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11-25-2014 Amended Agenda with BackupMEETING AGENDA City Council REGULAR SESSION CITY COUNCIL November 25, 2014 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 Edwards) City Events and Announcements • Announcements of upcoming City Events (J. Bierschwale /B. James) • Announcements and recognitions by City Manager (J. Kessel) Presentation • Briefing and information regarding the upcoming Festival of Angels 2014, December 5, 2014, 6:00 p.m. to 10:00 p.m. (J. Kessel /B. Cantu /M. Spence) Hearing of Residents This time is set aside for any person who wishes to address the City Council. Each person should fill out the speaker's register prior to the meeting. Presentations should be limited to no more than 3 minutes. All remarks shall be addressed to the Council as a body, and not to any individual member thereof. Any person making personal, impertinent, or slanderous remarks while addressing the Council may be requested to leave the meeting. 11 -25 -2014 Council Agenda 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 • Update on the Lone Star Rail Project. (B. James /J. Black) 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. 1. Minutes - Consideration and /or action regarding the approval of the minutes of the Regular Meeting of November 18, 2014. (J. Kessel/B. Dennis) 2. City of Schertz 2015 Master Calendar — Consideration and /or action regarding the approval of the City of Schertz 2015 Master Calendar (B. Cantu /S. Gonzalez) 3. Resolution No. 14 -R -95 — Consideration and /or action approving a Resolution amending the City of Schertz Code of Ordinances and certain other ordinances by amending and establishing fees for certain licenses, permits, and other services provided by the City of Schertz.(B. James /M. Sanchez) Discussion and Action Items 4. City Council Place 5 Resignation — Consideration and/or action accepting the resignation from Matthew Duke City Council Place 5. (Mayor /Council) 5. Resolution No. 14 -R -97 — Consideration and/or action approving a process for considering and appointing an individual to the vacant Place 5 City Council position. (J. Kessel/B. Dennis Roll Call Vote Confirmation Executive Session 6. City Council will meet in closed session under section 551.074 Evaluation of the City Secretary and Deputy City Secretary. Reconvene into Regular Session 6a. Take any necessary action based on discussions held in closed session under Agenda Item number 6. 11 -25 -2014 City Council Agenda Page - 2 - Roll Call Vote Confirmation Requests 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. Requests by Mayor and Councilmembers to City Manager and Staff for information. 10. Announcements by Mayor and Councilmembers • City and community events attended and to be attended • City Council Committee and Liaison Assignments (see assignments below) • Continuing education events attended and to be attended • Recognition of actions by City employees • Recognition of actions by community volunteers • Upcoming City Council agenda items 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 21St DAY OF NOVEMBER 2014 AT 4:00 P.M., WHICH IS A PLACE READILY ACCESSIBLE TO THE PUBLIC AT ALL TIMES AND THAT SAID NOTICE WAS POSTED IN ACCORDANCE WITH CHAPTER 551, TEXAS GOVERNMENT CODE. greKJ01 Deww's renda Dennis CPM, TRMC, MMC, City Secreta I CERTIFY THAT THE ATTACHED NOTICE AND AGENDA OF ITEMS TO BE CONSIDERED BY THE CITY COUNCIL WAS REMOVED BY ME FROM THE OFFICIAL BULLETIN BOARD ON DAY OF 2014. Title: This facility is accessible in accordance with the Americans with Disabilities Act. Handicapped parking spaces are available. If you require special assistance or have a request for sign interpretative services or other services please call 210 - 619 -1030. 11 -25 -2014 City Council Agenda Page - 3 - 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 Audit Committee Hal Baldwin Scholarship Committee Interview Committee for Boards and Commissions Investment Advisory Committee TIRZ II Board Mayor Pro -Tem John — Place 3 Lone Star Rail District Councilmember Fowler — Place 1 Councilmember Azzoz — Place 2 Interview Committee for Boards and Commissions Animal Control Advisory Committee Schertz Housing Board Liaison Sweetheart Advisory Committee Randolph Joint Land Use Study (JLUS) Executive Committee Schertz Seguin Local Government Corporation Councilmember Edwards — Place 4 Councilmember Duke — Place 5 Audit Committee Audit Committee Hal Baldwin Scholarship Committee Investment Advisory Committee Interview Committee for Boards and Commissions Cibolo Valley Local Government Corporation 11 -25 -2014 City Council Agenda Page - 4 - Agenda No. 2 CITY COUNCIL MEMORANDUM City Council Meeting: November 25, 2014 Department: Subject: BACKGROUND City Secretary Minutes The City Council held a regular meeting on November 18, 2014. FISCAL IMPACT None RECOMMENDATION Staff recommends Council approve the minutes of the regular meeting on November 18, 2014. ATTACHMENT Minutes — regular meeting November 18, 2014 MINUTES REGULAR MEETING November 18, 2014 A Regular Meeting was held by the Schertz City Council of the City of Schertz, Texas, on November 18, 2014, at 6:00 p.m., in the Hal Baldwin Municipal Complex Council Chambers, 1400 Schertz Parkway, Building #4, Schertz, Texas. The following members present to -wit: Mayor Michael Carpenter Councilmember Jim Fowler Councilmember Cedric Edwards Staff Present: Deputy City Manager John Bierschwale Chief of Staff Bob Cantu City Secretary Brenda Dennis Call to ordor Mayor Carpenter called the meeting to order at E Mayor Pro -Tem Daryl John Councilmember Grumpy Azzoz Councilmember Matthew Duke City Manager John Kessel Executive Director Brian James City Attorney Connie Lock Invocation and Pledges of Allegiance to the Flags of the United States and the State of Texas (Councilmember Fowler) Councilmember Fowler provided the invocation followed by the Pledges of Allegiance to the Flags of the United States and the State of Texas. Councilmember_ Edwards arrived at 6 :05 p.m. City Events and Announcements • Announcements of upcoming City Events (J. Bierschwale/B. James) Mayor Carpenter recognized Executive Director of Development Services Brian James who provided the following announcements: o Thursday, rasat ber 4, 2014, Lunch provided by the Community Council of South Central Te he Seni or Center Friday, December 5, 2014, Leadership Team Building, La Quinta Inn and Suites, 17654, Oaks Lane, 8 -5 p.m. o Friday, December 5, 2014, Festival of Angels Parade, Hal Baldwin Municipal Complex, 6:00 p.m. 11 -18 -2014 Minutes Page - 1 - • Announcements and recognitions by City Manager (J. Kessel) Mayor Carpenter recognized City Manager John Kessel who stated that at this time of year the EMS Department not only does the CPR recertification classes for city staff members but also for the local fire departments in the surrounding areas. He received a very nice note from Marion Fire Chief Thomas (Tom) Amen who complimented EMS Paramedic Wes Dailey for his superior training. Congratulations to our EMS personnel for a job well done. 1&6� Hearing of Residents: Mayor Carpenter recognized the following who spoke: k' lv� Ms. Clare Layton, 12231 Lost Meadows Drive, who congratulated all the newly elected/re- elected candidates and expressed words of appreciation to those who lost. Thanks to everyone who stood up for consideration. She stated she had many memories of past elections but this one was especially amazing because during the campaign, her and her husband were classified, `persons- non - grata'. Why? Was it because they pointed out that the topography of the southern area of the city is so flat that it is subject to a unique phenomenon known as sheet flow flooding? As a result, Rhine Valley now has a design which saves one third of its home sites from being flooded. Also, the City now acknowledges sheet flow in its UDC. Was it because we along with some others opposed TxDOT from building a road through a flood prone area known as Lake View Estates? Was it because Mr. Layton helped bring a $7 million Bexar County tax dollar funded flood control project to the Schaefer Road area. She was surprised when the pro - Schertz activities of the Laytons resulted in a candidate being told that he would have a much better chance of advancement within the city if he disassociated himself with us (the Laytons), Commissioner Wolverton, Councilmember Azzoz, Mr. Don Taylor, and Mr. Steve White. I am so proud that the Laytons were even mentioned in the same sentence with those gentlemen. To think that seeking the combined wisdom and historical knowledge of these six folks would be a disadvantage to anybody who wants to make it in Schertz is in her opinion a ludicrous remark; but this remark is `The memory' that she will take away from this election. • Ms. Jana Volitis, who stated that since tonight is the consideration of the charter review applicants, she wanted to introduce herself to those who did not know her. She moved here about 3.5 years ago (the military spouse of an active duty air force member). They fell in love with the Schertz area and moved here in 2010. She works at the Schertz Chamber with Maggie and Robin and she runs a small photography business on the side. She would love to serve the residents of Schertz and be a part of something great. • Ms. Maggie Titterington, who thanked everyone who attended the chamber awards banquet last Friday night. A bit of information from the forthcoming quarterly report is that from July through September we had almost 450 walk -ins who wanted a variety of information. They also took 800 field calls and four relocation requests. They broke a 11 -18 -2014 Minutes Page - 2 - record on internet searches and she gave some statistics on that traffic. They also integrated their Facebook and are getting people to `like' us, because ocial networking is here to stay. Tomorrow morning there will be a free breakfast at Encanto's Grill from 7:30- 9:00 a.m. Workshop • Discussion and possible action regarding Council Rules of Conduct and Procedures, and proposed Code of Ethics. (Mayor /Council) Mayor Carpenter recognized Councilmember Edwards who stated we have talked about this before and he thinks it is about right where we need it to be. We should go forward and pass this tonight as it bears merit. Mayor Carpenter stated that former Councilm er Scagliola had brought up his concern about the proper use of personal electronic ices duricouncil meetings. Mayor Carpenter recognized Councilmember Azzoz who stated he thinks all devices should be off, thereby not distracting anyone. Mayor Carpenter recognized Councilmember Edwards who commented that if there will be no electronics up here on the dais then 1) the ipad needs to go, 2) the monitor, and 3) the phone(s). This will be virtually impossible. The ipads are the nerve center to what we do. Everything is done on the ipad these days, events, training, other information, etc. Does he communicate with his iphone; yes he does, from his family and/or clients. However, the city does not pay his personal phone bill. The ipad is city owned and anyone can request data from that item at any time. Mayor Carpenter recognized Councilmember Fowler who stated he thinks it's a bit more than that. When someone is texting, they are not able to pay attention to what is going on within the meeting. If a speaker sees us texting it may appear to them know that we are not interested. He thinks we are doing a disservice to our speakers. We need to consider what the impression is that we are giving the speaker(s) and audience in general. Mayor Carpenter recognized Councilmember Duke who stated he pretty much operates paperless these days in everything he does, business and personal. He does not disagree with Mr. Fowler's point of courtesy to speaker(s). He does think we need a proper decorum but cautions about going one direction over the other and we should not make technology the enemy. We need to find a `balance'. Mayor Carpenter stated he sees two concerns: 1) a person being disrespectful by occupying themselves with another activity, or 2) if there is communication going on, is there a violation of the open communications act (state law). These things could also be accomplished with things other than electronics (i.e., newspapers, private conversation, etc.). He doesn't think we can or should control these things. Every member on the dais has a first amendment right to do foolish things. The public will judge them as well as I I -18 -2014 Minutes Page - 3 - the voters. If we choose to do inappropriate things it will ultimately be judged by the resident voters. Mayor Carpenter recognized Councilmember Fowler who stated as a reminder to everyone, the three minute rule we have is to give our citizens a chance to present an argument or state their concern to us. We cannot engage in conversation other than with factual information. It is stated this way because we set an agenda and we cannot get off into other areas outside of the agenda realm. If it is something that can be handled by a staff member, we ask them to get with that city employee to discuss it. If it does need to come before us then it can be put on the next agenda. We always will try to take action when we can and still stay within the guidelines of our procedures. Mayor Carpenter recognized Councilmember Azzoz who stated we have to make it a point to allot residents time to come before us to speak. Maybe we should allow a dialog with them to let them know we will get with them later to get their information. He also stated that in regard to the phone issue discussed earlier, he made a decision to give his time to the residents as a councilmember once a week for three or four hours; during this time he does not have to have his cell phone on. It is imperative to listen to our residents. We should be paying attention to the people speaking before us during council meetings. Mayor Carpenter stated that in regard to the three minute time limit for the hearing of residents portion of the meeting, it is there as a guideline. He can extend time if he wishes and so can council. Council can actually vote to suspend the rules at any given time and allow as much time as anyone wishes. State law however is clear in regard to how we can respond. We are limited to 1) responding with a statement of fact, 2) responding with a citing of current policy, or 3) debating whether to put the matter on a future agenda for discussion. We must and will follow state law. With regard to changing our rules of procedure regarding what electronic devices are allowed on the dais, council will have to decide that with a motion. We can have such a motion if that is the will of the council. Mayor Carpenter recognized Councilmember Azzoz who made a motion that no personal electronic devices be allowed on the dais during city council meetings. The motion failed for lack of a second. Mayor Carpenter stated the next item in this segment is the City Council Code of Ethics. He asked if there was anything that staff or legal counsel needed to address before discussion. City Attorney Connie Lock stated that any time there is an investigation they suggest the City get outside counsel to investigate it because there could be an ethical issue or perception that their firm could be biased. A few sections also address that if someone is being disciplined or censured it take place in private executive session unless the councilmember requests it in open session. It is also not clear in the code of conduct that you have the power of discipline or censure. The city attorney has provided some suggested language for this revision. Mayor Carpenter responded to Councilmember Duke in regard to Section 4.10 that states City Council shall have the authority to conduct an inquiry into the affairs of the city and I I -18 -2014 Minutes Page - 4 - the conduct of any department