either a ranking elected official or principal executive officer as required by the administrative code. Documentation demonstrating your position as a ranking elected official or principal executive officer may be requested by the TCEQ. If you have any questions or need additional information concerning the signatory requirements discussed above, please contact the Texas Commission on Environmental Quality's Environmental Law Division at (512)239 -0600. TCEQ -20368 Instructions (Effective 12/13/2013, Form rev. 04/02/2014) Page 9 3o Texas Administrative Code §305.44• Signatories to Applications (a) All applications shall be signed as follows. (1) For a corporation, the application shall be signed by a responsible corporate officer. For purposes of this paragraph, a responsible corporate officer means a president, secretary, treasurer, or vice- president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision - making functions for the corporation; or the manager of one or more manufacturing, production, or operating facilities employing more than 250 persons or having gross annual sales or expenditures exceeding $25 million (in second - quarter 198o dollars), if authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures. Corporate procedures governing authority to sign permit or post - closure order applications may provide for assignment or delegation to applicable corporate positions rather than to specific individuals. (2) For a partnership or sole proprietorship, the application shall be signed by a general partner or the proprietor, respectively. (3) For a municipality, state, federal, or other public agency, the application shall be signed by either a principal executive officer or a ranking elected official. For purposes of this paragraph, a principal executive officer of a federal agency includes the chief executive officer of the agency, or a senior executive officer having responsibility for the overall operations of a principal geographic unit of the agency (e.g., regional administrator of the EPA). TCEQ -20368 Instructions (Effective 12/13/2013, Form rev. 04/02/2014) Page 10 Texas Commission on Environmental Quality General Permit Payment Submittal Form • Complete items 1 through 5 below: • Staple your check in the space provided at the bottom of this document. • Do not mail this form with your NOI form. • Do not mail this form to the same address as your NOI. Mail this form and your check to: BYREGULAR U.S. MAIL BY OVERNIGHT /EXPRESS MAIL Texas Commission on Environmental Texas Commission on Environmental Quality Quality Financial Administration Division Financial Administration Division Cashier's Office, MC -214 Cashier's Office, MC -214 P.O. Box 13088 12100 Park 35 Circle Austin, TX 78711 -3088 Austin, TX 78753 Fee Code: GPA General Permit: TXR040000 1. Check / Money Order No: 2. Amount of Check /Money Order: 3. Date of Check or Money Order: _ 4. Name on Check or Money Order: 5. NOI INFORMATION If the check is for more than one NOI, list each Project /Site (RE) Name and Physical Address exactly as provided on the NOI. DO NOT SUBMIT A COPY OF THE NOI WITH THIS FORM AS IT COULD CAUSE DUPLICATE PERMIT ENTRIES. See Attached List of Sites (If more space is needed, you may attach a list.) Project /Site (RE) Name: Project /Site (RE) Physical Address: Staple Check in This Space TCEQ -2o134 (04 /13 /2oo6) Page 1 City of Schertz Stormwater Management Plan 2014 -2019 S(C]l«LIRZIr COMMUNITY* SER I E* OPPORTUNITY Stormwater Management Plan Implementation Program Overview The Federal Water Pollution Control Act was passed in 1972. After the law was amended in 1977, it became commonly known as the Clean Water Act'. The Clean Water Act (The Act) established the structure for federal regulation of pollutant discharges into the waters of the United States, authorized the Environmental Protection Agency (EPA) to implement pollution control program, extended the requirements to establish standards or surface water contaminants, and made it unlawful to discharge unpermitted point source pollutants into navigable water. The Act also established funding for construction of sewage treatment plants and promoted planning to address non -point source pollution. In order to reduce stormwater pollution, amendments were made to the Clean Water Act in 1987, requiring stormwater discharges to be permitted in two phases. Phase 1 applied, among other things, to large cities with separate stormwater sewer systems. The regulations required these cities to obtain National Pollutant Discharge Elimination System (NPDES) permits. The permit process imposed controls on the cities to reduce pollution in stormwater discharges. Phase 2 applies to smaller cities. In 1990, the EPA issued final regulations for Phase 2. The Texas Commission on Environmental Quality (TCEQ) issued the Texas Pollutants Discharge Elimination System (TPDES) General Permit Number TXR040000 (General Permit) for Phase 2 Stormwater on August 13, 2007 in order to create a mechanism for non -Phase 1 Texas cities with populations of over 1,000 to come into compliance with the federal regulations. On December 13, 2013, TCEQ issued a revision to the General Permit TXR040000 that replaces the 2007 version. With the new General Permit all Small MS4s are defined by levels based on the population served in and Urban Area (UA) according to the 2010 decennial census. Schertz' population was 31,465 defining the community as a Level 2 Small MS4. The process of applying for coverage under and maintaining conformance to the General Permit begins with submitting two documents to the TCEQ. The first document is a form provided by the TCEQ, called a Notice of Intent (NOI). The second document is this document, the proposed Implementation Program for the Stormwater Management Plan (SWMP). The Implementation Program for the SWMP proposed to reduce stormwater pollution by increasing the city's control of pollution sources. The Implementation Program provides maps (see Tab 2) and photos (see Tab 2), which identify many of the points where stormwater is discharged from the city to other municipalities. The plan must be fully implemented within 5 years of the TCEQ's issuance of the General Permit. -1- Stormwater Management Plan Implementation Program The general schedule is as shown: December 13, 2013 The TCEQ issued the General Permit. June 11, 2014 Submit NOI and a SWMP Implementation Program to the TCEQ. 1. Receive public comment for at least 30 days. Hold a public meeting if a high level of interest exists. TCEQ staff will facilitate the meeting. 2. File a copy and an affidavit of the publication of notice(s). 3. The TCEQ shall approve, approve with conditions, or deny the NOI. December 11, 2018 The SWMP must be fully implemented. A detailed, comprehensive schedule for the Implementation Program is provided behind Tab 8 of this document. The Implementation Program proposes the means to develop, to implement, and to enforce a plan to reduce the discharge of pollutants to the maximum extent practicable (MEP). It identifies six (6) Minimum Control Measures (MCMs), which are required to be addressed by the General Permit: 1. Public Education, Outreach, and Involvement — Distribute educational materials, provide presentations to inform citizens about stormwater pollution and/or provide opportunities for citizens to participate in program development and implementation. See Tab 1. 2. Illicit Discharge Detection and Elimination (IDDE) — Detect and eliminate illicit discharges to the storm system. See Tab 2. 3. Construction Site Stormwater Runoff Control — Control erosion and sediment in non - municipal construction activities. See Tab 3. 4. Post - Construction Stormwater Management in New Development and Redevelopment — Control pollutant discharges from new development and redevelopment areas. See Tab 4. 5. Pollution Prevention and Good Housekeeping for Municipal Operations — Prevent or reduce pollutant runoff from municipal operations. See Tab 5. 6. Industrial Stormwater Sources — Monitor and regulate as needed pollutants from industrial or commercial sites. See Tab 6. The Implementation Program proposes scheduling for each MCM and establishes criteria for measuring the success of the implementation. The detailed proposals for each MCM are provided behind tabs which are numbered correspondingly. -2- Stormwater Management Plan Implementation Program The City must maintain records on the SWMP, submit an annual report to the TCEQ on December 13 of each of the permit years, and submit other records to the TCEQ when requested. The records must include documentation pertaining to the effectiveness of BMPs and shall be included in the annual reports as required in Part IV.B.2 of the General Permit. The records must also be kept available to the public. Any changes to the SWMP must be included in the annual report as described in Part IV.B.2. of the General Permit and must meet the requirements of Part ILD.1. of the General Permit. The city must report non - compliance with the General Permit to the TCEQ and maintain accurate records at TCEQ offices. The City elects not implement the optional MCM No. 7: Authorization for Construction Activities where the Small MS4 is the Site Operator. The reason for non - implementation of this MCM is twofold. First, most of the city's projects are too small to require permitting under TPDES General Permit TXR150000. Second, most of the city's projects are performed by contractors who are hired by the city. Conformance to TPDES General Permit TXR150000 is routinely made part of the construction contract. All Construction Activity that discharges or may potentially discharge from the MS4 within the Recharge Zone, Contributing Zone, or Contributing Zone within the Transition Zone of the Edwards Aquifer must include a Water Pollution Abatement Plan (WPAP) required by Edwards Aquifer Rule (30 TAC Chapter 213) to be included or referenced on all construction stormwater pollution prevention plans. -3- Stormwater Management Plan Implementation Program Section Description Location MCM No. 1: Public Education, Outreach, and Involvement Tab 1 MCM No. 2: Illicit Discharge Detection and Elimination (IDDE) Tab 2 MCM No. 3: Construction Site Stormwater Runoff Control Tab 3 MCM No. 4: Post - Construction Stormwater Management in New Development and Redevelopment Tab 4 MCM No. 5: Pollution Prevention and Good Housekeeping for Municipal Operations Tab 5 MCM No. 6: Industrial Stormwater Sources Tab 6 Definitions and Acronyms Tab 7 Comprehensive Schedule Tab 8 Receiving Waters of Impaired Quality on the Clean Water Act § 303(d) List Tab 9 Ordinance 13 -M -31 Tab 10 Stormwater Management Plan Implementation Program Minimum Control Measure No. 1 Public Education, Outreach, and Involvement The City will develop and implement a public education program which will distribute educational materials to the community and/or conduct equivalent outreach activities that will be used to inform the public. The City will direct its education and outreach efforts toward multiple segments of the population to promote a broad understanding among those who have the potential to impact stormwater quality. Efforts will be directed toward residents, visitors, public service employees, businesses, commercial and industrial facilities, and construction site personnel. This MCM will inform the public about the impacts that stormwater runoff can have on water quality, hazards associated with illegal discharges and improper disposal of waste, and steps that can be taken to reduce pollutants in stormwater runoff. The City will develop and implement means for the public to become involved and to participate in the process of preventing or reducing stormwater pollution. Further, the City will seek to encourage citizens and business owners to invest themselves more into preventing and reducing stormwater pollution and, thereby, to increase the effective resources in perceiving and in addressing stormwater pollution problems. The City will, at a minimum, comply with any state and local public notice requirements when implementing this public involvement /participation program. The general rule will be to open opportunities to participate in the SWMP development and implementation to all people in the City, The City shall document the activities performed and materials used to fulfill this MCM. Documentation shall be detailed enough to demonstrate the amount of resources used to address each group. This documentation shall be included in the annual reports which are required in Part IV.B.2. of the General Permit. Discussions of the Best Management Practices (BMPs) to be utilized in public education, outreach, and involvement follow: BMP 1.1: Brochures and Fact Sheets Description — Develop or obtain informational brochures and fact sheets pertaining to the improvement and preservation of stormwater quality. Distribute through city website and/or utility mailings such as bills and notices. Place brochures at City Hall, the Public Works Office, the Library and at the Chamber of Commerce/Visitors' Center. Coordinate with other nearby government offices and /or utilities to determine if resources might be shared in a productive manner. Frequency and Target Population — The BMP will be directed toward: 1. Residents — through residential mailings once a year and through continuous postings at City Hall and the Library; 2. Visitors — through continuous postings at City Hall, at the Chamber of Commerce/Visitors' Center, and the Library; -5- Stormwater Management Plan Implementation Program 3. Public service employees — through continuous postings at City Hall and in the Public Works Office; 4. Businesses — through business mailings once a year; 5. Commercial and industrial facilities — through business mailings once a year; and 6. Construction site personnel — through instructions attached to the all construction permits. The instructions will require contractors to prominently display a particular brochure or fact sheet on the project site in plain view for the workers to read. Topics — Brochures and fact sheets will educate residents on how to maintain their homes in an environmentally - friendly manner including proper fertilizer, herbicide, and pesticide use; proper waste disposal; and proper septic system maintenance. Other brochures and fact sheets will address construction, commercial, industrial, institutional pollution issues and other target populations. Evaluation Criteria for Effectiveness — The number and frequency of mailings and publishings shall be recorded in the document file. Implementation Start Date — The city will continue to have brochures and fact sheets available to the public at the existing sites. The brochures and fact sheets will be assessed and updated as needed and the new material will be fully implemented by June 11, 2015. BMP 1.2: Speakers to Address Public Groups Description — Invite environmental professionals, such as TCEQ or EPA representatives or others, to make presentations at public meetings on promoting stormwater quality. Frequency — Speakers will be invited annually. Target Population — The BMP will be directed toward all of the following who attend public meetings: 1. Residents; 2. Visitors; 3. Public service employees; 4. Businesses; 5. Commercial and industrial facilities; and 6. Construction site personnel. Evaluation Criteria for Effectiveness — The number, frequency, and topic of the presentation shall be recorded in the document file. Implementation Start Date — The City will plan and schedule speakers yearly beginning December 11, 2014. The City will have its first speaker address a City Council meeting between December 11, 2014 and December 11, 2015. WON Stormwater Management Plan Implementation Program BMP 1.3: School Educational Program and Public Service Announcement Planning Description — Arrange for stormwater quality educational materials to reach schools and seek opportunities to make presentations on the prevention of stormwater pollution. Further, determine what existing efforts are in place to issue Public Services Announcements. Coordinate with other agencies and utilities to determine the feasibility of joining existing efforts. Consider web page slide shows and videos. Frequency — Visit area schools once a year to deliver materials and work to find presentation opportunities. Work on a plan to issue yearly Public Service Announcements Target Population — The BMP will be directed toward residents and specifically school aged youth. Evaluation Criteria for Effectiveness — The City will plan by investigating potential speakers and materials from through December 11, 2014. The City will make its first outreach effort to the school districts by December 11, 2015 and will continue to make work with them at least once a year. The City will plan and work with other entities to issue a feasible Public Service Announcement. First announcement will be planned before December 11, 2016. BMP 1.4: Drain Marking Description — Arrange for City staff to mark all existing public storm drains with a plaque. Set a yearly inspection schedule to ensure all new public storm drains will be marked and inspected within a year of acceptance. Frequency — Inspect and mark all public drains yearly. Target Population — The BMP will be directed toward anyone in the vicinity of the storm drain, potentially including residents, visitors, public service employees, businesses, commercial and industrial facilities, and construction site personnel. Evaluation Criteria for Effectiveness — Record the location, date, existence of plaque, and activity pertaining to each inlet in the document file. Implementation Start Date — The City will ensure all existing drains are marked by December 13, 2015. The City will continue to mark all new public storm drains and inspect all of its public storm drains yearly. BMP 1.5: Questionnaires Description — The City will issue a questionnaire periodically to invite comments and observations from the public regarding stormwater pollution. The questionnaire will be distributed through the city newsletter and/or utility mailings such as bills and notices. The questionnaire will also be publicized at City Hall in a conspicuous and publicly accessible location. Response to the questionnaire will be evaluated by City personnel and /or consultants to -7- Stormwater Management Plan Implementation Program determine if repairs, construction projects, ordinances, or changes in City practice are appropriate. City staff will make recommendations to council if appropriate. Frequency — The questionnaire will be issued and tabulated every two years in odd - numbered years. Evaluation Criteria for Effectiveness — Copies of the completed questionnaires shall be kept in the document file. Implementation Start Date — The City will plan by considering local conditions, developing questions, and re- formatting the questionnaire from through June 11, 2015. The City will issue and tabulate results from its first batch of questionnaires by December 11, 2015. BMP 1.6: NOI and NOC Public Comment Description — Post this SWMP Implementation Program in a public place at city hall for public review. When comments from the TCEQ's Executive Director are received regarding this SWMP Implementation Program, publish in the city's official notice newspaper and on the City web page a notice that states that the comments have been received and that public review and comment are invited. Provide at least 30 days for public comment. In the event that significant public interest participation. Frequency — This will occur once, when the NOI has been submitted and the initial comments are received from the Executive Director. It will also occur on a recurring basis at least to the extent required by the TCEQ when NOCs are submitted. Evaluation Criteria for Effectiveness — Record copies of the Executive Director's comments, the public newspaper notice, public meeting records, and any written public comments in the document file. Implementation Start Date — Publish the newspaper notice inviting public review and comment within two weeks of receipt of the Executive Director's preliminary determination (comments). Host the public meeting within 90 days of receipt of the Executive Director's preliminary determination (comments). The same time frames will apply to the NOC process if required by the TCEQ. BMP 1.7: Recurring Public Comment Description — Post this SWMP Implementation Program in a public place at City Hall for ongoing public review. Provide regular opportunities for attendees of City Council meetings to address the Council on matters that could include the SWMP and its Implementation Program. The regular "Citizens to Be Heard" item on the agenda (or its equivalent) will satisfy this requirement. Stormwater Management Plan Implementation Program Frequency — This will be a reoccurring opportunity, according to the regular City Council meeting schedule (currently our council meets weekly). Evaluation Criteria for Effectiveness — Record copies of City Council minutes and supplemental documents, if any, in the document file. Implementation Start Date — The City will receive reoccurring comment after the initial comment period is complete. The schedule is not controlled by the city, but is dependent on when the TCEQ review of the NOI is completed. However, it is estimated that the opportunity for public comment will commence June 11, 2014. BMP 1.8: Volunteer Proiects Description — Certain stormwater pollution problems may be suitable for being addressed by volunteers. When a city staff member becomes aware of such a potential project, he or she shall notify the official in charge of stormwater quality. If the official concurs that the project is appropriate for public volunteers, he or she shall notify fitting groups, such as scouts or benevolent organizations, of the opportunity to perform such a service. Such projects may include simple trash and sediment clean -ups. The official in charge of stormwater quality shall notify appropriate volunteer organizations once a year of the possibility of upcoming projects and develop a list of potential anticipants. Care will be taken to match skill and maturity level to project difficulty and hazard levels. Obtain and use release forms from City Attorney. Frequency — The frequency of projects will vary depending on climate variations, flood conditions, and the timing of pollution accidents or events. Evaluation Criteria for Effectiveness — Record the annual contacts in the document file. Record any project event, the participants, and the accomplishments with a form and photos in the document file (if available). Implementation Start Date — The City will plan by investigating potential projects and materials from through December 11, 2014. The City will make its first contacts of potential volunteer groups in the calendar year of 2014 and as appropriate there after. Many actual project dates are dependent on unplanned events and cannot be scheduled. If some events occur regularly, then the volunteer efforts will be planned accordingly. Stormwater Management Plan Implementation Program Minimum Control Measure No. 2: Illicit Discharge Detection and Elimination (IDDE) The City will develop and implement new program initiatives to detect and to eliminate illicit discharges to the MS4. This MCM specifies the techniques to be used to detect illicit discharges, provides actions for eliminating the illicit discharges, and provides the basis for applying the Ordinance. The Ordinance is, to the extent allowable under state and local law, to establish enforcement procedures for removing the source of an illicit discharge. The following non - stormwater flows (from list in Part II.0 of the General Permit) do not need to be considered as illicit discharges requiring elimination unless the Operator of the MS4 or the Executive Director identifies the flow as a significant source of pollutants to the MS4: 1. Water line and fire hydrant flushing (excluding discharges if hyperchlorinated water, unless the water us first dechlorinated and discharges are not expected to adversely affect aquatic life); 2. Runoff or return flow from landscape irrigation, lawn irrigation, and other irrigation utilizing potable water, groundwater, or surface water sources; 3. Discharges from potable water sources that do not violate Texas Surface Water Quality Standards; 4. Diverted stream flows; 5. Rising ground waters and springs; 6. Uncontaminated ground water infiltration; 7. Uncontaminated pumped ground water; 8. Foundation and footing drains; 9. Air conditioning condensation; 10. Water from crawl space pumps; 11. Individual residential vehicle washing; 12. Flows from wetlands and riparian habitats; 13. Dechlorinated swimming pool discharges that do not violate Texas Surface Water Quality Standards; 14. Street wash water excluding street sweeper waste water; 15. Discharges or flows from emergency fire fighting activities (fire fighting activities do not include washing of trucks, runoff water from training activities, test water from fire suppression systems, and similar activities); 16. Other allowable non - stormwater discharges listed in 40 CFR § 122.26(d)(2)(iv)(B)(1); 17. Non - stormwater discharges that are specifically listed in the TPDES Multi Sector General Permit (MSGP) TXR050000 or the TPDES Construction General permit (CGP) TXR150000; 18. Discharges that are authorized by a TPDES or NPDES permit or that are not required to be permitted; and 19. Other similar occasional incidental non - stormwater discharges such as spray park water, unless the TCEQ develops permits or regulations addressing these discharges. -10- Stormwater Management Plan Implementation Program The listed sources are not expected to be significant sources of pollutants because of the nature of their discharges. Consequently, no special controls or conditions are established. Any changes to the SWMP must be included in the annual report as described in Part IV.B.2. of the General Permit and must meet the requirements of Part II.D.3 of the General Permit. The city shall develop inspection forms and document MS4 inspections and the results of the inspections. This documentation shall be retained in the annual reports which are required in Part IV.B.2 of the General Permit. Discussions of the Best Management Practice (BMPs) to be utilized in public involvement and participation follow: BMP 2.1: Storm Sewer Map Description — The City has a map of the storm system. The map, with its source cited, is found in this section (Tab 2) following the list of BMPs. An up -to -date map will be completed by the end of calendar year 2014 and include the location of all outfalls, the names and locations of all waters of the U.S. that receive discharge from the outfalls, zones pertaining to inspection schedules, and additional information required to implement the SWMP. The source of information used to develop the final storm sewer map will be cited on the map. A description of how the outfalls were verified will be developed with photos, where possible. Photos of some outfalls and other significant storm conveyance features are keyed to the preliminary map (Tab 2) and are found following the map within the same section (Tab 2). The Storm Sewer Map will be updated periodically based on inspection records and construction drawings for recently completed projects that affect the drainage system. This documentation shall be retained in the annual reports which are required in Part IV.13.2 of the General Permit. Frequency — The Storm Sewer Map will be revised every two years in the even - numbers years. Evaluation Criteria for Effectiveness — At least one copy of the completed/revised Storm Sewer Map, marked with the latest revision date, shall be recorded in the document file. Implementation Start Date — The City will plan by revising the Storm Sewer Map, the new edition of the Storm Sewer Map will be complete by December 11, 2014. The map will be updated every two years thereafter. BMP 2.2: Illicit Discharge Detection Plan Description — The City will provide a schedule for staff to inspect all public storms drains yearly to detect illicit discharges and will include forms to be used to document the results of the inspection. The plan will identify city staff that will perform the inspections and provide training -11- Stormwater Management Plan Implementation Program for the task. Inspection techniques may include: visual conservation, conventional photography, in -pipe photography, sampling and analysis of water quality and water characteristics, dye testing, and smoke testing. The plan will also provide actions for eliminating the illicit discharges and provide the basis for establishing an ordinance. The city will use the Storm Sewer Map to develop an inspection plan. The map will be used to divide the City onto inspection zones. The City will determine a regular time each year for each zone to be inspected for illicit discharges. The City will contact and provide support for the entities responsible for on -site sewage disposal systems and implement an implement a monitoring schedule for the systems. Frequency — Each zone identified on the completed Storm Sewer Map will be assigned an inspection season, which is a portion of the calendar year during which the zone's stormwater conveyance system will be inspected. The inspections will occur annually during dry weather, when illicit discharges are easier to identify. Allowance shall be made for the fact that weather does not always permit inspections to occur at the scheduled times. Evaluation Criteria for Effectiveness — The City shall file completed inspection forms documenting MS4 inspections and the results of the inspections in the document file with photos and other supporting documents as appropriate. Implementation Start Date — The City currently inspects the storm drains annually. The City will plan for implementation of a more detailed monitoring program and training during the calendar year 2014. The first inspections of all inspection zones, based on the updated edition of the Storm Sewer Map, will be completed by December 11, 2015 and will continue annually thereafter. The City will plan and organize the inspection of on -site sewage disposal system with the responsible entities through December 11, 2016. An inspection and compliance schedule will be in place by December 11, 2017. BMP 2.3: Illicit Discharge Ordinance Description — The City shall review, revise and pass any changes to the ordinance which, to the extent allowable under state and local law, will further identify illicit discharges, prohibit illicit discharges, and establish enforcement procedures for removing the sources of illicit discharges. Evaluation Criteria for Effectiveness — The City shall file a copy of the adopted ordinance in the City's Unified Development Code and in the document file. Implementation Start Date — The City will revise the Ordinance as needed prior to June 11, 2017. The existing ordinance (see Tab 10), which will prohibit and eliminate illicit discharges, has been adopted by city council prior to the submittal of the NOI and this document (the SWMP). BMP 2.4: Illicit Discharge and Dumping Hotline Description — The City shall establish a phone number for reporting illicit discharges and publish the phone number in places that are readily accessible to the public. At the special -12- Stormwater Management Plan Implementation Program number, the phone will be answered by trained city staff who will be equipped with forms for recording incoming phone calls and trained in how to refer the information for action. A recording system will accept phone calls after hours. Evaluation Criteria for Effectiveness - Completed forms, showing the nature of incoming phones calls and the resulting actions will be filed in the document file. Implementation Start Date — The City has a Customer Relations /311 Department that is trained to forward Illicit Discharge and Dumping concerns to the proper personnel. 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The plan will not pertain to sites where the construction site operator has obtained a waiver from permit requirements under NPDES or TPDES construction permitting requirements based on a low potential for erosion. The program will include any revisions of the ordinance requiring erosion and sediment controls with sanctions to ensure compliance to the extent allowable under state and local law; requirements for construction site contractors to control erosion and sediment; requirements for controlling construction waste; procedures for the City's review of site plans; procedures for receiving information and complaints; and procedures for the City to inspect construction sites and to enforce controls. The City shall document the activities conducted and material used to fulfill this MCM. This documentation shall be retained in the annual reports which are required in Part IV.B.2. of the General Permit. Discussion of the Best Management Practices (BMPs) to be utilized in public involvement and participation follow: BMP 3.1: Technical Manual for Construction Runoff Description — The City will develop a manual to explain appropriate erosion and sedimentation controls for construction site. The manual will provide alternative solutions and give guidance as to when those alternatives are appropriate. The manual will also establish minimum control thresholds and proper maintenance criteria. The manual will be developed with the intent of establishing consistency with other small cities in the region and providing a streamlined approach that will be user - friendly for designers and contractors. Frequency — The technical manual will be posted on the City's web site. Some hard copies will also be available at City offices with building permits. Evaluation Criteria for Effectiveness — The technical manual will be made available on the City's website and in hard copy upon request. The manual distribution will be incorporated into the building permit process. A copy of the completed technical manual will be recorded in the document file. Implementation Start Date — The City currently has this BMP met with our Unified Development Code and the Public Works Specifications Manual. The city will plan and update the manual according to this SWMP, state law, and local practices as needed. Developers and contractors will be made aware of the effective date of any revisions in conformance with City -33- Stormwater Management Plan Implementation Program policy. The manual will be fully updated according to this SWMP no later than December 11, 2016. BMP 3.2: Site Plan Review Program Description — Update the program that will require city staff to review site plans and stormwater pollution prevention plans for eligible projects. The review process will be attached to all construction permit processes and will ensure that proper measures are incorporated into the construction procedures that will control erosion, sedimentation, and other sources of stormwater pollution. The plan will identify city staff to perform the reviews. Frequency —All eligible projects will be reviewed. Evaluation Criteria for Effectiveness — Review all eligible projects. Execute review forms and keep a record of results available according to record retention law and city policies. Implementation Start Date — The city will update the record keeping process for the program during the period June 11, 2014 through June 11, 2016. City staff will be required to follow the new record - keeping process of the program beginning June 11, 2016. The program will be reviewed for updates at least annually. BMP 3.3: Construction Site Inspection Program Description — The City will develop the record - keeping procedures for inspection of construction sites for erosion sedimentation, and other sources of stormwater pollution. The program will identify which city staff will perform inspections. It will provide a protocol for inspectors and develop inspection forms to be retained according to record retention laws and city policy. Evaluation Criteria for Effectiveness — Inspect all eligible projects. Resolve all instances of non - compliance. Record copies of completed inspection forms and related documents, will be retained according to record retention laws and city policy. Implementation Start Date — The city will plan and update the program during the period June 11, 2014 through June 11, 2016. City staff will be required to follow the program beginning June 11, 2016. The program will be reviewed for updates at least annually. BMP 3.4: Construction Stormwater Management Ordinance Description — The City will revise the ordinance to support the new program initiatives which, to the extent allowable under State and local law, will establish eligibility for construction sites to be inspected and enforced by the city; establish requirements for contractors to reduce pollutants in construction stormwater runoff; specify sanctions to ensure compliance; establish requirements to control construction waster; and require city review of site plans. -34- Stormwater Management Plan Implementation Program Evaluation Criteria for Effectiveness — Record copies of adopted ordinance and supplemental documents, if any, in the document file. Implementation Start Date — The City will revise the ordinance as needed and update the record keeping process during the period June 11, 2014 through June 11, 2016. The ordinance will be in compliance with the requirements of this SWMP effective as of June 11, 2016. BMP 3.5: Construction Runoff Hotline Description — The City shall establish a phone number for reporting construction site runoff complaints and publish the phone number in places that are readily accessible to the public. At the special number, the phone will be answered by trained city staff equipped with forms for recording incoming phone calls and trained in how to refer the information for action. A recording system will accept phone calls after hours. Evaluation Criteria for Effectiveness — Completed forms, showing the nature of incoming phones calls and the resulting actions will be filed in the document file. Implementation Start Date — The City has a Customer Relations /Central Dispatch department that is trained to forward Construction Site Runoff concerns to the proper personnel. All new employees will be trained beginning June 11, 2015 and provided the list of personnel trained to handle the phone calls. -35- Stormwater Management Plan Implementation Program Minimum Control Measure No. 4: Post - Construction Stormwater Management in New Development and Redevelopment The City will, to the extent allowable under state and local law, develop, implement, and enforce a program to address stormwater runoff from eligible new development and redevelopment projects. The program will apply to projects that disturb one acre of land or more and smaller projects that are part of a larger common plan of development or sale that will result in a total disturbance of one or more acres. The program will ensure that controls are implemented to prevent or to minimize water quality impacts. The program will include developing and implementing strategies which include a combination of structural and/or non - structural BMPs appropriate for the community. The City will adopt an ordinance to address post - construction runoff and will ensure adequate long -term operation and maintenance of the implemented BMPs. The City shall document the activities performed and materials used to fulfill this MCM. This documentation shall be retained in the annual reports which are required in Part IV.B.2 of the General Permit. Discussions of the Best Management Practice (BMPs) to be utilized in public involvement and participation follow: BMP 4.1: Technical Manual for Post - Construction Runoff Description — The City will develop a manual to explain appropriate erosion, sedimentation, and other pollutant controls for developed sites. The manual will provide alternative solutions and give guidance as to when those alternatives are appropriate. The manual will also establish minimum control thresholds and proper maintenance criteria. The manual will be developed with the intent of establishing consistency with other small cities in the region and providing a streamlined approach that will be user - friendly for developers. Frequency — The technical manual will be scanned and made available on the City's web site. Some hard copies will also be available at city offices with building permits. Evaluation Criteria for Effectiveness — The City Council will officially adopt the technical manual. The manual distribution will be incorporated into the building permit process. A copy of the completed technical manual will be recorded in the document file. Implementation Start Date — The City currently has this BMP met with our Unified Development Code and the Public Works Specifications Manual. The city will plan and update the manual according to this SWMP, state law, and local practices as needed. Developers and contractors will be made aware of the effective date of any revisions in conformance with City policy. The manual will be fully updated according to this SWMP no later than December 11, 2016. -36- Stormwater Management Plan