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12-09-2014 Agenda with backupMEETING AGENDA City Council CITY COUNCIL December 9, 2014 HAL BALDWIN MUNICIPAL COMPLEX COUNCIL CHAMBERS 1400 SCHERTZ PARKWAY BUILDING #4 SCHERTZ, TEXAS 78154 Call to Order — City Council Regular Session Invocation and Pledtes of Allegiance to the Flags of the United States and State of Texas. (Reverend Linda Montgomery, Schertz United Methodist Church) Presentations • Presentation, discussion and/or action regarding a Funding Agreement with Lone Star Rail. (B. James) City Events and Announcements • Announcements of upcoming City Events (J. Bierschwale /B. James) • Announcements and recognitions by City Manager (J. Kessel) Hearing of Residents This time is set aside for any person who wishes to address the City Council. Each person should fill out the speaker's register prior to the meeting. Presentations should be limited to no more than 3 minutes. All remarks shall be addressed to the Council as a body, and not to any individual member thereof: Any person making personal, impertinent, or slanderous remarks while addressing the Council may be requested to leave the meeting. 12 -09 -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. Discussion and Action Item L Review applications for vacant Place 5 City Council Position. Deliberation, discussion and possible action regarding appointment to the vacant Place 5 City Council position including appointment of an individual to the vacant position or requiring additional processes and procedures. City Council may adjourn into closed session regarding this item pursuant to Texas Government Code Section 551.074 Deliberation regarding the appointment of a public officer. Workshop • Discussion and possible action regarding the Facilities Master Plan Project. (J. Kessel) Consent Agenda Items The Consent Agenda is considered self - explanatory and will be enacted by the Council with one motion. There will be no separate discussion of these items unless they are removed from the Consent Agenda upon the request of the Mayor or a Councilmember. 2. Minutes - Consideration and/or action regarding the approval of the minutes of the Regular Meeting of November 25, 2014, and the Regular Meeting of December 2, 2014. (J. Kessel /B. Dennis) 3. Resolution No. 14 -R -85 — Consideration and /or action approving a Resolution authorizing the donation of approximately 600 square feet of real property to the Texas Department of Transportation; approving the City Manager's execution of a Donation Agreement and Donation Need, and authorizing the City Manager to take additional actions reasonably necessary therewith. (J. Bierschwale /J. Bierschwale) 4. Resolution No. 14 -R -99 — Consideration and /or action approving a Resolution approving and authorizing a Special Warranty Deed conveying Lot 15, Block 54, Live Oak Hills Subdivision to LCRA Transmission Services Corporation for the construction of a new electric transmission line. (J. Kessel /R. Galindo) Discussion and Action Items 12 -09 -2014 City Council Agenda Page - 2 - 5. Resolution No. 14 -R -100 — Consideration and/or action approving a Resolution adopting the City Council Code of Ethics, and discussion and possible action regarding the City Council Rules of Procedure. (Mayor /Council) 6. Ordinance No. 14 -T -49 — Consideration and/or action approving an Ordinance by the City Council of the City of Schertz, Texas authorizing a budget adjustment to the Park Fund (317) for the Pickrell. Park A:DA Project in the amount of $32,405.00. (First Reading) (B. James /K. Woodlee /C. VanZandt) PH 7. Annexation - Conduct a Public Hearing to consider and discuss a petition by Cibolo Creek Municipal Authority, for voluntary annexation for approximately 69.111 acres, located on Trainer Hale Road, approximately 1500 feet north of 1 -10, all in Bexar County Texas, located at 7720 Trainer Hale Road. (First Public Hearing) (B. James /L. Wood) 8. Employee Compensation Employee Compensation Kessel/Council) Roll Call Vote Confirmation Requests and Announcements — Discussion and possible action regarding the City's Plan. (Item requested by Mayor Carpenter) (J. 9. Announcements by City Manager • Citizen Kudos • Recognition of City employee actions • New Departmental initiatives 10. Requests by Mayor and Councilmembers that items be placed on a future City Council agenda. 11. Requests by Mayor and Councilmembers to City Manager and Staff for information. 12. 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 12 -09 -2014 City Council Agenda Page - 3 - I, DONNA SCHMOEKEL, DEPUTY CITY SECRETARY OF THE CITY OF SCHE:RTZ, TEXAS, DO HEREBY CERTIFY THAT THE ABOVE AGENDA WAS PREPARED AND POSTED ON THE OFFICIAL BULLETIN BOARDS ON THIS THE 5th DAY OF DECEMBER 2014 AT 1:00 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. DDwwo schmoG%ZGL Donna Schmoekel, Deputy City Secreta I CERTIFY THAT THE ATTACHED NOTICE AND AGENDA OF ITEMS TO BE CONSIDERED BY THE CITY COUNCIL WAS REMOVED BY ME FROM THE OFFICIAL BULLETIN BOARD ON DAY OF 2014. Title: This facility is accessible in accordance with the Americans with Disabilities Act. Handicapped parking spaces are available. If you require special assistance or have a request for sign interpretative services or other services please call 210 - 619 -1030. The City Council for the City of Schertz reserves the right to adjourn into executive session at any time during the course of this meeting to discuss any of the matters listed above, as authorized by the Texas Open Meetings Act. Executive Sessions Authorized: This agenda has been reviewed and approved by the City's legal counsel and the presence of any subject in any Executive Session portion of the agenda constitutes a written interpretation of Texas Government Code Chapter 551 by legal counsel for the governmental body and constitutes an opinion by the attorney that the items discussed