or agency. So we are trying to give some definition to that authority. Councilmember Duke said he is just asking if you have the ability to defend yourself if you are the accused. The City Attorney replied that would be a policy decision and could be reconsidered. City Manager John Kessel stated he agreed that any accused individual should be allowed to hear what the accusation is and respond to it. Mayor Carpenter suggested we have legal counsel and/or staff come up with a statement that would allow the accused to make a statement addressing the matter. Mayor Carpenter stated they would not take any action tonight but would take it up at a future meeting. I&I • Discussion and consideration and/or action regarding Co Liaison appointment positions on the various City boards and commissions. a reenter /Council) ■ Animal Control Advisory Committee %, N' • Cibolo Valley Local Government Corporation • Schertz Seguin Local Government Corporation • Sweetheart Advisory Committee • Interview Committee for Boards and Commissions Mayor Carpenter recognized City Secretary Brenda Dennis who introduced this item stating now that we have a new Councilmember it is time Council take the opportunity to re- evaluate their roles and assignments on the various City Council liaison assignments within the City. She stated Council needs to appoint a Councilmember to the following Boards, Committees: Animal Control Advisory Committee Cibolo Valley Local Government Corporation Schertz Seguin Local Government Corporation Sweetheart Advisory Committee Interview Committee for appointments to City Boards and Commissions a Council may also consider changing up the other Council assignments as outlined in the information provided. Mayor Carpenter asked for volunteers to serve on the committees vacated by former Councilmember David Scagliola. Councilmember Azzoz volunteered to serve on the Animal Control Advisory Committee and the Sweetheart Advisory Committee. Councilmember Edwards volunteered to serve on the Interview Committee and the Cibolo Valley Local Government Corporation. Councilmember Fowler volunteered to serve on the Schertz Seguin Local Government Corporation. Discussion and Action Items 1. Minutes — Approve the minutes of the regular meeting of November 12, 2014. (J. Kessel /B. Dennis) 11 -18 -2014 Minutes Page - 5 - Mayor Carpenter recognized Councilmember Edwards who moved, seconded by Councilmember Duke to approve the minutes of the special meeting of November 12, 2014. The vote was unanimous with Mayor Pro -Tem John, Councilmembers Fowler, Azzoz, Edwards and Duke voting yes and no one voting no. Motion passed. 2. Charter Review Commission Appointments — Discussion and consideration and /or action appointing the FY 2014/15 Charter Review Commission. (B. Dennis /Mayor /Council) Mayor Carpenter stated that we had asked for volunteers from the community to serve on a charter review committee and subsequently received several applicants. Tradition is that about every eight years or so the charter compels us to seat a charter review committee. In the past we have allowed the five voting members of council to appoint whomever they wish. In this case we solicited interest from the public and we have gotten several responses. Mayor Carpenter asked for further comments and/or recommendations of appointment. Nk Mayor Carpenter recognized Councilmember Edwards who recommended the appointment of Mr. Mark Davis. Councilmember John recommended the appointment of Mr. Michael Dahle. Councilmember Fowler recommended the appointment of Ms. Reginna Agee. Councilmember Azzoz recommended the appointment of Mr. Bert Crawford. Councilmember Duke recommended the appointment of Mr. Robin Thompson. Mayor Carpenter added that although the committee members stand as equals, they may choose amongst themselves to appoint a chairman, if they desire to do so, who can then report to council. The committee will begin working directly with city staff and the city attorney(s) and will hold open meetings. Mayor Carpenter recognized Councilmember Edwards who moved, seconded by Councilmember Duke to appoint the following individuals to the FY 2014/15 Charter Review Commission: Mr. Mark Davis, Mr. Michael Dahle, Ms. Reginna Agee, Mr. Bert Crawford, and Mr. Robin Thompson. The vote was unanimous with Mayor Pro -Tem John, Councilmembers Fowler, Azzoz, Edwards and Duke voting yes and no one voting no. Motion passed. 3. Resolution No. 14 -R -92 — Consideration and/or action approving a Resolution authorizing an Interlocal Agreement with the City of Cibolo related to the Nortex Farms Development. (J. Bierschwale /S. Willoughby) The following was read into record: RESOLUTION NO. 14 -R -92 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING AN INTERLOCAL AGREEMENT WITH THE CITY OF CIBOLO RELATED TO THE NORTEX FARMS DEVELOPMENT AND OTHER MATTERS IN CONNECTION THEREWITH 11 -18 -2014 Minutes Page - 6 - Mayor Carpenter recognized Deputy City Manager John Bierschwale who stated Nortex Farms Development has worked out their arrangements with Green Valley and the City of Cibolo and need assistance from the City of Schertz for their sewer. We already have relationships with Cibolo providing transportation as their sewer service. We also already have established policy and they will pay us for any capacity they absorb from the current mains we have in that area in the amount of $1,668. The first year they will pay 27 cents for a transportation line fee. That will escalate over the next five years, going to a high of 51 cents in 2017. They will make their payments annually. Mayor Carpenter recognized Councilmember Edwards who asked if there is anything that will allow us to protect the City of Schertz in case they decide not to pay. Mr. Bierschwale stated that if there is any default we will go through a process to collect it and they would also have to pay us if they discontinue their relationship with us. He emphasized that Cibolo has never defaulted with us before and doesn't expect that they will do so in the future. Mayor Carpenter recognized Councilmember Edwards who move ; onded by Councilmember Duke to approve Resolution No. 14 -R -92. The vote vyS unanimous with Mayor Pro -Tem John, Councilmembers Fowler, Azzoz, Edwards and Duke voting yes and no one voting no. Motion passed. 4. Resolution No. 14 -R -94 — Consideration and /or action approving a Resolution extending the Professional Services Agreement with Jackson A &E Associates, Inc., (J. Kessel/B. James) The following was read into record: RESOLUTION NO. 14 -R -94 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING AN AMENDED PROFESSIONAL SERVICES AGREEMENT WITH JACKSON A &E ASSOCIATES, INC., AND OTHER MATTERS IN CONNECTION THEREWITH Mayor Carpenter recognized Executive Director of Development Services Brian James who introduced this item stating that on November 8, 2011 the City entered into a contract for owner's representative services with Jackson A &E Associates, Inc., to provide third party owner's representative services for the multiple Capital Improvement Projects including the playscape, soccer complex, baseball complex, Animal Adoption Facility, and Aquatics Facility. The initial term of the agreement was for 12 months and was extended on November 19, 2012 and November 18, 2013. This resolution extends the agreement for up to another 24 months to allow for completion of remaining Capital Improvements Projects. Staff recommends approval of Resolution No. 14 -R -94 authorizing the City Manager to amend the contract with Jackson A &E Associates, Inc., to provide owner's representative services to the City of Schertz. 11 -18 -2014 Minutes Page - 7 - Mayor Carpenter recognized Councilmember Fowler who asked what additional projects Mr. Gaudreau has been involved in. Mr. James replied that he has also been involved in the aquatics facility plans, other building repairs and our facilities master plans. He gets called on for a lot of extra things. Mr. Fowler stated he has been sitting in on the pool design meetings recently and Mr. Gaudreau has been staying on top of things to make sure we stay on budget and the design is correct as we progress. There has also been great coordination with the local school district and the YMCA. He has found Mr. Gaudreau to be professional and forward looking. Mayor Carpenter recognized Councilmember Azzoz who asked about the cost of hiring Mr. Gaudreau. Mr. James stated the fee is $9,000 per month plus about $1,500 in expenses. Mr. Azzoz asked if there was not anyone locally we could hire where we wouldn't have these expenses. Mr. James stated they did not want to switch to someone else in the middle of these projects. Staff feels they are getting a lot of service for the money and this company has a lot of experience working with municipalities. However, if we have another project in the future, we may lean towards a local company. r Mayor Carpenter recognized Councilmember Edwards who asked if we have a running total of what has been saved so far. Mr. James said he would have to get that information and come back with it. Mr. Edwards said he would like that information in the next few weeks if possible. A discussion followed regarding the advantages of outsourcing for skills versus internal hiring. Mayor Carpenter recognized Councilmember Fowler who moved, seconded by Councilmember Edwards to approve Resolution No. 14 -R -94. The vote was 4 -1 -0 with Mayor Pro -Tern John, Councilmembers Fowler, Edwards and Duke voting yes and Councilmember Azzoz voting no. Motion passed. 5. Ordinance No. 14 -S -47- Consideration and/or action approving an Ordinance amending Part III, Schertz Code of Ordinances, Unified Development Code (UDC), Article 5 and 10 of the City of Schertz Unified Development Code (UDC) to create the Main Street Mixed Use Zoning District. Final Reading (B. James /B. James) The wing was read into record: ORDINANCE NO. 14 -S -47 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AMENDING THE CODE OF ORDINANCES, UNIFIED DEVELOPMENT CODE (UDC) SECTION 21.5.2 ZONING DISTRICTS ESTABLISHED: LIMITATIONS ON R -6 AND R -7, 21.5.5 STATEMENT OF PURPOSE AND INTENT FOR RESIDENTIAL DISTRICTS, TABLE 21.5.7.A DIMENSIONAL REQUIREMENTS RESIDENTIAL ZONING DISTRICTS, 21.5.8 PERMITTED USE TABLE, 21.10.4 SCHEDULE OF OFF - STREET PARKING REQUIREMENTS PROVIDING A REVERSIONARY CLAUSE; PROVIDING A 11 -18 -2014 Minutes Page - 8 - REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. Mayor Carpenter asked if council had any comments or questions and hearing none, asked for a vote. Mayor Carpenter recognized Councilmember Edwards who moved, seconded by Councilmember Duke to approve Ordinance No. 14 -S -47, final reading. The vote was unanimous with Mayor Pro -Tem John, Councilmembers Fowler, Azzoz, Edwards and Duke voting yes and no one voting no. Motion passed. a Roll Call Vote Confirmation Mayor Carpenter recognized City Secretary Brenda Dennis who recapped the votes of items 1 through 5. I` e Requests and Announc 6. Announcements • Citizen K • Recogniti • New Dep No further annou 7. Requests by Mal agenda. No requests were a >n a future City Council Requests by Mayor and Councilmembers to City Manager and Staff for information. No ests were made. Announcements jbyor and Councilmembers • City an community events attended and to be attended • City Council Committee and Liaison Assignments (see assignments below) • Continuing education events attended and to be attended • Recognition of actions by City employees • Recognition of actions by community volunteers • Upcoming City Council agenda items Mayor Carpenter recognized Councilmember Azzoz who stated he attended the following: 11 -18 -2014 Minutes Page - 9 - • Sunday, November 16, 2014, Library StoryWalk Dedication Mayor Carpenter recognized Councilmember Duke who stated he has really enjoyed learning a lot about the history of the city and its phases of change and requirements. This has been a wonderful place for him and his family to live. But just like the city, the phases and requirements of his family have also changed. He received a promotion earlier this year from his employer and so he and his wife began looking for another place to live within Schertz. They finally found another home, but it is outside of Schertz. In the next week or two they will be moving and he will be turning in his resignation from city council. He will be happy to stay on to the extent he is allowed to while Council looks for his replacement. Mayor Carpenter responded by asking everyone present to join him in extending his gratitude to Councilmember Duke for his service to the City of Schertz. Mayor Carpenter asked City Secretary Brenda Dennis to add an item to the agenda in approximately two weeks to address the selection of a replacement for Councilmember Duke. Once again he thanked Mr. Duke for his service, for serving on the Economic Development Corporation for many years and his more recent service as a Councilmember. AW i Adjournment As there was no further business, the meeting was adjourned at T 46 p.m. IPF -q44111Y ATTEST: Brenda Dennis, City Secretary 11 -18 -2014 Minutes Page - 10 - Michael R. Carpenter, Mayor Agenda No. 2 CITY COUNCIL MEMORANDUM City Council Meeting: November 25, 2014 Department: Subject: BACKGROUND: City Manager 2015 Master Calendar Each year the staff drafts a Master Calendar that serves as a planning tool for the upcoming year. FISCAL IMPACT: None RECOMMENDATION: Staff recommends Council approval of the Master Calendar with the following considerations: • Cancel the September 22, 2015 Council Meeting as it occurs the day Council and Management attend the Texas Municipal League Conference scheduled in San Antonio, September 22 -25, 2015 • Cancel the October 6, 2015 Council Meeting due to Texas National Night Out ATTACHMENTS: City of Schertz Master Calendar 2015 Boards /Commissions Calendar 2015 City of Schertz Master Calendar 2015 2 Texas Independence Day 7 Wilenchik Walk for Life 8 Daylight Savings Begins 9 -13 SCUCISD Spring Break 9 -13 East Central ISD Spring Break 16 -20 Comal ISD Spring Break 17 St. Patrick's Day 20 Spring Begins 20 Employee Remembrance Day 29 Palm Sunday 10 Mother's Day 16 Armed Forces Day 25 Memorial Day Holiday (office closed) S M T W T F S 1= 3 4® 6 7 8 9 10 = 12 13 14 15 16 17 18 19 20 21 22 = 24 -® 27 28 29 30 31 S M T W T F S 1 2 3 4 5 6= 8 9 10 11 12 ® 14 15 16 17 ® 19 20 21 22 23 24 25 26 ®® 29 30 31 JULY S M T W T F S 3-4 Schertz 4th of July Jubilee 1 2 3 4 4 Independence Day (office dosed on Jul. 3) 5 6 7 ® 9 10 11 12 13 14 15 16 17 18 19 20 21 ® ®3 24 25 26 = 28 29 30 31 7 Labor Day Holiday (office closed) 11 Patriot Day 13 -15 Rosh Hashanah 18 -19 SchertzFest 22 -25 Sept. Annual TML Conf: San Antonio 22 -23 Yom Kippur 23 Autumn Begins 23 -27 Comal County Fair S M T W T F S 1 2 = 4 5 6 7 8 - 10 11 12 13 ® 15 16 17 18 19 20 21 22 e® 25 26 27 = 29 30 14 Valentines Day 16 Presidents Day Holiday (office closed) 18 Ash Wednesday 19 Chinese New Year (Year of the Sheep) APRIL JANUARY FEBRUARY T S M T W T F S S M T W T F S 1 New Years Day (offices closed Jan. 1 & 2) 1 2 3 a 8 Elvis' Birthday 4= 6 7 8 9 10 1 2 3 4 5 6 7 17 Selma - Schertz 5K Run 11 12 13 ® 15 16 17 8 9 10 11 12 13 14 19 MLK Holiday (office closed) 18 19 20 21 ®2 23 24 15 16 17 18 19 20 21 18 25 27 29 30 31 1 22 24 25 26 27 28 23 24 25 16 -26 Fiesta Weeks 2 Texas Independence Day 7 Wilenchik Walk for Life 8 Daylight Savings Begins 9 -13 SCUCISD Spring Break 9 -13 East Central ISD Spring Break 16 -20 Comal ISD Spring Break 17 St. Patrick's Day 20 Spring Begins 20 Employee Remembrance Day 29 Palm Sunday 10 Mother's Day 16 Armed Forces Day 25 Memorial Day Holiday (office closed) S M T W T F S 1= 3 4® 6 7 8 9 10 = 12 13 14 15 16 17 18 19 20 21 22 = 24 -® 27 28 29 30 31 S M T W T F S 1 2 3 4 5 6= 8 9 10 11 12 ® 14 15 16 17 ® 19 20 21 22 23 24 25 26 ®® 29 30 31 JULY S M T W T F S 3-4 Schertz 4th of July Jubilee 1 2 