Implementation Program BMP 4.2: Site Review Program for Post - Construction Runoff Description — Develop a program that will require city staff to review site plans and stormwater pollution prevention plans for eligible projects. The review process will be attached to the building permit process and will ensure that proper measures are incorporated into the construction procedures that will control erosion, sedimentation, and other sources of stormwater pollution. The plan will identify city staff to perform the review. Frequency — All eligible projects will be reviewed. Evaluation Criteria for Effectiveness — Review all eligible projects. Execute review forms and record results with photos and other pertinent materials in the document file. Implementation Start Date — The City will update the record keeping process for the program during the period June 11, 2014 through June 11, 2016. City staff will be required to follow the new record - keeping process of the program beginning June 11, 2016. The program will be reviewed for updates at least annually. BMP 4.3: Long -Term Inspection and Maintenance Plan for Post - Construction Runoff. Description — The City will develop the record - keeping procedures for inspection of post - construction stormwater management controls on a long -term basis. The program will identify which city staff will perform inspections. It will provide a protocol for inspectors and develop inspection forms to be retained according to record retention laws and city policy. Evaluation Criteria for Effectiveness — Inspect all eligible projects. Resolve all instances of non - compliance. Record copies of completed inspection forms and related documents, will be retained according to record retention laws and city policy. Implementation Start Date — The City will plan and update the program during the period June 11, 2014 through June 11, 2016. City staff will be required to follow the program beginning June 11, 2016. The program will be reviewed for updates at least annually. BMP 4.4: Post - Construction Stormwater Management Ordinance Description — The City will revise the ordinance to support the new program initiatives which, to the extent allowable under State and local law, will establish requirements for stormwater quality controls for post - construction conditions; specify sanctions to ensure compliance; establish long -term inspection and maintenance requirements; and require city review of proposed long -term stormwater pollution prevention plans. Evaluation Criteria for Effectiveness — Record copies of adopted ordinance and supplemental documents, if any, in the document file. -37- Stormwater Management Plan Implementation Program Implementation Start Date — The City will revise the ordinance as needed and update the record keeping process during the period June 11, 2014 through June 11, 2016. The ordinance will be in compliance with the requirements of this SWMP effective as of June 11, 2016. WE Stormwater Management Plan Implementation Program Minimum Control Measure No. 5: Pollution Prevention and Good Housekeeping for Municipal Operations The city will develop and implement an operation and maintenance program with the goal of preventing or reducing pollutant runoff from facilities it owns and operates. Examples of Municipal operations could include, but are not limited to: 1. Composting facilities; 2. Equipment storage and maintenance facilities; 3. Fuel storage facilties; 4. Hazardous waste disposal facilties; 5. Hazardous waste handling and transfer facilities; 6. Incinerators; 7. Landfills; 8. Materials storage yards; 9. Pesticide storage facilities; 10. Buildings, including schools, libraries, police stations, fire stations, and office buildings; 11. Parking lots; 12. Golf courses; 13. Swimming pools; 14. Public Works yards; 15. Recycling facilities; 16. Salt storage facilities; 17. Solid waste handling and transfer facilities; 18. Street repair and maintenance sites; 19. Vehicle storage and maintenance yards; and 20. Structural stormwater controls. The program will provide employee training and a list of applicable BMPs. The training program will apply to all employees who are responsible for municipal operations that are subject to the pollution prevention/good housekeeping program. The training program will include training materials directed at preventing and reducing stormwater pollution from municipal operations. The City will develop a maintenance plan for structural BMPs that will establish the frequency and manner of approach and preserve the effectiveness of the BMPs. The plan will also address the disposal of waste, including dredge spoil; accumulated sediments, and floatables. The program will include a list of municipal operations that are subject to the operation, maintenance, or training program developed under the conditions o this section; and municipally owned or operated industrial activities that are subject to TPDES industrial stormwater regulations. The City shall document the activities performed and materials used to fulfill this MCM. This documentation shall be retained in the annual reports which are required in Part IV.B.2. of the General Permit. -39- Stormwater Management Plan Implementation Program Discussions of the Best Management Practices (BMPs) to be utilized in public involvement and participation follow: BMP 5.1 Municipal Employee Pollution Prevention Manuals Description — The City will develop written manuals for city employee reference related to proper handling of processes which may impact stormwater quality. The manuals will specify what methods will be used to reduce the potential for polluting, and what methods should be used to clean up spills and other types of pollution. These manuals will provide a basis for training as listed in BMP 5.2. Frequency — See BMP 5.2 for training frequency. Update manual every three years. Evaluation Criteria for Effectiveness — Copies of the completed manual shall be recorded in the document file. The manuals will also be located in areas that are accessible to the employees who are to use them. The manual locations will also be recorded in the document file. Implementation Start Date — The city will plan and develop the manuals from June 11, 2014 through December 11, 2017. Municipal employees will be required to conform to the manual beginning December 11, 2017. The manual will be reviewed for updates at least every three years. BMP 5.2: Municipal Employee Training Description — The City will update the program to train City employees who handle processes which may impact stormwater quality. The program will identify what process have the potential to impact stormwater, identify what employees should receive training, specify what methods will be used to train them, and what forms and methods will be used to certify that the training has been accomplished. Frequency — The City will provide training on an annual basis and when employees are introduced to pertinent processes. Evaluation Criteria for Effectiveness — Copies of the completed program shall be recorded in the document file. The training completion documentation shall also be recorded in the document file. Implementation Start Date — The City will update and develop the new training program from June 11, 2014 through December 11, 2017. Municipal employees will be required to learn the manual beginning December 11, 2017. The training program will be reviewed for updates at least every three years. BMP 5.3: Sediment Trap Planning Description — Inspect and study the stormwater system to see if it is discharging an excess sediment load that could be contributing stormwater pollutions. Review the system to see if .I Stormwater Management Plan Implementation Program there are any locations that would be suitable for feasible sediment traps. If appropriate, develops a plan to design and to maintain sediment traps. Frequency — Review the entire stormwater drain system. Evaluation Criteria for Effectiveness — Issue a brief report and record with photos and other pertinent materials in the document file. Implementation Start Date — The City will continue to study sediment conditions and include in its yearly annual report any activity related to this BMP. BMP 5.4: Trash Tray Planning Description — Inspect and study the storm sewer system to see if it is discharging an excess trash load that could be contributing stormwater pollutants. Review the system to see if there are any locations that would be suitable for feasible trash traps. If appropriate, develop a plan to design and to maintain trash traps. Evaluation Criteria for Effectiveness — Issue a brief report and record with photos and other pertinent materials in the document file. Implementation Start Date — The City will continue to monitor priority areas, identify new ones and include in its yearly annual report any activity related to this BMP. BMP 5.5: Street Sweeping: Description — This City will operate power street sweeping equipment regularly to remove dust, sediment, and debris from street surfaces. Document efforts with forms. This effort is intended to reduce the amount of pollutants washed from street surfaces into receiving streams. Frequency — Sweep each public street in the City at least once a month (currently our sweepers run a weekly schedule). Evaluation Criteria for Effectiveness — Complete street sweeping forms regularly and record in the document file. Implementation Start Date — The City already engages in regular street sweeping. The City will continue to study its effectiveness and include in its yearly annual report any activity related to this BMP. -41- Stormwater Management Plan Implementation Program Minimum Control Measure No. 6: Industrial Stormwater Sources This MCM would identify and control pollutants in stormwater discharges to the small MS4 from the landfills; other treatment, storage, or disposal facilities for municipal waste (for example transfers stations and incinerators); hazardous waste treatment, storage, disposal, and recovery facilities and facilities that are subject to Emergency Planning and Community Right - to -Know Act (ECPRA) Title III, Section 313; and any other industrial or commercial discharge the permittee determines are contributing a substantial pollutant load to the small MS4. However, this MCM is not required for a Level 2 small MS4 and the city has elected not to use this MCM. The City does have in place ordinances that allow for the enforcement of monitoring on all sites discharging to the small MS4 and ability to reasonably inspect these same sites. If the City elects to implement this MCM in the future a NOC would have to be submitted notifying the executive director of the change. Since the city elects no to implement this MCM, no documentation will be retained unless required under MCM No. 2: Illicit Discharge Detection and Elimination (IDDE). -42- Stormwater Management Plan Implementation Program Definitions and Acronyms The following explanations of stormwater management terminology are from the TCEQ's TPDES General Permit No. TXR040000. A. Definitions Arid Areas — Areas with an average rainfall of less than ten (10) inches. Best Management Practice (BMPs) — Schedules of activities, prohibitions of practices, maintenance procedures, structural controls, local ordinances, and other management practices to prevent or reduce the discharge of pollutants. BMPs also include treatment requirements, operating procedures, and practices to control runoff, spills or leaks, waste disposal, or drainage from raw material storage areas. Catch Basins — Storm drain inlets and curb inlets to the storm drain system. Catch Basins typically include a grate or curb inlet that may accumulate sediment, debris, and other pollutants. Classified Segment — refers to a water body this is listed and described in Appendix A or Appendix C of the Texas Surface Water Quality Standards, at 30 Texas Administrative Code JAC) § 307.10. Clean Water Act (CWA) — The Federal Water Pollution Control Act or Federal Water Pollution Control Act Amendments of 1972, Pub. L. 92 -500, as amended Pub. L. 95 -217, Pub. L. 95 -576, Pub. L. 96 -483 and Pub. L. 97 -117, 33 U.S.C. 1251 et.seq. Common Plan of Development or Sale — A construction activity that is completed in separate stages, separate phase, or in combination with other construction activities. A common plan of development or sale is identified by the documentation for the construction project that identifies the scope of the project, and may include plats, blueprints, marketing plans, contracts, building permits, a public notice or hearing, zoning request, or other similar documentation and activities. Construction Activity — Soil disturbance, including clearing, grading, and excavating; and not including routine maintenance that is performed to maintain the original line and grade, hydraulic capacity, or original purpose of the site (e.g., the routine grading of existing dirt roads, asphalt overlays of existing roads, the routine clearing of existing right -of -ways, and similar maintenance activities). Regulated construction activity is defined in terms of small and large construction activity. Small Construction Activity is construction activity that results in land disturbance of equal to or greater than one (1) acre and less than five (5) acres of land. Small construction activity can also include the disturbance of less than one (1) acre of total land area that is part of a larger common plan of development or sale if the larger -43- Stormwater Management Plan Implementation Program common plan will ultimately disturb equal to or greater than one (1) acre and less than five (5) acres of land. Large Construction Activity is construction activity that results in land disturbance of equal to or greater than five (5) acres of land. Large construction activity can also include the disturbance of less than five (5) acres of total land area that is part of a larger common plan of development or sale if the larger common plan will ultimately disturb equal to or greater than five (5) acres of land. Construction Site Operator — The entity or entities associated with a small or large construction project that meet(s) either of the following two criteria: (a) The entity or entities that have operational control over construction plans and specifications (including approval or revisions) to the extent necessary to meet the requirements and conditions of this general permit; or (b) The entity or entities that have day -to -day operational control of those activities at a construction site that are necessary to ensure compliance with a stormwater pollution prevention plan (SWP3) for the site or other permit conditions (for example they are authorized to direct workers at a site to carry out activities required by the SWP3 or comply with other permit conditions). Control Measure — Any BMP or other method used to prevent or reduce the discharge of pollutants to water in the state. Conveyance — Curbs, gutters, man -made channels and ditches, drains, pipes, and other constructed features designed or used for flood control or to otherwise transport stormwater runoff. Discharge — When used without a qualifier, refers to the discharge of stormwater runoff or certain non - stormwater discharge as allowed under the authorization of this general permit. Edwards Aquifer — As defined in 30 TAC §213.3 (relating to the Edwards Aquifer), that portion of an arcuate belt of porous, water - bearing, predominantly carbonate rocks known as the Edwards and Associated Limestones in the Balcones Fault Zone trending from west to east to the northeast in Kinney, Uvalde, Medina, Bexar, Comal, Hays, Travis, and Williamson Counties; and composed of the Salmon Peak Limestone, McKnight Formation, West Nueces Formation, Devil's River Limestone, Person Formation, Kainer Formation, Edwards Formation, and Georgetown Formation. The permeable aquifer units generally overlie the less - permeable Glen Rose Formation to the south, overlie the less - permeable Comanche Peak and Walnut Formations north of the Colorado River, and underlie the less - permeable Del Rio Clay regionally. Edwards Aquifer Recharge Zone — Generally, that area where the stratigraphic units constitution the Edwards Aquifer crop out, including the outcrops of other geologic formations in proximity to the Edwards Aquifer, where caves, sinkholes, faults, fractures, or other permeable features would create a potential for recharge of surface waters into the Edwards Aquifer. The .. Stormwater Management Plan Implementation Program recharge zone is identified as that area designated as such on official maps located in the offices of TCEQ or the TCEQ website. Final Stabilization — A construction site where any of the following conditions are met: (a) All soil disturbing activities at the site have been completed and a uniform (for example, evenly distributed, without large bare areas) perennial vegetative cover with a density of 70 percent of the native background vegetative cover for the area had been established on all unpaved areas and areas not covered by permanent structures, or equivalent permanent stabilization measures (such as the use of riprap, gabions, or geotextiles) have been employed. (b) For individual lots in a residential construction site by either: (1) The homebuilder completing final stabilization as specified in condition (a) above; or (2) The homebuilder establishing temporary stabilization for an individual lot prior to the time of transfer of the ownership of the home to the buyer and after informing the homeowner of the need for, and benefits of, final stabilization. (c) For construction activities on land used for agricultural purposes (e.g. pipeline across crop or range land), final stabilization may be accomplished by returning the disturbed land to its preconstruction agricultural use. Areas disturbed that ere not previously used for agricultural activities, such as buffer strips immediately adjacent to a surface water and areas which are not being returned to their preconstruction agricultural use must meet the final stabilization conditions of condition (a) above. (d) In arid, semi -arid, and drought- stricken areas only, all soil disturbing activities at the site have been completed and both of the following criteria have been met: (1) Temporary erosion control measures (e.g., degradable rolled erosion control product) are selected, designed, and installed along with an appropriate seed base to provide erosion control for at least three years without active maintenance by the operator, and (2) The temporary erosion control measures are selected, designed, and installed to achieve 70 percent vegetative coverage within three years. General Permit — A permit issued to authorize the discharge of waste into or adjacent to water in the state for one or more categories of waste discharge within the geographical area of the state or the entire state as provided by Texas Water Code (TWC) §26.040. -45- Stormwater Management Plan Implementation Program Groundwater Infiltration — For the purpose of this permit, groundwater that enters a municipal separate storm sewer system (including sewer service connections and foundation drains) through such means as defective pipes, pipe joints, connections, or manholes. High Priority Facilities — High priority facilities are facilities with a high potential to generate stormwater pollutants. These facilities must include, at a minimum, the MS4 operator's maintenance yards, hazardous waste facilities, fuel storage locations, and other facilities where chemicals or other materials have a high potential to be discharged in stormwater. Among the factors that must be considered when giving a facility a high priority ranking are: the amount of urban pollutants stored at the site, the identification of improperly stored materials, activities that must not be performed outside (for example, changing automotive fluids, vehicle washing), proximity to water bodies, proximity to sensitive aquifer recharge features, poor housekeeping practices, and discharge of pollutant(s) of concern to impaired water(s). Hyperchlorinated Water — Water resulting from hyperchlorination of waterlines or vessels, with a chlorine concentration greater than 10 milligrams per liter (mg /L). Illicit Connection — Any man -made conveyance connecting an illicit discharge directly to a municipal separate storm sewer. Illicit Discharge - Any discharge to a municipal separate storm sewer that is not entirely composed of stormwater, except discharges pursuant to this general permit or a separate authorization and discharges resulting from emergency fire - fighting activities. Impaired Water — A surface water body that is identified on the latest approved CWA §303(d) list as not meeting applicable state water quality standards. Impaired waters include waters with approved or established total maximum daily loads (TMDLs), and those where a TMDL has been proposed by TCEQ but has not yet been approved or established. Indian Country — Defined in 18 USC Section § 1151 as: (a) All land within the limits of any Indian reservation under the jurisdiction of the United State (U.S.) Government, notwithstanding the issuance of any patent, and including rights -of -way running through the reservation; (b) All dependent Indian communities within the borders of the U.S. whether within the original or subsequently acquired territory thereof, and whether within or without the limits of a state; and (c) All Indian allotments, the Indian titles to which have not been extinguished, including rights - of -way running through the same. This definition includes all land held in trust for an Indian Tribe. Indicator Pollutant — An easily measured pollutant, that may or may not impact water quality that indicates the presence of other stormwater pollutants. Industrial Activity — Any of the ten (10) categories of industrial activities included in the definition of "stormwater discharges associated with industrial activity" as defined in 40 Code of Federal Regulations (CFR) §122.26(b)(14)(i) -(ix) and (xi). 0 Stormwater Management Plan Implementation Program Maximum Extent Practicable (MEP) — The technology -based discharge standard for municipal separate storm sewer systems to reduce pollutants in stormwater discharges that was established by CWA §402(p). A discussion of MEP at it applies to small MS4s is found at 40 CFR § 122.34. MS4 Operator — For the purpose of this permit, the public entity or the entity contracted by the public entity, responsible for management and operation of the small municipal separate storm sewer system that is subject to the terms of this general permit. Municipal Separate Storm Sewer System (MS4) - A conveyance or system of conveyances (including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, man -made channels, or storm drains): (a) Owned or operated by the U.S,, a state, city, town, borough, county, parish, district, association, or other public body (created by or pursuant to state law) having jurisdiction over the disposal of sewage, industrial wastes, stormwater, or other wastes, including special districts under state law such as a sewer district, flood control district, or similar entity, or an Indian tribe or an authorized Indian tribal organization, or a designated and approved management agency under the CWA §208 that discharges to surface water in the state; (b) That is designed or used for collecting or conveying stormwater; (c) That is not a combined sewer; and (d) That is not part of a publicly owned treatment works (POTW) as defined in 40 CFR § 122.2. Non - traditional Small MS4 — A small MS4 that often cannot pass ordinances and may not have the enforcement authority like a traditional small MS4 would have to enforce the stormwater management program. Examples of non - traditional small MS4s include counties, transportation authorities (including the Texas Department of Transportation), municipal utility districts, drainage districts, military bases, prisons and universities. Notice of Change (NOC) — Written notification from the permittee to the executive director providing changes to information that was previously provided to the agency in a notice of intent. Notice of Intent (NOI) — A written submission to the executive director from an applicant requesting coverage under this general permit. Notice of Termination (NOT) — A written submission to the executive director from a permittee authorized under a general permit requesting termination of coverage under this general permit. Outfall — A point source at the point where a small MS4 discharges to waters of the U.S. and does not include open conveyances connecting two municipal separate storm sewers, or pipes, tunnels, or other conveyances that connect segments of the same stream or other waters of the -47- Stormwater Management Plan Implementation Program U.S. and are used to convey waters of the U.S. For the purpose of this permit, sheet flow leaving a linear transportation system without channelization is not considered an outfall. Point sources such as curb cuts, traffic or right -of -way barriers with drain slots that drain into open culverts, open swales or and adjacent property, or otherwise not actually discharging into waters of the U.S. are not considered an outfall. Permittee — The MS4 operator authorized under this general permit. Permitting Authority — For the purpose of this general permit, the TCEQ. Point Source — (from 40 CFR §122.22) any discernible, confined, and discrete conveyance, including but not limited to, any pipe, ditch, channel, tunnel, conduit, well, discrete fissure, container, rolling stock, concentrated animal feeding operation, landfill leachate collection system, vessel or other floating craft from which pollutants are or may be discharge. This term does not include return flows from irrigated agriculture or agricultural stormwater runoff. Pollutant(s) of Concern — For the purposes of this permit, includes biochemical oxygen demand (BOD), sediment or a parameter that addresses sediment (such as total suspended solids (TSS), turbidity or siltation), pathogens, oil and grease, and any pollutant that has been identified as a cause of impairment of any water body that will receive a discharge from as MS4. (Definition from 40 CFR § 122.32(e)(3)). Redevelopment — Alterations of a property that changed the "footprint" of a site or building in such a way that there is a disturbance or equal to or greater than one (1) acre of land. This term does not include such activities as exterior remodeling, routine maintenance activities, and linear utility installation. Small Municipal Separate Storm Sewer System (MS4) — A conveyance or system of conveyances (including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, man -made channels, or storm drains): (a) Owned or operated by the U.S., a state, city, town, borough, county, district, association, or other public body (created by or pursuant to State Law) having jurisdiction over disposal of sewage, industrial wastes, stormwater, or other wastes, including special districts under State law such as a sewer district, flood control district or drainage district, or similar entity, or an Indian tribe or an authorized Indian tribal organization, or a designated and approved management agency under CWA §208; (b) Designed or used for collecting or conveying stormwater; (c) Which is not a combined sewer; (d) Which is not part of a publicly owned treatment works (POTW) as defined at 40 CFR § 122.2; and 9ff M. Stormwater Management Plan Implementation Program (e) Which was not previously regulated under a National Pollutant Discharge Elimination System (NPDES) or a Texas Pollutant Discharge Elimination System (TPDES) individual permit as a medium or large municipal separate storm system, as defined in 40 CFR § § 122.26(b)(4) and (b)(7). This term includes systems similar to separate storm sewer systems at military bases, large hospital or prison complexes, and highways and other thoroughfares. This term does not include separate storm sewers in very discrete areas, such as individual buildings. For the purpose of this permit, a very discrete system also includes storm drains associated with certain municipal offices and education facilities serving a nonresidential population, where those storm drains do not function as a system, and where the buildings are not physically interconnected to a small MS4 that is also operated by that public entity. Stormwater and Stormwater Runoff — Rainfall runoff, snow melt runoff, and surface runoff and drainage. Stormwater Associated with Construction Activity — Stormwater runoff from an area where there is either a large construction or a small construction activity. Stormwater Management Program (SWMP) — A comprehensive program to manage the quality of discharges from the municipal separate storm sewer system. Structural Control (or Practice) — A pollution prevention practice that requires the construction of a device, or the use of a device, to capture or prevent pollution in stormwater runoff. Structural controls and practices may include but are not limited to: wet ponds, bioretention, infiltration basins, stormwater wetlands, silt fences, earthen dikes, drainage swales, vegetative lined ditches, vegetative filter strips, sediment traps, check dams, subsurface drains, storm drain inlet protection, rock outlet protection, reinforced soil retaining systems, gabions, and temporary or permanent sediment basins. Surface Water in the State — Lakes, bays, ponds, impounding reservoirs, springs, rivers, streams, creeks, estuaries, wetlands, marshes, inlets, canals, the Gulf of Mexico inside the territorial limits of the state (from the mean high water mark (MHWM) out 10.36 miles into the Gulf), and all other bodies of surface water, natural or artificial, inland or coastal, fresh or salt, navigable or nonnavigable, and including the beds and banks of all water - courses and bodies of surface water, that are wholly or partially inside or bordering the state or subject to the jurisdiction of the state; except that waters in treatment systems which are authorized by state or federal law, regulation, or permit, and which are created for the purpose of waste treatment are not considered to be water in the state. Total Maximum Daily Load (TMDL) — The total amount of a substance that a water body can assimilate and still meet the Texas Surface Water Quality Standards. Urbanized Area (UA) — An area of high population density that may include multiple small MS4s as defined and used by the U.S. Census Bureau in the 2000 and the 2010 decennial census. .• Stormwater Management Plan Implementation Program Waters of the United States — (According to 40 CFR § 122.2) Waters of the United States or waters of the U.S. means: (a) All waters which are currently used, were used in the past, or may be susceptible to use in interstate or foreign commerce, including all water which are subject to the ebb and flow of the tide; (b) all interstate waters, including interstate wetlands; (c) all other waters such as interstate lakes, rivers, streams (including intermittent stream), mudflats, sandflats, wetlands, sloughs, prairie potholes, wet meadows, playa lakes, or natural ponds that the use, degradation, or destruction of which would affect or could affect interstate or foreign commerce including any such waters: (1) Which are or could be used by interstate or foreign travelers for recreational or other purposes. (2) From which fish or shellfish are or could be taken and sold in interstate or foreign commerce; or (3) Which are used or could be used for industrial purposes by industries in interstate commerce; (d) All impoundments of water otherwise defined as waters of the United States under this definition; (e) Tributaries of waters identified in paragraphs (a) through (d) of this definition; (f) The territorial sea; and (g) Wetlands adjacent to waters (other than waters that are themselves wetlands) identified in paragraphs (a) through (f) of this definition. Waste treatment systems, including treatment ponds or lagoons designed to meet the requirements of CWA (other than cooling ponds as defined in 40 CFR §423.11(m) which also meet the criteria of this definition) are not waters of the United States. This exclusion applies only to manmade bodies of water which neither were originally created in waters of the U.S. (such as disposal area in wetlands) nor resulted from the impoundment of waters of the U.S. Waters of the U.S. do not include prior converted cropland. Notwithstanding the determination of an area's status as prior converted cropland by any other federal agency, for the purposes of the CWA, the final authority regarding CWA jurisdiction remains with EPA. -50- -51- Stormwater Management Plan Implementation Program B. Commonly Used Acronyms BMP Best Management Practice CFR Code of Federal Regulations CGP Construction General Permit, TXR150000 CWS Clean Water Act DMR Discharge Monitoring Report EPA Environmental Protection Agency FR Federal Register IP Implementation Procedures MCM Minimum Control Measure MSGP Multi- Sector General Permit, TXR050000 MS4 Municipal Separate Storm Sewer System NOC Notice of Change NOD Notice of Deficiency NOI Notice of Intent NOT Notice of Termination (to terminate coverage under a general permit) NPDES National Pollutant Discharge Elimination System SWMP Stormwater Management Program SW3P, Stormwater Pollution Prevention Plan SWPPP TAC Texas Administrative Code TCEQ Texas Commission on Environmental Quality TPDES Texas Pollutant Discharge Elimination System TWC Texas Water Code -51- Stormwater Management Plan Implementation Program Comprehensive Schedule -52- JA CL os w A A LUO J Li 75 iM 61-4inr- II 8 1 'URN I L -L3nf--I 9 1 -NOCY I pry A -GUN 1 2 , —7 , C F. to g E M E Ez 13 'E tc P 11 , ✓ E'- — bi .73 la 9 i 1A C LL ,D 71 0 P4 zs i q Of -z' LW 1 V� M Ln V-j 0 0 7r, :z; �5 4-1-1 -71 r�j rn �n -D -F" Fr,-. . --T 'VI 'I "' I I — — r, [M rn W1 V1 wt -52- JA CL os w A A LUO J Li 75 iM Stormwater Management Plan Implementation Program Receiving Waters of Impaired Quality on the Clean Water Act § 303(d) List SegID: 1811A Dry Comal Creek (unclassified water body) From the confluence of the Comal River in New Braunfels in Comal County to the upstream peremial portion of the stream southwest of New Braunfels in Comal Comity Parameter(s) bacteria 1811A 01 Lower 25 tulles of water body Ca e,9011 Year Segment FrrstListed Sc 2014 SegID: 1902 Lower Cibolo Creek From the corifluence with the San Antonio River in Karnes County to a point 100 meters (110 yards) downstream of IH 10 in BexarfGuadalupe County Parameter(s) bacteria 1902_01 1902_02 1902_03 Catezort Year Segment First Listed 5b 2004 Lower 5 miles of segment From 5 miles upstream of confluence with the San Antonio River to FM 541 From FM 541 to confluence with Clifton Branch Parameter(s) Cate2ort Year Seginent First Listed impaired fish community 5c 2006 1902 02 From 5 miles upstream of confluence with the San Antonio Riser to FM 541 Category 5: The eater body does not meet applicable water € uality standards or is threatened for one or snore designated uses by one or lnore pollutants. Cxegory 5a - TMDLs are undelway, scheduled, or will be scheduled for one or snore parameters. Categorl 5b - A review. of the standards for one or inore parameters will be conducted before a management strategy is selected, include' ig the possible revision to the water quality standards. Ccategorlr 5c - Additional data or illfoiniation will be collected and/or evaluated for one or more parameters before a management strategy is selected.. -53- Stormwater Management Plan Implementation Program Ordinance 13 -M -31 -54- ORDINANCE NO. 13 -M -31 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AMENDING THE CODE OF ORDINANCES, PART III, UNIFIED DEVELOPMENT CODE, ARTICLE 13 — LAND DISTURBING ACTIVITIES AND DRAINAGE; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT WITH THIS ORDINANCE; PROVIDING AN EFFECTIVE DATE; AND DECLARING AN EMERGENCY WHEREAS, the City Council of the City of Schertz, Texas (the "City") desires to protect the safety and welfare of the citizens of the City through regulation of land disturbing activities and the design, construction and maintenance of drainage facilities in the City; WHEREAS, the Planning and Zoning Commission ( "P &Z ") of the City voted to recommend approval of the provisions for regulating land disturbing activities and the design, construction and maintenance of drainage facilities set forth herein at the regular meeting on August 14,2013; WHEREAS, the City Staff of the City has recommended that the City Council adopt the provisions set forth herein, which regulate land disturbing activities and the design, construction and maintenance of drainage facilities in the City; and WHEREAS, the City Council has determined that the regulation of land disturbing activities and the- design, construction and maintenance of drainage facilities in the City, as set forth in Exhibit A, is in the best interests of the City. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS: SECTION I The City of Schertz, Texas Code of Ordinances, Part III, Unified Development Code, Article 13 — Land Disturbing Activities and Drainage is hereby amended as set forth in Exhibit A attached. SECTION II 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 III 1 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 IV This Ordinance shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. SECTION V 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 VI 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 VII Pursuant to Section 4.09(e) of the City Charter, by vote of not less than two- thirds of the members of the City Council present at the meeting at which this Ordinance was first considered, the City Council has determined that an emergency exists which requires immediate action, and this Ordinance is hereby adopted on a single reading, and this Ordinance shall be effective upon the date hereof and any publication required by law. This Ordinance will apply to all final subdivision plats approved on or after that date. Subdivisions that are under construction at this time will not be required to follow the adopted amendments. PASSED, APPROVED AND ADOPTED ON FIRST AND FINAL READING, the 201h day of August, 2013. CITY OF R S Mayor, Michael R. Carpenter, ATTEST: 2 ecretary, City of Schertz, Texas (SEAL OF CITY) EXHIBIT A CODE OF ORDINANCES, PART III, UNIFIED DEVELOPMENT CODE, ARTICLE 13 - LAND DISTURBING ACTIVITIES AND DRAINAGE 0 Article 13 — Land Disturbing Activities and Drainage Schertz Unified Development Code Article 13 Land Disturbing Activities and Drainage Sec. 21.13.1 Clearing and Grading A. No removal of trees, land clearing and/or grading activities shall occur without the required approvals and permits including but not limited to the Grading and Clearing Permit and Tree Permits. Grading and clearing activity shall be limited to the limits of grading area identified on an approved grading plan. A Grading and Clearing Permit is required for any land disturbing activities greater than 0.1 acres outside of the FEMA designated special flood hazard area (SFHA), and all areas within the SFHA unless specifically exempted in this Section. B. All Grading and Clearing permits shall be reviewed by the City Engineer and Public Works Department and approved by the City Engineer or his/her designee. Grading and Clearing Permits shall be reviewed in accordance with this Unified Development Code, the Public Works Specifications Manual, the City of Schertz Code of Ordinances, and any other applicable law, code, or regulation governing grading and clearing activity. C. The following shall be exempt from the requirement for Grading and Clearing Permit: 1. grading and clearing in emergency situations involving immediate danger to life and property or substantial fire hazards; 2. the removal of underbrush, dead trees or diseased or damaged trees which constitute a hazard to life and property based upon field inspection verification; and 3. grading and clearing practices associated with agricultural operations, excluding timber cutting, grading cuts or fills, and/or work within SFHA. Sec. 21.13.2 Construction Storm Water Management A. Put-pose and Intent During the construction process, soil is highly vulnerable to erosion by wind and water. Eroded soil endangers water resources by reducing water quality and causing the siltation of aquatic habitat for fish and other desirable species. Eroded soil also necessitates service and/or repair of sewers and ditches and the dredging of lakes. In addition, grading and clearing during construction cause the loss of native vegetation necessary for terrestrial and aquatic habitat. 