therein may be legally discussed in the closed portion of the meeting considering available opinions of a court of record and opinions of the Texas Attorney General known to the attorney. This provision has been added to this agenda with the intent to meet all elements necessary to satisfy Texas Government Code Chapter 551.144(c) and the meeting is conducted by all participants in reliance on this opinion. COUNCIL COMMITTEE AND LIAISON ASSIGNMENTS Mayor Carpenter Mayor Pro -Tem John — Place 3 Audit Committee Lone Star Rail District Hal Baldwin Scholarship Committee Interview Committee for Boards and Commissions Investment Advisory Committee TIRZ II Board 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 12 -09 -2014 City Council Agenda Page - 4 - Councilmember Edwards — Place 4 Audit Committee Hal Baldwin Scholarship Committee Interview Committee for Boards and Commissions Cibolo Valley Local Government Corporation 12 -09 -2014 City Council Agenda Page - 5 - Councilmember Place 5 VACANT Agenda Item I CITY COUNCIL MEMORANDUM City Council Meeting: December 9, 2014 Department: Mayor & Council Subject: Review applications for vacant Place 5 City Council position. Deliberation, discussion and possible action regarding appointment to the vacant Place 5 City Council position including appointment of an individual to the vacant position or requiring additional processes and procedures. At the City Council meeting of December 2, 2014, Council voted to place information on the City's Website that City Council is taking applications for the vacant :Place 5 City Council position, through Tuesday, December 9, 2014. The advertisement and application were placed on the City's website utilizing the banner process on Wednesday, December 3, 2014. Staff will update this memo on Monday at 5:00 p.m. and again at 1:00 p.m. on Tuesday through Dropbox. As of 1:00 p.m., Friday, December 5, 2014, City has received the following applications: • Mr. Robin Thompson • Mr. Bert Crawford • Mr. Richard Dziewit The City Secretary will provide copies of additional applications that were received. Each Candidate is a registered voter and has been verified by the City Secretary. The order of candidates was determined on when they were received by the City Secretary. Council is to discuss the appointment of an individual to the vacant position or require additional processes and procedures, such as possibly conducting interviews of each candidate on Tuesday, December 16, 2014. FISCAL IMPACT None City Council Memorandum Page 2 None ATTACHMENT Candidates Applications: Mr. Robin Thompson Mr. Bert Crawford Mr. Richard Dziewit APPLICATION TO SERVE ON CITY COUNCIL DEC 0 3 2 � Please type or print clearly " 1� Please return to the attention of the City Secretary, 1400 Schertz Parkway, Schertz, Texas 78184 by December 9, 2014, 12 Noon Full Name: RCS Q I Date of Birth: 0 09 '\el`�`� Home phone: (Include area code) Work phone: (Include area code) Mobile number: (Include area Code) P c O Physical address: lf\ 6 7 (Street, City, State, Zip) Mailing address: (If different from above) —' C4 Vnl ark " \C"") e (Street, City, State, Zip) Email address (s): K' Oho C, , .-, (-a QeD m 0-\CLi Do you live in the corporate limits of the City of Schertz? M Yes ❑ No Are you 18 years or older? ❑ Yes ❑ No Are you registered to vote? [K] Yes ❑ No Which County? (ZQ ra-& , -vL _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? e 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 N No Current /past occupation or area of expertise: (1 �ce�\uc �ac �'S Hrw \S `y�r�y �X(ZQr\nr�CS�a �J� WoCk•�C �u� -�� oPlo� Co�rno��`�nc•.rczMC�l t�1 QeO-S's. \6� W \S) C��S\�7 C\cSV ��2r �1 CO�r tV1CfC0' Vv 4'Ci v .i.c4r� Wvl Oy. {' �JS,rQ9) Professional and /or community activities: �(� �i5\ \(1C0.0 J� \�J,�� U]��`(l CYti�llEl \�IC�Q1�`� Additional pertinent information /references: \I,cu1 ��t \Yh�SS 1�ekv'sucu' — \,0-\ L,' �sn,,.ct.�� w\fih \.� \ a -a\ Ci7yn\N1 Zr.�Q��tJ An\�Z \ cv� Lam, Oil \ \,l' �f� ;7. -�� V'-1 4 C , "t �, `t` . J"�'o cswc Yv�� v � '��c� Jvvov 2 Oc wNrc� �o VrQ iCf� (16SS ib( , Submission of a Resume or Curriculum Vitae is encouraged. A letter of interest may also be submitted. Signature SS(C1H1JF]RUFZ COMMUNITY* SERVICE * OPPORTUNITY -r APPLICATION TO SERVE ON CITY COUNCIL DEC 0 y 2014 Please type or print clearly Please return to the attention of the City Secretary, i oo Schertz Parkway, Schertz Texas 8i b � t 14 ( t3' rY� 4 Y> > 7 54 y Decem er 9, zot4, iz Noon Full Name: Bertram Madison Crawford, Jr. Date of Birth: 7/20/45 Home phone: (Include area code) Work phone: (Include area code) Mobile number: (Include area Code) 210 -573 -8732 Physical address: 4100 Brook Hollow Dr. Schertz, TX 78154 -3045 (Sheet, City, State, Zip) Mailing address: (If different from above) (Street, City, State, Email address (s): Bert2378c @aol.com Do you live in the corporate limits of the City of Schertz? ® Yes ❑ No Are you 18 years or older? IN Yes ❑ No Are you registered to vote? ® Yes ❑ No Which County? Guadalupe Registration No: 1070162952 (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? Ye 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 ❑ and hold office if such obligation is being actively contested in the appropriate forum? ❑ Yes 9 No Current/past occupation or area of expertise: Retired U.S. navy (38 years) I own, manage and repair my rental property Education: BS Chemistry, BA Computer Science, MBA. & numerous military schools Professional and/or community activities: Member of the Planning & Zoning Committee (4 years) City of Schertz representative to RAFB Restoration Advisory Board (3 years) President Wynn Brook Home Owners association (4 years) Licensed Texas real estate broker (30 years). Citizens On Patrol alumni (2 years) Additional pertinent information/references: I have attended the past 5 Texas Chapter of American Planning Assoc convention classes. I am a