3 4 4 Independence Day (office dosed on Jul. 3) 5 6 7 ® 9 10 11 12 13 14 15 16 17 18 19 20 21 ® ®3 24 25 26 = 28 29 30 31 7 Labor Day Holiday (office closed) 11 Patriot Day 13 -15 Rosh Hashanah 18 -19 SchertzFest 22 -25 Sept. Annual TML Conf: San Antonio 22 -23 Yom Kippur 23 Autumn Begins 23 -27 Comal County Fair S M T W T F S 1 2 = 4 5 6 7 8 - 10 11 12 13 ® 15 16 17 18 19 20 21 22 e® 25 26 27 = 29 30 14 Valentines Day 16 Presidents Day Holiday (office closed) 18 Ash Wednesday 19 Chinese New Year (Year of the Sheep) APRIL --------- S M T W T F S 3 4 5 6 11 -14 Texas City Mgt Assn Conf -Plano 7 8 1 a 3 4 3 Good Friday 5 6 7 8 9 10 11 3 -11 Passover 12 13 14 15 16 17 18 5 Easter 19 20 21 22 23 24 25 16 -26 Fiesta Weeks 26 = 28 29 30 31 JUNE --------- S M T W T F S, 1 2 3 4 5 6 11 -14 Texas City Mgt Assn Conf -Plano 7 8 9 10 11 12 13 14 Flag Day 14 15 16 17 18 19 20 18 June -17 July Ramadan 21 _ 23 24 25 26 27 21 Father's Day 28 29 30 11 21 Summer Begins S M T W T F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 M 25 111111ML 28 29 30 31 - ---------------- --------- OCTOBER S M - - - - -- T W T F S IN 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 6 Texas National Night Out 8 -11 Guadalupe County Fair 12 Columbus Day (office closed) 31 Halloween, Trunk or Treat S M T W T F S S M T W T F S 1 Daylight Savings Time Ends 1 = 3 a_ 6 7 1 2 3 4 5 4 Schertz Festival of Angels 3 Election Day 8 9 10 11 12 13 14 6 7 8 9 10 11 12 6 -14 Chanukah 11 Veterans Day (office closed) 15 = 17 ® 1® 20 21 13 14 15 16 17 18 19 22 Winter Begins 26 Thanksgiving (offices closed Nov. 26 & 27) 22 23 24 25 26 27 28 20 22 23 24 25 26 25 Christmas Day (office closed) 29 30 27 - 29 30 31 26 Dec. -1 Jan. Kwanzaa 31 New Years Eve SCUCISD Holidays are in red East Central ISD Holidays are underlined Corral ISD Holidays are in italics Council Meeting P &Z Comm Trans Safety Adv Comm City Holidays (office closed) Library Adv Bd Board of Adjustments SSLGC Meeting Econ Dev Corp Parks & Recreation Adv Board CVLGC Historical Preservation Comm * ** *Dates are subject to change. Check www.schertz.com for updated information 2015 Boards /Commissions Board of Adiustments Day: 41h Monday of the month Time: 6:00 pm Location: Council Chambers NOTE: During the following months, BOA will meet on the following date: May 18th (the 31d Monday) November 16th (the 3rd Monday) December 21St (the 3rd Monday) Economic Development Corporation Day: 4th Thursday of the month Time: 6:00 pm Location: Council Chambers Conference Room NOTE: During the following months, EDC will meet on the following date: November 19th (the 3rd Thursday) December 17th (the 3rd Thursday) Library Advisory Board Day: 1St Monday of the month Time: 7:00 pm Location: Library - Meeting Room 1 NOTE: There will be no meeting in July During September, the Library Board will meet on the following date: September 14th (the 2nd Monday) Parks & Recreation Advisory Board Day: 4th Monday of the month Time: 5:30 pm Location: Bob Andrews Conference Room NOTE: During the following months, Parks & Rec Advisory Board will meet on the following date: May 18th (the 3rd Monday) November 16th (the 3rd Monday) Planning and Zoning Day: 2nd and 41h Wednesdays of the month Time: 6:00 pm Location: Council Chambers NOTE: During November and December, P &Z only meets once a month: November 18th (the 3rd Wednesday) December 16th (the 3rd Wednesday) Transoortation Safetv Advisory Commission Day: 1St Thursday of the month Time: 5:30 pm Location: Council Chambers Conference Room NOTE: There will be no meeting in January or July Historical Preservation Committee Day: Quarterly on the 4th Thursday of the month: January 22nd, April 23rd, July 23rd and October 22nd Time: 6:30 pm Location: Bob Andrews Conference Room Schertz- Sequin Local Government Corporation Day: 3rd Thursday of the month Time: 1:30 pm Location: SSLGC Admin. Office Building — 108 W. Mountain Street, Seguin TX 78155 Cibolo Vallev Local Government Corporation Day: 4th Thursday of the month Time: 9:00 am Location: Alternates between Schertz & Cibolo — contact Regina Franke rfranke @seguintexas.gov NOTE: As of now, there will not be a November meeting (Nov. 26th), as it falls on a City holiday Agenda No. 3 CITY COUNCIL MEMORANDUM City Council Meeting: November 25, 2014 Department: Development Services Subject: Resolution No. 14 -R -95 — amending the City of Schertz Code of Ordinances and certain other ordinances by amending and establishing fees for certain licenses, permits, and other services provided by the City of Schertz BACKGROUND City Departments collect a wide variety of fees for permits, services, fines and other charges that are all part of the everyday operations of municipal government. Since September 2008, the fees have been incorporated into a single fee schedule. City Council approved the FY 2014 -15 fee schedule by final reading of Ordinance 14 -M -39 at their meeting of August 5, 2014. Future modifications to an adopted fee schedule are allowed by Resolution. Three separate fees were established in the Inspections Division for Fire Sprinkler, Fire Alarm and Fire Suppression Contractors at a rate of $60.00 each/annually. Staff notified contractors that were currently registered with the City that effective October 1, 2014, there would be an annual fee assessed for registration as adopted by the fee schedule. Shortly thereafter staff was contacted by the State Fire Marshal's Office informing that state law (Texas Insurance Code), prohibits a political subdivision from requiring fire alarm and fire sprinkler contractors to obtain a "registration" and show financial responsibility requirements (insurance). The reference sections in the statute are TIC 6002.003 (alarm) and TIC 6003.003 (sprinkler); a copy of which is attached. Goal To amend the Schedule of Fees and to omit the registration requirement for Fire Sprinkler and Fire Alarm Contractors in accordance with state law, the Texas Insurance Code; and to also omit the requirement for Fire Suppression Contractors. Community Benefit This amendment will resolve the conflict of adopting a registration fee for Fire Sprinkler and Fire Alarm Contractors that the City of Schertz has no authority to impose per the Texas Insurance Code; and to also omit the requirement for Fire Suppression Contractors. This amendment ensures accuracy in the assessment of fees and maintains our commitment to City Council Memorandum Page 2 financial transparency. The department has not collected the adopted fees having learned that is was prohibited by state law. All registered contractors were re- notified of this discovery and informed that no fee could be collected; nor would proof of insurance be requested upon permit application for a fire sprinkler, fire alarm or fire suppression system. Summary of Recommended Action The attached resolution amends Appendix C of the City code which details the fees by the Inspections Division of the Development Services Department. The Inspections Division Schedule of Fees will be effective upon approval of the Resolution. Staff recommends this Resolution be approved. FISCAL IMPACT None. RECOMMENDATION Staff recommends that Resolution 14 -R -95 amending the City of Schertz Code of Ordinances be approved. ATTACHMENTS Resolution No. 14 -R -95 Inspection Fee Schedule (Exhibit "A ") Texas Insurance Code RESOLUTION NO. 14 -R -95 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AMENDING THE CITY OF SCHERTZ CODE OF ORDINANCES AND CERTAIN OTHER ORDINANCES BY AMENDING AND ESTABLISHING FEES FOR CERTAIN LICENSES, PERMITS, AND OTHER SERVICES PROVIDED BY THE CITY OF SCHERTZ. WHEREAS, the City of Schertz (the "City ") has established by ordinances and resolutions fees for licenses, permits, and services provided by the City; and WHEREAS, the Schedule of Fees for the Inspections Division attached as Exhibit A reflects a revision to omit the registration of Fire Sprinkler, Fire Alarm and Fire Suppression Contractors; and WHEREAS, due to the need for periodic modification of said fees and for the purposes of efficiency, the City Council desires to adopt future fee changes by resolution rather than by ordinance. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS THAT: Section 1. The City Council authorizes the approval of an amendment to Ordinance 14 -M -39 as shown on Exhibit A, to omit the annual registration fee for Fire Sprinkler, Fire Alarm and Fire Suppression Contractors. 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 Council. Section 3. All resolutions and codes, 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 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, as amended, Texas Government Code. Section 7. This Resolution shall be in force and effect from and after its final passage, and it is so resolved. PASSED AND ADOPTED, this 25th day of November, 2014. Michael R. Carpenter, Mayor ATTEST: Brenda Dennis, City Secretary EXHIBIT A City of Schertz Schedule of Fees Inspections 1 2013 -14 2014 -15 Re- Inspection Fees Additional Permit Copies Each re- inspection, per trade $ 75.00 $ 75.00 Re- inspections after first, per trade $100.00 $100.00 NOTE: if re- inspection has been called for and the second inspection revealed $ 30.00 the original turn down items have not been corrected in part or whole, in $ 5.00 addition to the above fees, a seventy -two (72) hour notice of inspection shall be 5.00 Address Corrections required before another re- inspection will be conducted 30.00 $ Licenses/ Registrations: Notary Public $ General Contractor (Initial) $150.00 $150.00 General Contractor (Renewal) $100.00 $100.00 Master Electrician (Initial) $150.00 $150.00 Master Electrician (Renewal) $ 75.00 $ 75.00 Journeyman Electrician (Annually) $ 50.00 $ 50.00 Apprentice /Wireman Electrician (Annually) $ 25.00 $ 25.00 Mechanical Contractor (Annually) $ 60.00 $ 60.00 Plumbing Contractor (Annually)* N/C N/C Irrigation (Annually) $ 60.00 $ 60.00 Backflow Tester $ 60.00 $ 60.00 Sign Contractor (Initial) $150.00 $150.00 Sign Contractor (Renewal) $100.00 $100.00 Electrical Sign Contractor (Initial) $150.00 $150.00 Electrical Sign Contractor (Renewal) $ 75.00 $ 75.00 Electric Sign Journeyman Electrician (Annually) $ 50.00 $ 50.00 Electric Sign Apprentice /Wireman Electrician (Annually) $ 25.00 $ 25.00 Utility Contractor (Annually) $ 50.00 $ 50.00 Mobile Home Park (Annually) Fire Spr- nldeF System Gont,.,,,.teF (Annually) FiFe ni.,...., Syste.., Gant--actor (Annually) Fife 5;:,.pFessio System Goat...,, ter- (n...,,,ally) $ 40.00 $ 40.00 $ 68-09 $ 68-80 $ 60.00 *N /C - No Charge for license per state law Miscellaneous Fees Additional Permit Copies $ 5.00 $ 5.00 Street Name Change on Permit $ 30.00 $ 30.00 Duplicate of Licenses/ Registrations $ 5.00 $ 5.00 Address Corrections $ 30.00 $ 30.00 Notary Public $ 6.00 $ 6.00 Administrative Fee for Cancellation of Permit 10% of 10% of permit fee permit fee For any item not specifically included in the preceding schedule, the Development Services Department shall establish a fee consistent with the level of work and necessary inspections established by the schedule and the applicant shall be advised accordingly. INSURANCE CODE CHAPTER 6002. FIRE DETECTION AND ALARM DEVICE INSTALLATION or testing of a fire alarm device or a fire detection device. Added by Acts 2007, 80th Leg., R.S., Ch. 730 (H.B. 2636), Sec. 1J.001, eff. April 1, 2009. Amended by: Acts 2009, 81st Leg., R.S., Ch. 87 (S.B. 1969), Sec. 14.018(a), eff. September 1, 2009. Sec. 6002.003. EFFECT ON LOCAL REGULATION. (a) This chapter and the -rules adopted under this chapter have uniform force and effect throughout this state. A municipality or county may not enact an ordinance or rule .inconsistent with this chapter or rules adopted under this chapter. An inconsistent ordinance or rule is void and has no effect. (b) Notwithstanding Subsection (a), a municipality or county may: (1) mandate that a fire alarm or detection system be installed in certain facilities, if the installation conforms to applicable state law; (2) require a better type of alarm or detection system or otherwise safer condition than the minimum required by state law; and (3) require regular inspections by local officials of smoke detectors in dwelling units, as that term is defined by Section 92.251, Property Code, and require the smoke detectors to be operational at the time of inspection. (c) A municipality, county, or other political subdivision of this state may not require, as a condition of engaging in business or performing any activity authorized under this chapter, that a registered firm, a license holder, or an employee of a license holder: (1) obtain a registration, franchise, or license from the political subdivision; (2) pay any fee or franchise tax to the political subdivision; or (3) post a bond. (d) Notwithstanding any other provision of this section or Section 6002.155, a municipality or county may require a registered firm to obtain a permit and pay a permit fee for the installation of a fire alarm or fire detection device or system and require that the installation of such a system be in conformance with the building code or other construction requirements of the municipality or county and state law. (e) Notwithstanding Subsection (d), a municipality or county may not impose qualification or financial responsibility requirements other than proof of a registration certificate. (f) A political subdivision may not require a registered firm, a license holder, or an employee of a registered firm to maintain a business location or residency within that political subdivision to engage in a business or perform file: / / /Cl / ... 2000DE %20CHAPTER% 206002.