13 -1 Article 13 —Land Disturbing Activities and Drainage Scheriz Unified Development Code The intent of the Construction Storm Water Management Ordinance ( "this Ordinance ") is to provide for the health, safety, and general welfare of the citizens of the City of Schertz ( "the City ") by guiding, regulating, and controlling the design, construction, use, and maintenance of any development or other activity that disturbs or breaks the topsoil or results in the movement of earth in the City. The provisions of this Ordinance shall be interpreted and applied as the minimum requirements for the promotion of public health, safety and general welfare. B. Applicability This Ordinance shall apply to all territory within the corporate limits and extraterritorial jurisdiction of the City including any developed and undeveloped land unless explicitly exempted by Public Works or an authorized state or federal enforcement agency. C. Responsibility for Administration Public Works shall administer, implement, and enforce the provisions of this Ordinance. Any powers granted or duties imposed upon the authorized enforcement agency may be delegated in writing by the Director of Public Works or his/her designee to persons or entities acting in the beneficial interest in the employ of the City. Whenever the requirements of this Ordinance are in conflict with the requirements of any other lawfully adopted rules, regulations, or ordinances, the requirement that is most restrictive or that imposes the higher standards, as determined by the Director of Public Works or his/her designee shall apply. D. Severability All sections, paragraphs, sentences, clauses, and phrases of this Ordinance are severable, and if any section, paragraph, sentence, clause or phrase is declared unconstitutional or otherwise invalid in any court of competent jurisdiction in a valid judgment or decree, such unconstitutionality or invalidity shall not cause any remaining section, paragraph, sentence, clause or phrase of this Ordinance to fail or become invalid. E. Ultimate Responsibility The issuance of any permit, certificate, or approval in accordance with the standards and requirements of this Ordinance shall not relieve the recipient of such permit, certificate or approval from the responsibility of complying with all other applicable requirements of any other municipality, county, special district, State or Federal agency having jurisdiction over the storm drainage system for which the permit, certificate or approval was issued. This Ordinance does not intend or 13 -2 Article 13 — Land Disturbing Activities and Drainage Schertz Unified Development Code imply that compliance by any person will ensure that there will not be contamination, pollution, or unauthorized discharge of pollutants. This ordinance in no way alleviates any requirement for applicable federal or state approvals or releases. F. Permits 1. No person shall be granted a Grading and Clearing Permit, Development Permit or Construction Permit for land- disturbing activity without the approval of a Grading Plan by the City Engineer, Director of Public Works, and the City Manager or his/her designees. 2. No Grading and Clearing Permit is required for the following activities: a. Any emergency activity that is immediately necessary for the protection of life, property, or natural resources. Public Works must be notified within 24 hours of such activities; b. The removal of underbrush, dead trees, or diseased or damaged trees which constitute a hazard to life and property based upon field inspection verification; or C. Grading and clearing practices associated with agricultural operations, excluding timber cutting, grading cuts or fills, and/or work within designated special flood hazard area. G. Applications 1. Each application shall bear the name(s) and address(es) of the owner or developer of the site, of any consulting firm retained by the applicant together with the name of the applicant's principal contact at such firm, and the physical address of the site or a detailed description of its location. Applications shall be accompanied by all items required per the submittal process and the application and all applicable fees. 2. The City of Schertz may, at its discretion, require the submittal of a performance bond/escrow in the amount of $1,000 /acre prior to the issuance of a permit in order to insure that the storm water management practices as required by the plans approved for the permit are installed and maintained by the permit holder for the duration of the construction activity. The bond shall not be released until 85% coverage of all disturbed areas with approved 13 -3 Article 13 — Land Disturbing Activities and Drainage Schertz Unified Development Code vegetation is accomplished as determined by the Director of Public Works or his/her designee. H. Review and Approval 1. Engineering/Public Works will review each application for a permit to determine its conformance with the provisions of this regulation. Within 30 days after receiving an application, Engineering/Public Works shall, in writing, complete one of the following actions: a. Approve the permit application. b. Approve the permit application subject to such reasonable conditions as may be necessary to secure substantially the objectives of this regulation, and issue the permit subject to these conditions. C. Disapprove the permit application, indicating the reason(s) and procedure for submitting a revised application and /or submission. 2. By approving a plan under this regulation, the City does not accept responsibility for the design, installation, operation or maintenance of construction storm water management activities for the permit holder. I. Grading Plan 1. The Grading Plan shall include the following: a. One plan sheet showing existing floodplain /floodway limits, and one plan sheet showing the existing floodplain/floodway limits and the proposed floodplain/floodway limits. b. A sequence of construction of the development site, including stripping and clearing, rough grading, construction of utilities, infrastructure, and buildings, and final grading and landscaping. Sequencing shall identify the expected date on which clearing will begin, the estimated duration of exposure of cleared areas, areas of clearing, installation and removal of temporary erosion and sediment control measures, and establishment of permanent vegetation. 13 -4 Article 13 —Land Disturbing Activities and Drainage Schertz Unified Development Code C. All erosion and sediment control measures necessary to meet the objectives of the City's regulations throughout all phases of construction and after completion of development of the site. Depending upon the complexity of the project, the drafting of intermediate plans may be required at the close of each season. d. Seeding mixtures and rates, types of sod, method of seedbed preparation, expected seeding dates, type and rate of lime and fertilizer application, and kind and quantity of mulching for both temporary and permanent vegetative control measure. e. Provisions for maintenance of control facilities, including easements and estimates of the cost of maintenance. 2. Modifications to the plan shall be processed and approved or disapproved in the same manner as Section 8 of this regulation. The City Engineer and Director of Public Works or his /her designees will provide written authorization to the permit applicant, and shall include: a. Major amendments of the Grading Plan submitted to Public Works and Engineering. b. Field modifications of a minor nature. J. Design Requirements Grading, erosion control practices, sediment control practices, and waterway crossings shall meet the design criteria set forth in the City's UDC, Public Works Specifications Manual and Public Works Design Standards, and shall be adequate to prevent transportation of sediment from the site to the satisfaction of the City Engineer and the Director of Public Works or his/her designees. 2. Grading and clearing shall not be permitted, except when in compliance with the UDC, this Ordinance, and any other applicable authority. 3. Clearing, except as necessary to establish sediment control devices, shall not begin until all sediment control devices have been installed and have been stabilized. 13 -5 Article 13 — Land Disturbing Activities and Drainage Scbertz Unified Development Code 4. Phasing is strongly recommended and may be required on sites disturbing greater than 15 acres, with the size of each phase to be established at plan review and as approved by Engineering and Public Works. 5. Erosion control requirements shall include the following: a. Soil stabilization shall be completed within five days of clearing or inactivity in construction. b. If seeding or another vegetation erosion control method is used, it shall become established within two weeks or Public Works may require the site to be reseeded or a non- vegetation option employed. C. Special techniques required to ensure stabilization, other than design criteria outlined in UDC for steep slopes or in drainage ways, shall be approved by the City Engineer. d. Soil stockpiles must be stabilized or covered at the end of each workday. e. The entire site must be stabilized, using a heavy mulch layer or another method that does not require germination to control erosion, at the close of the construction season. £ Techniques shall be employed to prevent the blowing of dust or sediment from the site. g. Techniques that divert upland runoff past disturbed slopes shall be employed. 6. Sediment controls requirements shall include: a. Settling basins, sediment traps, or tanks and perimeter controls. Other control measures may be approved by the City Engineer. b. Settling basins that are designed in a manner that allows adaptation to provide long -term storm water management, if required by the City. C. Protection for adjacent properties by the use of a vegetated buffer strip in combination with perimeter controls. 7. Waterway and watercourse protection requirements shall include: 13 -6 Article 13 — Land Disturbing Activities and Drainage Schertz Unified Development Code a. A temporary stream crossing installed and approved by Engineering and Public Works if a watercourse will be crossed regularly during construction. b. Stabilization of the watercourse channel before, during, and after any in- channel work. C. All on -site storm water conveyance channels designed according to the criteria outlined in the UDC. d. Stabilization adequate to prevent erosion located at the outlets of all pipes and paved channels. 8. Construction site access requirements shall include: a. A temporary construction access road provided at all sites. b. Other measures required by Engineering and Public Works in order to ensure that sediment is not tracked onto public streets by construction vehicle or washed into storm drains. K. Inspection I. The Director of Public Works or his/her designee shall make inspections as hereinafter required and shall approve the portion of the work completed or shall notify the permit holder wherein the work fails to comply with this Ordinance, the UDC, or other City regulations as approved. Plans for grading, stripping, excavating, and filling work bearing the stamp of approval of the City shall be maintained at the site during the progress of the work. To obtain inspections, the permit holder shall notify Public Works at least two working days before the following: a. Start of construction. b. Installation of sediment and erosion measures. C. Completion of site clearing. d. Completion of rough grading. e. Completion of final grading. f. Close of the construction season. 13 -7 Article 13 —Land Disturbing Activities and Drainage Schertz Unified Development Code g. Completion of final landscaping. 2. The permit holder or his/her principal contact shall make regular inspections of all control measures in accordance with the inspection schedule outlined on the approved Grading Plan. The purpose of such inspections will be to determine the overall effectiveness of the control plan and the need for additional control measure. All inspections shall be documented in written form and submitted to Public Works at the time interval specified in the approved permit. 3. The Director of Public Works or his/her designee shall enter the property of the applicant as deemed necessary to make regular inspections to ensure the validity of the reports filed under paragraph B of this Section. L. Enforcement 1. Stop -Work Order: Revocation of Permit In the event that any person holding a Grading and Clearing Permit, Development Permit or Construction Permit pursuant to this Ordinance violates the terms of the permit or implements site development in such a manner as to materially adversely affect the health, welfare, or safety of a person residing or working in the neighborhood or development site so as to be materially detrimental to the public welfare or injurious to property or improvements in the neighborhood, the City Engineer or Director of Public Works or his/her designees at the time interval specified in the approved permit may issue a Stop Work Order or Revoke aforementioned permit. 2. Violation and Penalties No person shall construct, enlarge, alter, repair, or maintain any grading, excavation, or fill, or cause the same to be done, contrary to or in violation of any terms of this Ordinance. Any person violating any of the provisions of this Ordinance shall be deemed guilty of a class "C" misdemeanor and each day during which any violation of any of the provisions of this Ordinance is committed, continued, or permitted, shall constitute a separate offense. Upon conviction of any such violation, such person, partnership, or corporation shall be punished by a fined a minimum amount of not less than two hundred dollars ($200.00) per violation and a maximum amount of not more than two thousand dollars ($2,000.00) per violation. In addition, any other penalty authorized 13 -8 Article 13 —Land Disturbing Activities and Drainage Schertz Unified Development Code by this section, any person, partnership, or corporation convicted of violating any of the provisions of this Ordinance shall be required to bear the expense of such restoration. A civil penalty in an amount not to exceed five hundred dollars ($500.00) per violation of this Ordinance may be imposed. Each violation of a particular section of this Ordinance shall constitute a separate offense, and each day such an offense continues shall be considered a new violation for purposes of enforcing this Ordinance. 3. Notice of Violation If the City Engineer or the Director of Public Works determines that an applicant or other responsible person has failed to comply with the terms and conditions of a permit, approved Grading Plan, or the provisions of this Ordinance, he or she shall issue a written notice of violation to such applicant or other responsible person. Where a person is engaged in activity covered by this Ordinance without having first secured a permit therefore, the notice of violation shall be served on the owner or the responsible person in charge of the activity being conducted on the site. The notice of violation shall contain: a. The name and address of the owner or the applicant or the responsible person. b. The address or other description of the site upon which the violation is occurring. C. A statement specifying the nature of the violation. d. A description of the remedial measures necessary to bring the action or inaction into compliance with the permit, the storm water management plan, the storm water maintenance agreement, or this Ordinance and the date for the completion of such remedial action. e. A statement of the penalty or penalties that may be assessed against the person to whom the notice of violation is directed. f. A statement that the determination of violation may be appealed to the City Council of the City of Schertz by filing a written notice of appeal within five (5) business days after 13 -9 Article 13 — Land Disturbing Activities and Drainage Schertz Unified Development Code the notice of violation (except, that in the event the violation constitutes an immediate danger to public health or public safety, 24 hours notice shall be sufficient). The City of Schertz may recover all attorneys' fees, court costs, and other expenses associated with enforcement of this Ordinance, including sampling and monitoring expenses. 4. Appeals The decisions or orders of the City Council of the City of Schertz shall be final. Further relief shall be to a higher court of competent jurisdiction. 5. Remedies Not Exclusive The remedies listed in this Ordinance are not exclusive of any other remedies available under any applicable federal, state, or local law See. 21.13.3 Flood Damage Prevention A. Finding of Fact, Purpose and Methods Statutory Authorization The Legislature of the State of Texas has in the Flood Control Act, Texas Water Code, Section 16.315, delegated the responsibility of local governmental units to adopt regulations designed to minimize flood losses. Therefore, the City of Schertz, Texas ("the City") does ordain as follows: 2. Finding of Fact a. The flood hazard areas of the City and extraterritorial jurisdiction are subject to periodic inundation, which results in loss of life and property, health and safety hazards, disruption of commerce and governmental services, and extraordinary public expenditures for flood protection and relief, all of which adversely affect the public health, safety and general welfare. b. These flood losses are created by the cumulative effect of obstructions in floodplains which cause an increase in flood heights and velocities, and by the occupancy of flood hazard areas by uses vulnerable to floods and hazardous to 13 -10 Article 13 — Land Disturbing Activities and Drainage Schertz Unified Development Code other lands because they are inadequately elevated, flood - proofed or otherwise protected from flood damage. 3. Statement of Purpose It is the purpose of this Section to promote the public health, safety and general welfare and to minimize public and private losses due to flood conditions in specific areas by provisions designed to: a. Protect human life and health. b. Minimize expenditure of public money for costly flood control projects. C. Minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public. d. Minimize prolonged business interruptions. C. Minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, streets and bridges located in floodplains. f Help maintain a stable tax base by providing for the sound use and development of flood -prone areas in such a manner as to minimize future flood blight areas. g. Ensure that potential buyers are notified that property is in a flood area. 4. Methods of Reducing Flood Losses In order to accomplish its purposes, this Section uses the following methods: a. Restrict or prohibit uses that are dangerous to health, safety or property in times of flood, or cause increases in flood heights or velocities. b. Require that uses vulnerable to floods, including facilities, which serve such uses, be protected against flood damage at the time of initial construction or substantial improvement. 13 -11 Article 13 —Land Disturbing Activities and Drainage Schertz Unified Development Code C. Control the alteration of natural floodplains, stream channels, and natural protective barriers, which are involved in the accommodation of flood waters. d. Control filling, grading, dredging and other development which may increase flood damage. C. Prevent or regulate the construction of flood barriers which will unnaturally divert flood waters or which may increase flood hazards to other lands. B. Definitions Unless specifically defined below or in Article 16 of this Ordinance, words or phrases used in this Section shall be interpreted to give them the meaning they have in common usage and to give this Ordinance the most reasonable application. ALLUVIAL FAN FLOODING - means flooding occurring on the surface of an alluvial fan or similar landform which originates at the apex and is characterized by high - velocity flows; active processes of erosion, sediment transport, and deposition; and unpredictable flow paths. APEX - means a point on an alluvial fan or similar landform below which the flow path of the major stream that formed the fan becomes unpredictable and alluvial fan flooding can occur. APPEALS BOARD — means the Board of Adjustment of the City of Schertz, Texas. APPURTENANT STRUCTURE — means a structure which is on the same parcel of property as the principal structure to be insured and the use of which is incidental to the use of the principal structure. AREA OF FUTURE CONDITIONS FLOOD HAZARD — means the land area that would be inundated by the 1- percent - annual chance (100 year) flood based on future conditions hydrology. AREA OF SHALLOW FLOODING - means a designated AO, AH, AR/AO, AR/AH, or VO zone on a community's Flood Insurance Rate Map (FIRM) with a 1 percent or greater annual chance of flooding to an average depth of 1 to 3 feet where a clearly defined channel does not exist, where the path of flooding is unpredictable and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow. AREA OF SPECIAL FLOOD HAZARD or SPECIAL FLOOD HAZARD AREA - is the land in the floodplain within a community subject to a I percent or greater chance of flooding in any given year. The area may be designated as Zone A on the Flood Hazard 13 -12 Article 13 — Land Disturbing Activities and Drainage Scbertz Unified Development Boundary Map (FHBM). After detailed rate making has been completed in preparation for publication of the FIRM, Zone A usually is refined into Zones A, AO, AH, Al -30, AE, A99, AR, AR/A1 -30, AR/AE, AR/AO, AR/AH, AR/A, VO, VI-30, VE or V. BASE FLOOD - means the flood having a I percent chance of being equaled or exceeded in any given year. BASEMENT - means any area of the building having its floor subgrade (below ground level) on three or more sides. BASE FLOOD ELEVATION or BFE — means the elevation shown on the Flood Insurance Rate Map (FIRM) and found in the accompanying Flood Insurance Study (FIS) for Zones A, AE, AH, Al -A30, AR, Vl -V30, or VE that indicates the water surface elevation resulting from the base flood. BREAKAWAY WALL — means a wall that is not part of the structural support of the building and is intended through its design and construction to collapse under specific lateral loading forces, without causing damage to the elevated portion of the building or supporting foundation system. CRITICAL FEATURE - means an integral and readily identifiable part of a flood protection system, without which the flood protection provided by the entire system would be compromised. DEVELOPMENT - means any man -made change to improved and unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment or materials. ELEVATED BUILDING — means, for insurance purposes, a non - basement building, which has its lowest elevated floor, raised above ground level by foundation walls, shear walls, posts, piers, pilings, or columns. EXISTING CONSTRUCTION - means for the purposes of determining rates, structures for which the "start of construction" commenced before the effective date of the FIRM or before January 1, 1975, for FIRMs effective before that date. "Existing construction" may also be referred to as "existing structures." EXISTING MANUFACTURED HOME PARK OR SUBDIVISION - means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before the effective date of the floodplain management regulations adopted by a community. EXPANSION TO AN EXISTING MANUFACTURED HOME PARK OR SUBDIVISION - means the preparation of additional sites by the construction of 13 -13 Article 13 — Land Disturbing Activities and Drainage Sclicrtz Unified Development Code facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads). FLOOD or FLOODING - means a general and temporary condition of partial or complete inundation of normally dry land areas from: 1. the overflow of inland or tidal waters. 2. the unusual and rapid accumulation or runoff of surface waters from any source. FLOOD ELEVATION STUDY or FLOOD INSURANCE STUDY or FIS — means an examination, evaluation and determination of flood hazards and, if appropriate, corresponding water surface elevations, or an examination, evaluation and determination of mudslide (i.e., mudflow) and /or flood - related erosion hazards. FLOOD INSURANCE RATE MAP or FIRM - means an official map of a community, on which the Federal Emergency Management Agency has delineated both the special flood hazard areas and the risk premium zones applicable to the community. FLOODPLAIN or FLOOD PRONE AREA - means any land area susceptible to being inundated by water from any source (see definition of flooding). FLOODPLAIN MANAGEMENT - means the operation of an overall program of corrective and preventive measures for reducing flood damage, including but not limited to emergency preparedness plans, flood control works and floodplain management regulations. FLOODPLAIN MANAGEMENT REGULATIONS - means zoning, ordinances, subdivision regulations, building codes, health regulations, special purpose ordinances (such as a flooding ordinance, grading ordinance and erosion control ordinance) and other applications of police power. The term describes such state or local regulations, in any combination thereof, which provide standards for the purpose of flood damage prevention and reduction. FLOOD PROTECTION SYSTEM - means those physical structural works for which funds have been authorized, appropriated, and expended and which have been constructed specifically to modify flooding in order to reduce the extent of the area within a community subject to a "special flood hazard" and the extent of the depths of associated flooding. Such a system typically includes hurricane tidal barriers, dams, reservoirs, levees or dikes. These specialized flood modifying works are those constructed in conformance with sound engineering standards. FLOOD PROOFING - means any combination of structural and non - structural additions, changes, or adjustments to structures which reduce or eliminate flood damage to real 13 -14 Article 13 —Land Disturbing Activities and Drainage Schertz Unified Development Code estate or improved real property, water and sanitary facilities, structures and their contents. FREEBOARD — is a factor of safety above the BFE. (The City requires 1 foot above the BFE.) FUNCTIONALLY DEPENDENT USE - means a use, which cannot perform its intended purpose unless it is located or carried out in close proximity to water. The term includes only docking facilities, port facilities that are necessary for the loading and unloading of cargo or passengers, and ship building and ship repair facilities, but does not include long -term storage or related manufacturing facilities. HIGHEST ADJACENT GRADE - means the highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure. HISTORIC STRUCTURE - means any structure that is: 1. Listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register. 2. Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district. 3. Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of the Interior. 4. Individually listed on a local inventory or historic places in communities with historic preservation programs that have been certified either. a. By an approved state program as determined by the Secretary of the Interior. b. Directly by the Secretary of the Interior in states without approved programs. LEVEE - means a man -made structure, usually an earthen embankment, designed and constructed in accordance with sound engineering practices to contain, control, or divert the flow of water so as to provide protection from temporary flooding. 13 -15 Article 13 — Land Disturbing Activities and Drainage Schertz Unified Development Code LEVEE SYSTEM - means a flood protection system, which consists of a levee, or levees, and associated structures, such as closure, and drainage devices, which are constructed and operated in accordance with sound engineering practices. LOWEST FLOOR - means the lowest floor of the lowest enclosed area (including basement). An unfinished or flood resistant enclosure, usable solely for parking or vehicles, building access or storage in an area other than a basement area is not considered a building's lowest floor; provided that such enclosure is not built so as to render the structure in violation of the applicable non - elevation design requirement of Section 60.3 of the National Flood Insurance Program regulations. MANUFACTURED HOME - means a structure transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when connected to the required utilities. The term "manufactured home" does not include a "recreational vehicle ". MANUFACTURED HOME PARK OR SUBDIVISION - means a parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale. MEAN SEA LEVEL - means, for purposes of the National Flood Insurance Program, the North American Vertical Datum (NAVD) of 1988 or other datum, to which base flood elevations shown on a community's Flood Insurance Rate Map are referenced. NEW CONSTRUCTION - means, for the purpose of determining insurance rates, structures for which the "start of construction" commenced on or after the effective date of an initial FIRM or after December 31, 1974, whichever is later, and includes any subsequent improvements to such structures. For floodplain management purposes, "new construction" means structures for which the "start of construction" commenced on or after the effective date of a floodplain management regulation adopted by a community and includes any subsequent improvements to such structures. NEW MANUFACTURED HOME PARK OR SUBDIVISION - means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after the effective date of floodplain management regulations adopted by a community. NON - RESIDENTIAL STRUCTURE — includes, but is not limited to: small business concerns, churches, schools, farm buildings (including grain bins and silos), poolhouses, clubhouses, recreational buildings, mercantile structures, agricultural and industrial structures, warehouses, hotels and motels with normal room rentals for less than 6 months' duration, and nursing homes. RECREATIONAL VEHICLE - means a vehicle which is (i) built on a single chassis; (ii) 400 square feet or less when measured at the largest horizontal projections; (iii) designed 13 -16 Article 13 — Land Disturbing Activities and Drainage Schertz Unified Development Code to be self - propelled or permanently towable by a light duty truck; and (iv) designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use. REGULATORY FLOODWAY or FLOODWAY - means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height. RESIDENTIAL STRUCTURES - means a structure that is considered to be domicile or is used for residential purposes for 6 months or more. Residential structures include a single family home, multiple unit apartment buildings, a residential condominium, or a manufactured or modular home. RIVERINE — means relating to, formed by, or resembling a river (including tributaries), stream, brook, etc. START OF CONSTRUCTION - (for other than new construction or substantial improvements under the Coastal Barrier Resources Act (Pub. L. 97- 348)), includes substantial improvement and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition placement, or other improvement was within 180 days of the permit date. The actual start means either the fast placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for basement, footings, piers or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building. STRUCTURE — means, for floodplain management purposes, a walled and roofed building, including a gas or liquid storage tank, that is principally above ground, as well as a manufactured home. SUBSTANTIAL DAMAGE - means damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed 50 percent (50 1/o) of the market value of the structure before the damage occurred. SUBSTANTIAL IMPROVEMENT - means any reconstruction, rehabilitation, addition, or other improvement of a structure or any series of reconstructions, rehabilitations, additions, or other improvements of a structure, the cumulative cost of which equals or 13 -17 Article 13 — Land Disturbing Activities and Drainage Scberta Unified Development Code exceeds 50 percent of the market value of the structure as of the effective date of this Ordinance. This term includes structures which have incurred "substantial damage ", regardless of the actual repair work performed. The term does not, however, include either: (1) Any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions or (2) Any alteration of a "historic structure ", provided that the alteration will not preclude the structure's continued designation as a "historic structure." VARIANCE — means a grant of relief by a community from the terms of a floodplain management regulation. (For full requirements see Section 60.6 of the National Flood Insurance Program regulations.) VIOLATION - means the failure of a structure or other development to be fully compliant with the community's floodplain management regulations. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in Section 60.3(b)(5), (c)(4), (c)(10), (d)(3), (e)(2), (e)(4), or (e)(5) of the National Flood Insurance Program regulations is presumed to be in violation until such time as that documentation is provided. WATER SURFACE ELEVATION - means the height, in relation to the North American Vertical Datum (NAVD) of 1988 (or other datum, where specified), of floods of various magnitudes and frequencies in the floodplains of coastal or riverine areas. C. General Provisions 1. Lands to Which This Section Applies This Section shall apply to all areas of special flood hazard within the corporate limits and the extraterritorial jurisdiction of the City. 2. Basis for Establishing the Areas of Special Flood Hazard The areas of special flood hazard identified by the Federal Emergency Management Agency in the current scientific and engineering report entitled, "The Flood Insurance Study (FIS) for f Guadalupe County Texas and Incorporated Areas Volume 1 & 21," dated {November 2, 20071, with accompanying Flood Insurance Rate Maps and/or Flood Boundary - Floodway Maps (FIRM and/or FBFM) dated (November 2, 20071. Also applicable are the effective FIS and FIRM maps for Bexar County dated (September 29, 20101 and Comal County dated (September 2, 2009 }. And any revisions thereto are hereby adopted by reference and declared to be a part of this Ordinance. 3. Establishment of Floodplain Development Permit 13 -18 Article 13 — Land Disturbing Activities and Drainage Schertz Unified Development Code A Floodplain Development Permit shall be required to ensure conformance with the provisions of this Section. 4. Compliance No structure or land shall hereafter be located, altered, or have its use changed without full compliance with the terms of this Section and other applicable regulations. Abrogation and Greater Restrictions This Section is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this Section and another ordinance, easement, covenant, or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail as determined by the Floodplain Administrator. 6. Interpretation In the interpretation and application of this Section, all provisions shall be; (1) considered as minimum requirements; (2) liberally construed in favor of the governing body; and (3) deemed neither to limit nor repeal any other powers granted under State statutes. Warning and disclaimer of Liability The degree of flood protection required by this Section is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. On rare occasions greater floods can and will occur and flood heights may be increased by man -made or natural causes. This Section does not imply that land outside the areas of special flood hazards or uses permitted within such areas will be free from flooding or flood damages. This Section shall not create liability on the part of the community or any official or employee thereof for any flood damages that result from reliance on this Section or any administrative decision lawfully made hereunder. D Administration 1. Designation of the Floodplain Administrator The City Manager or his/her designee is hereby appointed the Floodplain Administrator to administer and implement the provisions of this Section and other appropriate sections of 44 CFR 13 -19 Article 13 — Land Disturbing Activities and Drainage Schertz Unified Development Code (Emergency Management and Assistance - National Flood Insurance Program Regulations) pertaining to floodplain management. 2. Duties and Responsibilities of the Floodplain Administrator The duties and responsibilities of the Floodplain Administrator shall include, but not be limited to, the following: a. Maintain and hold open for public inspection all records pertaining to the provisions of this Section. b. Reviews permit applications to determine whether the proposed building site project, including the placement of manufactured homes, will be reasonably safe from flooding. C. Review, approve or deny all applications for development permits required by adoption of this Section. d. Review permits for proposed development to assure that all necessary permits relating to floodplain management have been obtained from those Federal, State or local governmental . agencies (including Section 404 of the Federal Water Pollution Control Act Amendments of 1972, 33 U.S.C. 1334) from which prior approval is required. C. Where interpretation is needed as to the exact location of the boundaries of the areas of special flood hazards (for example, where there appears to be a conflict between a mapped boundary and actual field conditions) the Floodplain Administrator shall make the necessary interpretation. f. Notify, in riverine situations, adjacent communities and the State Coordinating Agency, which is the Texas Water Board, prior to any alteration or relocation of a watercourse, and require that evidence of such notification is submitted to the Federal Emergency Management Agency. g. Assure that the flood carrying capacity within the altered or relocated portion of any watercourse is maintained. h. When base flood elevation data has not been provided in accordance with Section 21.13.3.C.2, the Floodplain Administrator shall obtain, review and reasonably utilize 13 -20 Article 13 —Land Disturbing Activities and Drainage Schertz Unified Development Code any base flood elevation data and floodway data available from a Federal, State or other source, in order to administer the provisions of Section 21.13.3.E. i. When a regulatory floodway has not been designated, the Floodplain Administrator must require that no new construction, substantial improvements, or other development (including fill) shall be permitted within Zones Al -30, A, AO, AH and AE on the community's FIRM, unless it is demonstrated that the cumulative effect of the proposed development, when combined with all other existing and anticipated development, will not increase the water surface elevation of the base flood at any point within the community unless said increase is completely contained within the property of the development. j. Under the provisions of 44 CFR Chapter 1, Section 65.12, of the National Flood Insurance Program regulations, a community may approve certain development in Zones Al- 30, AE, AH, A or AO on the community's FIRM which increases the water surface elevation of the base flood provided that the community first completes all of the provisions required by 44 CFR Chapter 1, Section 65.12. 3. Permit Procedures a. Application for a Floodplain Development Permit shall be presented to the Floodplain Administrator on forms furnished by him/her and may include, but not be limited to, plans in duplicate drawn to scale showing the location, dimensions, and elevation of proposed landscape alterations, existing and proposed structures, including the placement of manufactured homes, and the location of the foregoing in relation to areas of special flood hazard. Additionally, the following information is required: i. Elevation (in relation to mean sea level), of the lowest floor (including basement) of all new and substantially improved structures. ii. Elevation (in relation to mean sea level), to which any non - residential structure shall be flood - proofed. iii. A certificate from a registered professional engineer or architect that the non - residential flood - proofed 13 -21 Article 13 —Land Disturbing Activities and Drainage Schertz Unified Development Code structure shall meet the flood - proofing criteria of Section 21.13.3.E.2.b. iv. Description of the extent to which any watercourse or natural drainage will be altered or relocated as a result of proposed development. V. Maintain a record of all such information in accordance with Section 21.13.3.D.2.a. b. Approval or denial of a Floodplain Development Permit by the Floodplain Administrator shall be based on all of the provisions of this Section and the following relevant factors: i. The danger to life and property due to flooding or erosion damage. ii. The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner. iii. The danger that materials may be swept onto other lands to the injury of others. iv. The compatibility of the proposed use with existing and anticipated development. V. The safety of access to the property in times of flood for ordinary and emergency vehicles. vi. The costs of providing governmental services during and after flood conditions including maintenance and repair of streets and bridges, and public utilities and facilities such as sewer, gas, electrical and water systems. vii. The expected heights, velocity, duration, rate of rise and sediment transport of the floodwaters and the effects of wave action, if applicable, expected at the site. viii. The necessity to the facility of a waterfront location, where applicable. ix. The availability of alternative locations, not subject to flooding or erosion damage, for the proposed use. 13 -22 Article 13 —Land Disturbing Activities and Drainage Schertz Unified Development Code C. The Floodplain Administrator may grant a waiver to certain submittal requirements, within the specified area shown on Exhibit A, for new construction and substantial improvements to be erected on a lot of %2 acre or less in size contiguous to and surrounded by lots with existing structure constructed below the base flood level, providing the relevant factors in Section 21.13.3.13.16 have been fully considered and the standards of Section 21.13.3.E are met. The ability to be granted a waiver for the requirements to the specific area outlined in the exhibit attached hereto are: i. To prevent slum and blight. ii. To prevent undue hardship on property owners in the area shown on Exhibit A to which the substantial build out and close proximity of the existing structures creates unique situations where any impact may be deemed negligible. 