Certified Floodplain Manager (2 years) I would like the opportunity to serve the City as a member of Council. Signature SS CJ H I I E I Rt� F - Z-7- z-4 COMMUNITY* SERVICE* OPPORTUNITY BERT CRAWFORD, JR. 4100 Brook Hollow Dr. Schertz, TX 78154 -3045 210 -573 -8732 cell bert2378c @aol.com GOAL: To serve as City of Schertz City Council Member CURRENT OCCUPATION: I am a self employed real estate broker taking care of my residential rental property. I retired from the United States Navy August 1, 2005. PRIOR WORK EXPERIENCE: As a senior -level Navy officer, I was responsible for a wide range of security and anti - terrorism related activities. In these jobs, both international and national I interacted with abroad spectrum of individuals and organizations from the ministerial level officials to local citizens to complete complex and challenging assignments while remaining sensitive to the morale, well being and values of the people, staffs and countries where assigned. ACCOMPLISHMENTS & COMPETENCIES: Financial Management: Developed and supervised the programming, budgeting, and execution of budgets from one and a half million dollars to over six million dollars. Over ten years of financial management and financial analysis experience including computer financial modeling. Management/Leadership : I have over 20 years of international and domestic experience in negotiating and intermingling in various ways with senior leaders, managers and peers, of diverse backgrounds and interest to accomplish a variety of objectives. Team Building /Problem solving: As the U.S. Naval Attache, I developed and then negotiated with the Government of Egypt to implemented force protection and security required for U.S. Navy ships to transit the Suez Canal and safely visit ports in Egypt. I had to be adaptable in my views to gain government support. As the second in command at the Southeast Air Defense Sector (a staff of 320 personnel), I worked daily with operations and support personnel to ensure efficient training and readiness was maintained for team members to effectively accomplish the sectors daily air defense mission for more than a third of U.S. airspace. MILITARY SERVICE: U.S. Navy Enlisted (E1 — E6) April 1967 —May 1972 U.S. Navy Commissioned (01 -06) May 1972 — Aug 2005 BERT CRAWFORD, JR. 210 - 658 -2378 home - 210 -573 -8732 cell bert2378c @aol.com MILITARY AWARDS: The Defense Superior Service Medal Defense Meritorious Service Medal (2) Meritorious Service Medal Joint Service Commendation Medal Navy Commendation Medal (2) EDUCATION: BS Chemistry May, 1972 University of Texas, Austin, Texas BA Computer Science May, 1978 University of Texas, Austin, Texas Masters in Business Administration August, 1979 University of Texas, Austin, Texas REFERENCES: Steve White, City of Schertz Steven & Clare Layton, residents of Schertz ETJ Robert Heiwinkel, 4105 Brook Hollow Dr. Neighbor Karen Shepherd, The Key Companies, Property Management December 4, 2014 The Honorable Michael Carpenter Mayor of Schertz and Council Members 1400 Schertz Parkway Schertz, Texas 78154 Application to fill unexpired term of Schertz City Council Place 5 Dear Mayor Carpenter and Council Members: Now that I am retired and have had a couple of years of community service with the City of Schertz I would like to be considered to fill the unexpired term of Place 5, City Council position for the City of Schertz. Attached is my application and additional information for consideration. I also have considerable experience working on large staffs of the U.S. Navy and other Joint Service Commands. This experience provides me skills to deal with diverse groups of people who may be frustrated in the interactions with a large bureaucracy. If selected to fill the unexpired term on the City Council, Place 5, I will work to help the City of Schertz continue to be a great place to live. I believe we can encourage more people to lend a helping hand. I know you and Council are making efforts to encourage more citizens to become involved as community volunteers. I have several ideas which I would like to implement as Place 5 Council Member. You know I will commit my time and energy to help make a difference. Respectfully, Bert Crawford Bert Crawford, Captain USN (Ret) Bert Crawford enlisted in the United States Navy on 4 April 1967 and commenced active duty on 1 August 1967. After completing Navy boot camp and Basic Electricity and Electronics school in San Diego, CA, Seaman (E 3) Crawford reported to Data Systems Technician (DS) school in January 1968 at Vallejo, CA. Upon completion of DS school in March 1969, Data Systems Technician Third Class (E -4) Crawford was assigned to the destroyer tender, USS Shenandoah (AD 26), Naval Station Norfolk, VA. While assigned to the USS Shenandoah, Data Systems Technician Second Class (E -5) Crawford was selected to participate in the Navy Enlisted Scientific Education Program. He completed prep school in the summer of 1969 and was transferred to the University of Texas at Austin. In May 1972, Data Systems Technician, First Class (E -6) Crawford was commissioned an Ensign (0-1) and transferred to Naval Flight Officer School, Naval Air Station Pensacola, FL. Ensign Crawford earned his NFO wings at NAS Glynco, Brunswick, GA, in June 1973 and was assigned to VAW -123 in NAS Norfolk, VA. He was a charter member of the first deployed E -2C aircraft squadron. While assigned to VAW -123, he completed two Mediterranean deployments and was promoted to Lieutenant Junior Grade (0-2) and Lieutenant (0-3). In January 1977, Lieutenant Crawford transferred to the U.S. Navy Reserves to begin work on his MBA and computer science degrees, completing two degrees in 1978 and 1979. From January 1977 to September 1986, Lieutenant Crawford drilled with two reserve units and was promoted to Lieutenant Commander (0-4). From September 1986 to October 1992, Lieutenant