% 20FIRE% 20DETECTION% 20AND% 20ALARM %20DEVICE %20INSTALLATION.htm1[11 /18/2014 1:15:05 PM] Re- codified with nonsubstantive changes to clarify and simplify the statutes and to make the statutes more accessible, understandable and usable, per Government Code, Sec. 323.007 —TW: S IASURANCE • TITLE r REGULATION • OTHER • . i • CHAPTER •il r PROTECTION Ps • SYSTEM : : • SUBCHAPTER A. GENERAL PROVISIONS Sec. 6003.001. DEFINITIONS. In this chapter: (1) "Fire protection sprinkler system" means an assembly of underground or overhead piping or conduits that conveys water with or without other agents to dispersal openings or devices to: (A) extinguish, control, or contain fire; and (B) provide protection from exposure to fire or the products of combustion. (2) "Fire protection sprinkler system contractor" means an individual or organization that offers to undertake, represents itself as being able to undertake, or undertakes the plan, sale, installation, maintenance, or servicing of: (A) a fire protection sprinkler system; or (B) any part of a fire protection sprinkler system. (3) "Individual' means a natural person, including an owner, manager, officer, employee, or occupant. (4) "Installation" means: (A) the initial placement of equipment; or (B) the extension, modification, or alteration of equipment after initial placement. (5) "Insurance agent" means: (A) an individual, firm, or corporation licensed under: (i) Subchapter E, Chapter 981; or (ii) Subchapter A, B, C, D, E, or G, Chapter 4051; or (B) an individual authorized to represent an insurance fund or pool created by a municipality, county, or other political subdivision of this state under Chapter 791, Government Code. (6) "License" means the document issued to a responsible managing employee authorizing the employee to engage in the fire protection sprinkler system business in this state. (7) "Maintenance" means the maintenance of a fire protection sprinkler system or any part of a fire protection sprinkler system in the condition of repair that provides performance as originally planned. (8) "Organization" means a corporation, a partnership or other business association, a governmental entity, or any other legal or commercial entity. (9) 'Registration certificate" means the document issued to a fire protection sprinkler system contractor authorizing the contractor to engage in business in this state. (10) 'Responsible managing employee" means an individual designated by a company that plans, sells, installs, maintains, or services fire protection sprinkler systems to ensure that each fire protection sprinkler system, as installed, maintained, or serviced, meets the standards for the system as provided by law. (11) "Service" means maintenance, repair, or testing. Added by Acts 2007, 80th Leg., R.S., Ch. 730, Sec. 1J.001, eff. April 1, 2009. Sec. 6003.002. APPLICABILITY OF CHAPTER. (a) This chapter does not apply to: (1) an employee of the United States, this state, or any political subdivision of this state who acts as a fire protection sprinkler system contractor for the employing governmental entity; (2) the plan, sale, installation, maintenance, or servicing of a fire protection sprinkler system in any property owned by the United States or this state; (3) an individual or organization acting under court order as authorization; (4) an individual or organization that sells or supplies products or materials to a registered fire protection sprinkler system contractor; (5) an installation, maintenance, or service project for which the total contract price for labor, materials, and all other services is less than $100, if: (A) the project is not a part of a complete or more costly project, whether the complete project is to be undertaken by one or more fire protection sprinkler system contractors; or (B) the project is not divided into contracts of less than $100 for the purpose of evading this chapter; Summer 2014 TIC Chapter 6003 and Sprinkler Rules State Fire Marshal's Office Page 3 of 24 (6) an engineer licensed under Chapter 1001, Occupations Code, acting solely in the engineer's professional capacity; (7) a regular employee of a registered fire protection sprinkler system contractor; or (8) an owner or lessee of property that: (A) installs a fire protection sprinkler system on the owned or leased property for the owner's or lessee's own use or for family members' use; and (B) does not offer the property for sale or lease before the first anniversary of the date of installation of the fire protection sprinkler system. (b) This chapter does not authorize an individual or organization to practice professional engineering other than in compliance with Chapter 1001, Occupations Code. Added by Acts 2007, 80th Leg., R.S., Ch. 730, Sec. 1J.001, eff. April 1, 2009. Sec. 6003.003. EFFECT ON LOCAL REGULATION. (a) This chapter and the rules adopted under this chapter have uniform force and effect throughout this state. A municipality or county may not enact an order, ordinance, or rule requiring a fire protection sprinkler system contractor to obtain a registration certificate from the municipality or county. A municipality or county may not impose on a fire protection sprinkler system contractor qualification or financial responsibility requirements other than proof of a registration certificate. (b) Notwithstanding any other provision of this chapter, a municipality or county may require a fire protection sprinkler system contractor to obtain a permit and pay a permit fee for the installation of a fire protection sprinkler system and require the installation of a fire protection sprinkler system to conform to the building code or other construction requirements of the municipality or county. (c) A municipal or county order, ordinance, or rule in effect on September 1, 1983, is not invalidated because of any provision of this chapter. k Added by Acts 2007, 80th Leg., R.S., Ch. 730, Sec. 1J.001, eff. April 1, 2009. SUBCHAPTER B. POWERS AND DUTIES OF COMMISSIONER, DEPARTMENT, AND STATE FIRE MARSHAL Sec. 6003.051. ADMINISTRATION OF CHAPTER. (a) The department shall administer this chapter. (b) The commissioner may issue rules necessary to administer this chapter through the state fire marshal. Added by Acts 2007, 80th Leg., R.S., Ch. 730, Sec. 1J.001, eff. April 1, 2009. Sec. 6003.052. ADOPTION OF RULES. (a) In adopting necessary rules, the commissioner may use recognized standards, including standards: (1) adopted by federal law or regulation; (2) published by a nationally recognized standards - making organization; or (3) developed by individual manufacturers. (b) Under rules adopted under Section 6003.051(b), the department may create a specialized licensing or registration program for fire protection sprinkler system contractors. Added by Acts 2007, 80th Leg., R.S., Ch. 730, Sec. 1J.001, eff. April 1, 2009. Sec. 6003.053. RULES RESTRICTING ADVERTISING OR COMPETITIVE BIDDING. (a) The commissioner may not adopt rules restricting advertising or competitive bidding by the holder of a license or registration certificate issued under this chapter except to prohibit false, misleading, or deceptive practices. (b) In the commissioner's rules to prohibit false, misleading, or deceptive practices, the commissioner may not include a rule that: (1) restricts the use of any medium for advertising; (2) restricts the use of a license or registration certificate holder's personal appearance or voice in an advertisement; (3) relates to the size or duration of an advertisement by the license or registration certificate holder; or (4) restricts the license or registration certificate holder's advertisement under a trade name. Added by Acts 2007, 80th Leg., R.S., Ch. 730, Sec. 1J.001, eff. April 1, 2009. Summer 2014 TIC Chapter 6003 and Sprinkler Rules State Fire Marshal's Office Page 4 of 24 Agenda No. 4 CITY COUNCIL MEMORANDUM City Council Meeting: November 25, 2014 Department: Subject: BACKGROUND Mayor /Council Acceptance of the resignation of Matthew Duke City Council Place 5 At the City Council meeting of November 18, 2014, Matthew Duke City Council Place 5 announced that he would be moving out of the City of Schertz. FISCAL IMPACT None RECOMMENDATION Staff recommends Council accept Mr. Duke's resignation. Agenda No. 5 CITY COUNCIL MEMORANDUM City Council Meeting: November 25, 2014 Department: City Secretary Subject: Resolution No. 14 -R -97 — Resolution announcing that the City Council is accepting applications for the Vacant Place 5 City Council position in the City of Schertz, Texas; approving the form of application for appointment; setting a deadline for submitting applications, setting an interview date; authorizing the City Secretary to advertise on the City's Website and in the City's Newspaper of Record that applications are being accepted for the Vacant Place 5 City Council Positon; and other matters in connection therewith BACKGROUND At the January 8, 2013, Council Meeting Council approved Ordinance No. 12 -M -34 on final reading regarding the procedures for appointing a Councilmember. Appointment Procedure for a Councilmember 5.2 Appointment Procedure for a Councilmember. (a) The Council may appoint a Councilmember to a vacant seat as authorized by Section 4.06 of the City Charter. (b) The Council will announce and advertise on the City's website and in the City's newspaper of record that applications are being accepted for a vacant position on Council. (c) A due date for applications to be submitted will be set. (d) Applicants must meet the qualifications for a Councilmember set forth in Section 4.02 of the City Charter. City Council Memorandum Page 2 (e) Applications will be received by the City Secretary's office and distributed to all Councilmembers. (f) An interview date will be set and posted for a public meeting. (g) Interviews of prospective candidates will be held in a public forum by a quorum of Councilmembers. (h) Councilmembers will discuss, and appoint by majority vote, the new member of Council at either the same meeting as the interviews or at a subsequent Council meeting. (i) The Council is the final judge of whether a candidate is qualified to serve as a Councilmember as set forth in Section 4.03 of the City Charter. 0) Council reserves the right to alter this procedure at any time by resolution or rule. Staff incorporated these procedures into the Current Council Rules of Conduct and Procedures. (See Attached Current Copy adopted by Ordinance No. 14 -M -46) Goal To establish a date and time for submittal of applications for the City Council Place 5 vacancy. Community Benefit Establishment of a fully seated Council. Summary of Recommended Action Staff recommends Council review the two (2) Resolutions No. 14 -R -97 (A) with a deadline to submit applications by December 15, 2014 and set interviews for December 16, 2014, or Resolution No. 14 -R -97 (B), with a deadline to submit applications by December 29, 2014, and set interviews for January 6, 2015, or may as stated above under (J) Council may reserve the right to alter this procedure by resolution or rule. FISCAL IMPACT None RECOMMENDATION Council discuss the above options and direct staff accordingly. ATTACHMENTS Resolution No. 14 -R -97 (A), Resolution No. 14 -R -97 (B), and Resolution No. 14 -R -97 (C) and Pros and Cons Sheet. RESOLUTION NO. 14 -R -97 (A) A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS ANNOUNCING THAT THE CITY COUNCIL IS ACCEPTING APPLICATIONS FOR THE VACANT PLACE 5 CITY COUNCIL POSITION IN THE CITY OF SCHERTZ, TEXAS; APPROVING THE FORM OF APPLICATION FOR APPOINTMENT; SETTING A DEADLINE FOR SUBMITTING APPLICATIONS FOR APPOINTMENT; SETTING AN INTERVIEW DATE; AUTHORIZING THE CITY SECRETARY TO ADVERTISE ON THE CITY'S WEBSITE AND IN THE CITY'S NEWSPAPER OF RECORD THAT APPLICATIONS ARE BEING ACCEPTED FOR THE VACANT PLACE 5 CITY COUNCIL POSITION; AND OTHER MATTERS IN CONNECTION THEREWITH WHEREAS, pursuant to Ordinance No. 14 -M -46, the City Council of the City of Schertz, Texas (the "City ") adopted procedures to fill certain vacancies on the City Council (the "Procedures "); and WHEREAS, there is currently a vacancy in the City Councilmember Place 5 position; and WHEREAS, the City Council has determined that it is in the best interest of the City to seek applications for appointment to fill the vacant Place 5 Councilmember position in accordance with the Procedures; and WHEREAS, at the November 25, 2014, City Council meeting, the City Council directed City Staff to commence the process for accepting applications for appointment to fill the vacant Place 5 Councilmember position in accordance with the Procedures. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS THAT: Section 1. The City Council of the City hereby announces that the City Council is accepting applications for appointment for the vacant Place 5 City Councilmember position. The City Council hereby directs the City Secretary, or her designee, to make the form of application set forth on Exhibit "A" attached hereto and incorporated herein (the "Application ") available to prospective candidates in accordance with the Procedures. In addition, the City Secretary, or her designee, is hereby directed to place a Public Notice on the City's website and in the City's newspaper of record announcing that the City is currently accepting qualified candidate applications in the form of the Application from citizens interested in serving on the City Council in Place 5 to fill an unexpired term expiring in November 2015. Section 2. The City Council hereby sets the deadline for submission of applications to the City Secretary as Monday, December 15, 2014 at 12:00 p.m., and the City Council hereby sets the date for interviews of qualified applicants for Tuesday, December 16, 2014, at 4:00 p.m. at the Hal Baldwin Municipal Complex, City Council Chambers, 1400 Schertz Parkway, Building #4, Schertz, Texas. Section 3. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Resolution for all purposes and are adopted as a part of the judgment and findings of the City Council. Section 4. All resolutions, or parts thereof, which are in conflict or inconsistent with any provision of this Resolution are hereby repealed to the extent of such conflict, and the provisions of this Resolution shall be and remain controlling as to the matters resolved herein. Section 5. This Resolution shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 6. If any provision of this Resolution or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Resolution and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City Council hereby declares that this Resolution would have been enacted without such invalid provision. Section 7. It is officially found, determined, and declared that the meeting at which this Resolution is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Resolution, was given, all as required by Chapter 551, Texas Government Code, as amended. Section 8. This Resolution shall be in force and effect from and after its final passage, and it is so resolved. PASSED AND ADOPTED, this 25th day of November, 2014. CITY OF SCHERTZ, TEXAS Mayor, Michael R. Carpenter ATTEST: City Secretary, Brenda Dennis (CITY SEAL) 50594976.2 - 2 - EXHIBIT A APPLICATION FOR APPOINTMENT FOR THE VACANT PLACE 5 CITY COUNCILMEMBER POSITION RESOLUTION NO. 14 -R -97 (B) A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS ANNOUNCING THAT THE CITY COUNCIL IS ACCEPTING APPLICATIONS FOR THE VACANT PLACE 5 CITY COUNCIL POSITION IN THE CITY OF SCHERTZ, TEXAS; APPROVING THE FORM OF APPLICATION FOR APPOINTMENT; SETTING A DEADLINE FOR SUBMITTING APPLICATIONS FOR APPOINTMENT; SETTING AN INTERVIEW DATE; AUTHORIZING THE CITY SECRETARY TO ADVERTISE ON THE CITY'S WEBSITE AND IN THE CITY'S NEWSPAPER OF RECORD THAT APPLICATIONS ARE BEING ACCEPTED FOR THE VACANT PLACE 5 CITY COUNCIL POSITION; AND OTHER MATTERS IN CONNECTION THEREWITH WHEREAS, pursuant to Ordinance No. 14 -M -46, the City Council of the City of Schertz, Texas (the "City ") adopted procedures to fill certain vacancies on the City Council (the "Procedures "); and WHEREAS, there is currently a vacancy in the City Councilmember Place 5 position; and WHEREAS, the City Council has determined that it is in the best interest of the City to seek applications for appointment to fill the vacant Place 5 Councilmember position in accordance with the Procedures; and WHEREAS, at the November 25, 2014, City Council meeting, the City Council directed City Staff to commence the process for accepting applications for appointment to fill the vacant Place 5 Councilmember position in accordance with the Procedures. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS THAT: Section 1. The City Council of the City hereby announces that the City Council is accepting applications for appointment for the vacant Place 5 City Councilmember position. The City Council hereby directs the City Secretary, or her designee, to make the form of application set forth on Exhibit "A" attached hereto and incorporated herein (the "Application ") available to prospective candidates in accordance with the Procedures. In addition, the City Secretary, or her designee, is hereby directed to place a Public Notice on the City's website and in the City's newspaper of record announcing that the City is currently accepting qualified candidate applications in the form of the Application from citizens interested in serving on the City Council in Place 5 to fill an unexpired term expiring in November 2015. Section 2. The City Council hereby sets the deadline for submission of applications to the City Secretary as Monday, December 29, 2014 at 12:00 p.m., and the City Council hereby sets the date for interviews of qualified applicants for Tuesday, January 6, 2015 at 4:00 p.m. at the Hal Baldwin Municipal Complex, City Council Chambers, 1400 Schertz Parkway, Building #4, Schertz, Texas. Section 3. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Resolution for all purposes and are adopted as a part of the judgment and findings of the City Council. Section 4. All resolutions, or parts thereof, which are in conflict or inconsistent with any provision of this Resolution are hereby repealed to the extent of such conflict, and the provisions of this Resolution shall be and remain controlling as to the matters resolved herein. Section 5. This Resolution shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 6. If any provision of this Resolution or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Resolution and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City Council hereby declares that this Resolution would have been enacted without such invalid provision. Section 7. It is officially found, determined, and declared that the meeting at which this Resolution is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Resolution, was given, all as required by Chapter 551, Texas Government Code, as amended. Section 8. This Resolution shall be in force and effect from and after its final passage, and it is so resolved. PASSED AND ADOPTED, this 25th day of November, 2014. CITY OF SCHERTZ, TEXAS Mayor, Michael R. Carpenter ATTEST: City Secretary, Brenda Dennis (CITY SEAL) 50594976.2 - 2 - EXHIBIT A APPLICATION FOR APPOINTMENT FOR THE VACANT PLACE 5 CITY COUNCILMEMBER POSITION RESOLUTION NO. 14 -R -97 (C) A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS ADOPTING A PROCESS AND PROCEDURE FOR APPOINTMENT OF AN INDVIDUAL TO THE VACANT PLACE 5 CITY COUNCIL SEAT; AND OTHER MATTERS IN CONNECTION THEREWITH WHEREAS, pursuant to Ordinance No. 14 -M -46 the City Council of the City of Schertz, Texas (the "City ") adopted procedures to fill certain vacancies on the City Council (the "Procedures "); and WHEREAS, there is currently a vacancy in the City Councilmember Place 5 position; and WHEREAS, the City Council has determined that it is in the best interest of the City to seek applications for appointment to fill the vacant Place 5 Councilmember position in accordance with the Procedures; and WHEREAS, City Council has previously adopted rules of Conduct and Procedure which includes a process for appointment to vacant City Council seats; and WHERES, pursuant to Section 5.2 0) of the Rules of Conduct and Procedure City Council may, at its discretion, alter the adopted process for appointment to City Council vacancies by resolution or rule; and WHEREAS, City Council finds and determines that it is necessary and appropriate to alter the adopted process as outlined in this Resolution for the single purpose of filling the current vacancy in Place 5. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS THAT: Section 1. The City Council, pursuant to its authority in section 5.2 (J) of the City Council's Rules of Conduct and Procedures, hereby adopts the following procedures for City Council appointment to the currently vacant City Council Place 5: Section 2. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Resolution for all purposes and are adopted as a part of the judgment and findings of the City Council. Section 3. All resolutions, or parts thereof, which are in conflict or inconsistent with any provision of this Resolution are hereby repealed to the extent of such conflict, and the provisions of this Resolution shall be and remain controlling as to the matters resolved herein. Section 4. This Resolution shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 5. If any provision of this Resolution or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Resolution and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City Council hereby declares that this Resolution would have been enacted without such invalid provision. Section 6. It is officially found, determined, and declared that the meeting at which this Resolution is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Resolution, was given, all as required by Chapter 551, Texas Government Code, as amended. Section 7. This Resolution shall be in force and effect from and after its final passage, and it is so resolved. PASSED AND ADOPTED, this 25th day of November, 2014. CITY OF SCHERTZ, TEXAS Mayor, Michael R. Carpenter ATTEST: City Secretary, Brenda Dennis (CITY SEAL) 50594976.2 - 2 - EXHIBIT A APPLICATION FOR APPOINTMENT FOR THE VACANT PLACE 5 CITY COUNCILMEMBER POSITION CITY OF SCHERTZ CITY COUNCIL RULES OF CONDUCT AND PROCEDURE These Rules of Conduct and Procedure (these "Rules ") are intended to provide an understandable and workable structure for City Council meetings. These Rules shall serve to aid the conduct of public business at Council meetings, to facilitate communication at Council meetings among Councilmembers and between Councilmembers and City staff and members of the public, and to promote confidence in the citizens that their government is performing its duties with the highest of ethical standards and with a genuine interest in the well -being of the community. There Rules are in all events subject to the City Charter and applicable provisions of State law, including the Texas Open Meetings Act. As a part of these Rules, the Council has established the following Code of Conduct for the Mayor and all Councilmembers: • Address the merits of the issues no personal attacks • Focus on representing the interests of all citizens. • Attempt to resolve personal conflicts among Councilmembers internally before speaking publicly. • Assume positive intentions don't look for hidden agendas. • Observe the City's written Rules of Conduct and Procedure. • When others are speaking, listen with an open mind. • Recognize that inappropriate public disclosure of confidential information can be detrimental to the City and its citizens. • Understand that "majority rules ". Once a vote is taken, if you were in the minority agree to disagree and move on. Recognize that a majority view, when expressed in a vote, becomes an expression of City policy. • Coordinate all requests of the City staff through the City Manager. 10 -28 -2014 TABLE OF CONTENTS 3.1 Regular Meetings ................................................................................ ............................... 2 3.2 Special Meetings ................................................................................. ............................... 2 3.3 Recessed Meetings .............................................................................. ............................... 2 3.4 Adjourned Meetings ............................................................................ ............................... 2 3.5 Executive Sessions .............................................................................. ............................... 2 3.6 Emergency Meetings .......................................................................... ............................... 3 ARTICLE 4. PRESIDING OFFICER AND DUTIES 4.1 Mayor ................................................................................................... ..............................3 4.2 Call to Order ....................................................................................... ............................... 3 4.3 Preservation of Order .......................................................................... ............................... 3 4.4 Rulings by Presiding Officer .............................................................. ............................... 3 4.5 Questions to be Stated ......................................................................... ............................... 3 4.6 Substitution of Mayor ......................................................................... ............................... 3 ARTICLE 5. APPOINTMENT PROCEDURES 5.1 Appointment Procedure for the Mayor Pro Tem ................................ ............................... 3 5.2 Appointment Procedure for a Councilmember ................................... ............................... 4 10 -28 -2014 1 Page ARTICLE 1. AUTHORITY 1.1 City Charter ......................................................................................... ............................... 1 1.2 Effective Date; Amendment ............................................................... ............................... 1 ARTICLE 2. GENERAL RULES 2.1 Meetings to be Public .......................................................................... ............................... 1 2.2 Quorum ............................................................................................... ............................... 1 2.3 Minutes of Meetings ........................................................................... ............................... 1 2.4 Questions to Contain One Subject ...................................................... ............................... 1 2.5 Right to the Floor ................................................................................ ............................... 1 2.6 City Manager ...................................................................................... ............................... 1 2.7 City Attorney ...................................................................................... ............................... 2 2.8 City Secretary ...................................................................................... ............................... 2 2.9 Officers and Employees ...................................................................... ............................... 2 2.10 Rules of Order ..................................................................................... ............................... 2 2.11 Suspension of Rules ............................................................................ ............................... 2 2.12 Amendment to Rules ........................................................................... ............................... 2 2.13 Matters Not Addressed by Rules ........................................................ ............................... 2 ARTICLE 3. TYPES OF MEETINGS 3.1 Regular Meetings ................................................................................ ............................... 2 3.2 Special Meetings ................................................................................. ............................... 2 3.3 Recessed Meetings .............................................................................. ............................... 2 3.4 Adjourned Meetings ............................................................................ ............................... 2 3.5 Executive Sessions .............................................................................. ............................... 2 3.6 Emergency Meetings .......................................................................... ............................... 3 ARTICLE 4. PRESIDING OFFICER AND DUTIES 4.1 Mayor ................................................................................................... ..............................3 4.2 Call to Order ....................................................................................... ............................... 3 4.3 Preservation of Order .......................................................................... ............................... 3 4.4 Rulings by Presiding Officer .............................................................. ............................... 3 4.5 Questions to be Stated ......................................................................... ............................... 3 4.6 Substitution of Mayor ......................................................................... ............................... 3 ARTICLE 5. APPOINTMENT PROCEDURES 5.1 Appointment Procedure for the Mayor Pro Tem ................................ ............................... 3 5.2 Appointment Procedure for a Councilmember ................................... ............................... 4 10 -28 -2014 1 TABLE OF CONTENTS (continued) 9.1 Page 9.2 ARTICLE 6. 8 9.3 ORDER OF BUSINESS 8 6.1 Agenda ................................................................................................ ............................... 5 6.2 Communication to Mayor and Council ............................................... ............................... 5 6.3 Approval of Minutes ........................................................................... ............................... 6 6.4 Presentations by Members of Council ................................................ ............................... 6 6.5 Consent Agenda .................................................................................. ............................... 6 9.9 ARTICLE 7. 10 9.10 CONSIDERATION OF ORDINANCES, RESOLUTIONS, AND MOTIONS 10 7.1 Printed, Typewritten, or Electronic Form ........................................... ............................... 6 7.2 City Manager Review ......................................................................... ............................... 6 7.3 City Attorney to Approve ................................................................... ............................... 6 7.4 Funding ............................................................................................... ............................... 6 7.5 Reading of Caption Only .................................................................... ............................... 6 7.6 Ordinances -Two Readings; Emergencies ........................................ ............................... 6 7.7 Recording of Votes ............................................................................. ............................... 7 7.8 Vote Required ..................................................................................... ............................... 7 7.9 Tie Vote .............................................................................................. ............................... 7 7.10 Numbering Ordinances and Resolutions ............................................ ............................... 7 7.11 Ordinance Passage Procedure ............................................................. ............................... 7 ARTICLE 8 RULES OF DECORUM 8.1 Recognition by presiding officer ........................................................ ............................... 7 8.2 Order ................................................................................................... ............................... 7 8.3 Presiding Officer ................................................................................. ............................... 7 8.4 Improper References to be Avoided ................................................... ............................... 8 8.5 Interruptions ........................................................................................ ............................... 8 ARTICLE 9. MOTIONS AND MEETING PROCEDURES 9.1 Motions ............................................................................................... ............................... 8 9.2 Debate ................................................................................................. ............................... 8 9.3 Motion Procedures .............................................................................. ............................... 8 9.4 Point of Privilege ................................................................................ ............................... 9 9.5 Point of Procedure or Order ................................................................ ............................... 9 9.6 To Appeal a Ruling ............................................................................. ............................... 9 9.7 To Recess ................................................................................... ............................... 9 & 10 9.8 To Withdraw ..................................................................................... ............................... 10 9.9 To Postpone or Extend ...................................................................... ............................... 