4. Variance Procedures a. The Appeal Board, as established by the community, shall hear and render judgment on requests for variances from the requirements of this Section. b. The Appeal Board shall hear and render judgment on an appeal only when it is alleged there is an error in any requirement, decision, or determination made by the Floodplain Administrator in the enforcement or administration of this Section. C. Any person or persons aggrieved by the decision of the Appeal Board may appeal such decision in the courts of competent jurisdiction. d. The Floodplain Administrator shall maintain a record of all actions involving an appeal and shall report variances to the Federal Emergency Management Agency upon request. e. Variances may be issued for the reconstruction, rehabilitation or restoration of structures listed on the National Register of Historic Places or the State Inventory of Historic Places, without regard to the procedures set forth in the remainder of this Section. f Upon consideration of the factors noted above and the intent of this Section, the Appeal Board may attach such conditions to the granting of variances as it deems 13 -23 Article 13 — Land Disturbing Activities and Drainage Schertz Unified Development Code necessary to further the purpose and objectives of this Section (Section 21.13.3.A.3). g. Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result. It. Variances may be issued for the repair or rehabilitation of historic structures upon a determination that the proposed repair or rehabilitation will not preclude the structure's continued designation as a historic structure and the variance is the minimum necessary to preserve the historic character and design of the structure. i. Prerequisites for granting variances: i. Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief. ii. Variances shall only be issued upon: (1) showing a good and sufficient cause; (2) a determination that failure to grant the variance would result in exceptional hardship to the applicant, and (3) a determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances. iii. Any application to which a variance is granted shall be given written notice that the structure will be permitted to be built with the lowest floor elevation below the base flood elevation, and that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation. j. Variances may be issued by a community for new construction and substantial improvements and for other development necessary for the conduct of a functionally dependent use provided that (1) the criteria outlined in Section 21.13.3.D.4 (a) -Q) are met, and (2) the structure or other development is protected by methods that minimize flood damages during the base flood and create no additional threats to public safety. 13 -24 Article 13 —Land Disturbing Activities and Drainage Schertz Unified Development Code E. Provisions for Flood Hazard Reduction 1. General Standards In all areas of special flood hazards the following provisions are required for all new construction and substantial improvements: a. All new construction or substantial improvements shall be designed (or modified) and adequately anchored to prevent flotation, collapse or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy. b. All new construction or substantial improvements shall be constructed by methods and practices that minimize flood damage. C. All new construction or substantial improvements shall be constructed with materials resistant to flood damage. d. All new construction or substantial improvements shall be constructed with electrical, heating, ventilation, plumbing, and air conditioning equipment and other service facilities that are designed and /or located so as to prevent water from entering or accumulating within the components during conditions of flooding. C. All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the system. f New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters into the system and discharge from the systems into flood waters. g. On -site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding. 2. Specific Standards In all areas of special flood hazards where base flood elevation data has been provided as set forth in (i) Section 21.13.3.C.2, (ii) Section 21.13.3.D.2.h or (iii) Section 21.13.3.E.3.c the following provisions are required: 13 -25 Article 13 —Land Disturbing Activities and Drainage Scheriz Unified Development Code a. Residential Construction - new construction and substantial improvement of any residential structure shall have the lowest floor (including basement), elevated to or above the base flood elevation plus one foot of freeboard. A registered professional engineer, architect, or land surveyor shall submit a certification to the Floodplain Administrator that the standard of this subsection as proposed in Section 21.13.3.D.3.a is satisfied. b. Non - Residential Construction - new construction and substantial improvements of any commercial, industrial or other non - residential structure shall either have the lowest floor (including basement) elevated to or above the base flood level plus one foot of freeboard or together with attendant utility and sanitary facilities, be designed so that below the base flood level plus one foot of freeboard, the structure is watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy. A registered professional engineer or architect shall develop and /or review structural design, specifications, and plans for the construction, and shall certify that the design and methods of construction are in accordance with accepted standards of practice as outlined in this subsection. A record of such certification which includes the specific elevation (in relation to mean sea level) to which such structures are flood - proofed shall be maintained by the Floodplain Administrator. C. Enclosures - new construction and substantial improvements, with fully enclosed areas below the lowest floor that are usable solely for parking of vehicles, building access or storage in an area other than a basement and which are subject to flooding shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement must either be certified by a registered professional engineer or architect or meet or exceed the following minimum criteria: ' i. A minimum of two openings on separate walls having a total net area of not less than 1 square inch for every square foot of enclosed area subject to flooding shall be provided. 13 -26 Article 13 — Land Disturbing Activities and Drainage Schertz Unified Development Code ii. The bottom of all openings shall be no higher than 1 foot above grade. iii. Openings may be equipped with screens, louvers, valves, or other coverings or devices provided that they permit the automatic entry and exit of floodwaters. d. Manufactured Homes - i. Require that all manufactured homes to be placed within Zone A on a community's FHBM or FIRM shall be installed using methods and practices which minimize flood damage. For the purposes of this requirement, the lowest floor of manufactured homes must be elevated to one foot above the base flood elevation and anchored to resist flotation, collapse, or lateral movement. Methods of anchoring may include, but are not limited to, use of over- the -top or frame ties to ground anchors. This requirement is in addition to applicable State and local anchoring requirements for resisting wind forces. ii. Require that manufactured homes that are placed or substantially improved within Zones Al -30, AH, and AE on the community's FIRM on sites (1) outside of a manufactured home park or subdivision, (2) in a new manufactured home park or subdivision, (3) in an expansion to an existing manufactured home park or subdivision, or (4) in an existing manufactured home park or subdivision on which a manufactured home has incurred "substantial damage" as a result of a flood, be elevated on a permanent foundation such that the lowest floor of the manufactured home is one foot above the base flood elevation and be securely anchored to an adequately anchored foundation system to resist flotation, collapse, and lateral movement. iii. Require that manufactured homes be placed or substantially improved on sites in an existing manufactured home park or subdivision with Zones Al -30, AH and AE on the community's FIRM that are not subject to the provisions in (1) or (2) be elevated so that either: 13 -27 Article 13 — Land Disturbing Activities and Drainage Schertz Unified Development Code (a) The lowest floor of the manufactured home is at or above the base flood elevation plus one foot of freeboard, or (b) The manufactured home chassis is supported by reinforced piers or other foundation elements of at least equivalent strength that are no less than 36 inches in height above grade and be securely anchored to an adequately anchored foundation system to resist flotation, collapse, and lateral movement. C. Recreational Vehicles - Require that recreational vehicles placed on sites within Zones Al -30, AH, and AE on the community's FIRM be fully licensed, have current motor vehicle inspection certificate, state registration, is operable and ready for highway use. A recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick disconnect type utilities and security devices, has no permanently attached additions. 3. Standards for Subdivision Proposals a. All subdivision proposals including the placement of manufactured home parks and subdivisions shall be consistent with Sections 21.13.3 of this Ordinance. b. All proposals for the development of subdivisions including the placement of manufactured home parks and subdivisions shall meet Floodplain Development Permit requirements of Section 21.13.3.C.3; Section 21.13.3.D.3; and the provisions of Section 21.13.3.E of this Ordinance. C. Base flood elevation data shall be generated for subdivision proposals, Master Plans and other proposed development including the placement of manufactured home parks and subdivisions which is greater than 50 lots or 5 acres, whichever is lesser, if not otherwise provided pursuant to Section 21.13.3.C.2 of this Ordinance. Base flood elevation data shall be generated for subdivision proposals, Master Plans and other proposed development including the placement of manufactured home parks and subdivisions less than 5 acres, 50 lots, or where Zone A exists within 100 feet of the property line, base flood elevation data and/or elevation certificates may be required 13 -28 Article 13 —Land Disturbing Activities and Drainage Schertz Unified Development Code by the Floodplain Administrator to ensure any new development is reasonably safe from flooding. d. All subdivision proposals including the placement of manufactured home parks and subdivisions shall have adequate drainage provided to reduce exposure to flood hazards. C. All subdivision proposals including the placement of manufactured home parks and subdivisions shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize or eliminate flood damage. 4. Standards for Areas of Shallow Flooding (AO /AH Zones) Located within the areas of special flood hazard established in Section 21.13.3.C.2, are areas designated as shallow flooding. These areas have special flood hazards associated with flood depths of 1 to 3 feet where a clearly defined channel does not exist, where the path of flooding is unpredictable, and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow; therefore, the following provisions apply: a. All new construction and substantial improvements of residential structures have the lowest floor (including basement) elevated to or above the base flood elevation plus one foot of freeboard. b. All new construction and substantial improvements of non- residential structures; i, have the lowest floor (including basement) elevated to or above the base flood elevation plus one foot of freeboard, or ii. together with attendant utility and sanitary facilities be designed so that below the base specified flood depth in an AO Zone, or below the Base Flood Elevation plus one foot of freeboard in an AH Zone, the structure is watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydro- dynamic loads of effects of buoyancy. C. A registered professional engineer or architect shall submit a certification to the Floodplain Administrator that the 13 -29 Article 13 — Land Disturbing Activities and Drainage Schertz Unified Development Code standards of this Section, as proposed in Section 21.13.3.D.3 are satisfied. d. Require within Zones AH or AO adequate drainage paths around structures on slopes, to guide flood waters around and away from proposed structures. Floodways Lands located within areas of special flood hazard established in Section 21.13.3.C.2, are areas designated as floodways. Since the floodway is an extremely hazardous area due to the velocity of flood waters which carry debris, potential projectiles and erosion potential, the following provisions shall apply: a. Encroachments are prohibited, including fill, new construction, substantial improvements and other development within the adopted regulatory floodway unless it has been demonstrated through hydrologic and hydraulic analyses performed in accordance with standard engineering practice that the proposed encroachment would not result in any increase in flood levels within the community during the occurrence of the base flood discharge. b. If Section 21.13.3.E.5.a above is satisfied, all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of 21.13.3E. C. Under the provisions of 44 CFR Chapter 1, Section 65.12, of the National Flood Insurance Program Regulations, a community may permit encroachments within the adopted regulatory floodway that would result in an increase in base flood elevations, provided that the community first completes all of the provisions required by Section 65.12. 13 -30 Article 13 — Land Disturbing Activities and Drainage Schcrtz Unified Development Code Sec. 21.13.4 A. Applicability. The provisions of this Article shall apply to any Capital Improvement Project, application for Subdivision Plat, Master Development Plan, Site Plan, Grading and Clearing Permit, and/or Building Permit approval except as otherwise provided by this chapter. A Storm Water Management Plan (SWMP) shall be provided as set forth in section 21.13.2. B. Storm Water Management Program 1. System Criteria a. All storm water management facilities, or combination of facilities, shall be designed for ultimate development. Facilities with drainage areas less than one hundred (100) acres none of which lies within the SFHA shall be designed for a twenty- five -year storm. Facilities with drainage areas over one hundred (100) acres or any part of which is within a SFHA shall be designed for a 100 -year storm or a twenty- five-year storm plus freeboard, as defined in the Public Works Specifications Manual, if that elevation is higher. b. Detention facilities and streets are exceptions to the frequency criteria cited above. Refer to the Public Works Specifications Manual for specific drainage design criteria for streets and detention facilities. C. Three (3) development conditions shall be analyzed for each development. Existing Conditions. This refers to cut-rent development conditions in the watershed and on- site. Use as the baseline analysis for determining the impact of development. ii. Proposed Conditions. This refers to existing conditions with the proposed development added. Use to determine if the increased runoff from the proposed development results in an adverse impact to other properties. iii. Ultimate Conditions. This refers to ultimate development conditions within the watershed used to design the drainage facilities. This condition may be used in -lieu of subsection (ii) above, to 13 -32 Article 13 —Land Disturbing Activities and Drainage Schertz Unified Development Code determine if the increased runoff from the ultimate watershed development results in an adverse impact to other properties. d Responsibility to Accept Storm Water The owner or developer of property to be developed shall be responsible for the conveyance of all storm water flowing through the property. This responsibility includes the storm water flowing onto the property by any other developed property as well as the drainage naturally flowing through the property by reason of topography. Future upstream development shall be accounted for by assuming ultimate development when sizing drainage systems as specified in this section. e. Positive Overflow Pathways Storm Water Management Facilities for local drainage systems will be designed to ensure that a positive overflow pathway is provided to the nearest one hundred (100) year conveyance facility. The overflow pathway must be delineated on a plan that shows all existing structures in the vicinity impacted by the overflow pathway. f Maintenance L Maintenance of publicly owned facilities will be the responsibility of the City. Maintenance of private facilities is the responsibility of the property owner or the community association and must be specified in a maintenance schedule submitted to the City. A maintenance schedule for privately owned facilities must be approved by the Director of Public Works prior to the approval of construction drawings. ii. Authorized personnel from the City shall conduct periodic inspections of these facilities and structures. Any required repairs will be consistent with current construction standards. Maintenance issues identified by the City or State during inspections shall be the responsibility of the current owner. iii. If the current owner fails to address any maintenance issues identified by the City or State, then the City may perform required maintenance at the expense of the current owner. 13 -33 Article 13 — Land Disturbing Activities and Drainage Schertz Unified Development Code g. New Development Peak storm water runoff rates from all new development shall be less than or equal to the peak runoff rates from the site's predevelopment conditions for the five -year, twenty- five -year and one - hundred -year (100 -yr) design storm events, except as provided in subsection B.1, above. It. Redevelopment Peak storm water runoff rates from an area of redevelopment shall be less than or equal to the peak runoff rates produced by existing development conditions for the five -year, twenty- five -year and one hundred (100) year design storm events, except as provided in subsection B.1, above. C. Drainage Easements/Rights -of -Way 1. Where a subdivision is traversed by a watercourse, drainage way, natural channel or stream, there shall be provided an easement or right -of -way conforming substantially to the limit of such watercourse, plus additional width as outlined below. 2. Easements shall be the one hundred (100) year floodplain or the twenty- five -year plus freeboard (Public Works Specifications Manual) whichever is greater. In floodplain areas where ongoing maintenance is required or the floodplain will be reserved for use by the public, the drainage easements shall be maintained by a public entity and the property will be dedicated to the City as a multi -use drainage easement. A drivable access way shall be provided in floodplain easements for the length of the easement. Diversion of storm water away from the natural watercourse will not be allowed except within the boundaries of the property controlled by the developer, provided that the diverted water is returned to the watercourse within which it would naturally have been flowing prior to leaving the developer's property. An analysis of the timing of the diverted hydrograph on watersheds greater than twenty (20) acres, as it reenters the receiving watercourse, must be performed to show that the peak flow rate in the receiving watercourse has not been increased as a result of the diversion. 3. An unobstructed access right -of -way connecting the drainage easement with an alley or roadway parallel to or near the easement shall be provided at a minimum spacing of one (1) access right -of- way at approximately one thousand -foot intervals. The access 13 -34 Article 13 — Land Disturbing Activities and Drainage Schein Unified Development Code right -of -way shall be a minimum of fifteen (15) feet in width and shall be maintained clear of obstructions that would limit maintenance vehicular access. If the flow line of the designed channel incorporates grade control structures or vehicular bridges that would prevent maintenance equipment from accessing that portion of the channel, additional access points may be required. Channel design, earthen or concrete, shall have ramps in the side slopes near the access points that would allow maintenance equipment to descend to the floor level of the channel. The maximum allowable ramp slope for vehicular access is seven to one (7:1). Access points adjacent to roadways or alleys shall be provided with a post and cable feature with padlock to prevent unauthorized use. 4. For single family residential subdivisions, drainage easements crossing lots and property lines are prohibited. Drainage easements should be placed in separate common area lots. Fencing or other structures may be allowed across drainage easements only in accordance with the following restrictions: a. The fence or structure will not interfere with adequate drainage flow. b. Bottom of fence shall be a minimum of the flow depth, plus freeboard (see Public Works Specifications Manual) above design flow line of channel or drain. Fences located within drainage easements shall be equipped with a bar screen at the bottom to allow for proper drainage flow to be approved by the Driector of Public Works or his/her designee. C. A hinged gate will be placed across the entire width of the drainage easement. d. Fence posts located within the easement must be structurally designed to resist damage from the storm water flows and impact from debris. e. A Floodplain Development Permit will be required to construct a fence within an easement within the 100 -year floodplain. 5. Interceptor drainage easements and channels shall be provided where the drainage area to the back of platted lots exceeds the depth of one (1) platted residential lot or 120 feet whichever is greater. Interceptor drains shall be constructed prior to the issuing 13 -35 Article 13 —Land Disturbing Activities and Drainage Schertz Unified Development Code of building permits on any lot that would be affected by natural drainage being intercepted. 6. All developments shall provide for adequate drainage outfall at the lower end of the site into an existing street, alley, drainage, easements or right -of -way, or to the centerline of an existing natural drain. Where proposed street, storm sewer, or open channel does not discharge into a natural low or into an existing adequate drainage casement then facilities and drainage easements of adequate width to contain the design discharge shall be constructed and dedicated to the centerline of an existing natural low within the same watershed. However, where the natural low lies within the developer's property, the developer will be required only to plat an easement to natural low and include the design storage area for the volume of runoff, provided that the casement is adequate to accommodate the facilities that will be built in conjunction with the future development of that property to build out of the watershed. D. Site Design and Grading All land disturbing or land filling activities or soil storage shall be undertaken in a manner designed to minimize surface runoff, erosion and sedimentation, and to safeguard life, limb, property and the public welfare in accordance with the TPDES General Permit TXR150000, as amended, and the document entitled "Complying with the Edwards Aquifer Rules; Technical Guidance on Best Management Practices," by Michael E. Barrett, Ph.D., P.E. Center for Research in Water Resources, Bureau of Engineering Research, University of Texas at Austin, (RG -348, July 2005), which documents are hereby incorporated by this reference. 2. Erosion and sedimentation controls in accordance with the specifications established by the Director of Public Works in compliance with the Texas Pollutant Discharge Elimination System (TPDES) permitting requirements and the Public Works Specifications Manual are required. 3. Projects shall not be considered complete until restoration has been made in accordance with TPDES requirements. 4. Where possible, multiple uses of drainage facilities and open space shall be incorporated by the owner or developer of a new subdivision. Alternative uses such as public recreation, horse/bike/hiking trails, walking paths, nature preserves, wildlife 13 -36 Article 13 — Land Disturbing Activities and Drainage Schertz Unified Development Code habitat areas, etc. are encouraged subject to the approval of the Director of Public Works. 5. A note must be placed on the plat for residential lots, which states that finished floor elevations must be a minimum of eight (8) inches above final adjacent grade. A grading plan shall be prepared and submitted to the City, which indicates typical lot grading for all lots in the subdivision using typical FHA lot grading types (A, B and C). A more detailed grading plan is also acceptable. E. For projects or series of projects with an increased impervious area of greater than 0.1 acres, storm water detention shall mitigate peak flow rates to predevelopment or existing development conditions including the initial 0.1 acres increase as stated in sections 21.13A.B. of this Article. 1. The maximum allowable outflow rate from the detention facility must be restricted to the flow rate from the undeveloped or existing development tract for the five -year, twenty- five -year and one- hundred -year frequency. Best Management Practices shall be used in the design of detention facilities in accordance with this section. The timing of the hydrograph released from the detention facility must be checked against the timing of the flow rate in the first open watercourse to prevent any increase in the peak flow rate in the receiving watercourse. For detention basins constructed in -line on an existing watercourse, the creation of the basin shall not increase flood elevations in the channel upstream of the new development boundaries. 2. On -site detention facilities must be privately owned and shall be maintained by the community association or property owner. A maintenance schedule shall be submitted to the Public Works Department and approved by the Director of Public Works prior to approval of construction plans. The City will have the right to do periodic inspections of privately owned and maintained detention facilities to ensure that the maintenance schedule is being implemented. 3. Multi -use facilities are encouraged, but not required (multi -use facilities allows for water quality, satisfy TPDES requirements, enhance ground water recharge, provide open space, provide recreation or other amenities, and /or provide habitat) and may be utilized so long as the facility meets the standards set forth in subsection (B.l.a) of this section and does not increase the rate or volume of erosion above that which would result from the use of a facility without multiple uses. The use of multi -use detention facilities to alleviate existing flooding problems, enhance and provide amenities for older neighborhoods, and support the 13 -37 Article 13 —Land Disturbing Activities and Drainage Schertz Unified Development Code revitalization of economically depressed areas is encouraged in public and private redevelopment initiatives. 4. Storm water retention with permanent wet pool or pumped detention systems will not be acceptable methods of storm water mitigation unless the facility will remain privately owned, operated, and maintained. The City will approve the use of a pumped facility for private use under the following conditions: a. A gravity system is not feasible from an engineering and economic standpoint. b. At least two (2) pumps are provided each of which is sized to pump the design flow rate. C. The selected design outflow rate must not aggravate downstream flooding. d. Controls and pumps shall be designed to prevent unauthorized operation and vandalism. C. Adequate assurance is provided that the system will be operated and maintained on a continuous basis. 5. All storm water detention facilities considered to be dams as defined by Texas Commission on Environmental Quality (TCEQ) shall conform to any applicable law, regulation, and ordinance of any regulatory entity and the following criteria: a. All dams shall be approved by the Dam Safety Team of the Texas Commission on Environmental Quality (TCEQ) for safety. All other new dams shall be designed in accordance with acceptable design criteria as approved by the Director of Public Works, or his authorized representative. b. All hydrology and hydraulic properties of a dam will be reviewed by the Department of Public Works with regard to spillway design, freeboard hydraulics, backwater curves and downstream effects due to the dam site. C. The spillway section of any earthen dam with a height greater than six (6) feet shall be large enough to pass a PMP (probable maximum precipitation) flood, as defined by the NRCS, without overtopping the crest of the dam in accordance with TCEQ regulations. d. A 100 -year frequency flood shall be routed through the proposed dam and all land subject to flooding shall be 13 -38 Article 13 —Land Disturbing Activities and Drainage Schertz Unified Development Code dedicated as drainage easement or right -of -way. An unobstructed fifteen -foot access easement around the periphery of the flooded area shall be dedicated as drainage easement for facilities that require regular mowing or other ongoing maintenance, at the discretion of the Director of Public Works. An unobstructed fifteen -foot access right -of- way shall be established which connects the drainage easement adjacent to the dam structure to a road or alley. e. Development below existing dams will take into account the original design conditions of the existing dam. Dam breach analysis checks will be required, dependent upon location of development with respect to dam site. f. All spillway discharges shall be adequately routed to the centerline of the natural low below the dam site. The adequate routing of spillway discharges pertains to the hydraulic routing of the one hundred (100) year frequency flood for dedication of drainage easement limits. Probable maximum precipitation (PMP) defined PMP on definition section flood routing or breaches will only be considered for safety considerations (that is, the placement of building and the setting of minimum floor slab elevations below the dams). Any proposed concrete dam structure need not have spillway capable of routing a PMP flood, however, it shall be shown to be structurally capable of withstanding any range of flood conditions with regard to possible failure due to sliding, overturning, and structural integrity, up to and including the PMP flood. 21.13.5 Control of Storm Water Run -off A. Procedure for Submittal of a Storm Water Management Plan To standardize the review process and minimize the time for approval by the City during review of any applications indicated in Section 21.13.4.A of this Article, a complete submittal regarding the analysis of existing drainage conditions and the design of modifications or new drainage facilities is necessary. The owner of the property to be developed is required by the Director of Public Works to provide, at the owner's expense and as a condition of construction plan approval, a Storm Water Management Plan (SWMP) for the total development area to be ultimately constructed. The SWMP shall contain all of the necessary support data, methodologies used in calculations, and conclusions as required by the Public Works Specifications Manual (Section 4.3). A checklist is found in the Public Works Specifications Manual (Section 6) that will be used by the City reviewer as a guide during the evaluation of all SWMPs 13 -39 Article 13 — Land Disturbing Activities and Drainage Schertz Unified Development Code submitted to the City. The purpose of the checklist is to expedite the review process for both the engineer and the City, and to aid the engineer in the preparation of reports for the City's review. The SWNIP shall be submitted to the Director of Public Works or his/her designee prior to approval of any construction plans. B. Purpose and Intent The purpose of the Ordinance for the Control of Storm Water Run -off ("this Ordinance ") is to establish minimum storm water management requirements and controls to protect and safeguard the general health, safety, and welfare of the public residing in watersheds within this jurisdiction. This Ordinance seeks to meet that purpose through the following objectives: Minimize storm water run -off from any property in order to reduce flooding, siltation, increases in stream temperature, stream bank erosion and maintain the integrity of stream channels. 2. Minimize nonpoint source pollution caused by storm water run -off from property which would otherwise degrade local water quality. 3. Minimize the total annual volume of surface water run -off which flows from any specific site during and following development to not exceed the pre- development hydrologic regime to the maximum extent practicable. 4. Reduce storm water run -off rates and volumes, soil erosion and nonpoint source pollution, through storm water management controls and to ensure that these management controls are properly maintained and pose no threat to public safety. C. Applicability This Ordinance shall be applicable to all territory within the corporate limits and extraterritorial jurisdiction of the City including any developed and undeveloped land unless explicitly exempted by Section 4 of this Ordinance or an authorized state or federal enforcement agency. This Ordinance also applies to land development activities that are smaller than the minimum applicability criteria if such activities are part of a larger common plan of development that meets the following applicability criteria, even though multiple separate and distinct land development activities may take place at different times on different schedules. In addition, all plans may also be reviewed by local environmental protection officials to ensure that established water quality standards will be maintained during and after development of the site and that post 13 -40 Article 13 — Land Disturbing Activities and Drainage Schein Unified Development Code construction run -off levels are consistent with any local and regional watershed plans. To prevent the adverse impacts of storm water run -off, the City has developed a set of performance standards that must be met by new developments. These standards apply to any construction activity disturbing one (1) acre or more of land. The following activities may be exempt from these storm water performance criteria: Any emergency activity that is immediately necessary for the protection of life, property, or natural resources. Public Works must be notified within 24 hours of such activities. 2. The removal of underbrush, dead trees, and diseased or damaged trees which constitute a hazard to life and property based upon field inspection verification. 3. Grading and clearing practices associated with agricultural operations, excluding timber cutting, grading cuts or fills, and work within designated special flood hazard area. D. Responsibility for Administration Public Works shall administer, implement, and enforce the provisions of this Ordinance. Any powers granted or duties imposed upon the authorized enforcement agency may be delegated in writing by the Director of Public Works or his/her designee to persons or entities acting in the beneficial interest of the City. Whenever the requirements of this Ordinance are in conflict with the requirements of any other adopted rules, regulations, or ordinances, the requirement that is most restrictive or that imposes the higher standards, as determined by the Director of Public Works or his/her designee, shall apply. E. Ultimate Responsibility The issuance of any permit, certificate, or approval in accordance with the standards and requirements of this Ordinance shall not relieve the recipient of such permit, certificate, or approval from the responsibility of complying with all other applicable requirements of any other municipality, county, special district, state or federal agency having jurisdiction over the storm drainage system for which the permit, certificate or approval was issued. This Ordinance does not intend or imply that compliance by any person will ensure that there will not be contamination, pollution, or unauthorized discharge of pollutant. F. Development of a Storm Water Design Manual 13 -41 Article 13 — Land Disturbing Activities and Drainage Scherer Unified Development Code The City may furnish additional policy, criteria, and information including specifications and standards, for the proper implementation of the requirements of this Ordinance and may provide such information in the form of a Storm Water Design Manual as part of the Public Works Specifications Manual. This manual will include a list of acceptable storm water treatment practices, including the specific design criteria and operation and maintenance requirements for each storm water practice. The manual may be updated and expanded at the discretion of the local review authority, based on improvements in engineering, science, monitoring, and local maintenance experience. Storm water treatment practices that are designed and constructed in accordance with these design and sizing criteria will be presumed to meet the minimum water quality performance standards of the City. G. Permit Required No land owner or land operator shall receive a Grading and Clearing Permit, Development Permit or Construction Permit, required for land disturbance activities, without first meeting the requirements of this Ordinance prior to commencing the proposed activity. H. Application Requirements Unless specifically excluded by this Ordinance, any land owner or operator desiring a permit for a land disturbance activity shall submit to the City a permit application on a form provided for that purpose. Unless otherwise excluded by this Ordinance, a permit application must be accompanied by the following: 1. A storm water management concept plan. 2. A maintenance agreement. 3 A non - refundable permit review fee. The storm water management plan and maintenance agreement shall be prepared to meet at minimum the requirements of this Ordinance, the Public Works Specifications Manual, the Unified Development Code, and any other applicable law, code, or ordinance. The fees shall be established by the City in the current fee schedule at the time of application submittal, or as required in this Ordinance. The City may, at its discretion, require the submittal of a performance bond/escrow in the amount of $1,000 /acre prior to the issuance of a permit in order insure that the storm water management practices as required by 13 -42 Article 13 — Land Disturbing Activities and Drainage Schertz Unified Development Code the plans approved for the permit are installed and maintained by the permit holder for the duration of the construction activity. The performance bond or escrow will not be released until all land disturbed by construction activity has 85% coverage of approved vegetation as determined by the Director of Public Works or his /her designee. I. Application Review Fees The fee for review of any land development application shall be based on the amount of land to be disturbed at the site, and the fee structure shall be established by the City. All of the monetary contributions shall be credited to a local budgetary category to support local plan review, inspection, and program administration. Payment shall be made prior to the issuance of any permit for the development. J. Application Procedure 1. Applications for land disturbance activity permits must be filed with the Inspections Department on any regular business day. 2. A copy of this permit application shall be forwarded to the appropriate department(s) for review. 