Commander Crawford was assigned to VAW -88, a west coast reserve E -2C squadron. There he served as Administrative Officer, Maintenance Officer, and Personnel Officer. In 1989, he was promoted to Commander (0-5). In October 1992, Commander Crawford transferred to COMSEVENTHFLT, Detachment 111, a reserve unit in Dallas, TX. As the assistant N7 officer, he participated in numerous SEVENTH Fleet exercises. In October 1993, Commander Crawford was selected as the Commanding Officer of Shore Intermediate Maintenance Unit 610 in Harlingen, TX, a 2 year reserve assignment. Upon completion of this assignment in October 1995, Captain (Select) Crawford was assigned as the Commanding Officer of Chemical /Biological /Radiological Unit 120, Alameda, CA, a 2 year reserve assignment. He was promoted to Captain in December 1995. During this assignment, Captain Crawford was selected to fill a 1 year active duty assignment as the Command Duty Officer, USPACOM, Camp Smith, HI. At the completion of this active assignment, he was selected to fill a 6 month active assignment as Chief, Joint Contact Team Warsaw, Poland. After completing this assignment, Captain Crawford was selected to be the special projects officer for the U.S. Navy's Science and Technology reserve unit in Washington, D.C. In 1998 while assigned to the Science and Technology unit, Captain Crawford was recalled to active duty to attend the Joint Military Attache School and assigned as the Naval Attache, Cairo, Egypt. Upon completion of his tour of duty in Egypt in October 2002, Captain Crawford was transferred to Tyndall AFB, Panama City, FL, to be the Deputy Commander, Southeast Air Defense Sector. While at the Southeast Air Defense Sector, Captain Crawford managed the Directorate of Financial Management and the Directorate of Exercise and Analysis. He also stood watch as Battle Commander in support of daily operations and Operation NOBLE EAGLE contingency operations. Captain Crawford's 38 years of active duty and reserve experience have contributed directly to the combat readiness and the successful execution of the air defense mission of the Southeast Air Defense Sector. APPLICATION TO SERVE ON CITY COUNCIL Please type or print clearly Please reborn to the attention of the City Secretary, 1400 Schertz Parkway, Schertz, Texas 78154 by December 9, 2014,12 Noon Full Name: of Birth: Home phone: (Include area code) 11,,,2 3 Work phone: (Include area code) Mobile number: (Include area Physical address: r L 4 -L-" (Street, City, State, Zip) Mailing address: (If different from above) (Street, City, State, zip) Email address (s): /�� 0� Do you live in the corporate limits of the City of Schertz? El Yes ❑ No Are you 18 years or older? Ea Yes 1:1 No F-71 Are you registered to vote? L�j Yes ❑ No Which County? ii j� Registration (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- c3 ed c3 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: r!`- t" 4 Additional pertinent information/references: Submission of a Resume or Curriculum Vitae is encouraged. A letter of interest may also be submitted. Si&ature CCIHIILIRZ�F7Z COMMUNITY* SERVICE * OPPORTUNITY 1�42 C,, "C/ To: Schertz City Council From: Richard Dziewit The attached application is my submission to the Council for the open position. My past experience would be helpful in working on some of the issues that face our growing city. In my career I have developed budgets in excess of 200 million dollars for companies that dealt with international and domestic trade. These dealings were for the procurement of product as well as establishment of work ethic, quality control, and government relations. All necessary to maintain customer service departments and meet the required deadlines that are associated with major companies. Although it was a business world, it is not unlike that which is required to maintain a city structure and develop the needs and growth potential of a city like ours. Schertz is growing at a rapid pace. It is the leadership that makes it work. I would like to be a part of the group that helps develop and maintain a better outlook for our city. Thank you for your consideration Richard Dziewit CITY COUNCIL MEMORANDUM City Council Meeting: December 9, 2014 Department: Subject: City Secretary Minutes Agenda No. 2 The City Council held a regular meeting on November 25, 2014, and December 2, 2014. WLTG • �On None RECOMMENDATION Staff recommends Council approve the minutes of the regular meeting on November 25, 2014, and the minutes of December 2, 2014. ATTACHMENT Minutes — regular meeting November 25, 2014 Minutes — regular meeting December 2, 2014 MINUTES REGULAR MEETING November 25, 2014 A Regular Meeting was held by the Schertz City Council of the City of Schertz, Texas, on November 25, 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 Mayor Pro-Tem John was absent Call to Order Mayor Carpenter called the meeting to Invocation and Texas (Councili Councilmember Flags of the Uni �1- rol ce to the FlaLys of invocation nited States and the State of by the Pledges of Allegiance to the City Events (J. Bierschwale/B. James) cognized Executive Director of Development Services Brian the following announcements: • Wednesday "November 26, 2014, Veteran's Memorial Plaza Stone Placement, 10:00 a.m. • Thursday and Friday, November 27th & 28th, City offices closed in observance of Thanksgiving. • Thursday, November 27, 2014, Schertz Turkey Trot 5K, Bluebonnet Palace, 17630 Lookout Road, 7:00 a.m. • Monday, December 1, 2014, Ribbon Cutting — Fox's Pizza, 3909 FM 3009, 3:00 p.m. • Tuesday, December 2, 2014, Schertz Chamber Luncheon, Schertz Civic Center 11:30 a.m. 1.1 -25 -2014 Minutes Page - I - SAVE THE DATE EVENTS: • Thursday, December 4, 2014, Chamber After Hours Mixer, Hampton Inn and Suites, 5:30 p.m. • Friday, December 5, 2014, Schertz Festival of Angels; Parade and Snow, Hal Baldwin Municipal Complex, 6:00 p.m. • Announcements and recognitions by City Manager (J. Kessel) Mayor Carpenter recognized City Manager John Kessel "who commended Storm Water Manager Larry Busch, Jr. who, on his own personal time, traveled around the city during the recent heavy rains to observe any potential- flooding hotspots that need addressing. Also, Adult Services Librarian Elizabeth (Lizzi ), Bertoia recently went to the aid of a six month old baby who was choking on some food.. Elizabeth had taken a CPR class offered by the City EMS staff two days before and used those newly acquired skills to save a baby's life. Kudos to both our EMS personnel for taking the time to teach basic CPR skills to all city- personnel "and to Elizabeth "or going into action so quickly and using those skills. Presentation • Briefing and information regarding the upep ing Festival OfAhgels 2014, December 5, 2014, . 