10 9.10 To Refer ............................................................................................ ............................... 10 9.11 To Amend ......................................................................................... ............................... 10 9.12 To Limit or Close Debate or "Call the Question" ............................. ............................... 10 9.13 To Count the Vote ............................................................................. ............................... 11 9.14 To Take Action or Reconsider an Action; Main Motions ................ ............................... 11 10 -28 -2014 11 TABLE OF CONTENTS (continued) Page 9.15 To take action or Rescind motion ..................................................... ............................... 11 9.16 To Take Action; Main Motions ........................................................ ............................... 11 ARTICLE 10. ENFORCEMENT OF DECORUM 10.1 Warning ............................................................................................... .............................12 10.2 Removal .............................................................................................. .............................12 10.3 Resisting Removal ............................................................................ ............................... 12 10.4 Motions to Enforce ........................................................................... ............................... 12 10.5 Adjournment ..................................................................................... ............................... 12 ARTICLE 11. CREATION OF COMMITTEES, BOARDS, AND COMMISSIONS 11.1 Standing Committees ........................................................................ ............................... 12 11.2 Special Committees ................................................................. ............................... 12 & 13 ARTICLE 12. CITIZENS' RIGHTS 12.1 Addressing the Council ..................................................................... ............................... 13 12.2 Manner of Addressing the Council — Time Limit ............................. ............................... 13 12.3 Personal and Slanderous Remarks .................................................... ............................... 13 12.4 Public Hearings ................................................................................. ............................... 13 12.5 Written Communications .................................................................. ............................... 13 12.6 Hearing of Residents ......................................................................... ............................... 14 ARTICLE 13. COUNCIL AND STAFF RELATIONS 13.1 City Manager to Provide Information ............................................... ............................... 14 13.2 City Manager's Responses to Requests ............................................ ............................... 14 13.3 Directions to City Manager ............................................................... ............................... 15 13.4 City Manager's Duty to Inform ........................................................ ............................... 15 13.5 Customer Concerns ........................................................................... ............................... 15 13.6 City Manager /Council Relations ....................................................... ............................... 15 10 -28 -2014 111 ARTICLE 1. AUTHORITY 1.1 City Charter. Section 4.09 (d) of the City Charter provides that the Council shall, by ordinance, determine its own rules and order of business. 1.2 Effective Date; Amendment. These Rules shall be in effect upon their adoption by the Council and until such time as they are amended or new rules are adopted. In the event of a conflict between these Rules and the Charter, the Charter shall govern over these Rules. In the event of a conflict between these Rules and State law, State law shall take precedence. ARTICLE 2. GENERAL RULES 2.1 Meetings to be Public. All meetings of the Council and all meetings of committees composed of a quorum of the Council shall be open to the public as provided by State law, except when State law allows closed or executive sessions for certain limited topics. 2.2 Quo rum. Three members of the Council, not including the Mayor, shall constitute a quorum. In the absence of the Mayor, the Mayor Pro Tem or other presiding officer shall be counted for purpose of determining the existence of a quorum. If a quorum is not present, those in attendance will be named, and they may recess to a later time as permitted by State law or may hear business before them, taking no official action. 2.3 Minutes of Meetings. An account of all proceedings of the Council shall be kept by the City Secretary and shall constitute the official record of the Council. Such minutes, after being approved by the Council (except any closed or executive session portion), shall be open to public inspection. The City Secretary shall provide an index showing the action of the Council in regard to all matters before to it at both regular and special meetings. A recording or "certified agenda" of each closed or executive session shall be made and maintained as required by State law. 2.4 Questions to Contain One Subject. All questions submitted for a vote shall contain only one subject. If two or more subjects are involved, any Councilmember may require a division, if the subjects can be reasonably divided. 2.5 Right to the Floor. Subject to Section 8.5, any Councilmember or member of City staff desiring to speak shall be recognized by the Mayor (or the presiding officer in the Mayor's absence) at an appropriate time, and shall confine his/her remarks to the subject under consideration or to be considered. 2.6 City Manager. The City Manager or the Acting City Manager shall attend all meetings of the Council unless excused. The City Manager may make recommendations to the Council and shall have the right to take part in all discussions of the Council, but shall have no vote. The City Manager shall be notified of all special meetings of the Council. 10 -28 -2014 1 2.7 City Attorney. The City Attorney shall attend all meetings of the Council as required by the Council or as requested by the City Manager, and shall, upon request of the Council or the City Manager, give an opinion, either written or oral, on questions of law. 2.8 City Secretary. The City Secretary or the Deputy City Secretary shall attend all meetings of the Council, unless excused, and shall keep the official minutes. 2.9 Officers and Employ. Any officer or employee of the City, when requested by the City Manager, shall attend meetings of the Council. If requested to do so by the City Manager, they shall present information relating to matters before the Council. 2.10 Rules of Order. Part 8 of these Rules shall govern the proceedings of the Council. 2.11 Suspension of Rules. Any provision of these Rules not required by the Charter or State law may be temporarily suspended by a majority vote of the Councilmembers who are present. The vote of each person on any such suspension shall be entered in the minutes. 2.12 Amendment to Rules. These Rules may be amended, or new rules adopted, by a duly adopted ordinance. 2.13 Matters Not Addressed by Rules. Issues of the conduct or procedure of public meetings not addressed by these Rules, the Charter, or State law shall be determined by the Mayor (or the presiding officer in the Mayor's absence). ARTICLE 3. TYPES OF MEETINGS 3.1 Regular Meetings. The Council shall hold regularly scheduled meetings as provided by the Code of Ordinances, Part II, Section 2 -2. The Council may also hold regularly scheduled meetings which may be designated by the Council as "workshop" sessions. 3.2 Special Meetings. Special meetings may be called by the Mayor, the City Manager, or any three (3) members of the Council. The call for a special meeting shall be filed with the City Secretary in written form, except that announcement of a special meeting during any regular meeting at which all members are present shall be sufficient notice of such special meeting. The call for a special meeting shall specify the day, hour, and place of the special meeting and shall identify the subject or subjects to be considered. 3.3 Recessed Meetings. Subject to State law, any meeting of the Council may be recessed to a later time, provided that no recess shall be for a longer period than until the next regular meeting. 3.4 Adjourned Meetings. Any meeting of the Council that has been adjourned may not be reconvened except by a motion to reconsider prior to any Councilmember's departure from the Council chamber. See Sections 9.3 and 9.4. 3.5 Executive Sessions. Executive or closed sessions may only be held in accordance with State law. 10 -28 -2014 2 3.6 Emergency Meetings. In case of emergency or urgent public necessity, an emergency meeting may be called as a special meeting as set forth in Section 3.2, however, an emergency meeting may not be held unless authorized by, and notice is given in accordance, with State law. ARTICLE 4. PRESIDING OFFICER AND DUTIES 4.1 Mao. The Mayor, if present, shall preside as Mayor at all meetings of the Council. In the absence of the Mayor, the Mayor Pro -Tem shall preside. In the absence of both the Mayor and the Mayor Pro -Tem, the most senior Councilmember (by time of service on the Council) present shall be the chairperson. 4.2 Call to Order. Each meeting of the Council shall be called to order by the Mayor, or in the Mayor's absence, by the Mayor Pro -Tem. In the absence of both the Mayor and the Mayor Pro -Tem, the meeting shall be called to order by the most senior Councilmember (by time of service on the Council) present. 4.3 Preservation of Order. The presiding officer shall preserve order and decorum, prevent personalities from becoming involved during debate or the impugning of members' motives, and confine Councilmembers in debate to the question under discussion. 4.4 Rulings by Presiding Officer. The presiding officer shall rule on points of privilege, points of procedure or order, and withdrawals of motions, subject to the right of any member to appeal to the Council as set forth in Article 9 of these Rules. See Sections 9.3, 9.4, 9.5, 9.6, and 9.8. 4.5 Questions to be Stated. The presiding officer shall state all questions submitted for a vote and announce the result. A roll call vote shall be taken on all votes. 4.6 Substitution of Mao. In the event the Mayor must relinquish the chair, the Mayor shall call upon the Mayor Pro -Tem to preside if the Mayor Pro -Tem is present. If the Mayor Pro -Tem is not present, the Mayor may call upon the most senior Councilmember (by time of service on the Council) present to preside, but such substitution shall not continue beyond adjournment of that meeting. ARTICLE 5. APPOINTMENT PROCEDURES 5.1 Appointment Procedure for the Mayor Pro Tem. (a) The Council will discuss, and with a majority vote, appoint the Councilmember to serve as the Mayor Pro Tem for the City. (b) The appointed Mayor Pro Tem must be a Councilmember and must meet the qualifications of Section 4.02 of the City Charter. In addition, to be appointed to the position of Mayor Pro Tem, a Councilmember must be an elected member of Council. 10 -28 -2014 3 (c) Term dates for the Mayor Pro Tem position will begin in February and August of each year (the election dates offset by three (3) months). Terms will sequentially rotate according to Councilmember place. (d) If the Councilmember place that is up for appointment as Mayor Pro Tem is vacant or is held by a Councilmember who is not qualified to serve as Mayor Pro Tem, the Mayor Pro Tem appointment will go to the next qualified Councilmember. (e) The position will have a term of office of six (6) months. (f) The appointed Mayor Pro Tem may be removed by Council by a two - thirds (2/3) majority vote of the members of Council at any time during his or her term. (g) Council reserves the right to alter this procedure at any time by resolution or rule. 5.2 Appointment Procedure for a Councilmember. (a) The Council may appoint a Councilmember to a vacant seat as authorized by Section 4.06 of the City Charter. (b) The Council will announce and advertise on the City's website and in the City's newspaper of record that applications are being accepted for a vacant position on Council. (c) A due date for applications to be submitted will be set. (d) Applicants must meet the qualifications for a Councilmember set forth in Section 4.02 of the City Charter. (e) Applications will be received by the City Secretary's office and distributed to all Councilmembers. (f) An interview date will be set and posted for a public meeting. (g) Interviews of prospective candidates will be held in a public forum by a quorum of Councilmembers. (h) Councilmembers will discuss, and appoint by majority vote, the new member of Council at either the same meeting as the interviews or at a subsequent Council meeting. (i) The Council is the final judge of whether a candidate is qualified to serve as a Councilmember as set forth in Section 4.03 of the City Charter. 0) Council reserves the right to alter this procedure at any time by resolution or rule. 10 -28 -2014 4 ARTICLE 6. ORDER OF BUSINESS 6.1 Agenda. The City Manager and the City Secretary shall prepare an agenda for each meeting of the Council. Items may be placed on the agenda by the City Manager (or in his absence any Assistant City Manager), the Mayor, or any Councilmember, except that a Councilmember directing that an item or items be placed on an agenda must do so in open session, during a properly posted meeting of the Council. Items placed on the agenda by the City Manager (or in his absence any Assistant City Manager) may be removed only by the City Manager (or any Assistant City Manager) and he /she may do so at any time that permits the agenda for the Council meeting to be properly posted by the City Secretary's Office under the Texas Open Meetings Act. Items placed on an agenda by the Mayor may be removed only by the Mayor, and he /she may do so at any time that permits the agenda for the Council meeting to be properly posted by the City Secretary's Office under the Texas Open Meetings Act. Items placed on the agenda by a Councilmember may be removed only by that specific Councilmember, and he /she may do so at any time that permits the agenda for the Council meeting to be properly posted by the City Secretary's Office under the Texas Open Meetings Act. (a) Information Required. Any item to be on the agenda must be provided to the City Manager pursuant to a procedure established and modified by the City Manager from time to time. Each item on the agenda must contain sufficient information so that full disclosure of the item to be addressed is present so as to alert the Council and the public of the topic to be considered. (b) Order of Listing Items; Sponsor and Responsible Staff. The agenda shall list all items for consideration in a format recommended by the City Manager. The name of the person or persons placing an item on the agenda and the name of any expected staff presenter shall be stated on the agenda. (c) Copy Provided to Mayor and Council Members. The City Secretary shall furnish the Mayor and each Councilmember a copy of the agenda, including the proposed ordinances, resolutions, petitions, notices, or other materials as required. Copies of attachments and background material will generally be provided for the initial presentation only and should be retained by the Mayor and the Councilmembers until such time as the item is finalized. (d) Copy Available to Public. A copy of the agenda, with or without attachments as determined by the City Manager, shall be made available to the public at City Hall prior to the meeting. Copies of the agenda shall be available to the public at the meeting. (e) Order; Exception. The ordinances, resolutions, and other proposed actions shall be taken up and disposed of by the Council in the order listed in the agenda, subject to the right of the presiding officer to take up matters in a different order. 