3. Permit applications shall include the following; two copies of the storm water management concept plan, two copies of the maintenance agreement, one copy of the storm water management concept plan, and the maintenance agreement in PDF on a CD/DVD, and any required review fees. 4. Within 30 days of the receipt of a complete permit application, including all documents as required by this Ordinance, the City shall inform the applicant whether the application, plan, and maintenance agreement are approved or disapproved. 5. If the permit application, storm water management plan, or maintenance agreement are disapproved, the applicant may revise the storm water management plan or agreement. If additional information is submitted, the City shall have 30 days from the date the additional information is received to inform the applicant that the plan and maintenance agreement are either approved or disapproved. K. Permit Duration Permits issued under this section shall be valid from the date of issuance through the date of completion as specified on each individual permit. It 13 -43 Article 13 —Land Disturbing Activities and Drainage Schertz Unified Development Code is the responsibility of the applicant to ensure that all storm water management practices have passed the final inspection required under the permit's conditions, or an extension has been approved if applicable by the date of completion of the permit. L. Waivers for Providing Storm Water Management 1. Every applicant shall provide for storm water management as required by this Ordinance, unless a written request is filed to waive this requirement. Requests to waive the storm water management plan requirements shall be submitted to the City for approval. The minimum requirements for storm water management may be waived in whole or in part upon written request of the applicant, provided that at least one of the following conditions applies: a. It can be demonstrated that the proposed development is not likely to impair attainment of the objectives of this Ordinance. b. Alternative minimum requirements for on -site management of storm water discharges have been established in a storm water management plan that has been approved by the City and the implementation of the plan is required by local ordinance. C. Provisions are made to manage storm water by an off -site facility. The off -site facility is required to be in place and be designed and adequately sized to provide a level of storm water control that is equal to or greater than that which would be afforded by on -site practices and there is a legally obligated entity responsible for long -term operation and maintenance of the storm water practice. d. The City determines that meeting the minimum on -site management requirements is not feasible due to the natural or existing physical characteristics of a site. C. Non - structural practices will be used on the site that reduces: 1.) the generation of storm water from the site, 2.) the size and cost of storm water storage and 3.) the pollutants generated at the site. These non- structural practices are explained in detail in the current design manual and the amount of credit available for using such practices shall be determined by the City. 13 -44 Article 13 — Land Disturbing Activities and Drainage Schertz Unified Development Code 2. In instances where one of the conditions above applies, the City may grant a waiver from strict compliance with these storm water management provisions, as long as acceptable mitigation measures are provided. However, to be eligible for a variance, the applicant must demonstrate to the satisfaction of the City that the variance will not result in the following impacts to downstream waterways: a. Deterioration of existing culverts, bridges, dams, and other structures. b. Degradation of biological functions or habitat. C. Accelerated stream bank or stream bed erosion or siltation. d. Increased threat of flood damage to public health, life, safety, and /or property. 3. Furthermore, where compliance with minimum requirements for storm water management is waived, the applicant will satisfy the minimum requirements by meeting one of the mitigation measures selected by the jurisdictional storm water authority. Mitigation measures may include, but are not limited to, the following: a. The purchase and donation of privately owned lands, or the grant of an easement to be dedicated for preservation and/or reforestation. These lands should be located adjacent to the stream corridor in order to provide permanent buffer areas to protect water quality and aquatic habitat. b. The creation of a storm water management facility or other drainage improvements on previously developed properties, public or private, that currently lack storm water management facilities designed and constructed in accordance with the purposes and standards of this Ordinance. C. Monetary contributions (fee -in -lieu) to fund storm water management activities such as research and studies (e.g., regional wetland delineation studies, stream monitoring studies for water quality and macro - invertebrates, stream flow monitoring, threatened and endangered species studies, hydrologic studies, and monitoring of storm water management practices). 13 -45 Article 13—Land Disturbing Activities and Drainage Schertz Unified Development Code 4. The City Manager or his/her designee may authorize waivers from the provisions of this Ordinance when, in his/her opinion, undue hardship will result from requiring strict compliance. In granting a waiver, the City Manager shall prescribe only conditions that he /she deems necessary or desirable to the public interest. In making his/her findings, the City Manager shall take into account the nature of the proposed use of the land involved and existing uses of land in the vicinity, the number of persons who will reside or work in the proposed subdivision, and the probable effect of such waivers upon traffic conditions and upon the public health, safety, convenience, and welfare in the vicinity. Waivers shall not be granted unless the City Manager finds: a. That the granting of the waiver will not be detrimental to the public health, safety, or welfare, or injurious to other property in the area, and will not violate any applicable law or ordinance of any regulatory entity. b. That the granting of the waiver will be in harmony with the general put-pose and intent of the UDC and any other applicable code or ordinance so that the public health, safety, and welfare may be secured and justice done. 5. Such findings of the City Manager, together with the specified facts upon which such findings are based, shall be incorporated into the official records of any related permit for which such waiver is granted. 6. The City Manager may establish a time period for execution of each granted waiver. Any decision of the City Manager or his/her designee regarding waivers to the provisions of this Ordinance may be appealed to the City Council. When considering an appeal, the City Council shall consider the same standards as the City Manager, as outlined above. M. Fee in Lieu of Storm Water Management Practices Where the City waives all or part of the minimum storm water management requirements, or where the waiver is based on the provision of adequate storm water facilities provided downstream of the proposed development, the applicant shall be required to pay a fee in an amount as determined by the City. When an applicant obtains a waiver of the required storm water management, the monetary contribution required shall not exceed the proportionate cost of his/her contribution to the system discharged into (unless the applicant and storm water authority reach an agreement on a greater alternate contribution). All of the monetary contributions shall be credited to an appropriate capital 13 -46 Article 13.— Land Disturbing Activities and Drainage Schertz Unified Development Code improvements program project, and shall be made by the developer prior to the issuance of any permit for development. N. Dedication of Land In lieu of a monetary contribution, an applicant may obtain a waiver of the required storm water management by entering into an agreement with the City for the granting of an easement or the dedication of land by the applicant, to be used for the construction of an off -site storm water management facility. The agreement shall be entered into by the applicant and the City prior to the recording of plats or, if no record plat is required, prior to the issuance of the building permit. O. General Performance Criteria for Storm Water Management Unless judged by the City to be exempt or by waiver, the following performance criteria shall be addressed for storm water management at all sites: All site designs shall establish storm water management practices to control the peak flow rates of storm water discharge associated with specified design storms and reduce the generation of storm water. These practices should seek to utilize pervious areas for storm water treatment and to infiltrate storm water run -off from driveways, sidewalks, rooftops, parking lots, and landscaped areas to the maximum extent practical to provide treatment for both water quality and quantity. 2. All storm water run -off generated from new development shall not discharge untreated storm water directly into a jurisdictional wetland or local water body without adequate treatment. Where such discharges are proposed, the impact of the proposal on wetland functional values shall be assessed using a method acceptable to the City. In no case shall the impact on functional values be any less than allowed by the United States Army Corp of Engineers (USACE) or the Texas Commission of Environmental Quality (TCEQ) responsible for natural resources. Annual groundwater recharge rates shall be maintained by promoting infiltration through the use of structural and non- structural methods. 4. For new development, structural storm water treatment practices (STP) shall be designed to remove the average annual post development total suspended solids load (TSS). It is presumed that a STP complies with this performance standard if it is: 13 -47 Article 13 — Land Disturbing Activities and Drainage Sclrertz Unified Development Code a. Sized to capture the prescribed water quality volume (WQA b. Designed according to the specific performance criteria outlined in the local storm water design manual. C. Constructed properly and maintained regurlarly. 5. To protect stream channels from degradation, specific channel protection criteria shall be provided as prescribed in the current storm water manual. 6. Storm water discharges to critical areas with sensitive resources (i.e. Edwards Aquifer regulated zones and other water supply reservoirs) will be required to meet the requirements of the Edwards Aquifer Protection Program. 7. Certain industrial sites are required to prepare and implement a storm water pollution prevention plan, and shall file a notice of intent (NOI) under the provisions of the Texas Pollutant Discharge Elimination System (TPDES) general permit. The storm water pollution prevention plan requirement applies to both existing and new industrial sites. Storm water discharges from land uses or activities with higher potential pollutant loadings, known as "hotspots ", may require the use of specific structural storm water treatment practice (STPs) and pollution prevention practices. Prior to design, applicants are required to consult with the City to determine if they are subject to additional storm water design requirements. 10. The calculations for determining peak flows as found in the Public Works Specification Manual shall be used for sizing all storm water management practices. P. Minimum Control Requirements All storm water management practices will be designed so that the specific storm frequency storage volumes (e.g., recharge, water quality, channel protection, 5 year, 25 year, 100 year) as identified in the current storm water design manual are met, unless the City grants the applicant a waiver or the applicant is exempt from such requirements. 13 -48 Article 13 — Land Disturbing Activities and Drainage Schertz Unified Development Code In addition, if hydrologic or topographic conditions warrant greater control than that provided by the minimum control requirements, the City reserves the right to impose any and all additional requirements deemed necessary to control the volume, timing, and rate of run -off. Q. Site Design Feasibility Storm water management practices for a site shall be chosen based on the physical conditions of the site. Among the factors that should be considered: 1. Topography 2. Maximum Drainage Area 3. Depth to Water Table 4. Soils 5. Slopes 6. Terrain 7. Head 8. Location in relation to environmentally sensitive features or ultra - urban areas R. Conveyance Issues All storm water management practices shall be designed to convey storm water to allow for the maximum removal of pollutants and reduction in flow velocities. This shall include, but not be limited to: 1. Maximizing of flowpaths from inflow points to outflow points 2. Protection of inlet and outfall structures 3. Elimination of erosive flow velocities 4. Providing of underdrain systems, where applicable The Storm Water Design Manual shall provide detailed guidance on the requirements for conveyance for each of the approved storm water management practices. 13 -49 Article 13 — Land Disturbing Activities and Drainage Schertc Unified Development Code S. Treatment/Geometly Conditions All storm water management practices shall be designed to capture and treat storm water run -off according to the specifications outlined in the Storm Water Design Manual. These specifications will designate the water quantity and quality treatment criteria that apply to an approved storm water management practice. T. Landscaping Plans Required All storm water management practices must have a landscaping plan detailing both the vegetation to be in the practice and how and who will manage and maintain this vegetation. U. Maintenance Agreements All storm water treatment practices shall have an enforceable operation and maintenance agreement to ensure the system functions as designed. This agreement will include any and all maintenance easements required to access and inspect the storm water treatment practices, and to perform routine maintenance as necessary to ensure proper functioning of the storm water treatment practice. In addition, a legally binding covenant specifying the parties responsible for the proper maintenance of all storm water treatment practices shall be secured prior to issuance of any permits for land disturbance activities. V. Non - Structural Storm Water Practices The use of non - structural storm water treatment practices is encouraged in order to minimize the reliance on structural practices. Credit in the form of reductions in the amount of storm water that must be managed can be earned through the use of non-structural practices that reduce the generation of storm water from the site. These non - structural practices are explained in detail in the current design manual and applicants wishing to obtain credit for use of non - structural practices must ensure that these practices are documented and remain unaltered by subsequent property owners. W. Storm Water Management Plan Required for All Developments No application for development will be approved unless it includes a stolen water management plan detailing in concept how run -off and associated water quality impacts resulting from the development will be controlled or managed. This plan must be prepared by an individual approved by the City, must indicate whether storm water will be managed on -site or off -site and the general location and type of practices. 13 -50 Article 13 — Land Disturbing Activities and Drainage Schertz Unified Development Code The storm water management plan(s) shall be referred for comment to all other interested agencies, and any comments must be addressed in a final storm water management plan. This final plan must be signed by a licensed professional engineer (PE), who will verify that the design of all storm water management practices meet the submittal requirements outlined in the Submittal Checklist found in the storm water design manual. No Grading and Clearing Permit, Development Permit or Construction Permit shall be issued until a satisfactory final Storm Water Management Plan, or a waiver thereof, shall have undergone a review and been approved by the City after determining that the plan or waiver, is consistent with the requirements of this Ordinance. X. Storm Water Management Concept Plan Requirements A storm water management concept plan shall be required with all permit applications and will include sufficient information (i.e, maps, hydrologic calculations, etc) to evaluate the environmental characteristics of the project site, the potential impacts of all proposed development of the site, both present and future, on the water resources, and the effectiveness and acceptability of the measures proposed for managing storm water generated at the project site. The intent of this conceptual planning process is to determine the type of storm water management measures necessary for the proposed project, and ensure adequate planning for management of storm water run -off from future development. To accomplish this goal the following information shall be included in the concept plan: A map (or maps) indicating the location of existing and proposed buildings, roads, parking areas, utilities, structural storm water management and sediment control facilities. The map(s) will also clearly show proposed land use with tabulation of the percentage of surface area to be adapted to various uses; drainage patterns; locations of utilities, roads and easements; the limits of grading and clearing; a written description of the site plan and justification of proposed changes in natural conditions may also be required. 2. Sufficient engineering analysis to show that the proposed storm water management measures are capable of controlling run -off from the site in compliance with this Ordinance and the specifications of the Storm Water Design Manual. 3. A written or graphic inventory of the natural resources at the site and surrounding area as it exists prior to the commencement of the project and a description of the watershed and its relation to the project site. This description should include a discussion of soil conditions, forest cover, topography, wetlands, and other native 13 -51 Article 13 —Land Disturbing Activities and Drainage Schertz Unified Development Code vegetative areas on the site. Particular attention should be paid to environmentally sensitive features that provide particular opportunities or constraints for development. 4. A written description of the required maintenance burden for any proposed storm water management facility. 5. The City may also require a concept plan to consider the maximum development potential of a site under existing zoning, regardless of whether the applicant presently intends to develop the site to its maximum potential. Y. Final Storm Water Management Plan Requirements After review of the storm water management concept plan, and modifications to that plan as deemed necessary by the City, a final storm water management plan must be submitted for approval. The final storm water management plan, in addition to the information from the concept plan, shall include all of the information required in the Storm Water Management Plan checklist found in the Storm Water Design Manual. Z. Performance Bond/Escrow 1. The City may, at its discretion, require the submittal of a performance escrow or bond prior to issuance of any permit in order to insure that the storm water practices are installed by the permit holder as required by the approved storm water management plan. The amount of the performance bond /escrow and the forfeiture provisions for failure to complete work specified in the storm water management plan shall be in accordance with Section 8 of this Ordinance. 2. The performance bond /escrow shall be released in full only upon submission of "as -built plans ", quantity and cost of any public storm water conveyance facilities, 85% coverage of vegetation of all disturbed areas, and written certification by a registered professional engineer that the storm water practice has been installed in accordance with the approved plan and other applicable provisions of this Ordinance. 4. The City will make a final inspection of the storm water practice to ensure that it is in compliance with the approved plan and the provisions of this Ordinance. Provisions for a partial pro -rata release of the performance security based on the completion of various development stages can be done at the discretion of the City. 13 -52 Article 13 —Land Disturbing Activities and Drainage Scherrc Unified Development Code AA. Notice of Construction Commencement The applicant must notify the City at least two business days in advance before the commencement of construction. Regular inspections of the storm water management system construction shall be conducted by the staff or certified by a professional engineer or their designee who has been approved by the jurisdictional storm water authority. All inspections shall be documented and written reports prepared that contain the following information: a. The date and location of the inspection. b. Whether construction is in compliance with the approved storm water management plan. C. Variations from the approved construction specifications. d. Any violations that exist. 2. If any violations are found, the property owner shall be notified in writing of the nature of the violation and the required corrective actions. No added work shall proceed until any violations are corrected and all work previously completed has received approval by the City. BB. As -Built Plans All applicants are required to submit actual "as- built" plans for any storm water management practices located on -site after final construction is completed. The plan must show the final design specifications for all storm water management facilities and must be certified by a professional engineer. A full size set of as- builts and one copy PDF on CD/DVD as well as final inspection by the City is required before the release of any performance securities can occur. CC. Landscaping and Stabilization Requirements Any area of land from which the natural vegetative cover has been either partially or wholly cleared or removed by development activities shall be revegetated within ten (10) days from the substantial completion of such clearing and construction. The following criteria shall apply to revegetation efforts: 13 -53 Article 13 — Land Disturbing Activities and Drainage Schertz Unified Development Code 1. Reseeding must be done in accordance with the criteria established in the Public Works Specification Manual to control erosion until such time as the cover crop is established over eighty-five percent (85n/o) of the seeded area. 2. Replanting with native woody and herbaceous vegetation must be accompanied by placement of straw mulch or its equivalent of sufficient coverage to control erosion until the plantings are established and are capable of controlling erosion. 3. In addition to the above requirements, a landscaping plan must be submitted with the final design describing the vegetative stabilization and management techniques to be used at a site after construction is completed. This plan will explain not only how the site will be stabilized after construction, but who will be responsible for the maintenance of vegetation at the site and what practices will be employed to ensure that adequate vegetative cover is preserved. This plan must be approved prior to receiving a permit. 4. In order to file a plat before establishing 85% coverage of approved vegetation on all land disturbed by construction activity, a performance bond/escrow must be submitted to and accepted by the City in accordance with Section 25 of this Ordinance. DD. Maintenance Easement Prior to the issuance of any permit that has an storm water management facility as one of the requirements of the permit, the applicant or owner of the site must execute a maintenance easement agreement that shall be binding on all subsequent owners of land served by the storm water management facility. The agreement shall provide for access to the facility at reasonable times for periodic inspection by the City, or their contractor or agent, and for regular or special assessments of property owners to ensure that the facility is maintained in proper working condition to meet design standards and any other provisions established by this Ordinance. The easement agreement shall be recorded prior to final plat approval or prior to any building permit issued within the development, whichever is sooner. EE. Maintenance Covenants 1. Maintenance of all storm water management facilities shall be ensured through the creation of a formal maintenance covenant that must be approved by the City and recorded into the land record prior to construction plan approval. As part of the 13 -54 Article 13 —Land Disturbing Activities and Drainage Schertz Unified Development Code covenant, a schedule shall be developed for when and how often maintenance will occur to ensure proper function of the storm water management facility. The covenant shall also include plans for periodic inspections to ensure proper performance of the facility between scheduled cleanouts. 2. The City, in lieu of a maintenance covenant, may accept dedication of any existing or future storm water management facility for maintenance, provided such facility meets all the requirements of the Public Works Specifications Manual and the Unified Development Code and includes adequate and perpetual access and sufficient area, by easement or otherwise, for inspection and regular maintenance. FF. Requirements for Maintenance Covenants All storm water management facilities will be subject to, at the minimum, an annual inspection to document maintenance and repair needs and ensure compliance with the requirements of this Ordinance and accomplishment of its purposes. These needs may include; removal of silt, litter and other debris from all catch basins, inlets and drainage pipes, grass cutting and vegetation removal, and necessary replacement of landscape vegetation. Any maintenance needs found must be addressed in a timely manner, as determined by the City, and the inspection and maintenance requirement may be increased as deemed necessary to ensure proper functioning of the storm water management facility. GG. Inspection Storm Water Facilities Inspection programs may be established on any reasonable basis, including but not limited to: routine inspections; random inspections; inspections based upon complaints or other notice of possible violations; inspection of drainage basins or areas identified as higher than typical sources of sediment or other contaminants or pollutants; inspections of businesses or industries of a type associated with higher than usual discharges of contaminants or pollutants or with discharges of a type which are more likely than the typical discharge to cause violations of state or federal water or sediment quality standards or the TPDES storm water permit; and joint inspections with other agencies inspecting under environmental or safety laws. Inspections may include, but are not limited to: reviewing maintenance and repair records; sampling discharges, surface water, groundwater, and material or water in drainage control facilities; and evaluating the condition of drainage control facilities and other storm water treatment practices. HH. Right -of -Entry for Inspection 13 -55 Article 13—Land Disturbing Activities and Drainage Schertz Unified Development Code When any new drainage control facility is installed on private property, or when any new connection is made between private property and a public drainage control system, sanitary sewer or combined sewer, the property owner shall grant to the City the right to enter the property at reasonable times and in a reasonable manner for the purpose of inspection. This includes the right to enter a property when it has a reasonable basis to believe that a violation of this Ordinance is occurring or has occurred, and to enter when necessary for abatement of a public nuisance or correction of a violation of this Ordinance. II. Records of Installation and Maintenance Activities Parties responsible for the operation and maintenance of a storm water management facility shall make records of the installation and of all maintenance and repairs, and shall retain the records for at least 3 years. These records shall be made available to the City during inspection of the facility and at other reasonable times upon request. JJ. Failure to Maintain Practices If a responsible party fails or refuses to meet the requirements of the maintenance covenant, the City, after reasonable notice, may correct a violation of the design standards or maintenance needs by performing all necessary work to place the facility in proper working condition. In the event that the storm water management facility becomes a danger to public safety or public health, the City shall notify the party responsible for maintenance of the storm water management facility in writing. Upon receipt of that notice, the responsible person shall have 60 days to effect maintenance and repair of the facility in an approved manner. After proper notice, the City may assess the owner(s) of the facility for the cost of repair work and any penalties; and the cost of the work shall be a lien on the property, or prorated against the beneficial users of the property, and may be placed on the tax bill and collected as ordinary taxes by the county. KK. Violations Any development activity that is commenced or is conducted contrary to this Ordinance, may be restrained by injunction or otherwise abated in a manner provided by law. LL. Notice of Violations When the City determines that an activity is not being carried out in accordance with the requirements of this Ordinance, it shall 13 -56 Arliele 13 — Land Disturbing Activities and Drainage Schertz Unified Development Code issue a written notice of violation to the owner of the property. The notice of violation shall contain: a. The name and address of the owner or the applicant or the responsible person. b. The address or other description of the site upon which the violation is occurring. C. A statement specifying the nature of the violation. d. A description of the remedial measures necessary to bring the action or inaction into compliance with the permit, the storm water management plan, the storm water maintenance agreement, or this Ordinance and the date for the completion of such remedial action. e. A statement of the penalty or penalties that may be assessed against the person to whom the notice of violation is directed. f. A statement that the determination of violation may be appealed to the City Council of the City by filing a written notice of appeal within five (5) business days after the notice of violation (except, that in the event the violation constitutes an immediate danger to public health or public safety, 24 hours notice shall be sufficient). 2. The City may recover all attorneys' fees, court costs, and other expenses associated with enforcement of this Ordinance, including sampling and monitoring expenses. MM. Stop Work Orders Persons receiving a notice of violation will be required to halt all construction activities not directly related to the actions necessary to restore compliance with this Ordinance. This "stop work order" will be in effect until the City confirms that the development activity is in compliance and the violation has been satisfactorily addressed. Failure to address a notice of violation in a timely manner can result in civil, criminal, or monetary penalties in accordance with the enforcement measures authorized in this Ordinance. NN. Civil and Criminal Penalties 13 -57 Article 13 —Land Disturbing Activities and Drainage Schertz Unified Development Code In addition to or as an alternative to any penalty provided herein or by law, any person who violates the provisions of this Ordinance shall be deemed guilty of a class "C" misdemeanor and each day during which any violation of any of the provisions of this Ordinance is committed, continued, or permitted, shall constitute a separate offense. Upon conviction of any such violation, such person, partnership, or corporation may be punished by and fined a minimum amount of not less than two hundred dollars ($200.00) per violation and a maximum amount of not more than two thousand dollars ($2,000.00) per violation. In addition to any other penalty authorized by this section, any person, partnership, or corporation convicted of violating any of the provisions of this Ordinance shall be required to bear the expense of such restoration. A civil penalty in an amount not to exceed five hundred dollars ($500.00) per violation of this Ordinance may be imposed. Each violation of a particular section of this Ordinance shall constitute a separate offense, and each day such an offense continues shall be considered a new violation for purposes of enforcing this Ordinance. 00. Restoration of Lands Any violator may be required to restore land to its undisturbed condition. In the event that restoration is not undertaken within a reasonable time after notice, the City may take necessary corrective action, the cost of which shall be borne by the owner and may become a lien upon the property until paid. PP. Holds on Occupancy Permits Occupancy permits will not be granted or may be revoked until all corrections to all storm water practices have been made and accepted by the City. 21.13.6 Illicit A. Purpose and Connection The purpose and intent of this Section is to provide for the health, safety, and general welfare of the citizens of the City of Schertz ( "the City") through the regulation of non -storm water discharges to the storm drainage system as required by the Texas Pollutant Discharge Elimination System (TPDES) permit and state law. The objectives are to regulate the contribution of pollutants to the storm drainage system by storm water discharges of any user, to prohibit illicit discharges and connections to the storm drainage system, to establish legal authority to carry out all inspection, surveillance, and monitoring procedures necessary to ensure compliance with this Ordinance, and to establish penalties for violations of this Ordinance. The provisions of this Ordinance shall be interpreted and 13 -58 Article 13 — Land Disturbing Activities and Drainage Schertz Unified Development Code applied as the minimum requirements for the promotion of public health, safety and general welfare. B. Applicability This Section shall apply to all discharges entering the storm drainage system generated on any developed and undeveloped lands within the corporate limits of the City or in the extraterritorial jurisdiction unless explicitly exempted by Public Works or an authorized state or federal enforcement agency. C. Responsibility for Administration Public Works shall administer, implement, and enforce the provisions of this Ordinance. Any powers granted or duties imposed upon the authorized enforcement agency may be delegated in writing by the Director of Public Works or his/her designee to persons or entities acting in the beneficial interest in the employ of the City. Whenever the requirements of this Ordinance are in conflict with the requirements of any other lawfully adopted rules, regulations, or ordinances, the requirement that is most restrictive or that imposes the higher standards, as determined by the Director of Public Works or his /her designee shall apply. D. Ultimate Responsibility The issuance of any permit, certificate or approval in accordance with the standards and requirements of this Ordinance shall not relieve the recipient of such permit, certificate or approval from the responsibility of complying with all other applicable requirements of any other municipality, county, special district, state or federal agency having jurisdiction over the storm drainage system for which the permit, certificate or approval was issued. This Ordinance does not intend or imply that compliance by any person will ensure that there will not be contamination, pollution, or unauthorized discharge of pollutants. E. Prohibitions Prohibition of Illegal Discharges No person shall discharge or cause to be discharged into the storm drain system or watercourse any materials, including but not limited to pollutants or waters containing any pollutants that cause or contribute to a violation of applicable water quality standards, other than storm water. The commencement, conduct, or continuance of any illegal discharge to the storm drainage system is prohibited except as described as follows: 13 -59 Article 13 —Land Disturbing Activities and Drainage Schertz Unified Development Code a. The following are exempt discharges not prohibited by the establishment of this Ordinance: uncontaminated water line flushing or other potable water sources, landscape irrigation or lawn watering, diverted stream flows, rising ground water, ground water infiltration to storm drains, uncontaminated pumped ground water, foundation or footing drains (not including active ground water dewatering systems), crawl space pumps, air conditioning condensation, springs, individual, noncommercial washing of vehicles, natural riparian habitat or wetland flows, fire hydrant flushing, firefighting activities, and any other water source not containing pollutants of concern or other materials as described in this Ordinance. b. Discharges from swimming pools are generally not allowed unless: de- chlorinated to less than 1 ppm chlorine or discharged through the yard of the property on which it is located, and does not cross adjacent property, to aid in dissipating the chlorine and notification to the Public Works Department at least one business day in advance of discharge. C. Discharges specified in writing by the Director of Public Works or his/her designee as being necessary to protect public health and safety. d. Dye testing is an allowable discharge, but requires written approval from the Director of Public Works or his/her designee and all other applicable enforcement agencies prior to the time of the test. C. The prohibition shall not apply to any non -storm water discharge permitted under an TPDES permit, waiver, or waste discharge order issued to the discharger and administered under the authority of the Federal Environmental Protection Agency, provided that the discharger is in full compliance with all requirements of the permit, waiver or order and other applicable laws and regulations, and provided that written approval has been granted by the Director of Public Works or his /her designee for any discharge to the storm drain system. 2. Prohibition of Illicit Connections a. The construction, use, maintenance or continued existence of illicit connections to the storm drainage system is prohibited 13 -60 Article 13 — Land Disturbing Activities and Drainage Schertz Unified Development Code b. This prohibition expressly includes, without limitation, illicit connections made in the past, regardless of whether the connection was permissible under law or practices applicable or prevailing at the time of connection. C. A person is considered to be in violation of this Ordinance if the person connects a line conveying sewage to the storm drainage system or allows such a connection to continue. F. Suspension of Storm Drainage System Access I. Suspension Due to Illicit Discharges In Emergency Situations The Director of Public Works or his/her designee may, without prior notice, suspend storm drainage system discharge access to a person or entity when such suspension is necessary to stop an actual or threatened discharge which presents or may present imminent and substantial danger to the environment, or to the health or welfare of persons, or to the storm drainage system or waters of the United States. If the violator fails to comply with a suspension order issued in an emergency, the City may take such steps as deemed necessary to prevent or minimize damage to the storm drainage system, water of the United States, or to minimize danger to persons. 2. Termination Due to the Detection of Illicit Drainage Any person discharging to the storm drainage system in violation of this Ordinance may have their access terminated if such termination would abate or reduce an illicit discharge. The City will notify a violator of the proposed termination of its storm drainage system access. The notifications will be in accordance with Section 12.13.6.1, of this Ordinance as specified below. G. Industrial or Construction Activity Discharges Any person or persons subject to an industrial or construction activity TPDES storm water discharge permit shall comply will all provisions of such permit. Proof of compliance with said permit will be required in a form acceptable to the City prior to the allowing of discharges to the storm drainage system. H. Monitoring of Discharges Public Works representatives' shall be allowed to enter and inspect permitted facilities subject to regulation under this Ordinance as 13 -61 Article 13 — Land Disturbing Activities and Drainage Schertc Unified Development Code often as may be necessary to determine compliance. If a discharger has security measures in force, which require proper identification and clearance before entry into its premises, the discharger shall make the necessary arrangements to allow access to representatives of Public Works. 