6:00 p.m. to 10:00 p.m. (J. Kessel /B. Cant/M. Spend) Mayor Carpenter recognizedahe following who spoke: • Mr. Roger Scott, 14546 Schmidt Craft Lane, who stated he had a few comments about the South Schertz Wastewater Treatment Plant. The local owners of the adjacent properties are not trying to say `stop' although they would not like to see the plant go in. However, what they are asking for is information on what is happening. It is your project through CCMA. Under Government Code it does not allow a government body to cut a deal in private, devoid of public input or debate. They are asking you to look out for us. The minimum requirement of Texas is the worst in the United States as far as working out EPA and things like that. The affected land owners are just asking for Schertz to do a little bit extra. Please listen and work together with them as a team. 1.1 -25 -2014 Minutes Page - 2 - • Mrs. Gerri Scheel, 7424 Trainer Hale, who stated her property was a part of the ETJ with San Antonio and Schertz in 2010. San Antonio has since then released from its ETJ approximately 3,486 acres of land. San Antonio did not receive any land in the agreement but there were some conditions they wanted upheld. The one she is interested in is the extension of FM 3009 and Weir Road and the maintenance of a 120 foot right -of -way. It is part of Schertz's MTP and also San. Antonio. She showed several maps of the area(s) to Council. She would like an update on the alignment of the proposed road extension of FM 3009 from IH -35 down to IH -10. Mayor Carpenter asked Executive Director of Development Services Brian Jam, es to speak with her and try to answer some or all of her questions. Mayor Carpenter recognized Zachary Salas, from Boy ,Script` Troop 51 who is working on his Citizenship Badge. He asked him to say a few words,, Zachary introduced himself and said he is working on the Citizenship and Commtxrtty merit badge, rank and scout career and is trying to get this done and move on. Consent Agenda Items 1. Minutes - Consideration and /or action regarding the approval of the minutes of the Regular Meeting of November 1'8, 2014. (J. Kessel /B.�bnnis) LUTION 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 C AJ LICENSES, PERMITS, AND OTHER SERVICES PROVIDED Y THE CITY OF SCHERTZ. Mayor Carpenter recognized Councilmember Fowler who moved, seconded by Councilmember Edwards to approve the consent agenda items 1 through 3. The vote was unanimous with Councilmembers Fowler, Azzoz, Edwards and Duke voting yes and no one voting no. Mayor Pro -Tem John was absent. Motion passed. 1.1 -25 -2014 Minutes Page - 3 - 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) 0 Mayor Carpenter stated that council had received his resignation letter and asked if Mr. Duke wanted to say a few words. Councilmember Duke said he has enjoyed his time but it really comes back to being a citizen of Schertz. Steve White gave him an opportunity to serve on the Schertz Economic Development Corporation where he learned a lot. Then he decided to make that leap to go into a greater role; 'C ty,,Councilmember. He found that sitting on the dais, he is more engaged, but the community at large can be just as engaged as anyone on the dais and can have the same sort of effect through their participation. He encourages the community to become more involved, especially as the city grows to fifty thousand and above. He and his- family have moved to the ETJ of San Antonio to be closer to work and have a bit More land for the kids to" play. They hope maybe in about ten years to be able to coma back to this area. He thanked Mr. Kessel, Mr. James and Ms. Dennis, city council members, and the entire city staff for all their assistance. He said the city does a great job withbei transparent. He knows that city leadership and staff here are focused on ways to show continued excellence and be an example for others. Mayor Carpenter asked everyone present, to, join him in, showing appreciation for Mr. Duke's service to the community. Mayor Carpenter re og i Councilmember Azzoz to, Place 5. The vote was voting yes and touncilm l Counciltember Edwards who moved, seconded by )rove accepting the resignation of Councilmember Duke, 1 with Couttcilmembers Fowler, Azzoz, and Edwards )er Duke abstaining. Mayor Pro -Tem John was absent. at 6:33 p.m. Consideration and/or action approving a process for an individual to the vacant Place 5 City Council position. (J. )record: nESOLUTION 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 1.1 -25 -2014 Minutes Page - 4 - 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 Mayor Carpenter gave a bit of history regarding the resignation of past councilmembers. Councils have handled this in numerous ways, such as when Mayor Richard resigned as mayor in 1973 when he purchased the Schertz Bank & Trust. The council then appointed Mayor Graham rather than have an election. We have also had special elections that were called. In 1983 there were two appointments made,that year. So we do