6.2 Communication to Mayor and Council. The City Manager shall provide the Council with a copy of each ordinance or resolution and appropriate analysis of items proposed to be acted upon by the Council at a meeting. These communications shall be delivered to the 10 -28 -2014 5 Mayor and Councilmembers along with the agenda. This information should also be retained by the Mayor and Councilmembers until such time as the item is finalized. Staff members, in making presentations to Council at a meeting of the Council, should endeavor to restrict their presentations to five (5) minutes, excluding responses to questions by the Mayor and/or Councilmembers. 6.3 Approval of Minutes. Minutes may be approved without public reading if the City Secretary has previously furnished the Mayor and each Councilmember with a copy thereof. 6.4 Presentations by Members of Council. The agenda shall provide a time when the Mayor and each Councilmember may bring before the Council any business that person believes should be brought up during the "Requests by Mayor and Councilmembers" and "Announcements by Mayor and Councilmembers" portions of the agenda. These matters need not be specifically listed on the agenda unless the person desiring to make a comment knows prior to posting of the agenda that he /she will make such comment. In response to an unposted comment, there (1) may only be a statement of factual information in response, (2) a recitation of existing City policy, or (3) discussion regarding a proposal to place the subject on the agenda for a subsequent meeting. 6.5 Consent Agenda. At the direction of the City Manager (or in his absence an Assistant City Manager) with respect to items believed to be non - controversial, the City Secretary shall place multiple items on a "Consent Agenda" portion of the agenda, subject to the right of the Mayor or any Councilmember to request at the meeting that any one or more of such items be removed from the Consent Agenda for individual consideration. First readings of ordinances shall in all events be posted for individual consideration and shall not be included on the Consent Agenda. ARTICLE 7. CONSIDERATION OF ORDINANCES, RESOLUTIONS, AND MOTIONS 7.1 Printed, Typewritten, or Electronic Form. All ordinances and resolutions shall be presented to the Council only in printed, typewritten, or electronic form. 7.2 City Manager Review. All ordinances and resolutions shall be reviewed by the City Manager or his designee. 7.3 City Attorney to Approve. All ordinances and resolutions shall be approved as to form and legal content by the City Attorney, when requested by the Mayor or the City Manager. 7.4 Funding. All actions authorizing an expenditure of money shall include the exact source of the funds to be expended. 7.5 Reading of f Caption Only. Upon being introduced, each proposed ordinance or resolution shall be read by caption only. 7.6 Ordinances —Two Readings; Emergencies. Ordinances introduced at a Council meeting shall not be finally acted upon until at least the next regular meeting, except that 10 -28 -2014 6 immediate action may be taken upon an emergency as determined by the Council in accordance the Charter or State law. 7.7 Recording of Votes. The ayes and nays shall be taken upon the consideration of all ordinances and resolutions and shall be entered in the minutes of the Council. 7.8 Vote Required. Approval of every ordinance, resolution, or motion, unless otherwise required by these Rules, the Charter, or State law, shall require the affirmative vote of three (3) Councilmembers who are present and eligible to vote. 7.9 Tie Vote. In the event of a tie in votes on any motion, the Mayor shall cast the decisive vote in accordance with Section 4.05 of the Charter. Other Councilmembers acting as presiding officer shall not be restricted to voting only in the event of a tie. 7.10 Numbering Ordinances and Resolutions. After approval of a resolution or an ordinance on second reading or on a single reading as an emergency, the City Secretary shall assign a number to each ordinance or resolution within the records of the City. 7.11 Ordinance Passage Procedure. After passage, an ordinance shall be signed by the presiding officer and shall be attested by the City Secretary or Deputy City Secretary, and it shall be filed and thereafter preserved in the office of the City Secretary. ARTICLE 8. RULES OF DECORUM 8.1 Recognition by presiding officer. Subject to Section 8.5, No person shall address the Council without first being recognized by the presiding officer. 8.2 Order. While the Council is in session, the Councilmembers must preserve the order and decorum of the meeting, and a Councilmember shall neither, by statement or otherwise, delay or interrupt the proceedings or the peace of the Council or disturb any other Councilmember while speaking or refuse to obey the orders of the presiding officer. Councilmembers are expected to remain on the dais during a Council meeting unless they have good cause to vacate. 8.3 Presiding Officer. The Mayor or the Mayor Pro -Tem or such other member of the Council who is serving as the presiding officer may participate in debate, subject only to such limitations of debate as are the rights and privileges of a Councilmember by reason of such Councilmember acting as the presiding officer. If the presiding officer is engaged in debate and is, at the insistence of three (3) Council members, abusing the position of the presiding officer, the presiding officer must relinquish the chair to the Mayor Pro -Tem, or in his /her absence, to the next most senior Councilmember (by time of service on the Council) present. The Mayor Pro-Tern or such other member, other than the Mayor, who is serving as presiding officer may move, second, and debate from the chair, subject only to such limitations of debate as are the rights and privileges of a Councilmember by reason of the member acting as the presiding officer. 10 -28 -2014 7 8.4 Improper References to be Avoided. When a Councilmember has the floor pursuant to Section 2.5 or 8.5, he /she shall avoid all references to personalities and indecorous language. 8.5 Interruptions. A Councilmember, once recognized, shall not be interrupted by the Mayor or another Councilmember when speaking unless it is to raise a point of privilege (Section 9.4) or a point of procedure or order (Section 9.5), or to enter a motion to withdraw a previously- stated motion (Section 9.8), or as otherwise provided in these Rules. If a Councilmember, while speaking, is interrupted as set forth herein, the Councilmember so interrupted should cease speaking until the question is determined. ARTICLE 9. MOTIONS AND MEETING PROCEDURES 9.1 Motions. A Councilmember, after he /she obtains the floor, or the Mayor may make a motion on the particular subject of discussion or a procedural point as permitted. A "Second" to the motion, if required, must be made by a Councilmember who did not make the motion within a reasonable but brief time period. The Mayor may not "Second" a motion. A motion or a "Second" merely implies that the maker of the motion and the person who "Seconds" agree that the motion should come before the meeting and not that he /she necessarily favors the motion. Without a "Second ", if required, the motion dies. 9.2 Debate. Debate, if permitted, must be limited to the merits of the issue under discussion as stated by the presiding officer. 9.3 Motion Procedures. There are twelve (12) types of motions in three (3) categories: Meeting Conduct Motions (4 types), Disposition Motions (7 types), and Main Motions(1 type) *. When any motion is pending, any motion listed above it on the chart below is in order; those below it are out of order. Motion May Interrupt Speaker Second Required Debatable Amendable Resolved by Chair No Vote Affirmative Vote by 3 Council- members 2/3 Vote A. Meeting Conduct Motions 1. point of privilege yes no no no yes no no 2. point of procedure or order yes no no no yes no no 3. to appeal a ruling no yes yes no no yes no 4. to recess no yes yes yes no yes no B. Disposition Motions 5. to withdraw yes no no no yes no no 6. to postpone no yes yes yes no yes no 7. to refer no yes yes yes no yes no Sections 9.3 through 9.14 are included by permission of Donald A. Tortorice, The Modern Rules of Order, ABA Publishing, 2nd Edition. 10 -28 -2014 8 8. to amend no yes yes yes no yes no 9. to limit or close debate or "call the question" no yes yes yes no no yes 10. to extend debate no I yes yes yes 1 no yes no 11. to count the vote no yes no no sy no no no C. Main Motions 12. to reconsider yes yes if original motion was debatable no no yes no 13. to rescind no yes yes yes no no yes 14. to take action no yes yes yes no Yes * ** no 9.4 Point of Privilege. A point of privilege, sometimes called a point of personal privilege, is a communication from a Councilmember to the presiding officer, drawing urgent attention to a need for personal accommodation. For example, the point may relate to an inability to see or hear, a matter of comfort, a matter of requested convenience, or an overlooked right of privilege that should have been accorded to the Councilmember(s). In essence, it is a call to the presiding officer for the purpose of assuring a Councilmember's convenient and appropriate participation in the meeting. Because of its urgent nature, a point of privilege can interrupt a speaker. Because it is addressed to the attention of and action by the presiding officer, it cannot be debated or amended, and no vote is required. 9.5 Point of Procedure or Order. A point of procedure, sometimes called a point of order, is a question addressed to the presiding officer, no seconding is required, and either inquiring into the manner of conducting business or raising a question about the propriety of a particular procedure. It is simply an inquiry and is resolved by correction or clarification by the presiding officer. A point of procedure can interrupt a speaker. Because it is addressed to the attention of and action by the presiding officer, a second is not required, and it cannot be debated or amended, and no vote is taken. 9.6 To Appeal a Ruling. Decisions or rulings of the presiding officer are final on questions of procedure, except that any ruling by the presiding officer's ruling can be appealed to a vote of the Council. Whenever a Councilmember questions the appropriateness or essential fairness of the presiding officer, that member can appeal the ruling to a vote of the meeting. If, however, a motion is out of order as a matter of law (not a proper subject of the meeting, improper notice given, etc.), the presiding officer's ruling cannot be appealed. A motion to appeal cannot interrupt a speaker. To prevent frivolous appeals, a second is required. The motion is subject to debate (which should be brief) and, by its nature, is not amendable. To overrule a procedural decision of the presiding officer, an affirmative vote of three (3) Councilmembers is required. 9.7 To Recess. A motion to recess requests a brief interruption of the meeting's business, usually so that an ancillary matter can be addressed, or simply to provide a needed break. Mandatory if seconded; no vote required 10 -28 -2014 9 Unless stated in the motion, the period of recess is decided by the presiding officer. If necessary, a recess can extend the meeting from one day to another, subject to State law. The motion cannot interrupt a speaker, and a second is required. It is debatable, it can be amended, and an affirmative vote of three (3) Councilmembers is required. 9.8 To Withdraw. Only the maker of the motion can make a motion to withdraw it. It is essentially a communication to the presiding officer that the maker is withdrawing his /her proposal. This is the maker's privilege; thus, it does not require a second. Because the withdrawal motion obviates discussion, it can interrupt a speaker. In addition, because another Councilmember later can make a similar motion, a withdrawal motion is not subject to debate, amendment, or vote. The presiding officer should simply state that the motion is withdrawn, and the meeting should proceed with a new treatment of the issue at hand—or a new issue. 9.9 To Postpone or Extend. These motions may arise from a need for further information, a matter of convenience, or for any other reason that will enable the Council to deal with the issue more effectively during the same meeting or at a later time. Unless otherwise specifically provided in the motion itself, a postponed or extension motion can be renewed at a later appropriate time during the meeting or, if properly posted, at a later meeting. This motion cannot interrupt a speaker. It requires a second, it is debatable, and it is amendable (particularly as to postponement, timing), and an affirmative vote of three (3) Councilmembers is required. 9.10 To Refer. A motion to refer is typically used to submit an issue to a committee, usually for study leading to a subsequent recommendation. Because it ordinarily disposes the motion for purposes of the current meeting, a motion to refer is subject to the same rules that apply to a main motion. (See Section 9.14). This motion cannot interrupt a speaker, and a second is required. It is debatable and amendable, and an affirmative vote of three (3) Councilmembers is required. 9.11 To Amend. A motion to amend proposes a change in the wording of a motion then under consideration. When a motion to amend is pending and an amendment to the amendment is proposed, the presiding officer should focus discussion on the latest amendment, resolve that question, then proceed to the first amendment before continuing discussion on the main motion. Votes on amendments are thus in reverse order of the sequence in which they are proposed. A motion to amend cannot interrupt a speaker. It requires a second, and it is debatable and amendable. An affirmative vote of three (3) Councilmembers is required for approval of the amendment. Note that State law may restrict amendments to proposals that are required to be set forth in the notice of the meeting. 9.12 To Limit or Close Debate or "Call the Question". Because the extent to which an issue is discussed rests primarily with discretion of the presiding officer, it is the presiding officer who carries the burden of ensuring that adequate time and discussion are given to differing points of view. A motion to limit or close debate is therefore an overruling of the presiding officer's determination. A motion to close debate is the same as a motion to "call the question ". Because this motion affects the most fundamental right of any Councilmember, the right to speak one's views, it is the only procedural motion that requires an affirmative vote of two - thirds of participants voting. 10 -28 -2014 10 9.13 To Count the Vote. A motion to count the vote should be limited to those circumstances where the convenient hearing of "yeas" and "nays" cannot clearly resolve the issue. It represents the right of a Councilmember to have a vote demonstrated by count. That count can be directed by the presiding officer either as a showing of hands or a standing of voting members while the vote is recorded. Upon completion of the count, the presiding officer announces the result —and final disposition of the issue voted upon. This motion cannot interrupt a speaker. It requires a second; it is neither debatable nor amendable; and, because of the importance of the matter, it should be considered mandatory; thus, no vote is required. 