2. Facility operators shall allow Public Works representatives'.. ready access to all parts of the premises for the purpose of inspection, sampling, examination and copying of records that must be kept under the conditions of an TPDES permit to discharge storm water, and the performance of any additional duties as defined by state and federal law. 3. Public Works' representatives shall have the right to set up on any permitted facility such devices as are necessary in the opinion of the authorized enforcement agency to conduct monitoring and /or sampling of the facility's storm water discharge. 4. Public Works has the right to require the discharger to install monitoring equipment as necessary. The facility's sampling and monitoring equipment shall be maintained at all times in a safe and proper operating condition by the discharger at its own expense. All devices used to measure storm water flow and quality shall be calibrated to ensure their accuracy. 5. Any temporary or permanent obstruction to safe and easy access to the facility to be inspected and /or sampled shall be promptly removed by the operator at the written or oral request of the Director of Public Works or his /her designee and shall not be replaced. The costs of clearing such access shall be borne by the operator. 6. Unreasonable delays in allowing Public Works' representatives access to a permitted facility is a violation of a storm water discharge permit and of this Ordinance. A person who is the operator of a facility with a TPDES permit to discharge storm water associated with industrial activity commits an offense if the person denies Public Works' representatives reasonable access to the permitted facility for the purpose of conducting any activity authorized or required by this Ordinance. 7. If Public Work's representatives have been refused access to any part of the premises from which storm water is discharged, and he /she is able to demonstrate probable cause to believe that there may be a violation of this Ordinance, or that there is a need to inspect and/or sample as part of a routine inspection and sampling program designed to verify compliance with this Ordinance or any 13 -62 Article 13 —Land Disturbing Activities and Drainage Schertz Unified Development Code order issued hereunder, or to protect the overall public health, safety, and welfare of the community, then the Public Works representative may seek issuance of a search warrant from any court of competent jurisdiction. Requirement to Prevent, Control and Reduce Storm Water Pollutants by the Use of Best Management Practices The City will adopt requirements identifying Best Management Practices (BMPs) for any activity, operation, or facility, which may cause or continue to contribute to pollution or contamination of storm water, the storm drain system, or waters of the U.S. The owner or operator of a commercial or industrial establishment shall provide, at their own expense, reasonable protection from accidental discharge of prohibited materials or other wastes into the storm drainage system or watercourses through the use of these structural and non - structural BMPs. Further, any person responsible for a property or premises, which is, or may be, the source of an illicit discharge may be required to implement, at said person's expense, additional structural and non - structural BMPs to prevent the further discharge of pollutants to the storm drainage system. Compliance with all terms and conditions of a valid TPDES permit authorizing the discharge of storm water associated with industrial activity, to the extent practicable, shall be deemed compliant wit the provisions of this section. These BMPs shall be part of a Storm Water Pollution Prevention Plan (SWPPP) as necessary for compliance with requirements of the TPDES permit. J. Watercourse Protection Every person owning a property through which a watercourse passes, shall keep and maintain that part of the watercourse within said person's property free of trash, debris, excessive vegetation, and other obstacles that would pollute, contaminate, or retard the flow of water through the watercourse. In addition, the owner shall maintain existing privately owned structures within or adjacent to a watercourse, so that such structures will not become a hazard to the use, function or physical integrity of the watercourse. L. Notification of Spills Notwithstanding other requirements of law, as soon as any person responsible for a facility or operation, or responsible for emergency response for a facility or operation, has information of any known or suspected release of materials which are resulting or may result in illegal discharges or pollutants discharging into storm water, the storm drain system or waters of the U.S., said person shall take all necessary steps to 13 -63 Article 13 — Land Disturbing Activities and Drainage Schertz Unified Development Code ensure the discovery, containment, and cleanup of such release. In the event of such as release of hazardous materials said person shall immediately notify emergency response agencies of the occurrence via emergency dispatch services. In the event of a release of nonhazardous materials, said person shall notify Public Works in person or by phone or facsimile no later than the next business day. Notifications in person or by phone shall be confirmed by written notice addressed and mailed to the Director of Public Works within three business days of the phone notice. If the discharge of prohibited materials emanates from a commercial or industrial establishment, the owner or operator of such establishment shall also retain an on site written record of the discharge and the actions taken to prevent its recurrence. Such records shall be retained for at least three years from the date of the discharge. M. Violation, Enforcement, Penalties and Appeals 1. Notification of Violation Whenever the Public Works representative finds that a person has violated a prohibition or failed to meet a requirement of this Ordinance, the authorized enforcement agency may order compliance by written notice of violation to the responsible person. If abatement of a violation and/or restoration of affected property are required, the notice shall set forth a deadline within which such remediation or restoration must be completed. Said notice shall further advise that, should the violator fail to remediate or restore within the established deadline, the work will be done by a designated governmental agency or a contractor and the expense thereof shall be charged to the violator. 2. Appeal of Notice of Violation Any person receiving a Notice of Violation may appeal the determination of the authorized enforcement agency. The notice of appeal must be received within five (5) business days from the date of the Notice of Violation. Hearing on the appeal before the appropriate authority or his/her designee shall take place within thirty (30) days from the date of receipt of the notice of appeal. The decision of the municipal authority or their designee shall be final. 3. Enforcement Measures After Appeal If the violation has not been corrected pursuant to the requirements set forth in the Notice of Violation, or in the event of an appeal, within thirty (30) days of the decision of the representative upholding the decision of Public Works, then representatives of the 13 -64 Article 13 —Land Disturbing Activities and Drainage Schertz Unified Development Code City may enter the subject's private property and are authorized to take any and all measures necessary to abate the violation and/or restore the property. It shall be unlawful for any person, owner, agent or person in possession of any premises to refuse to allow the Public Works representative or designated contractor to enter upon the premises for the purposes set forth above. 4. Cost of Abatement of the Violation Any person violating any of the provisions of this article shall become liable to the City by reason of such violation beginning on the 1st day following discovery of the violation. Within thirty (30) days after abatement of the violation, the owner of the property will be notified of the cost of abatement, including administrative costs. The property owner may file a written protest in the City Secretary's Office objecting to the amount of the assessment within five (5) business days. The written protest shall be addressed by the City Council within 30 days. If the amount due is not paid in full within 60 days from the notification of the cost of abatement the charges may become a special assessment against the property and shall constitute a lien on the property for the amount of the assessment. 5. Injunctive Relief It shall be unlawful for any person to violate any provision or fail to comply with any of the requirements of this Ordinance. If a person has violated or continues to violate the provisions of this Ordinance, the City may petition for a preliminary or permanent injunction restraining the person from activities which would create further violations or compelling the person to perform abatement or remediation of the violation. 6. Violations Deemed a Public Nuisance In addition to the enforcement processes and penalties provided, any condition caused or permitted to exist in violation of any of the provisions of this Ordinance is a threat to public health, safety and welfare, and is declared and deemed a nuisance, and may be summarily abated or restored at the violator's expense, and/or a civil action to abate, enjoin, or otherwise compel the cessation of such nuisance may be taken. N. Remedies Not Exclusive 13 -65 Article 13 —Land Disturbing Activities and Drainage Scheriz Unified Development Code The remedies listed in this Ordinance are not exclusive of any other remedies available under any applicable federal, state or local law and it is within the discretion of the City to seek cumulative remedies. Sec. 21.13.7 Waivers and Amendments A. General The City Manager or his/her designee may authorize waivers from the provisions of this Article when, in his /her opinion, undue hardship will result from requiring strict compliance. In granting a waiver, the City Manager shall prescribe only conditions that he /she deems necessary or desirable to the public interest. In making his/her findings, the City Manager shall take into account the nature of the proposed use of the land involved and existing uses of land in the vicinity, the number of persons who will reside or work in the proposed subdivision, and the probable effect of such waivers upon the public health, safety, convenience, and welfare in the vicinity. Waivers shall not be granted unless the City Manager finds: 1. That the granting of the waiver will not be detrimental to the public health, safety, or welfare, or injurious to other property in the area, and will not violate any applicable law or ordinance of any regulatory entity; and 2. Waivers may be granted only when in harmony with the general purpose and intent of this UDC so that the public health, safety, and welfare may be secured and justice done. Such findings of the City Manager, together with the specified facts upon which such findings are based, shall be incorporated into the official records of any related permit for which such waiver is granted. B. The City Manager may establish a time period for execution of each granted waiver. C. Any decision of the City Manager or his/her designee regarding waivers to the provisions of this Article may be appealed to the City Council. When considering an appeal, the City Council shall consider the same standards as the City Manager as outlined above. D. The City Manager or his /her designee is hereby granted authority to amend, supplement, change, modify, or repeal the text of any portion of the Public Works Specifications Manual in order to establish and maintain appropriate standards for development and use of property within the City's corporate limits and extraterritorial jurisdiction in accordance with Section 21.1.4. 13 -66 Article 13 —Land Disturbing Activities and Drainage Scheriz Unified Development Code End of Article 13 13 -67 Agenda No. 6 CITY COUNCIL MEMORANDUM City Council Meeting: June 3, 2014 Department: Finance Subject: Ordinance 14 -B -28 General Obligation Refunding Bonds, Series 2014 (First and Final Reading) BACKGROUND On April 15, 2014 the City Council authorized Southwest Securities to proceed with a sale of $8,630,000 (par amount subject to change) General Obligation Refunding Bonds, Series 2014 to be sold on June 3, 2014 to refund the General Obligation Bonds, Series 2006 with interest rates ranging from 4.625% to 5.250 %. Due to today's lower interest rates we can replace those bonds with Refunding Bonds that will carry estimated interest rates ranging from 2 %- 3.50 %. (The process is like refinancing a home.) FISCAL IMPACT The City's currently outstanding Series 2006 General Obligation Bonds, which are supported by ad valorem taxes, become callable on February 1, 2016. The City can issue new Refunding Bonds and Refund a portion of the existing Bonds in advance of their call date and achieve interest savings due to the lower interest rates. Based upon preliminary interest rates the refunding will save the City approximately $1,250,000 over the life of the Refunding or an average of approximately $78,000 per year. The Refunding Bonds will not extend the length of the original bond issue. Pricing will occur on Monday, June 2, 2014 with the final results being presented at the City Council meeting. RECOMMENDATION The City Staff recommends approval of Ordinance No. 14 -B -28. ATTACHMENT Ordinance No. 14 -B -28 DRAFT 5/24/14 ORDINANCE NO. 14 -B -28 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING THE ISSUANCE OF "CITY OF SCHERTZ, TEXAS GENERAL OBLIGATION REFUNDING BONDS, SERIES 2014 ", LEVYING AN ANNUAL AD VALOREM TAX, WITHIN THE LIMITATIONS PRESCRIBED BY LAW, FOR THE PAYMENT OF THE BONDS; PRESCRIBING THE FORM, TERMS, CONDITIONS, AND RESOLVING OTHER MATTERS INCIDENT AND RELATED TO THE ISSUANCE, SALE, AND DELIVERY OF THE BONDS, INCLUDING THE APPROVAL AND DISTRIBUTION OF AN OFFICIAL STATEMENT PERTAINING THERETO; AUTHORIZING THE EXECUTION OF A PAYING AGENT /REGISTRAR AGREEMENT, A PURCHASE CONTRACT, AND AN ESCROW AND TRUST AGREEMENT; COMPLYING WITH THE LETTER OF REPRESENTATIONS ON FILE WITH THE DEPOSITORY TRUST COMPANY; AUTHORIZING THE EXECUTION OF ANY NECESSARY ENGAGEMENT AGREEMENTS WITH THE CITY'S FINANCIAL ADVISORS AND /OR BOND COUNSEL; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City Council (the City Council) of the City of Schertz, Texas (the City) has heretofore issued, sold, and delivered, and there are currently outstanding obligations in the aggregate original principal amount of $8,375,000 being the obligations set forth on Schedule I hereto which is incorporated by reference for all purposes to this ordinance (the Refunded Obligations); and WHEREAS, the City Council intends to issue an aggregate principal amount of $8,630,000 in general obligation refunding bonds the proceeds of which will be utilized to provide for the (i) refunding of the Refunded Obligations and (ii) payment of the costs of issuance of the general obligation refunding bonds; and WHEREAS, pursuant to the provisions of Chapter 1207, as amended, Texas Government Code (the Act), the City Council is authorized to issue refunding bonds and deposit the proceeds of sale under an escrow agreement to provide for the payment of the Refunded Obligations, and such deposit, when made in accordance with the Act, shall constitute the making of firm banking and financial arrangements for the discharge and final payment of the Refunded Obligations; and WHEREAS, the Act permits that the deposit of the proceeds from the sale of the refunding bonds be deposited directly with any designated escrow agent which is not the depository bank of the City; and WHEREAS, when firm banking arrangements have been made for the payment of principal of and interest to the stated maturity or redemption dates of the Refunded Obligations, 40668292.1 then the Refunded Obligations shall no longer be regarded as outstanding except for the purpose of receiving payment from the funds provided for such purpose and may not be included in or considered to be an indebtedness of the City for the purpose of a limitation on outstanding indebtedness or taxation or for any other purpose; and WHEREAS, Wells Fargo Bank, National Association, Minneapolis, Minnesota currently serves as the paying agent for the Refunded Obligations; and WHEREAS, BOKF, NA dba Bank of Texas, Austin, Texas is hereby appointed as the Escrow Agent (hereinafter defined) and Paying Agent /Registrar (hereinafter defined) for the general obligation refunding bonds; and WHEREAS, the City Council also hereby finds and determines that the Refunded Obligations are scheduled to mature or are subject to being redeemed, not more than twenty (20) years from the date of the general obligation refunding bonds herein authorized and being issued to restructure the City's debt service and associated tax rates in the coming years, and such refunding will result in a net present value savings of $ and a gross savings of $ , including the City's contribution of $ ; and WHEREAS, the City Council hereby finds and determines that the issuance of the general obligation refunding bonds for the purpose of refunding the Refunded Obligations is in the best interests of the residents of the City, now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS THAT: SECTION 1. Authorization - Designation - Principal Amount - Purpose. General obligation refunding bonds of the City shall be and are hereby authorized to be issued in the aggregate principal amount of EIGHT MILLION SIX HUNDRED AND THIRTY THOUSAND AND NO /100 DOLLARS ($8,630,000), to be designated and bear the title of "CITY OF SCHERTZ, TEXAS GENERAL OBLIGATION REFUNDING BONDS, SERIES 2014" (the Bonds), for the purpose of providing funds for the (i) discharge and final payment of the Refunded Obligations and (ii) payment of the costs of issuance of the Bonds, all in conformity with the laws of the State of Texas, particularly Chapter 1207, as amended, Texas Government Code, an ordinance adopted by the City Council on June 3, 2014, and the City's Home Rule Charter. SECTION 2. Fully Registered Obligations - Authorized Denominations - Stated Maturities - Interest Rates — Dated Date. The Bonds shall be issued as fully registered obligations, without coupons, shall be dated May 15, 2014 (the Dated Date), and shall be in denominations of $5,000 or any integral multiple thereof, and the Bonds shall be lettered "R" and numbered consecutively from One (1) upward, and principal shall become due and payable on February 1 in each of the years and in principal amounts (the Stated Maturities) and bear interest on the unpaid principal amounts from the Dated Date, or from the most recent Interest Payment Date (hereinafter defined) to which interest has been paid or duly provided for, to Stated Maturity, at the per annum rates, while Outstanding, in accordance with the following schedule: 40668292.1 -2- Years of Principal Interest Stated Maturity Amounts ($) Rates 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2031 The Bonds shall bear interest on the unpaid principal amounts from the Dated Date, or from the most recent Interest Payment Date (hereinafter defined) to which interest has been paid or duly provided for, to the earlier of redemption or Stated Maturity, while Outstanding, at the rates per annum shown in the above schedule (calculated on the basis of a 360 -day year of twelve 30 -day months). Interest on the Bonds shall be payable on February 1 and August 1 in each year, commencing February 1, 2015 (the Interest Payment Date), while the Bonds are Outstanding. SECTION 3. Payment of Bonds - Pa_ iy� A eng t/Re _ i_ sg trar. The principal of, premium, if any, and the interest on the Bonds, due and payable by reason of Stated Maturity, redemption or otherwise, shall be payable in any coin or currency of the United States of America which at the time of payment is legal tender for the payment of public and private debts, and such payment of principal of, premium, if any, and interest on the Bonds shall be without exchange or collection charges to the Holder (as hereinafter defined) of the Bonds. The selection and appointment of BOKF, NA dba Bank of Texas, Austin, Texas (the Paying Agent /Registrar) to serve as the initial Paying Agent /Registrar for the Bonds is hereby 40668292.1 -3- approved and confirmed, and the City agrees and covenants to cause to be kept and maintained at the corporate trust office of the Paying Agent/Registrar books and records (the Security Register) for the registration, payment, and transfer of the Bonds, all as provided herein, in accordance with the terms and provisions of a Paying Agent /Registrar Agreement, attached, in substantially final form, as Exhibit A hereto, and such reasonable rules and regulations as the Paying Agent/Registrar and the City may prescribe. The City covenants to maintain and provide a Paying Agent /Registrar at all times while the Bonds are Outstanding, and any successor Paying Agent /Registrar shall be (i) a national or state banking institution or (ii) an association or a corporation organized and doing business under the laws of the United States of America or of any state, authorized under such laws to exercise trust powers. Such Paying Agent /Registrar shall be subject to supervision or examination by federal or state authority and authorized by law to serve as a Paying Agent/Registrar. The City reserves the right to appoint a successor Paying Agent/Registrar upon providing the previous Paying Agent /Registrar with a certified copy of a resolution or ordinance terminating such agency. Additionally, the City agrees to promptly cause a written notice of this substitution to be sent to each Holder of the Bonds by United States mail, first -class postage prepaid, which notice shall also give the address of the new Paying Agent /Registrar. Principal of, premium, if any, and interest on the Bonds, due and payable by reason of Stated Maturity, redemption, or otherwise, shall be payable only to the registered owner of the Bonds appearing on the Security Register (the Holder or Holders) maintained on behalf of the City by the Paying Agent /Registrar as hereinafter provided (i) on the Record Date (hereinafter defined) for purposes of payment of interest on the Bonds, (ii) on the date of surrender of the Bonds for purposes of receiving payment of principal thereof upon redemption or at the Bonds' Stated Maturity, and (iii) on any other date for any other purpose. The City and the Paying Agent/Registrar, and any agent of either, shall treat the Holder as the owner of a Bond for purposes of receiving payment and all other purposes whatsoever, and neither the City nor the Paying Agent /Registrar, or any agent of either, shall be affected by notice to the contrary. Principal of and premium, if any, on the Bonds shall be payable only upon presentation and surrender of the Bonds to the Paying Agent/Registrar at its corporate trust office. Interest on the Bonds shall be paid to the Holder whose name appears in the Security Register at the close of business on the fifteenth day of the month next preceding an Interest Payment Date for the Bonds (the Record Date) and shall be paid (i) by check sent on or prior to the appropriate date of payment by United States mail, first -class postage prepaid, by the Paying Agent /Registrar, to the address of the Holder appearing in the Security Register or (ii) by such other method, acceptable to the Paying Agent /Registrar, requested in writing by the Holder at the Holder's risk and expense. If the date for the payment of the principal of, premium, if any, or interest on the Bonds shall be a Saturday, a Sunday, a legal holiday, or a day on which banking institutions in the city where the corporate trust office of the Paying Agent/Registrar is located are authorized by law or executive order to close, then the date for such payment shall be the next succeeding day which is not such a day. The payment on such date shall have the same force and effect as if made on the original date any such payment on the Bonds was due. 40668292.1 -4- In the event of a non - payment of interest on a scheduled payment date, and for thirty (30) days thereafter, a new record date for such interest payment (a Special Record Date) will be established by the Paying Agent/Registrar, if and when funds for the payment of such interest have been received from the City. Notice of the Special Record Date and of the scheduled payment date of the past due interest (the Special Payment Date - which shall be fifteen (15) days after the Special Record Date) shall be sent at least five (5) business days prior to the Special Record Date by United States mail, first -class postage prepaid, to the address of each Holder of a Bond appearing on the Security Register at the close of business on the last business day next preceding the date of mailing of such notice. SECTION 4. Redemption. A. Mandatory Redemption of Bonds. The Bonds stated to mature on February 1, 20_ are referred to herein as the "Term Bonds ". The Term Bonds are subject to mandatory sinking fund redemption prior to their stated maturities from money required to be deposited in the Bond Fund for such purpose and shall be redeemed in part, by lot or other customary method, at the principal amount thereof plus accrued interest to the date of redemption in the following principal amounts on February 1 in each of the years as set forth below: Term Bonds Stated to Mature on February 1, 20 Principal Year Amount ($) *Payable at Stated Maturity The principal amount of a Term Bond required to be redeemed pursuant to the operation of such mandatory redemption provisions shall be reduced, at the option of the City, by the principal amount of any Term Bonds of such Stated Maturity which, at least 50 days prior to the mandatory redemption date (1) shall have been defeased or acquired by the City and delivered to the Paying Agent/Registrar for cancellation, (2) shall have been purchased and canceled by the Paying Agent /Registrar at the request of the City with money in the Bond Fund, or (3) shall have been redeemed pursuant to the optional redemption provisions set forth below and not theretofore credited against a mandatory redemption requirement. B. Optional Redemption. The Bonds having Stated Maturities on and after February 1, 2024 shall be subject to redemption prior to Stated Maturity, at the option of the City, on February 1, 2023, or on any date thereafter, as a whole or in part, in principal amounts of $5,000 or any integral multiple thereof (and if within a Stated Maturity selected at random and by lot by the Paying Agent /Registrar), at the redemption price of par plus accrued interest to the date of redemption. 40668292.1 -5- C. Exercise of Redemption Option. At least forty -five (45) days prior to a date set for the redemption of Bonds (unless a shorter notification period shall be satisfactory to the Paying Agent /Registrar), the City shall notify the Paying Agent /Registrar of its decision to exercise the right to redeem Bonds, the principal amount of each Stated Maturity to be redeemed, and the date set for the redemption thereof. The decision of the City to exercise the right to redeem Bonds shall be entered in the minutes of the governing body of the City. D. Selection of Bonds for Redemption. If less than all Outstanding Bonds of the same Stated Maturity are to be redeemed on a redemption date, the Paying Agent /Registrar shall select at random and by lot the Bonds to be redeemed, provided that if less than the entire principal amount of a Bond is to be redeemed, the Paying Agent/Registrar shall treat such Bond then subject to redemption as representing the number of Bonds Outstanding which is obtained by dividing the principal amount of such Bond by $5,000. E. Notice of Redemption. Not less than thirty (30) days prior to a redemption date for the Bonds, a notice of redemption shall be sent by United States mail, first -class postage prepaid, in the name of the City and at the City's expense, by the Paying Agent /Registrar to each Holder of a Bond to be redeemed, in whole or in part, at the address of the Holder appearing on the Security Register at the close of business on the business day next preceding the date of mailing such notice, and any notice of redemption so mailed shall be conclusively presumed to have been duly given irrespective of whether received by the Holder. All notices of redemption shall (i) specify the date of redemption for the Bonds, (ii) identify the Bonds to be redeemed and, in the case of a portion of the principal amount to be redeemed, the principal amount thereof to be redeemed, (iii) state the redemption price, (iv) state that the Bonds, or the portion of the principal amount thereof to be redeemed, shall become due and payable on the redemption date specified, and the interest thereon, or on the portion of the principal amount thereof to be redeemed, shall cease to accrue from and after the redemption date, and (v) specify that payment of the redemption price for the Bonds, or the principal amount thereof to be redeemed, shall be made at the corporate trust office of the Paying Agent /Registrar only upon presentation and surrender thereof by the Holder. This notice may also be published once in a financial publication, journal, or reporter of general circulation among securities dealers in the City of New York, New York (including, but not limited to, The Bond Buyer and The Wall Street Journal), or in the State of Texas (including, but not limited to, The Texas Bond Reporter). If a Bond is subject by its terms to redemption and has been called for redemption and notice of redemption thereof has been duly given or waived as herein provided, such Bond (or the principal amount thereof to be redeemed) so called for redemption shall become due and payable, and if money sufficient for the payment of such Bonds (or of the principal amount thereof to be redeemed) at the then applicable redemption price is held for the purpose of such payment by the Paying Agent /Registrar, then on the redemption date designated in such notice, interest on the Bonds (or the principal amount thereof to be redeemed) called for redemption shall cease to accrue and such Bonds shall not be deemed to be Outstanding in accordance with the provisions of this Ordinance. 40668292.1 -6- F. Transfer /Exchange of Bonds. Neither the City nor the Paying Agent/Registrar shall be required (1) to transfer or exchange any Bond during a period beginning forty -five (45) days prior to the date fixed for redemption of the Bonds or (2) to transfer or exchange any Bond selected for redemption; provided, however, such limitation of transfer shall not be applicable to an exchange by the Holder of the unredeemed balance of a Bond which is subject to redemption in part. SECTION 5. Execution - Registration. The Bonds shall be executed on behalf of the City by its Mayor or Mayor Pro Tem under the seal of the City reproduced or impressed thereon and attested by its City Secretary. The signature of any of said officers on the Bonds may be manual or facsimile. Bonds bearing the manual or facsimile signatures of individuals who were, at the time of the Dated Date, the proper officers of the City shall bind the City, notwithstanding that such individuals or either of them shall cease to hold such offices prior to the delivery of the Bonds to the Purchasers (hereinafter defined), all as authorized and provided in Chapter 1201, as amended, Texas Government Code. No Bond shall be entitled to any right or benefit under this Ordinance, or be valid or obligatory for any purpose, unless there appears on such Bond either a certificate of registration substantially in the form provided in Section 8C, executed by the Comptroller of Public Accounts of the State of Texas or her duly authorized agent by manual signature, or a certificate of registration substantially in the form provided in Section 8D, executed by the Paying Agent/Registrar by manual signature, and either such certificate upon any Bond shall be conclusive evidence, and the only evidence, that such Bond has been duly certified or registered and delivered. SECTION 6. Registration - Transfer - Exchange of Bonds - Predecessor Bonds. The Paying Agent/Registrar shall obtain, record, and maintain in the Security Register the name and address of every owner of the Bonds, or, if appropriate, the nominee thereof. Any Bond may, in accordance with its terms and the terms hereof, be transferred or exchanged for Bonds of other authorized denominations upon the Security Register by the Holder, in person or by his duly authorized agent, upon surrender of such Bond to the Paying Agent /Registrar for cancellation, accompanied by a written instrument of transfer or request for exchange duly executed by the Holder or by his duly authorized agent, in form satisfactory to the Paying Agent/Registrar. Upon surrender for transfer of any Bond at the corporate trust office of the Paying Agent /Registrar, the City shall execute and the Paying Agent /Registrar shall register and deliver, in the name of the designated transferee or transferees, one or more new Bonds of authorized denomination and having the same Stated Maturity and of a like interest rate and aggregate principal amount as the Bond or Bonds surrendered for transfer. At the option of the Holder, Bonds may be exchanged for other Bonds of authorized denominations and having the same Stated Maturity, bearing the same rate of interest and of like aggregate principal amount as the Bonds surrendered for exchange upon surrender of the Bonds to be exchanged at the corporate trust office of the Paying Agent /Registrar. Whenever any Bonds are so surrendered for exchange, the City shall execute, and the Paying Agent /Registrar shall register and deliver, the Bonds to the Holder requesting the exchange. 40668292.1 -%- All Bonds issued upon any transfer or exchange of Bonds shall be delivered at the corporate trust office of the Paying Agent/Registrar, or be sent by registered mail to the Holder at his request, risk, and expense, and upon the delivery thereof, the same shall be the valid and binding obligations of the City, evidencing the same obligation to pay, and entitled to the same benefits under this Ordinance, as the Bonds surrendered upon such transfer or exchange. All transfers or exchanges of Bonds pursuant to this Section shall be made without expense or service charge to the Holder, except as otherwise herein provided, and except that the Paying Agent/Registrar shall require payment by the Holder requesting such transfer or exchange of any tax or other governmental charges required to be paid with respect to such transfer or exchange. Bonds canceled by reason of an exchange or transfer pursuant to the provisions hereof are hereby defined to be Predecessor Bonds, evidencing all or a portion, as the case may be, of the same debt evidenced by the new Bond or Bonds registered and delivered in the exchange or transfer therefor. Additionally, the term Predecessor Bonds shall include any Bond registered and delivered pursuant to Section 17 in lieu of a mutilated, lost, destroyed, or stolen Bond which shall be deemed to evidence the same obligation as the mutilated, lost, destroyed, or stolen Bond. SECTION 7. Initial Bonds. The Bonds herein authorized shall be initially issued as a single fully registered Bond in the aggregate principal amount of $ with principal installments to become due and payable as provided in Section 2 hereof and numbered T -1 (the Initial Bonds), and the Initial Bonds shall be registered in the name of the Purchasers or the designee thereof. The Initial Bonds shall be the Bonds submitted to the Office of the Attorney General of the State of Texas for approval, certified and registered by the Office of the Comptroller of Public Accounts of the State of Texas and delivered to the Purchasers. Any time after the delivery of the Initial Bonds, the Paying Agent /Registrar, pursuant to written instructions from the Purchasers, or the designee thereof, shall cancel the Initial Bonds delivered hereunder and exchange therefor definitive Bonds of like kind and of authorized denominations, Stated Maturities, principal amounts bearing applicable interest rates, and shall be lettered "R" and numbered consecutively from one (1) upward for transfer and delivery to the Holders named at the addresses identified therefor; all pursuant to and in accordance with such written instructions from the Purchasers, or the designee thereof, and such other information and documentation as the Paying Agent /Registrar may reasonably require. SECTION 8. Forms. A. Forms Generally. The Bonds, the Registration Certificate of the Comptroller of Public Accounts of the State of Texas, the Registration Certificate of Paying Agent/Registrar, and the form of Assignment to be printed on each of the Bonds shall be substantially in the forms set forth in this Section with such appropriate insertions, omissions, substitutions, and other variations as are permitted or required by this Ordinance and may have such letters, numbers, or other marks of identification (including insurance legends in the event the Bonds, or any Stated Maturities thereof, are insured and identifying numbers and letters of the Committee on Uniform Securities Identification Procedures of the American Bankers Association) and such legends and endorsements (including insurance legends and any reproduction of an opinion of Bond Counsel) thereon as may, consistent herewith, be established by the City or determined by the officers 40668292.1 -8- executing the Bonds as evidenced by their execution thereof. Any portion of the text of any Bond may be set forth on the reverse thereof, with an appropriate reference thereto on the face of the Bond. The definitive Bonds shall be printed, lithographed, or engraved, produced by any combination of these methods, or produced in any other similar manner, all as determined by the officers executing the Bonds as evidenced by their execution thereof, but the Initial Bond(s) submitted to the Attorney General of Texas may be typewritten or photocopied or otherwise reproduced. [The remainder of this page intentionally left blank.] 40668292.1 -9- B. Form of Definitive Bond. REGISTERED NO. REGISTERED PRINCIPAL AMOUNT United States of America State of Texas Counties of Guadalupe, Comal, and Bexar CITY OF SCHERTZ, TEXAS GENERAL OBLIGATION REFUNDING BONDS, SERIES 2014 Dated Date: Interest Rate: Stated Maturity: CUSIP NO: May 15, 2014 REGISTERED OWNER: PRINCIPAL AMOUNT: The City of Schertz, Texas (the City), a body corporate and a municipal corporation in the Counties of Guadalupe, Comal, and Bexar, State of Texas, for value received, acknowledges itself indebted to and hereby promises to pay to the order of the Registered Owner specified above, or the registered assigns thereof, on the Stated Maturity date specified above, the Principal Amount specified above (or so much thereof as shall not have been paid upon prior redemption) and to pay interest on the unpaid Principal Amount hereof from the Dated Date or from the most recent interest payment date to which interest has been paid or duly provided for, until such Principal Amount has become due and payment thereof has been made or duly provided for, to the earlier of redemption or Stated Maturity, while Outstanding, at the per annum rate of interest specified above computed on the basis of a 360 -day year of twelve 30 -day months; such interest being payable on February 1 and August 1 of each year, commencing February 1, 2015. Principal on this Bond shall be payable to the Registered Owner hereof (the Holder), upon presentation and surrender at the corporate trust office of the Paying Agent /Registrar executing the registration certificate appearing hereon or a successor thereof. Interest shall be payable to the Holder of this Bond (or one or more Predecessor Bonds, as defined in the Ordinance hereinafter referenced) whose name appears on the Security Register maintained by the Paying Agent /Registrar at the close of business on the Record Date, which is the fifteenth day of the month next preceding each interest payment date. All payments of principal of, and interest on this Bond shall be in any coin or currency of the United States of America which at the time of payment is legal tender for the payment of public and private debts. Interest shall be paid by the Paying Agent/Registrar by check sent on or prior to the appropriate date of payment by United States mail, first -class postage prepaid, to the Holder hereof at the address appearing in the Security Register or by such other method, acceptable to the Paying Agent /Registrar, requested by the Holder hereof at the Holder's risk and expense. 