have choices here. One of the changes that recently occurred"'Jn the city charter is that any term that has 365 days or more on it requires for us to call fora special election; less than 365 days allows us to have choices: 1) take no acti6 :and wait or the next election, 2) appoint someone to that seat, or 3) call for a special election. Ultimately it is the decision of the city council. Mayor Carpenter recognized Councilmenibe. wait to take action when we have a full counc Mayor Carpenter recognized Council waited for a special election (May); months before having to go up for r appointment, council could still acce also asked if to satisfy transparency making an appointme t, but in such a stated he thinks we should ?ro -Tem John returns). Mayor Carpetitot,:rqcognized Councilmember Edwards who asked what the cost of the last election was. City Secretary Brenda Dennis stated it was approximately $16,000. He suggested we could have an elcdtion in May along with the charter election. It was Mayor Carpenter stated the challenge we have with having a special election is that between now and May, two of you can't be sick the same evening or we will not have a quorum. The people elected us to make decisions for them, so this is our job. The third party is the voting public who will not re -elect us if they don't like what we decide. He personally advocates for two things. Let's appoint someone to the council so we increase our chances of always having a quorum. If we wait, any tie vote will need to be broken by him, the mayor, which you may not like. 1.1 -25 -2014 Minutes Page - 5 - Mayor Carpenter recognized Councilmember Edwards who read the current rules. He said we are at a crucial point and he thinks we need someone who can hit the ground running. We also have still not hired an Economic Development Director and he thinks we need to push through so we don't fall backwards. He thinks we should go with making an appointment. He thinks we should get someone who has some experience with a committee such as Planning and Zoning. When we go before big companies, we need to have some knowledge of what they are talking about and understand what their business model is and what their needs are. Mayor Carpenter recognized Councilmember Azzoz who stated planning and zoning experience is a great idea but that is not what happened list time an appointment was made. He wants transparency. He had asked the question of when was Mr. Matthew Duke leaving and he was told that Mr. Duke's resignation would 'come this week and that a certain named person would be the next (appointed) city councitmember. Two minutes later that person walked right by him. That is ni t transparency. That'is why he is leaning towards a special election. He suggested a few individuals and he was else told that we were not going to elect the two losers. He was :disturbed by this. or Carpenter recognised Councilmember Fowler who said the will of the people is to is on the Icouncil to make those types of decisions and that we would make a choice is good for the city and i pperation of the council. We need to do something fairly The people would like us to take action. Councilinetxlber Azzoz stated he wants to clarify that he is not against council appointing anyone. He brought up the subject of Councilmember Duke resigning and who might be appointed in his, place to Mr. Kessel because he was disturbed about what he had been told by another individual and wanted to know if Mr. Kessel knew anything about this. Mr. Kessel said no, he had no knowledge of that. Councilmember Azzoz said he just wants to make sure we appoint someone with some experience. He is transparent and very straightforward and he is only one vote. Mayor Carpenter asked the City Secretary to put this item back on the next agenda(s) until they come to some decision as they continue to discuss it. 1.1 -25 -2014 Minutes Page - 6 - Workshop • Update on the Lone Star Rail Project. (B. James /J. Black) Mr. Joseph Black, Rail Director of the Lone Star Rail District provided an update on the project — a copy of his PowerPoint is on the City's Website. Mr. Black addressed Council questions; Council also provided their comments regarding this project. Roll Call Vote Confirmation Mayor Carpenter recognized Deputy City Secretary Donna S of items 1 through 5. Executive Session Mayor Carpenter recessed the regular meeting at City Council will meet in closed session. Secretary and Deputy City Secretary. Reconvene into Regular Session Mayor Carpenter reconvened the regular No Action taken. City employee actions ntal initiatives No further announcements were made. who recapped the votes of the City in closed session under Agenda 8. Requests by Mayor and Councilmembers that items be placed on a future City Council agenda. Mayor Carpenter recognized Councilmember Azzoz who asked if staff could place an item on the next agenda for discussion regarding employees' salaries. Mayor Carpenter 1.1 -25 -2014 Minutes Page - 7 - E IN restated that he would like staff to provide a presentation and update on the Employee Compensation Model. Requests by Mayor and Councilmembers to City Manager and Staff for information. Mayor Carpenter recognized Councilmember Azzoz who stated that in regard to how the Council should proceed to fill the vacancy of City Council Place 5 he would ask that staff and legal note in the Texas Constitution Section II Article 11, Section C : "Any vacancy or vacancies occurring on such governing body shall not be filled by appointment but must be filled by majority vote of the qualified voters at a special election called for such purpose within one hundred and twenty (120) days after such vacancy or vacancies occur except that the municipality may provide by charter or charter amendment the procedure for filling a vacancy occurring on its governing body for an unexpired term of 1.2 months or