9.14 Motion to Reconsider. Allows a main motion to be brought back before the City Council for consideration. May be made only at the meeting at which the vote to be reconsidered was taken. It may be made by any member of City Council. Any City Council member may second it. It can be made while any other question is pending, even if another member has the floor. It requires a majority vote to pass. A motion may only be reconsidered twice. If the reconsideration is moved while another subject is before the City Council, it cannot interrupt the pending business, but, as soon as the pending business has been disposed of the motion has the preference over all other main motions and general business of the agenda. In such a case the Mayor does not state the question on the reconsideration until the immediately pending business is completed. 9.15 Motion to Rescind. The motion to rescind is a main motion without any privilege, may only be made when there is nothing else before the City Council and must be made at the same meeting at which the subject matter of the motion was considered and it requires a two - thirds vote of the City Council members. It cannot be made if a motion to reconsider has been previously made. The motion to rescind can be applied to votes on all main motions with the following exceptions: votes cannot be rescinded after something has been done as a result of that vote that the City Council cannot undo; or, where a resignation has been acted upon, or one has been appointed to, or expelled from, a committee or office, and was present or was officially notified. In the case of expulsion, the only way to reverse the action afterwards is to restore the person to the committee or office, which requires the same preliminary steps and vote as is required for the original appointment. 9.16 To Take Action; Main Motions. Main motions state proposed policy or action on a substantive issue being considered by the Council. As such, the motion is an initial call to take particular action. Although lowest in precedence among all motions, main motions are clearly the most important: through their content, the business decisions of the Council are determined. A main motion can be made only when a prior main motion has been disposed of. It cannot interrupt a speaker; a second is required; it is debatable and amendable; and an affirmative vote of three (3) Councilmembers is required unless a greater vote is prescribed by the Charter or State law. 10 -28 -2014 11 ARTICLE 10. ENFORCEMENT OF DECORUM 10.1 Warning. All persons other than a recognized speaker shall, at the request of the presiding officer, be silent. If, after receiving a warning from the presiding officer, a person persists in disturbing the meeting, the presiding officer may order the person to leave the meeting. The Chief of Police, or such member or members of the Police Department or other persons as the presiding officer may designate, shall be sergeant -at- arms of the Council meetings. If the person so requested does not leave the meeting, the presiding officer may order the sergeant -at -arms to remove such person. 10.2 Removal. Any designated sergeant -at -arms shall carry out all orders and instructions given by the presiding officer for the purpose of maintaining order and decorum at the Council meeting. Upon instruction of the presiding officer, it shall be the duty of the sergeant -at -arms to remove from the meeting any person who intentionally disturbs the proceedings of the Council (or successor provision of law). 10.3 Resisting Removal. Any person who resists removal by the sergeant -at -arms shall be charged with violating Section 42.05 (a) of the Texas Penal Code. 10.4 Motions to Enforce. Any Council member may move to require the presiding officer to enforce these Rules and the affirmative vote of a majority of the Councilmembers present and eligible to vote shall require the presiding officer to do so. 10.5 Adjournment. In the event that any meeting is willfully disturbed by a person or groups of persons so as to render the orderly conduct of such meeting unfeasible and when order cannot be restored by the removal of the individuals who are creating the disturbance, the meeting may be adjourned and the remaining business considered at the next regular or a special meeting or, subject to State law, may be recessed to a set time and date. ARTICLE 11. CREATION OF COMMITTEES, BOARDS, AND COMMISSIONS 11.1 Standing Committees. The Council may create committees, boards and commissions to assist in the conduct of the operation of the City government with such duties as the Council may specify not inconsistent with the Charter, the Code of Ordinances, or State law. Membership and selection of members shall be as determined by the Council if not specified by the Charter, the Code of Ordinances, or State law. No person may concurrently serve on more than one Board unless, by virtue of his /her position on the Council, he /she also holds a position on another Board. Persons related within the second degree by affinity or consanguinity to the Mayor or any member of the Council shall not be eligible to serve on a standing committee. No standing committee so appointed shall have powers other than advisory to the Council or to the City Manager, except as otherwise specified by the Charter, the Code of Ordinances, or State law. 11.2 Special Committees. The Council may, as the need arises, authorize the appointment of "ad hoc" Council committees. Except where otherwise specifically provided by the Charter, the Mayor and the City Council shall appoint the members of the special committees. Any committee so created shall be given a "mission statement" directing its 10 -28 -2014 12 activities. Any special committee shall cease to exist upon the accomplishment of the special purpose for which it was created or when abolished by a majority vote of the Councilmembers present and entitled to vote. ARTICLE 12. CITIZENS' RIGHTS 12.1 Addressing the Council. Any person desiring to address the Council by oral communication shall first secure the permission of the presiding officer. 12.2 Manner of Addressing the Council — Time Limit. Each person addressing the Council shall speak at the podium into the microphone (or at another designated location), shall give his/her name and address in an audible tone of voice for the record, and, unless further time is granted by the Council, shall, subject to Section 12.4 below, limit his /her remarks to three (3) minutes or less. All remarks shall be addressed to the Council as a body, and not to any individual member thereof. No person, other than members of the Council or City staff (when requested by the presiding officer) and the person having the floor, shall be permitted to enter into any discussion, either directly or through the members of the Council, unless requested or approved by the presiding officer. No questions shall be asked the Councilmembers, except through the presiding officer. Responses to questions may be limited as required by State law. 12.3 Personal and Slanderous Remarks. Any person making personal, impertinent, or slanderous remarks, or who shall become boisterous, either while addressing the Council or otherwise while in attendance at a Council meeting, may be requested to leave the meeting, pursuant to Article 10 of these Rules, and may be removed from the meeting if necessary for the conduct of the remainder of the meeting. 12.4 Public Hearings. After being recognized by the presiding officer, interested persons, or their authorized representatives, may address the Council with respect to the subject matter of a public hearing being conducted. The presiding officer may establish procedures at a public hearing to limit the amount of time (which, unless modified by the presiding officer, shall be as set forth in Section 12.2 above) interested persons may speak, subject to the Councilmembers' right to appeal the presiding officer's ruling pursuant to Section 9.6. Subject to modification by the presiding officer, and subject to the Councilmembers' right of appeal pursuant to Section 9.6, the normal order of a public hearing is as follows: (i) the opening of the hearing and the establishment, if any, of a modified public hearing procedure by the presiding officer; (ii) address to the Council by any interested person(s); (iii) discussion by the Mayor and Councilmembers, including requests for information from City staff or any person(s) who addressed the Council; and (iv) action by the Council, if any is posted on the agenda relating to the hearing. 12.5 Written Communications. Interested persons, or their authorized representatives, may address the Council by written communication in regard to any matter concerning the City's business or over which the Council has control at any time by direct mail or by addressing the City Secretary, who shall, on the request of the writer, distribute copies to the Councilmembers. 10 -28 -2014 13 12.6 Hearing of Residents. There shall be included on the agenda of each City Council meeting an item labeled "Hearing of Residents ". After being recognized by the presiding officer, members of the public (giving precedence to residents of the City) may address the Council on items on or not on the agenda at that time, providing they have completed the "Hearing of Residents" form, unless authorized by the presiding officer. The form shall be made available to persons wishing to address the Council prior to the calling of the meeting to order and such completed form shall be made available to the presiding officer prior to the calling of the meeting to order. The persons signed up for "Hearing of Residents" must speak during the "Hearing of Residents" portion of the meeting. Councilmembers and members of City staff may not discuss unposted items nor take any action thereon other than to (1) make a statement of factual information, (2) make a statement of existing City policy, or (3) discuss placing the item on a future agenda. Persons speaking shall be subject to the time limits set forth in Section 12.2, unless otherwise authorized by the presiding officer. ARTICLE 13. COUNCIL AND STAFF RELATIONS 13.1 City Manager to Provide Information. The City Manager is directly responsible for providing information to all the Councilmembers concerning any inquiries by a specific Councilmember. If the City Manager or his staff's time is being dominated or misdirected by a Councilmember, it is his responsibility to inform the Mayor or the Council as a whole. 13.2 City Manager's Responses to Requests. The City Manager is expected to respond in a timely manner to the Council and Councilmember's requests. When information is requested, the City Manager will estimate a reasonable time frame for collecting the requested information. (a) If the City Manager disagrees with the request, he should say so and explain his position. (b) If the City Manager disagrees with individual directives, he should initiate clarification of the Council's will with regard to the individual Councilmember's request. (c) The City Manager may delegate responsibility for the response as necessary and appropriate, but the City Manager will be responsible for its receipt by the Council in a timely manner. (d) The City Manager should maintain a checklist and timetable for requests and other directives of the Council. (e) All Councilmembers will be provided the same written information when any matter under consideration may be of general concern to the Council. There will be no preferential dissemination of information by the City Manager or his staff. 10 -28 -2014 14 13.3 Directions to City Manager. During meetings of the Council, unless a vote is taken, a consensus of the Councilmembers present will be required to direct the City Manager to take any action. 13.4 City Manager's Duty to Inform. The City Manager is responsible for keeping the Council informed. The Council should be provided weekly reports outlining progress on outstanding issues as well as information on new issues and opportunities. Additionally, the Council should be informed of City news prior to release of such information to the community, newspaper(s), or other governmental entities, etc. 13.5 Customer Concerns. It is the responsibility of the City Manager to establish procedures for handling customer concerns in all departments with prompt feedback to citizens and Councilmembers. 13.6 City Manager /Council Relations. The City Manager should strive to maintain positive relations with the Council by following these guidelines: (a) Work to establish mutual trust with the Council. (b) Maintain open lines of communication with the Council and keep Council informed. (c) Inform all Councilmembers of educational opportunities, recognizing that an educated Council is in the City's best interest. (d) Include the Council in City- sponsored employee social events. (e) Conduct orientation sessions for new Councilmembers, including a tour of City buildings and introductions to staff. Amended: November 12, 2014 10 -28 -2014 15 APPLICATION TO SERVE ON CITY COUNCIL Please type or print clearly Please return to the attention of the City Secretary, 1400 Schertz Parkway, Schertz, Texas 78154 by Due Date TBD Full Name: Date of Birth: Home phone: (Include area code) Work phone: (Include area code)_ Mobile number: (Include area Code) Physical address: (Street, City, State, Zip) Mailing address: (If different from above) (Street, City, State, Zip) Email address (s): Do you live in the corporate limits of the City of Schertz? ❑ Yes ❑ No Are you 18 years or older? ❑ Yes ❑ No Are you registered to vote? ❑ Yes ❑ No Which County? Registration No: (The City Charter requires that members of Council be qualified voters residing in the City) Have you been a resident of the City for at least six consecutive months immediately preceding your filing for office? Yes No Are you an obligator to the City on any obligation past due, provided, however, that a person may be elected or select- o ed o and hold office if such obligation is being actively contested in the appropriate forum? ❑ Yes ❑ No Current /past occupation or area of expertise: Professional and /or community activities: Additional pertinent information /references: Submission of a Resume or Curriculum Vitae is encouraged. A letter of interest may also be submitted. Signature S'S(CIHIIE]Rt�V7Z COMMUNITY* SERVICE* OPPORTUNITY FILLING THE VACANCY IN THE POSITION OF COUNCILMEMBER PLACE 5 PROS & CONS -1- Choice Pro Con 1. Leave position vacant until Allows citizens to fill the Council will be short one November 2015 position. member for an additional one year; there will be one fewer Councilmember contributing to Council discussions and one fewer Councilmember to cover the various Council liaison positions; there will be a greater likelihood of failure to have a quorum since the vacancy will be at the Councilmember level. 2. Call a special election for Allows citizens to fill the All of the "con" factors in May 2015 to fill the position position. choice 1 above (except for 6 months instead of a year), plus the winner will have to stand for re- election 6 months later, plus cost of May election. 3. Council appoints a person to Avoids all of the "cons" in Takes the interim choice fill the position through the choices 1 and 2 above. from the voters (but this is a "normal" appointment permitted process under the process. Charter, which has been approved by the voters); delays the appointment process until January 2015. 4. Council appoints a person to Avoids all of the "cons" in Takes the interim choice fill the position waiving the choices 1 and 2 above; fills from the voters (but this is a "normal" appointment the seat immediately. permitted process under the process and filling the seat Charter, which has been by direct Council approved by the voters). appointment. -1-