40668292.1 -10- This Bond is one of the series specified in its title issued in the aggregate principal amount of $8,630,000 (the Bonds) pursuant to an ordinance adopted by the governing body of the City (the Ordinance), for the purpose of providing funds for the (i) discharge and final payment of the Refunded Obligations and (ii) payment of the costs of issuance of the general obligation refunding bonds, under and in strict conformity with the laws of the State of Texas, including Chapter 1207, as amended, Texas Government Code, and the City's Home Rule Charter. As specified in the Ordinance, the Bonds stated to mature on February 1, 20_ are referred to herein as the "Term Bonds ". The Term Bonds are subject to mandatory sinking fund redemption prior to their stated maturities from money required to be deposited in the Bond Fund for such purpose and shall be redeemed in part, by lot or other customary method, at the principal amount thereof plus accrued interest to the date of redemption in the following principal amounts on February 1 in each of the years as set forth below: Term Bonds Stated to Mature on February 1, 20 Principal Year Amount ($) *Payable at Stated Maturity The principal amount of a Term Bond required to be redeemed pursuant to the operation of such mandatory redemption provisions shall be reduced, at the option of the City, by the principal amount of any Term Bonds of such Stated Maturity which, at least 50 days prior to the mandatory redemption date (1) shall have been defeased or acquired by the City and delivered to the Paying Agent /Registrar for cancellation, (2) shall have been purchased and canceled by the Paying Agent /Registrar at the request of the City with money in the Bond Fund, or (3) shall have been redeemed pursuant to the optional redemption provisions set forth below and not theretofore credited against a mandatory redemption requirement. The Bonds stated to mature on and after February 1, 2024 may be redeemed prior to their Stated Maturities, at the option of the City, on February 1, 2023, or on any date thereafter, in whole or in part in principal amounts of $5,000 or any integral multiple thereof (and if within a Stated Maturity selected at random and by lot by the Paying Agent /Registrar) at the redemption price of par plus accrued interest to the date of redemption; provided, however, that at least thirty (30) days prior written notice shall be sent to the Holder of the Bonds to be redeemed by United States mail, first -class postage prepaid, and subject to the terms and provisions relating thereto contained in the Ordinance. If this Bond is subject to redemption prior to Stated Maturity and is in a denomination in excess of $5,000, portions of the principal sum hereof in installments of $5,000, or any integral multiple thereof may be redeemed, and, if less than all of the principal sum hereof is to be redeemed, there shall be issued, without charge therefor, to the Holder hereof, upon the surrender of this Bond to the Paying Agent/Registrar at its corporate trust office, 40668292.1 -11- a new Bond or Bonds of like Stated Maturity and interest rate in any authorized denominations provided in the Ordinance for the then unredeemed balance of the principal sum hereof. If this Bond (or any portion of the principal sum hereof) shall have been duly called for redemption and notice of such redemption has been duly given, then upon such redemption date this Bond (or the portion of the principal sum hereof to be redeemed) shall become due and payable, and, if the money for the payment of the redemption price and the interest accrued on the principal amount to be redeemed to the date of redemption is held for the purpose of such payment by the Paying Agent/Registrar, interest shall cease to accrue and be payable hereon from and after the redemption date on the principal amount hereof to be redeemed. If this Bond is called for redemption, in whole or in part, the City or the Paying Agent/Registrar shall not be required to issue, transfer, or exchange this Bond within forty -five (45) days of the date fixed for redemption; provided, however, such limitation of transfer shall not be applicable to an exchange by the Holder of the unredeemed balance hereof in the event of its redemption in part. The Bonds of this series are payable from the proceeds of an annual ad valorem tax levied upon all taxable property within the City within the limitations prescribed by law. Reference is hereby made to the Ordinance, a copy of which is on file in the corporate trust office of the Paying Agent /Registrar, and to all of the provisions of which the Holder by his acceptance hereof hereby assents, for definitions of terms; the description of and the nature and extent of the tax levied for the payment of the Bonds; the terms and conditions relating to the transfer or exchange of the Bonds; the conditions upon which the Ordinance may be amended or supplemented with or without the consent of the Holders; the rights, duties, and obligations of the City and the Paying Agent/Registrar; the terms and provisions upon which this Bond may be redeemed or discharged at or prior to the Stated Maturity thereof, and deemed to be no longer Outstanding thereunder; and for the other terms and provisions specified in the Ordinance. Capitalized terms used herein have the same meanings assigned in the Ordinance. This Bond, subject to certain limitations contained in the Ordinance, may be transferred on the Security Register upon presentation and surrender at the corporate trust office of the Paying Agent/Registrar, duly endorsed by, or accompanied by a written instrument of transfer in form satisfactory to the Paying Agent /Registrar duly executed by the Holder hereof, or his duly authorized agent, and thereupon one or more new fully registered Bonds of the same Stated Maturity, of authorized denominations, bearing the same rate of interest, and of the same aggregate principal amount will be issued to the designated transferee or transferees. The City and the Paying Agent /Registrar, and any agent of either, shall treat the Holder hereof whose name appears on the Security Register (i) on the Record Date as the owner hereof for purposes of receiving payment of interest hereon, (ii) on the date of surrender of this Bond as the owner hereof for purposes of receiving payment of principal hereof at its Stated Maturity or its redemption, in whole or in part, and (iii) on any other date as the owner hereof for all other purposes, and neither the City nor the Paying Agent/Registrar, or any such agent of either, shall be affected by notice to the contrary. In the event of a non - payment of interest on a scheduled payment date, and for thirty (30) days thereafter, a new record date for such interest payment (a Special Record Date) will be established by the Paying Agent /Registrar, if and when funds for the payment of such interest have been received from the City. Notice of the Special Record 40668292.1 -12- Date and of the scheduled payment date of the past due interest (the Special Payment Date - which shall be fifteen (15) days after the Special Record Date) shall be sent at least five (5) business days prior to the Special Record Date by United States mail, first -class postage prepaid, to the address of each Holder appearing on the Security Register at the close of business on the last business day next preceding the date of mailing of such notice. It is hereby certified, covenanted, and represented that all acts, conditions, and things required to be performed, exist, and be done precedent to the issuance of this Bond in order to render the same a legal, valid, and binding obligation of the City have been performed, exist, and have been done, in regular and due time, form, and manner, as required by the laws of the State of Texas and the Ordinance, and that the issuance of the Bonds does not exceed any constitutional or statutory limitation; and that due provision has been made for the payment of the principal of, premium if any, and interest on the Bonds by the levy of a tax as aforestated. In case any provision in this Bond or any application thereof shall be deemed invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions and applications shall not in any way be affected or impaired thereby. The terms and provisions of this Bond and the Ordinance shall be construed in accordance with and shall be governed by the laws of the State of Texas. [The remainder of this page intentionally left blank.] 40668292.1 -13- IN WITNESS WHEREOF, the City has caused this Bond to be duly executed under its official seal. ATTEST: City Secretary (CITY SEAL) CITY OF SCHERTZ, TEXAS Mayor [The remainder of this page intentionally left blank.] 40668292.1 -14- C. *Form of Registration Certificate of Comptroller of Public Accounts to Appear on Initial Bonds Only. REGISTRATION CERTIFICATE OF COMPTROLLER OF PUBLIC ACCOUNTS OFFICE OF THE COMPTROLLER OF § PUBLIC ACCOUNTS § § REGISTER NO. THE STATE OF TEXAS § I HEREBY CERTIFY that this Bond has been examined, certified as to validity and approved by the Attorney General of the State of Texas, and duly registered by the Comptroller of Public Accounts of the State of Texas. WITNESS my signature and seal of office this (SEAL) * Note to Printer: Not to appear on printed Bonds Only. Comptroller of Public Accounts of the State of Texas D. Form of Certificate of Paying A-eng t/Registrar to Appear on Definitive Bonds REGISTRATION CERTIFICATE OF PAYING AGENT/REGISTRAR This Bond has been duly issued under the provisions of the within - mentioned Ordinance; the Bond or Bonds of the above - entitled and designated series originally delivered having been approved by the Attorney General of the State of Texas and registered by the Comptroller of Public Accounts, as shown by the records of the Paying Agent /Registrar. Registered this date: 40668292.1 -15- BOKF, NA dba Bank of Texas, Austin, Texas, as Paying Agent/Registrar Authorized Signature E. Form of Assi ng ment. ASSIGNMENT FOR VALUE RECEIVED the undersigned hereby sells, assigns, and transfers unto (Print or typewrite name, address, and zip code of transferee): (Social Security or other identifying number): the within Bond and all rights thereunder, and hereby irrevocably constitutes and appoints attorney to transfer the within Bond on the books kept for registration thereof, with full power of substitution in the premises. DATED: NOTICE: The signature on this assignment must correspond with the name of the registered owner as it appears on the face of the within Bond in every particular. Signature guaranteed: F. The Initial Bonds shall be in the respective forms set forth in paragraph B of this Section, except that the form of a single registered Initial Bond shall be modified as follows: (i) immediately under the name of the Bond(s) the headings "Interest Rate" and "Stated Maturity" shall both be completed "as shown below "; (ii) the first two paragraphs shall read as follows: Registered Owner: Principal Amount: The City of Schertz, Texas (the City), a body corporate and municipal corporation in the Counties of Guadalupe, Comal, and Bexar, State of Texas, for value received, acknowledges itself indebted to and hereby promises to pay to the order of the Registered Owner named above, or the registered assigns thereof, the Principal Amount specified above stated to mature on the first day of February in each of the years and in principal amounts and bearing interest at per annum rates in accordance with the following schedule: 40668292.1 -16- Years of Principal Interest Stated Maturity Amounts ($) Rates (Information to be inserted from schedule in Section 2 hereof). (or so much thereof as shall not have been paid upon prior redemption) and to pay interest on the unpaid Principal Amount hereof from the Dated Date, or from the most recent interest payment date to which interest has been paid or duly provided for until the Principal Amount has become due and payment thereof has been made or duly provided for, to the earlier of redemption or Stated Maturity, at the per annum rates of interest specified above computed on the basis of a 360 -day year of twelve 30 -day months; such interest being payable on February 1 and August 1 of each year, commencing February 1, 2015. Principal of this Bond shall be payable to the Registered Owner hereof (the Holder), upon its presentation and surrender to Stated Maturity or prior redemption, while Outstanding, at the corporate trust office of BOKF, NA dba Bank of Texas, Austin, Texas (the Paying Agent /Registrar). Interest shall be payable to the Holder of this Bond whose name appears on the Security Register maintained by the Paying Agent/Registrar at the close of business on the Record Date, which is the fifteenth day of the month next preceding each interest payment date. All payments of principal of and interest on this Bond shall be in any coin or currency of the United States of America which at the time of payment is legal tender for the payment of public and private debts. Interest shall be paid by the Paying Agent /Registrar by check sent on or prior to the appropriate date of payment by United States mail, first -class postage prepaid, to the Holder hereof at the address appearing in the Security Register or by such other method, acceptable to the Paying Agent /Registrar, requested by, and at the risk and expense of, the Holder hereof. [The remainder of this page intentionally left blank.] 40668292.1 -1 %- G. Insurance Legend. If bond insurance is obtained by the City or the Purchasers for the Bonds, the Definitive Bonds and the Initial Bonds shall bear an appropriate legend as provided by the insurer. SECTION 9. Definitions. For all purposes of this Ordinance (as defined below), except as otherwise expressly provided or unless the context otherwise requires: (i) the terms defined in this Section have the meanings assigned to them in this Section, and certain terms used in Sections 21 and 38 of this Ordinance have the meanings assigned to them in such Sections, and all such terms include the plural as well as the singular; (ii) all references in this Ordinance to designated "Sections" and other subdivisions are to the designated Sections and other subdivisions of this Ordinance as originally adopted; and (iii) the words "herein ", "hereof', and "hereunder" and other words of similar import refer to this Ordinance as a whole and not to any particular Section or other subdivision. A. The term Authorized Officials shall mean the Mayor, Mayor Pro Tem, City Manager, and/or the City Secretary. B. The term Bond Fund shall mean the special fund created and established by the provisions of Section 10 of this Ordinance. C. The term Bonds shall mean the $8,630,000 "CITY OF SCHERTZ, TEXAS GENERAL OBLIGATION REFUNDING BONDS, SERIES 2014" authorized by this Ordinance. D. The term City shall mean City of Schertz, located in the Counties of Guadalupe, Comal, and Bexar, Texas and, where appropriate, the City Council of the City. E. The term Closing Date shall mean the date of physical delivery of the Initial Bonds in exchange for the payment in full by the Purchasers. F. The term Debt Service Requirements shall mean, as of any particular date of computation, with respect to any obligations and with respect to any period, the aggregate of the amounts to be paid or set aside by the City as of such date or in such period for the payment of the principal of, premium, if any, and interest (to the extent not capitalized) on such obligations; assuming, in the case of obligations without a fixed numerical rate, that such obligations bear interest at the maximum rate permitted by the terms thereof and further assuming in the case of obligations required to be redeemed or prepaid as to principal prior to Stated Maturity, the principal amounts thereof will be redeemed prior to Stated Maturity in accordance with the mandatory redemption provisions applicable thereto. G. The term Depository shall mean an official depository bank of the City. H. The term Government Securities, as used herein, shall mean (i) direct noncallable obligations of the United States, including obligations that are unconditionally guaranteed by, the United States of America; (ii) noncallable obligations of an agency or instrumentality of the United States, including obligations that are unconditionally guaranteed or insured by the agency or instrumentality and that, on the date the governing body of the issuer adopts or approves the proceedings authorizing the issuance of refunding bonds, are rated as to investment quality by a 40668292.1 -18- nationally recognized investment rating firm not less than AAA or its equivalent; (iii) noncallable obligations of a state or an agency or a county, municipality, or other political subdivision of a state that have been refunded and that, on the date the governing body of the issuer adopts or approves the proceedings authorizing the issuance of refunding bonds, are rated as to investment quality by a nationally recognized investment rating firm not less than AAA or its equivalent, or (iv) any additional securities and obligations hereafter authorized by the laws of the State of Texas as eligible for use to accomplish the discharge of obligations such as the Bonds. I. The term Holder or Holders shall mean the registered owner, whose name appears in the Security Register, for any Bond. J. The term Interest Payment Date shall mean the date interest is payable on the Bonds, being February 1 and August 1 of each year, commencing February 1, 2015, while any of the Bonds remain Outstanding. K. The term Ordinance shall mean this ordinance adopted by the City Council of the City on June 3, 2014. L. The term Outstanding when used in this Ordinance with respect to Bonds shall mean, as of the date of determination, all Bonds issued and delivered under this Ordinance, except: (1) those Bonds canceled by the Paying Agent/Registrar or delivered to the Paying Agent /Registrar for cancellation; (2) those Bonds for which payment has been duly provided by the City in accordance with the provisions of Section 23 of this Ordinance; and (3) those Bonds that have been mutilated, destroyed, lost, or stolen and replacement Bonds have been registered and delivered in lieu thereof as provided in Section 17 of this Ordinance. M. The term Purchasers shall mean the initial purchasers of the Bonds named in Section 18 of this Ordinance. N. The term Stated Maturity shall mean the annual principal payments of the Bonds payable on February 1 of each year, as set forth in Section 2 of this Ordinance. SECTION 10. Bond Fund; Investments. For the purpose of paying the interest on and to provide a sinking fund for the payment, redemption, and retirement of the Bonds, there shall be and is hereby created a special fund to be designated "CITY OF SCHERTZ, TEXAS GENERAL OBLIGATION REFUNDING BONDS, SERIES 2014 INTEREST AND SINKING FUND" (the Bond Fund), which fund shall be kept and maintained at the Depository, and money deposited in such fund shall be used for no other purpose and shall be maintained as provided in Section 21. Authorized Officials of the City are hereby authorized and directed to make withdrawals from the Bond Fund sufficient to pay the purchase price or amount of principal of, premium, if any, and interest on the Bonds as the same become due and payable and shall cause to be transferred 40668292.1 -19- to the Paying Agent /Registrar from money on deposit in the Bond Fund an amount sufficient to pay the amount of principal and/or interest stated to mature on the Bonds, such transfer of funds to the Paying Agent /Registrar to be made in such manner as will cause immediately available funds to be deposited with the Paying Agent /Registrar on or before the business day next preceding each interest and principal payment date for the Bonds. Pending the transfer of funds to the Paying Agent/Registrar, money deposited in any fund created and established pursuant to the provisions of this Ordinance, at the option of the City, may be placed in time deposits, certificates of deposit, guaranteed investment contracts, or similar contractual agreements as permitted by the provisions of the Public Funds Investment Act, as amended, Chapter 2256, Texas Government Code, secured (to the extent not insured by the Federal Deposit Insurance Corporation) by obligations of the type hereinafter described, or be invested, as authorized by any law, including investments held in book -entry form, in securities including, but not limited to, direct obligations of the United States of America, obligations guaranteed or insured by the United States of America, which, in the opinion of the Attorney General of the United States, are backed by its full faith and credit or represent its general obligations, or invested in indirect obligations of the United States of America, including, but not limited to, evidences of indebtedness issued, insured or guaranteed by such governmental agencies as the Federal Land Banks, Federal Intermediate Credit Banks, Banks for Cooperatives, Federal Home Loan Banks, Government National Mortgage Association, Farmers Home Administration, Federal Home Loan Mortgage Association, Small Business Administration, or Federal Housing Association; provided that all such deposits and investments shall be made in such a manner that the money required to be expended from such fund will be available at the proper time or times. All interest and income derived from deposits and investments in such fund shall be credited to, and any losses debited to, such fund. All such investments shall be sold promptly when necessary to prevent any default in connection with the Bonds. SECTION 11. Tax Levy. To provide for the payment of the Debt Service Requirements on the Bonds being (i) the interest on the Bonds and (ii) a sinking fund for their redemption at Stated Maturity or a sinking fund of 2% (whichever amount shall be the greater), there shall be and there is hereby levied for the current year and each succeeding year thereafter while the Bonds or any interest thereon shall remain Outstanding, a sufficient tax, within the limitations prescribed by law, on each one hundred dollars' valuation of taxable property in the City, adequate to pay such Debt Service Requirements, full allowance being made for delinquencies and costs of collection; said tax shall be assessed and collected each year and applied to the payment of the Debt Service Requirements, and the same shall not be diverted to any other purpose. The taxes so levied and collected shall be paid into the Bond Fund and are thereafter pledged to the payment of the Bonds. The City Council hereby declares its purpose and intent to provide and levy a tax legally and fully sufficient to pay such Debt Service Requirements, it having been determined that the existing and available taxing authority of the City for such purpose is adequate to permit a legally sufficient tax in consideration of all other outstanding indebtedness and other obligations of the City. SECTION 12. Deposits to Bond Fund; Surplus Bond Proceeds. The City hereby covenants and agrees to cause to be deposited in the Bond Fund prior to a principal and interest payment date for the Bonds, from the annual levy of an ad valorem tax or from other lawfully 40668292.1 -20- available funds, amounts sufficient to fully pay and discharge promptly each installment of interest and principal of the Bonds as the same accrues or matures or comes due by reason of Stated Maturity. Accrued interest received from the Purchasers of the Bonds, along with any taxes collected pertaining to the Refunded Obligations, after the Closing Date, shall be deposited to the Bond Fund. In addition, any surplus proceeds from the sale of the Bonds, including investment income thereon, not expended for authorized purposes shall be deposited in the Bond Fund, and such amounts so deposited shall reduce the sums otherwise required to be deposited in said fund from ad valorem taxes. SECTION 13. Security of Funds. All money on deposit in the funds for which this Ordinance makes provision (except any portion thereof as may be at any time properly invested as provided herein) shall be secured in the manner and to the fullest extent required by the laws of the State of Texas for the security of public funds, and money on deposit in such funds shall be used only for the purposes permitted by this Ordinance. SECTION 14. Remedies in Event of Default. In addition to all the rights and remedies provided by the laws of the State of Texas, the City covenants and agrees particularly that in the event the City (a) defaults in the payments to be made to the Bond Fund or (b) defaults in the observance or performance of any other of the covenants, conditions, or obligations set forth in this Ordinance, the Holders of any of the Bonds shall be entitled to seek a writ of mandamus issued by a court of proper jurisdiction compelling and requiring the governing body of the City and other officers of the City to observe and perform any covenant, condition, or obligation prescribed in this Ordinance. No delay or omission to exercise any right or power accruing upon any default shall impair any such right or power or shall be construed to be a waiver of any such default or acquiescence therein, and every such right and power may be exercised from time to time and as often as may be deemed expedient. The specific remedies herein provided shall be cumulative of all other existing remedies and the specification of such remedies shall not be deemed to be exclusive. SECTION 15. Notices to Holders; Waiver. Wherever this Ordinance provides for notice to Holders of any event, such notice shall be sufficiently given (unless otherwise herein expressly provided) if in writing and sent by United States mail, first -class postage prepaid, to the address of each Holder appearing in the Security Register at the close of business on the business day next preceding the mailing of such notice. In any case where notice to Holders is given by mail, neither the failure to mail such notice to any particular Holders, nor any defect in any notice so mailed, shall affect the sufficiency of such notice with respect to all other Holders. Where this Ordinance provides for notice in any manner, such notice may be waived in writing by the Holder entitled to receive such notice, either before or after the event with respect to which such notice is given, and such waiver shall be the equivalent of such notice. Waivers of notice by Holders shall be filed with the Paying Agent /Registrar, but such filing shall not be a condition precedent to the validity of any action taken in reliance upon such waiver. 40668292.1 -21- SECTION 16. Cancellation. All Bonds surrendered for payment, redemption, transfer, exchange, or replacement, if surrendered to the Paying Agent /Registrar, shall be promptly canceled by it and, if surrendered to the City, shall be delivered to the Paying Agent /Registrar and, if not already canceled, shall be promptly canceled by the Paying Agent /Registrar. The City may at any time deliver to the Paying Agent/Registrar for cancellation any Bonds previously certified or registered and delivered which the City may have acquired in any manner whatsoever, and all Bonds so delivered shall be promptly canceled by the Paying Agent /Registrar. All canceled Bonds held by the Paying Agent /Registrar shall be destroyed as directed by the City. SECTION 17. Mutilated, Destroyed, Lost, and Stolen Bonds. If (1) any mutilated Bond is surrendered to the Paying Agent /Registrar, or the City and the Paying Agent /Registrar receive evidence to their satisfaction of the destruction, loss, or theft of any Bond, and (2) there is delivered to the City and the Paying Agent/Registrar such security or indemnity as may be required to save each of them harmless, then, in the absence of notice to the City or the Paying Agent /Registrar that such Bond has been acquired by a bona fide purchaser, the City shall execute and, upon its request, the Paying Agent/Registrar shall register and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost, or stolen Bond, a new Bond of the same Stated Maturity and interest rate and of like tenor and principal amount, bearing a number not contemporaneously Outstanding. In case any such mutilated, destroyed, lost, or stolen Bond has become or is about to become due and payable, the City in its discretion may, instead of issuing a new Bond, pay such Bond. Upon the issuance of any new Bond or payment in lieu thereof, under this Section, the City may require payment by the Holder of a sum sufficient to cover any tax or other governmental charge imposed in relation thereto and any other expenses and charges (including attorney's fees and the fees and expenses of the Paying Agent /Registrar) connected therewith. Every new Bond issued pursuant to this Section in lieu of any mutilated, destroyed, lost, or stolen Bond shall constitute a replacement of the prior obligation of the City, whether or not the mutilated, destroyed, lost, or stolen Bond shall be at any time enforceable by anyone, and shall be entitled to all the benefits of this Ordinance equally and ratably with all other Outstanding Bonds. The provisions of this Section are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement and payment of mutilated, destroyed, lost, or stolen Bonds. SECTION 18. Sale of Bonds — Authorization of Purchase Contract — Official Statement Approval. The Bonds authorized by this Ordinance are hereby sold to SAMCO Capital Markets, Inc., Dallas, Texas, as the authorized representative of a group of underwriters (the Purchasers, and having all the rights, benefits, and obligations of a Holder) in accordance with the provisions of a Purchase Contract dated June 3, 2014 (the Purchase Contract) attached hereto as Exhibit B and incorporated herein by reference as a part of this Ordinance for all purposes. The Initial Bond shall be registered in the name of SAMCO Capital Markets, Inc. The pricing and terms of 40668292.1 -22- the sale of the Bonds are hereby found and determined to be the most advantageous reasonably obtainable by the City. Each Authorized Official is hereby authorized and directed to execute the Purchase Contract for and on behalf of the City and as the act and deed of the City Council, and in regard to the approval and execution of the Purchase Contract, the City Council hereby finds, determines and declares that the representations, warranties, and agreements of the City contained in the Purchase Contract are true and correct in all material respects and shall be honored and performed by the City. Delivery of the Bonds to the Purchasers shall occur as soon as practicable after the adoption of this Ordinance, upon payment therefor in accordance with the terms of the Purchase Contract. Furthermore, the City hereby ratifies, confirms, and approves in all respects (i) the City's prior determination that the Preliminary Official Statement was, as of its date, "deemed final" in accordance with the Rule (hereinafter defined) and (ii) the use and distribution of the Preliminary Official Statement by the Purchasers in connection with the public offering and sale of the Bonds is hereby ratified, confirmed, and approved in all respects. The final Official Statement, being a modification and amendment of the Preliminary Official Statement to reflect the terms of sale, attached as Exhibit A to the Purchase Contract (together with such changes approved by the Mayor, Mayor Pro Tem, City Manager, and /or City Secretary, any one or more of said officials), shall be and is hereby in all respects approved and the Purchasers are hereby authorized to use and distribute the final Official Statement, dated June 3, 2014, in the reoffering, sale and delivery of the Bonds to the public. The Mayor, Mayor Pro Tem, and City Secretary are further authorized and directed to manually execute and deliver for and on behalf of the City copies of the Official Statement in final form as may be required by the Purchasers, and such final Official Statement in the form and content manually executed by said officials shall be deemed to be approved by the City and constitute the Official Statement authorized for distribution and use by the Purchasers. The proper officials of the City are hereby authorized to execute and deliver a certificate pertaining to such Official Statement as prescribed therein, dated as of the date of payment for and delivery of the Bonds. SECTION 19. Escrow and Trust Agreement Approval and Execution; Proceeds of Sale; Contribution by CitX. The Escrow and Trust Agreement dated as of June 3, 2014 to be effective upon the initial delivery of the Bonds to the Purchasers (the Agreement) between the City and BOKF, NA dba Bank of Texas, Austin, Texas (the Escrow Agent), attached hereto as Exhibit C and incorporated herein by reference as a part of this Ordinance for all purposes, is hereby approved as to form and content, and such Agreement in substantially the form and substance attached hereto, together with such changes or revisions as may be necessary to accomplish the refunding or benefit the City, is hereby authorized to be executed by the Mayor, Mayor Pro Tem, and City Secretary and on behalf of the City and as the act and deed of this City Council; and such Agreement as executed by said officials shall be deemed approved by the City Council and constitute the Agreement herein approved. Furthermore, any Authorized Official, or any one or more of said officials, and Bond Counsel in cooperation with the Escrow Agent are hereby authorized and directed to make the necessary arrangements for the purchase of the Federal Securities referenced in the Agreement and the initial delivery thereof to the Escrow Agent on the day of delivery of the Bonds to the Purchasers for deposit to the credit of the "CITY OF SCHERTZ, TEXAS GENERAL OBLIGATION REFUNDING BOND SERIES 2014 ESCROW FUND" (the Escrow Fund), 40668292.1 -23- including the execution of the subscription forms for the purchase and issuance of the "United States Treasury Securities - State and Local Government Series ", if any, for deposit to the Escrow Fund; all as contemplated and provided by the provisions of the Act, this Ordinance, and the Agreement. Immediately following the delivery of the Bonds, the proceeds of sale along with a cash contribution, if any, from the City (less certain costs of issuance, and accrued interest received from the Purchasers of the Bonds) shall be deposited with the Escrow Agent for application and disbursement in accordance with the provisions of the Agreement. The proceeds of sale of the Bonds not so deposited with the Escrow Agent for the refunding of the Refunded Obligations shall be disbursed for payment of costs of issuance and deposited with the place of payment (of the Refunded Obligations) in an account in the name of the City and applied for the purposes of providing for the payment of the costs and expenses incurred in connection therewith or deposited in the Bond Fund for the Bonds, all in accordance with written instructions from the Mayor or City Manager. SECTION 20. Redemption of Refunded Obligations. The Refunded Obligations referenced in the preamble hereof become subject to redemption prior to their stated maturities at the price of par, premium, if any, and accrued interest to the date of redemption. The Mayor shall give written notice to the paying agent /registrar for the Refunded Obligations and the Escrow Agent that the Refunded Obligations have been called for redemption, and the City Council orders that such obligations are called for redemption on the date set forth on Schedule I attached to this Ordinance, and such order to redeem the Refunded Obligations on such date shall be irrevocable upon the delivery of the Bonds. A copy of the notice of redemption pertaining to the Refunded Obligations is attached to this Ordinance as Exhibit D and is incorporated herein by reference for all purposes. The paying agent for the Refunded Obligations is authorized and instructed to provide notice of this redemption to the holders of the Refunded Obligations in the form and manner described in the ordinance authorizing the issuance of the Refunded Obligations. SECTION 21. Covenants to Maintain Tax - Exempt Status. A. Definitions. When used in this Section, the following terms have the following meanings: Closing Date means the date of physical delivery of the Initial Bonds in exchange for the payment in full by the Purchasers. Code means the Internal Revenue Code of 1986, as amended by all legislation, if any, effective on or before the Closing Date. Computation Date has the meaning set forth in Section 1.148 -1(b) of the Regulations. Gross Proceeds means any proceeds as defined in Section 1.148 -1(b) of the Regulations, and any replacement proceeds as defined in Section 1.148 -1(c) of the Regulations, of the Bonds. 