less." Announcements by Mayor and City and community events attended and to be at City Council Committee and Liaison Assigni ,qn Continuing education events attended and to b :� Recognition of actions by ify employees Recognition of actions by comma pit volunteers Upcoming City Council agenda items Mayor Carpenter forward to the pry to help integrate (see assignments below) Fowler who stated that he is looking Marshal's Department on the areas in our oming up with a type of volunteer program in need. member Azzoz who stated that he recently went out he encouraged everyone to reach out and help those iat he would like to come up with a way our community could during the holiday seasons our City receives an influx of calls is wanting to contribute and help. He stated that we need to rations and come up with a way that we can help those in our Mayor Carpenter recognized Councilmember Edwards who stated that on Wednesday, November 19, 2014, he attended the Tri- County Elected Officials reception. Adjournment As there was no further business, the meeting was adjourned at 8:2 7p.m. 1.1 -25 -2014 Minutes Page - 8 - Michael R. Carpenter, Mayor ATTEST: Brenda Dennis, City Secretary 1.1 -25 -2014 Minutes Page - 9 - MINUTES REGULAR MEETING December 2, 2014 A Regular Meeting was held by the Schertz City Council of the City of Schertz, Texas, on December 2, 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 Order Mayor Carpenter called the meeting to Invocation and Pledges of A Texas (Councilmember Azzoz Councilmember Azzoz' provided the invocation Flags of the United State's and the State of Texas. 01 P.M. flowed by the Pledges of Allegiance to the City Events (J. BierschwalelB. James) Carpenter, recognized Executive Director of Development Services Brian who provided the following announcements: • Thursday, December 4, 2014, and Friday, December 5, 2014, Management attending all -day Leadership Team Building Retreat, La Quinta Inn & Suites, 17650 Four Oaks Lane, Schertz, 8:00 a.m. to 5:00 p.m. • Friday, December 5, 2014, Schertz Festival of Angels; Parade and Snow, Hal Baldwin Municipal Complex, 6:00 p.m. • Monday, December 8, 2014, Employee Appreciation Lunch, Schertz Civic Center, 11:30 to 1:00 p.m. • Announcements and recognitions by City Manager (J. Kessel) 1.2 -02 -2014 Minutes Page - I - Mayor Carpenter recognized City Manager John Kessel who wanted to give a shoutout to the team of staff members who put together the `Movember' mustache growing contest to raise awareness for men's health. The committee members were Bryce Cox from Development Services, Colin Sherman from Economic Development Corporation (EDC) and Patty Horan also from EDC. They had really good participation and had a lot of fun with it. He also wanted to mention a few ladies who participated in the `faux mo you can't grow' contest; Patty Horan and Brenda Dennis and a few others. Thank you to all the ladies who showed support. Hearing of Residents: Mayor Carpenter recognized the following who spoke: Workshop • Discussion and update regarding blighted areas in our neighborhoods. (Item requested by Councilmember Fowler) (J. Bierschwale /M. Harris /J. Hamilton) Mayor Carpenter recognized Marshal Michael Harris who stated their presentation would outline what the Code Enforcement Unit does and also identify some of the partnerships they have established. Registered Sanitarian Jesse Hamilton began the presentation by stating the compliance process /solutions start with the three C's, the City, local Churches, and the Community. Mr. Hamilton explained the current complaint process and the 1.2 -02 -2014 Minutes Page - 2 - timeline of 8 days that the resident has to resolve the code violation(s). He explained further options and processes that continue beyond those eight days if compliance does not occur. Several local churches have stepped up and offered assistance to those residents who can't afford to correct a violation on their own. Councilmember Fowler also came forward with a short presentation stating it takes three things (a triad partnership), an alliance between the city, the churches, and the community. Traditionally, most churches do foreign mission work and sometimes these projects become overwhelming. Subsequently, local City resident needs are often overlooked. Code enforcement violations are examples; yard maintenance, fence or exterior house repair. If we can gather with our local pastors and churches and seek volunteers, maybe we can address some of these problems in the city (i.e., elderly or handicapped folks who can't do the work physically and /or those with insufficient funds to hire help). Let's form an alliance between the city, churches, and the community. The vision would be to bring about a central organization made of volunteers to provide planning, investigation, evaluation, and irivatization, management of funds, and establishing project teams. Organizations Could become structured and sustainable. What can the churches, communities and the city , do? The churches can provide volunteers to sit on the alliance committee, a list of volunteers and their skills and even do an annual fundraiser. The etimunity can seek local business support, select individuals from a cross section of the city and seek specifically skilled volunteers. The city can identify residents that need support/help and help problem solve situations by using appropriate city resources. Mayor Carpenter asked the Marshal's Office if this `helping hands' partnership is formalized and could 'they provide more information on it. Marshal Harris stated it is not formalized and is a volunteer effort from some of the churches in the area who do a few projects during the year and they call his office asking if they know of anything the volunteers could assist someone with. The hope is that it could become formalized in the future and they could be available in the future as