40668292.1 -24- Investment has the meaning set forth in Section 1.148 -1(b) of the Regulations. Nonpurpose Investment means any investment property, as defined in section 148(b) of the Code, in which Gross Proceeds of the Bonds are invested and which is not acquired to carry out the governmental purposes of the Bonds. Rebate Amount has the meaning set forth in Section 1.148 -1(b) of the Regulations. Regulations means any proposed, temporary, or final Income Tax Regulations issued pursuant to sections 103 and 141 through 150 of the Code, and 103 of the Internal Revenue Code of 1954, which are applicable to the Bonds. Any reference to any specific Regulation shall also mean, as appropriate, any proposed, temporary or final Income Tax Regulation designed to supplement, amend or replace the specific Regulation referenced. Yield of (1) any Investment has the meaning set forth in Section 1.148 -5 of the Regulations; and (2) the Bonds means the yield on the Bonds as calculated pursuant to Section 1.148 -4 of the Regulations. B. Not to Cause Interest to Become Taxable. The City shall not use, permit the use of, or omit to use Gross Proceeds or any other amounts (or any property the acquisition, construction or improvement of which is to be financed or refinanced directly or indirectly with Gross Proceeds) in a manner which if made or omitted, respectively, would cause the interest on any Bond to become includable in the gross income, as defined in section 61 of the Code, of the owner thereof for federal income tax purposes. Without limiting the generality of the foregoing, unless and until the City receives a written opinion of counsel nationally recognized in the field of municipal bond law to the effect that failure to comply with such covenant will not adversely affect the exemption from federal income tax of the interest on any Bond, the City shall comply with each of the specific covenants in this Section. C. No Private Use or Private Payments. Except to the extent that it will not cause the Bonds to become "private activity bonds" within the meaning of section 141 of the Code and the Regulations and rulings thereunder, the City shall at all times prior to the last Stated Maturity of Bonds: (1) exclusively own, operate and possess all property the acquisition, construction or improvement of which is to be financed or refinanced directly or indirectly with Gross Proceeds of the Bonds (including property financed with Gross Proceeds of the Refunded Obligations), and not use or permit the use of such Gross Proceeds (including all contractual arrangements with terms different than those applicable to the general public) or any property acquired, constructed or improved with such Gross Proceeds in any activity carried on by any person or entity (including the United States or any agency, department and instrumentality thereof) other than a state or local government, unless such use is solely as a member of the general public; and 40668292.1 -25- (2) not directly or indirectly impose or accept any charge or other payment by any person or entity who is treated as using Gross Proceeds of the Bonds or any property the acquisition, construction or improvement of which is to be financed or refinanced directly or indirectly with such Gross Proceeds (including property financed with Gross Proceeds of the Refunded Obligations), other than taxes of general application within the City or interest earned on investments acquired with such Gross Proceeds pending application for their intended purposes. D. No Private Loan. Except to the extent that it will not cause the Bonds to become "private activity bonds" within the meaning of section 141 of the Code and the Regulations and rulings thereunder, the City shall not use Gross Proceeds of the Bonds to make or finance loans to any person or entity other than a state or local government. For purposes of the foregoing covenant, such Gross Proceeds are considered to be "loaned" to a person or entity if- (1) property acquired, constructed or improved with such Gross Proceeds is sold or leased to such person or entity in a transaction which creates a debt for federal income tax purposes; (2) capacity in or service from such property is committed to such person or entity under a take -or -pay, output or similar contract or arrangement; or (3) indirect benefits, or burdens and benefits of ownership, of such Gross Proceeds or any property acquired, constructed or improved with such Gross Proceeds are otherwise transferred in a transaction which is the economic equivalent of a loan. E. Not to Invest at Higher Yield. Except to the extent that it will not cause the Bonds to become "arbitrage bonds" within the meaning of section 148 of the Code and the Regulations and rulings thereunder, the City shall not at any time prior to the final Stated Maturity of the Bonds directly or indirectly invest Gross Proceeds in any Investment, if as a result of such investment the Yield of any Investment acquired with Gross Proceeds, whether then held or previously disposed of, materially exceeds the Yield of the Bonds. F. Not Federally Guaranteed. Except to the extent permitted by section 149(b) of the Code and the Regulations and rulings thereunder, the City shall not take or omit to take any action which would cause the Bonds to be federally guaranteed within the meaning of section 149(b) of the Code and the Regulations and rulings thereunder. G. Information Report. The City shall timely file the information required by section 149(e) of the Code with the Secretary of the Treasury on Form 8038 -G or such other form and in such place as the Secretary may prescribe. H. Rebate of Arbitrage Profits. Except to the extent otherwise provided in section 148(f) of the Code and the Regulations and rulings thereunder: (1) The City shall account for all Gross Proceeds (including all receipts, expenditures and investments thereof) on its books of account separately and apart from all other funds (and receipts, expenditures and investments thereof) and shall retain all records of accounting for at least six years after the day on which the last Outstanding Bond is discharged. However, to the extent permitted by law, the City may commingle Gross Proceeds of the Bonds with other money of the City, provided that the City 40668292.1 -26- separately accounts for each receipt and expenditure of Gross Proceeds and the obligations acquired therewith. (2) Not less frequently than each Computation Date, the City shall calculate the Rebate Amount in accordance with rules set forth in section 148(f) of the Code and the Regulations and rulings thereunder. The City shall maintain such calculations with its official transcript of proceedings relating to the issuance of the Bonds until six years after the final Computation Date. (3) As additional consideration for the purchase of the Bonds by the Purchasers and the loan of the money represented thereby and in order to induce such purchase by measures designed to insure the excludability of the interest thereon from the gross income of the owners thereof for federal income tax purposes, the City shall pay to the United States out of the Bond Fund or its general fund, as permitted by applicable Texas statute, regulation or opinion of the Attorney General of the State of Texas, the amount that when added to the future value of previous rebate payments made for the Bonds equals (i) in the case of a Final Computation Date as defined in Section 1.148- 3(e)(2) of the Regulations, one hundred percent (100 %) of the Rebate Amount on such date; and (ii) in the case of any other Computation Date, ninety percent (90 %) of the Rebate Amount on such date. In all cases, the rebate payments shall be made at the times, in the installments, to the place and in the manner as is or may be required by section 148(f) of the Code and the Regulations and rulings thereunder, and shall be accompanied by Form 8038 -T or such other forms and information as is or may be required by section 148(f) of the Code and the Regulations and rulings thereunder. (4) The City shall exercise reasonable diligence to assure that no errors are made in the calculations and payments required by paragraphs (2) and (3), and if an error is made, to discover and promptly correct such error within a reasonable amount of time thereafter (and in all events within one hundred eighty (180) days after discovery of the error), including payment to the United States of any additional Rebate Amount owed to it, interest thereon, and any penalty imposed under Section 1.148 -3(h) of the Regulations. I. Not to Divert Arbitrage Profits. Except to the extent permitted by section 148 of the Code and the Regulations and rulings thereunder, the City shall not, at any time prior to the earlier of the Stated Maturity or final payment of the Bonds, enter into any transaction that reduces the amount required to be paid to the United States pursuant to Subsection H of this Section because such transaction results in a smaller profit or a larger loss than would have resulted if the transaction had been at arm's length and had the Yield of the Bonds not been relevant to either party. J. Bonds Not Hedge Bonds. (1) At the time the original bonds refunded by the Bonds were issued, the City reasonably expected to spend at least 85% of the spendable proceeds of such bonds within three years after such bonds were issued. 40668292.1 -27- (2) Not more than 50% of the proceeds of the original bonds refunded by the Bonds were invested in Nonpurpose Investments having a substantially guaranteed Yield for a period of 4 years or more. K. Qualified Advance Refunding. The Bonds are issued, in part, to refund the Refunded Obligations, and certain proceeds thereof will be used more than 90 days before the redemption of such Refunded Obligations. The City represents as follows: (1) The Bonds are the "first advance refunding" of any original bonds issued after 1985 and are the "first or second advance refunding" of any original bonds issued before 1986, both within the meaning of section 149(d)(3) of the Code. (2) The Refunded Obligations are being called for redemption, and will be redeemed: (i) in the case of Refunded Obligations issued after 1985, not later than the earliest date on which such bonds may be redeemed and on which the City will realize present value debt service savings (determined without regard to administrative expenses) in connection with the issuance of the Bonds; and (ii) in the case of Refunded Obligations issued before 1986, not later than the earliest date on which such issue may be redeemed at par or at a premium of 3 percent or less and on which the City will realize present value debt service savings (determined without regard to administrative expenses) in connection with the issuance of the Bonds. (3) The initial temporary period under section 148(c) of the Code will end: (i) with respect to the proceeds of the Bonds used to refund the Refunded Obligations not later than 30 days after the date of issue of such Bonds; and (ii) with respect to proceeds of the Refunded Obligations on the Closing Date if not ended prior thereto. (4) On and after the date of issue of the Bonds, no proceeds of the Refunded Obligations will be invested in Nonpurpose Investments having a Yield in excess of the Yield on such Refunded Obligations. (5) The Bonds are being issued for the purposes stated in the preamble of this Ordinance. There is a present value savings associated with the refunding. In the issuance of the Bonds the City has: (i) neither issued more bonds, nor issued bonds earlier, and will not allow bonds to remain outstanding longer, than reasonably necessary to accomplish the governmental purposes for which the Bonds were issued; (ii) not employed an "abusive arbitrage device" within the meaning of Section 1.148 -10(a) of the Regulations; and (iii) not employed a "device" to obtain a material financial advantage based on arbitrage, within the meaning of section 149(d)(4) of the Code, apart from savings attributable to lower interest rates. L. Elections. The City hereby directs and authorizes any Authorized Official, either or any combination of the foregoing, to make such elections in the Certificate as to Tax Exemption or similar or other appropriate certificate, form, or document permitted or required pursuant to the provisions of the Code or the Regulations, as they deem necessary or appropriate in connection with the Bonds. Such elections shall be deemed to be made on the Closing Date. 40668292.1 -28- M. Qualified Tax - Exempt Obligations. The City hereby designates the Bonds as qualified tax - exempt obligations for purposes of section 265(b) of the Code. In furtherance of such designation, the City represents, covenants and warrants the following: (a) during the calendar year in which the Bonds are issued, the City (including any subordinate entities) has not designated nor will designate obligations, which when aggregated with the Bonds, will result in more than $10,000,000 of "qualified tax - exempt obligations" being issued; (b) the City reasonably anticipates that the amount of tax - exempt obligations issued during the calendar year 2014 by the City (including any subordinate entities) will not exceed $10,000,000; and (c) the City will take such action or refrain from such action as is necessary in order that the Bonds will not be considered "private activity bonds" within the meaning of section 141 of the Code. SECTION 22. Control and Custody of Bonds. The Mayor shall be and is hereby authorized to take and have charge of all necessary orders and records pending investigation by the Attorney General of the State of Texas and shall take and have charge and control of the Bonds pending their approval by the Attorney General, the registration thereof by the Comptroller of Public Accounts and the delivery of the Bonds to the Purchasers. Furthermore, any Authorized Official, either or all, are hereby authorized and directed to furnish and execute such documents relating to the City and its financial affairs as may be necessary for the issuance of the Bonds, the approval of the Attorney General and their registration by the Comptroller of Public Accounts and, together with the City's financial advisors, Bond Counsel, and the Paying Agent/Registrar, make the necessary arrangements for the delivery of the Initial Bonds to the Purchasers and the initial exchange thereof for definitive Bonds. SECTION 23. Satisfaction of Obligation of City. If the City shall pay or cause to be paid, or there shall otherwise be paid to the Holders, the principal of, premium, if any, and interest on the Bonds, at the times and in the manner stipulated in this Ordinance, then the pledge of taxes levied under this Ordinance and all covenants, agreements, and other obligations of the City to the Holders shall thereupon cease, terminate, and be discharged and satisfied. Bonds, or any principal amount(s) thereof, shall be deemed to have been paid within the meaning and with the effect expressed above in this Section when (i) money sufficient to pay in full such Bonds or the principal amount(s) thereof on or prior to Stated Maturity, or to the redemption date therefor, together with all interest due thereon, shall have been irrevocably deposited with and held in trust by the Paying Agent /Registrar, or an authorized escrow agent, and/or (ii) Government Securities shall have been irrevocably deposited in trust with the Paying Agent/Registrar, or an authorized escrow agent, which Government Securities have, in the case of a net defeasance, been certified by an independent accounting firm to mature as to principal and interest in such amounts and at such times as will insure the availability, without reinvestment, of sufficient money, together with any money deposited therewith, if any, to pay when due the principal of and interest on such Bonds, or the principal amount(s) thereof, at the Stated Maturity thereof or (if notice of redemption has been duly given or waived or if irrevocable arrangements therefor acceptable to the Paying Agent /Registrar have been made) the redemption date thereof for the Bonds. In the event of a gross defeasance of the Bonds, the City shall deliver a certificate from its financial advisor, the Paying Agent /Registrar, or another qualified third party concerning the deposit of cash and/or Government Securities to pay, when 40668292.1 -29- due, the principal of, redemption premium (if any), and interest due on any defeased Bonds. The City covenants that no deposit of money or Government Securities will be made under this Section and no use made of any such deposit which would cause the Bonds to be treated as arbitrage bonds within the meaning of section 148 of the Code (as defined in Section 21 hereof). Any money so deposited with the Paying Agent /Registrar, and all income from Government Securities held in trust by the Paying Agent/Registrar, or an authorized escrow agent, pursuant to this Section which is not required for the payment of the Bonds, or any principal amount(s) thereof, or interest thereon with respect to which such money has been so deposited shall be remitted to the City or deposited as directed by the City. Furthermore, any money held by the Paying Agent/Registrar for the payment of the principal of and interest on the Bonds and remaining unclaimed for a period of three (3) years after the Stated Maturity or applicable redemption date of the Bonds, such money was deposited and is held in trust to pay shall upon the request of the City be remitted to the City against a written receipt therefor, subject to the unclaimed property laws of the State of Texas. Notwithstanding any other provision of this Ordinance to the contrary, it is hereby provided that any determination not to redeem defeased Bonds that is made in conjunction with the payment arrangements specified in subsection (i) or (ii) above shall not be irrevocable, provided that: (1) in the proceedings providing for such defeasance, the City expressly reserves the right to call the defeased Bonds for redemption; (2) gives notice of the reservation of that right to the owners of the defeased Bonds immediately following the defeasance; (3) directs that notice of the reservation be included in any redemption notices that it authorizes; and (4) at the time of the redemption, satisfies the conditions of (i) or (ii) above with respect to such defeased debt as though it was being defeased at the time of the exercise of the option to redeem the defeased Bonds, after taking the redemption into account in determining the sufficiency of the provisions made for the payment of the defeased Bonds. SECTION 24. Printed Opinion. The Purchasers' obligation to accept delivery of the Bonds is subject to its being furnished a final opinion of Fulbright & Jaworski LLP, San Antonio, Texas, as Bond Counsel, approving certain legal matters as to the Bonds, said opinion to be dated and delivered as of the date of initial delivery and payment for such Bonds. Printing of a true and correct copy of said opinion on the reverse side of each of the Bonds, with appropriate certificate pertaining thereto executed by facsimile signature of the City Secretary of the City is hereby approved and authorized. SECTION 25. CUSIP Numbers. CUSIP numbers may be printed or typed on the definitive Bonds. It is expressly provided, however, that the presence or absence of CUSIP numbers on the definitive Bonds shall be of no significance or effect as regards the legality thereof, and neither the City nor attorneys approving said Bonds as to legality are to be held responsible for CUSIP numbers incorrectly printed or typed on the definitive Bonds. SECTION 26. Effect of Headings. The Section headings herein are for convenience only and shall not affect the construction hereof. SECTION 27. Ordinance a Contract; Amendments - Outstanding Bonds. The City acknowledges that the covenants and obligations of the City herein contained are a material 40668292.1 -30- inducement to the purchase of the Bonds. This Ordinance shall constitute a contract with the Holders from time to time, shall be binding on the City and its successors and assigns, and shall not be amended or repealed by the City so long as any Bond remains Outstanding except as permitted in this Section. The City may, without the consent of or notice to any Holders, from time to time and at any time, amend this Ordinance in any manner not detrimental to the interests of the Holders, including the curing of any ambiguity, inconsistency, or formal defect or omission herein. In addition, the City may, with the written consent of Holders holding a majority in aggregate principal amount of the Bonds then Outstanding affected thereby, amend, add to, or rescind any of the provisions of this Ordinance; provided; however, that, without the consent of all Holders of Outstanding Bonds, no such amendment, addition, or rescission shall (1) extend the time or times of payment of the principal of, and interest on the Bonds, reduce the principal amount thereof, or the rate of interest thereon, or in any other way modify the terms of payment of the principal of, the redemption price therefor, or interest on the Bonds, (2) give any preference to any Bond over any other Bond, or (3) reduce the aggregate principal amount of Bonds required for consent to any such amendment, addition, or rescission. SECTION 28. Benefits of Ordinance. Nothing in this Ordinance, expressed or implied, is intended or shall be construed to confer upon any person other than the City, Bond Counsel, Paying Agent/Registrar, and the Holders, any right, remedy, or claim, legal or equitable, under or by reason of this Ordinance or any provision hereof, this Ordinance and all its provisions being intended to be and being for the sole and exclusive benefit of the City, Bond Counsel, the Paying Agent/Registrar, and the Holders. SECTION 29. Inconsistent Provisions. All ordinances and resolutions, 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 ordained herein. SECTION 30. Construction of Terms. If appropriate in the context of this Ordinance, words of the singular number shall be considered to include the plural, words of the plural number shall be considered to include the singular, and words of the masculine, feminine or neuter gender shall be considered to include the other genders. SECTION 31. Governing Law. This Ordinance shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. SECTION 32. Severability. 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 Council hereby declares that this Ordinance would have been enacted without such invalid provision. SECTION 33. Incorporation of Preamble Recitals. 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 City Council. 40668292.1 -31- SECTION 34. Authorization of Paying_Agent/Registrar Agreement. The City Council of the City hereby finds and determines that it is in the best interest of the City to authorize the execution of a Paying Agent /Registrar Agreement concerning the payment, exchange, registration, and transferability of the Bonds. A copy of the Paying Agent/Registrar Agreement is attached hereto, in substantially final form, as Exhibit A and is incorporated by reference to the provisions of this Ordinance. SECTION 35. Public Meeting. 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 36. Unavailability of Authorized Publication. If, because of the temporary or permanent suspension of any newspaper, journal, or other publication, or, for any reason, publication of notice cannot be made meeting any requirements herein established, any notice required to be published by the provisions of this Ordinance shall be given in such other manner and at such time or times as in the judgment of the City or of the Paying Agent /Registrar shall most effectively approximate such required publication and the giving of such notice in such manner shall for all purposes of this Ordinance be deemed to be in compliance with the requirements for publication thereof. SECTION 37. No Recourse Against City Officials. No recourse shall be had for the payment of principal of, premium, if any, or interest on any Bond or for any claim based thereon or on this Ordinance against any official of the City or any person executing any Bond. SECTION 38. Continuing Disclosure Undertaking. A. Definitions. As used in this Section, the following terms have the meanings ascribed to such terms below: EMMA means the MSRB's Electronic Municipal Market Access system, accessible by the general public, without charge, on the internet through the uniform resource locator (URL) http://www.emma.msrb.org. MSRB means the Municipal Securities Rulemaking Board. Rule means SEC Rule 15c2 -12, as amended from time to time. SEC means the United States Securities and Exchange Commission. B. Annual Reports. The City shall file annually with the MSRB, (1) within six months after the end of each fiscal year of the City ending in or after 2014, financial information and operating data with respect to the City of the general type included in the final Official Statement authorized by Section 18 of this Ordinance, being the information described in Exhibit E hereto, and (2) if not 40668292.1 -32- provided as part of such financial information and operating data, audited financial statements of the City, when and if available. Any financial statements so to be provided shall be (i) prepared in accordance with the accounting principles described in Exhibit E hereto, or such other accounting principles as the City may be required to employ from time to time pursuant to state law or regulation, and (ii) audited, if the City commissions an audit of such financial statements and the audit is completed within the period during which they must be provided. If the audit of such financial statements is not complete within such period, then the City shall file unaudited financial statements within such period and audited financial statements for the applicable fiscal year to the MSRB, when and if the audit report on such financial statements becomes available. Under current Texas law, including, but not limited to, Chapter 103, as amended, Texas Local Government Code, the City must have its records and accounts audited annually and shall have an annual financial statement prepared based on the audit. The annual financial statement, including the auditor's opinion on the statement, shall be filed in the office of the City Secretary within 180 days after the last day of the City's fiscal year. Additionally, upon the filing of this financial statement and the annual audit, these documents are subject to the Texas Open Records Act, as amended, Texas Government Code, Chapter 552. If the City changes its fiscal year, it will file notice of such change (and of the date of the new fiscal year end) with the MSRB prior to the next date by which the City otherwise would be required to provide financial information and operating data pursuant to this Section. C. Notice of Certain Events. The City shall file notice of any of the following events with respect to the Bonds to the MSRB in a timely manner and not more than 10 business days after occurrence of the event: (1) Principal and interest payment delinquencies; (2) Non - payment related defaults, if material; (3) Unscheduled draws on debt service reserves reflecting financial difficulties; (4) Unscheduled draws on credit enhancements reflecting financial difficulties; (5) Substitution of credit or liquidity providers, or their failure to perform; (6) Adverse tax opinions, the issuance by the Internal Revenue Service of proposed or final determinations of taxability, Notices of Proposed Issue (IRS Form 5701 -TEB), or other material notices or determinations with respect to the tax status of the Bonds, or other material events affecting the tax status of the Bonds; (7) Modifications to rights of holders of the Bonds, if material; (8) Bond calls, if material, and tender offers; 40668292.1 -33- (9) Defeasances; (10) Release, substitution, or sale of property securing repayment of the Bonds, if material; (11) Rating changes; (12) Bankruptcy, insolvency, receivership, or similar event of the City, which shall occur as described below; (13) The consummation of a merger, consolidation, or acquisition involving the City or the sale of all or substantially all of its assets, other than in the ordinary course of business, the entry into of a definitive agreement to undertake such an action or the termination of a definitive agreement relating to any such actions, other than pursuant to its terms, if material; and (14) Appointment of a successor or additional paying agent /registrar or the change of name of a paying agent /registrar, if material. For these purposes, any event described in the immediately preceding paragraph (12) is considered to occur when any of the following occur: the appointment of a receiver, fiscal agent, or similar officer for the City in a proceeding under the United States Bankruptcy Code or in any other proceeding under state or federal law in which a court or governmental authority has assumed jurisdiction over substantially all of the assets or business of the City, or if such jurisdiction has been assumed by leaving the existing governing body and officials or officers in possession but subject to the supervision and orders of a court or governmental authority, or the entry of an order confirming a plan of reorganization, arrangement, or liquidation by a court or governmental authority having supervision or jurisdiction over substantially all of the assets or business of the City. The City shall file notice with the MSRB, in a timely manner, of any failure by the City to provide financial information or operating data in accordance with this Section by the time required by this Section. D. Limitations, Disclaimers, and Amendments. The City shall be obligated to observe and perform the covenants specified in this Section for so long as, but only for so long as, the City remains an "obligated person" with respect to the Bonds within the meaning of the Rule, except that the City in any event will give notice of any deposit that causes the Bonds to be no longer Outstanding. The provisions of this Section are for the sole benefit of the holders and beneficial owners of the Bonds, and nothing in this Section, express or implied, shall give any benefit or any legal or equitable right, remedy, or claim hereunder to any other person. The City undertakes to provide only the financial information, operating data, financial statements, and notices which it has expressly agreed to provide pursuant to this Section and does not hereby undertake to provide any other information that may be relevant or material to a complete 40668292.1 -34- presentation of the City's financial results, condition, or prospects or hereby undertake to update any information provided in accordance with this Section or otherwise, except as expressly provided herein. The City does not make any representation or warranty concerning such information or its usefulness to a decision to invest in or sell Bonds at any future date. UNDER NO CIRCUMSTANCES SHALL THE CITY BE LIABLE TO THE HOLDER OR BENEFICIAL OWNER OF ANY BOND OR ANY OTHER PERSON, IN CONTRACT OR TORT, FOR DAMAGES RESULTING IN WHOLE OR IN PART FROM ANY BREACH BY THE CITY, WHETHER NEGLIGENT OR WITH OR WITHOUT FAULT ON ITS PART, OF ANY COVENANT SPECIFIED IN THIS SECTION, BUT EVERY RIGHT AND REMEDY OF ANY SUCH PERSON, IN CONTRACT OR TORT, FOR OR ON ACCOUNT OF ANY SUCH BREACH SHALL BE LIMITED TO AN ACTION FOR MANDAMUS OR SPECIFIC PERFORMANCE. No default by the City in observing or performing its obligations under this Section shall constitute a breach of or default under this Ordinance for purposes of any other provision of this Ordinance. Nothing in this Section is intended or shall act to disclaim, waive, or otherwise limit the duties of the City under federal and state securities laws. The provisions of this Section may be amended by the City from time to time to adapt to changed circumstances that arise from a change in legal requirements, a change in law, or a change in the identity, nature, status, or type of operations of the City, but only if (1) the provisions of this Section, as so amended, would have permitted an underwriter to purchase or sell Bonds in the primary offering of the Bonds in compliance with the Rule, taking into account any amendments or interpretations of the Rule to the date of such amendment, as well as such changed circumstances, and (2) either (a) the holders of a majority in aggregate principal amount (or any greater amount required by any other provision of this Ordinance that authorizes such an amendment) of the Outstanding Bonds consent to such amendment or (b) a person that is unaffiliated with the City (such as nationally recognized bond counsel) determines that such amendment will not materially impair the interests of the holders and beneficial owners of the Bonds. The City may also repeal or amend the provisions of this Section if the SEC amends or repeals the applicable provisions of the Rule or any court of final jurisdiction enters judgment that such provisions of the Rule are invalid, and the City also may amend the provisions of this Section in its discretion in any other manner or circumstance, but in either case only if and to the extent that the provisions of this sentence would not have prevented an underwriter from lawfully purchasing or selling Bonds in the primary offering of the Bonds, giving effect to (a) such provisions as so amended and (b) any amendments or interpretations of the Rule. If the City so amends the provisions of this Section, the City shall include with any amended financial information or operating data next provided in accordance with this Section an explanation, in narrative form, of the reasons for the amendment and of the impact of any change in the type of financial information or operating data so provided. 40668292.1 -35- E. Information Format — Incorporation by Reference. The City information required under this Section shall be filed with the MSRB through EMMA in such format and accompanied by such identifying information as may be specified from time to time thereby. Under the current rules of the MSRB, continuing disclosure documents submitted to EMMA must be in word - searchable portable document format (PDF) files that permit the document to be saved, viewed, printed, and retransmitted by electronic means and the series of obligations to which such continuing disclosure documents relate must be identified by CUSIP number or numbers. Financial information and operating data to be provided pursuant to this Section may be set forth in full in one or more documents or may be included by specific reference to any document (including an official statement or other offering document) available to the public through EMMA or filed with the SEC. SECTION 39. Book -Entry OnlySystem. The Bonds initially shall be registered so as to participate in a securities depository system (the DTC System) with the Depository Trust Company, New York, New York, or any successor entity thereto (DTC), as set forth herein. Each Stated Maturity of the Bonds shall be issued (following cancellation of the Initial Bonds described in Section 7) in the form of a separate single definitive Bond. Upon issuance, the ownership of each such Bond shall be registered in the name of Cede & Co., as the nominee of DTC, and all of the Outstanding Bonds shall be registered in the name of Cede & Co., as the nominee of DTC. The City and the Paying Agent/Registrar are authorized to execute, deliver, and take the actions set forth in such letters to or agreements with DTC as shall be necessary to effectuate the DTC System, including the Letter of Representations attached hereto as Exhibit F (the Representation Letter). With respect to the Bonds registered in the name of Cede & Co., as nominee of DTC, the City and the Paying Agent /Registrar shall have no responsibility or obligation to any broker - dealer, bank, or other financial institution for which DTC holds the Bonds from time to time as securities depository (a Depository Participant) or to any person on behalf of whom such a Depository Participant holds an interest in the Bonds (an Indirect Participant). Without limiting the immediately preceding sentence, the City and the Paying Agent/Registrar shall have no responsibility or obligation with respect to (i) the accuracy of the records of DTC, Cede & Co., or any Depository Participant with respect to any ownership interest in the Bonds, (ii) the delivery to any Depository Participant or any other person, other than a registered owner of the Bonds, as shown on the Security Register, of any notice with respect to the Bonds, including any notice of redemption, or (iii) the delivery to any Depository Participant or any Indirect Participant or any other Person, other than a Holder of a Bond, of any amount with respect to principal of, premium, if any, or interest on the Bonds. While in the DTC System, no person other than Cede & Co., or any successor thereto, as nominee for DTC, shall receive a bond certificate evidencing the obligation of the City to make payments of principal, premium, if any, and interest pursuant to this Ordinance. Upon delivery by DTC to the Paying Agent /Registrar of written notice to the effect that DTC has determined to substitute a new nominee in place of Cede & Co., and subject to the provisions in this Ordinance with respect to interest checks or 40668292.1 -36- drafts being mailed to the Holder, the word "Cede & Co." in this Ordinance shall refer to such new nominee of DTC. In the event that (a) the City determines that DTC is incapable of discharging its responsibilities described herein and in the Representation Letter, (b) the Representation Letter shall be terminated for any reason, or (c) DTC or the City determines that it is in the best interest of the beneficial owners of the Bonds that they be able to obtain certificated Bonds, the City shall notify the Paying Agent /Registrar, DTC, and the Depository Participants of the availability within a reasonable period of time through DTC of bond certificates, and the Bonds shall no longer be restricted to being registered in the name of Cede & Co., as nominee of DTC. At that time, the City may determine that the Bonds shall be registered in the name of and deposited with a successor depository operating a securities depository system, as may be acceptable to the City, or such depository's agent or designee, and if the City and the Paying Agent/Registrar do not select such alternate securities depository system then the Bonds may be registered in whatever name or names the Holders of Bonds transferring or exchanging the Bonds shall designate, in accordance with the provisions hereof. Notwithstanding any other provision of this Ordinance to the contrary, so long as any Bond is registered in the name of Cede & Co., as nominee of DTC, all payments with respect to principal of, premium, if any, and interest on such Bond and all notices with respect to such Bond shall be made and given, respectively, in the manner provided in the Representation Letter. SECTION 40. Further Procedures. The officers and employees of the City are hereby authorized, empowered and directed from time to time and at any time to do and perform all such acts and things and to execute, acknowledge and deliver in the name and under the corporate seal and on behalf of the City all such instruments, whether or not herein mentioned, as may be necessary or desirable in order to carry out the terms and provisions of this Ordinance, the initial sale and delivery of the Bonds, the Paying Agent /Registrar Agreement, the Purchase Contract, the Agreement, and the Official Statement. In addition, prior to the initial delivery of the Bonds, any Authorized Official and Bond Counsel are hereby authorized and directed to approve any technical changes or corrections to this Ordinance or to any of the instruments authorized and approved by this Ordinance necessary in order to (i) correct any ambiguity or mistake or properly or more completely document the transactions contemplated and approved by this Ordinance and as described in the Official Statement, (ii) obtain a rating from any of the national bond rating agencies, or (iii) obtain the approval of the Bonds by the Texas Attorney General's office. In case any officer of the City whose signature shall appear on any certificate shall cease to be such officer before the delivery of such certificate, such signature shall nevertheless be valid and sufficient for all purposes the same as if such officer had remained in office until such delivery. SECTION 41. Contracts with Financial Advisor and/or Bond Counsel. The City Council authorizes the Mayor and /or the City Manager, or their designees, to take all actions necessary to execute any necessary financial advisory contracts with Southwest Securities, Inc., as the financial advisor to the City (the Financial Advisor). The City understands that under applicable federal securities laws and regulations that the City must have a contractual arrangement with its Financial Advisor relating to the sale, issuance, and delivery of the Bonds. In addition, the City Council also authorizes the Mayor and /or the City Manager, or their designees, to take all actions 40668292.1 -37- necessary to execute any necessary engagement agreement with Fulbright & Jaworski LLP, as the Bond Counsel to the City. SECTION 42. Effective Date. Pursuant to the provisions of Section 1201.028, as amended, Texas Government Code, this Ordinance shall be effective immediately upon adoption, notwithstanding any provision in the City's Home Rule Charter to the contrary concerning a multiple reading requirement for the adoption of ordinances. [The remainder of this page intentionally left blank.] 40668292.1 -38- PASSED, APPROVED AND ADOPTED on the 3rd day of June, 2014. CITY OF SCHERTZ, TEXAS Mayor ATTEST: City Secretary (CITY SEAL) 40668292.1 S -1 INDEX TO SCHEDULE AND EXHIBITS Schedule I .......... ............................... ..........................Table of Refunded Obligations Exhibit A ............ ............................... .........................Paying Agent/Registrar Agreement Exhibit B .............. ............................... .......................Purchase Contract Exhibit C ............ ............................... .........................Escrow and Trust Agreement Exhibit D ............ ............................... .........................Notice of Redemption Exhibit E ................. ............................... ....................Description of Annual Financial Information Exhibit F ......................................... ............................DTC Letter of Representations 40668292.1 S -2 Schedule I Refunded Obligations City of Schertz, Texas General Obligation Bonds, Series 2006, dated August 1, 2006, in the original principal amount of $15,000,000 stated to mature on February 1 in each of the years 2023 (2022 sinking fund redemption), 2025, 2027, and 2031, in the aggregate principal amount of $8,375,000, to be redeemed on February 1, 2016. 40668292.1 Schedule 1 -1 EXHIBIT A Paying Agent /Registrar Agreement See Tab No. 40668292.1 A -1 EXHIBIT B Purchase Contract See Tab No. 40668292.1 B -1 EXHIBIT C Escrow and Trust Agreement See Tab No. 40668292.1 C -1 EXHIBIT D Notice of Redemption See Tab No. 40668292.1 D -1 EXHIBIT E Description of Annual Financial Information The following information is referred to in Section 43 of this Ordinance. Annual Financial Statements and Operating Data The financial information and operating data with respect to the City to be provided annually in accordance with such Section are as specified (and included in the Appendix or under the headings of the Official Statement referred to) below: 1. The City's audited financial statements for the most recently concluded fiscal year or to the extent these audited financial statements are not available, the portions of the unaudited financial statements of the City appended to the Official Statement as Appendix D, but for the most recently concluded fiscal year. 2. The information in the Official Statement included under Table 1 and in Tables 1 through 13 of Appendix A. Accounting Principles The accounting principles referred to in such Section are generally accepted accounting principles for governmental units as prescribed by the Government Accounting Standards Board from time to time. 40668292.1 E -1 EXHIBIT F DTC Letter of Representations See Tab No. 40668292.1 F -1 Agenda No. 10 CITY COUNCIL MEMORANDUM City Council Meeting: June 3, 2014 Department: Parks Subject: Decision to Delay Issuance of Certificates of Obligation for $2 to $3 Million At the April 15, 2014 City Council meeting, Council approved Resolution 14 -R -37 authorizing the publication of the notice of the City's intent to issue up to $3,000,000 in Certificates of Obligation for the purpose of constructing a recreation pool and related facilities that will enhance the planned community pool of competition quality. Based on citizen comments and feedback, staff is delaying the decision to issue the Certificate of Obligation until the cost of the pool facility are better defined based on partial architectural designs.