needed. Mayor Carpenter stated he has had two different church groups come to his office in the past couple of months asking how they can help this community. He will get those two pastors contact information back to Councilmember Fowler and Marshal Harris so they can reach out to them. Councilmember Fowler stated he wanted to recognize a few group representatives in the audience tonight who have interest(s) in this idea: First Baptist Church, Resurrection Baptist Church, Methodist Church on FM 3009, Cibolo Valley Baptist Church, and 1.2 -02 -2014 Minutes Page - 3 - Pawderosa Ranch. Mayor Carpenter asked those members to please stand and be recognized. This idea of helping each other comes to the core of what we do in the City. He thanked them for coming together and wanting to help our neighbors in need. • Presentation and discussion regarding Employee Compensation Model. (Item requested by Councilmember Azzoz) (J. Kessel) Mayor Carpenter recognized City Manager John Kessel who asked all the city staff that were here tonight to stand for a moment. He told council that this is who serves your community and this is who is getting the job done. He was recently, told by a gentleman in the fire department that fire trucks don't put out fires, firemen do. He proceeded with his presentation and said that the single largest operational expense is salary paid to our staff, over $20 million per year. A lot goes into that,: medical;" retirement, vacation /sick leave, holidays, etc. He wanted to start the presentation with the reminder that our staff is the key to our success. He provided informat rtn regarding the his6i of compensation distribution from 2011 . forward to next vear 2015. For the current year, almost $650,000 is budgeted for v rious types of compensation. One tool that is used by the city is a grade /step program which is common in municipalities. The grade /step method is where the grade reflects the salary range for a particular position and the steps in that rang. ire an increasing scary amount that is attainable through merit raises (pay for performance plan) or cost of living adjustment raises (COLA). This year we already'have $300,000 funded for potential increases upon completion of the new study in 2015. A firm will soon be selected to conduct the study for us. A frequently asked question is why we have not done more. The answer is we set a goal after the 2008 -2009 economic down -turn to re- establish our 25% General Fund Reserve in five years we did so as of September 2014. Mr. Kessel provided additional details /numbers on the progression of this accomplishment. In most cases during an economic down -turn you have a slowing of the growth; however, Schertz had the opposite happen, with more land annexations, commercial and residential growth. With this growth comes the need for more staff, increased infrastructure, and new equipment and facilities. We will need to continue to maintain and balance these needs as we grow towards a 50,000 population. 1.2 -02 -2014 Minutes Page - 4 - So we have a staffing compensation study going on, a facility master plan, a master thoroughfare in process and we just completed a master parks plan (thanks to Mr. Mark Davis' leadership on that project). We are now starting another parks plan; the hike and bike trail. This will help us when we go to bond elections with our citizens. We also looked at some benchmark cities in the surrounding areas to study their growth and it is likely we will end up in the same number of years at those populations and at those staff levels. If we maintain the same level of service, we will probably have about 450 -500 employees when we reach a population of 50,000 residents. In regard to maintenance, repair and replacement, we have deferred this need in the past years. During our growth phase, we concentrated on naw ,employees, equipment and infrastructure. Although the economy affected us again, we did not lay off any staff. So the last two years we have concentrated on prioritizing: Some of those previously deferred replacement and repair needs of equipment and facilities. We-',need to continue to maintain the structural balance of the city Midget to ensure that, "we" have adequate reoccurring income to cover our reoccurring expenses as well as our reserve level. In considering what our salaries should be, We �ruust also look at the entire benefits package, such as retirement, insurance, paid time off, training, advancement opportunities, etc. The staff looks at these other itdriis when considering their family needs. The framework that Mr. I e Lprefers is to provide a fair salary and that it be sustainable in our budget. We also need to be competitive,. What is a full benefits package that would be appropriate for out staff, We need to continue to maintain an adequate training budget as well as ade liquato staffing levels. Mayor Carpenter recognized Councilmember Azzoz who stated that this was a good presentation ,but .in reality vwe want to talk only about pay increases. A Cost of Living Adjustment (COLA) is great for upper management but terrible for an hourly employee. He thinks a cost of ling should he, at least 15 %. The two and four percent is out of the questi6n.1 i ,great for upper management and salaries when they get that COLA, then they get the merit and then they get the bonuses. The ones you don't see are the people that really work hared. Where there is a will there is a way that we could compensate them. The six month waiting period to get a pay increase should be changed to three month , We are always tryingrto compare ourselves to other cities. His philosophy is we need to-be the leaders end they should compare themselves to us. We spend money like crazy. An e ample is Resolution 14 -R -94 which passed with flying colors and we didn't even know the �eNpenses. If we pay our employees well our training budget would not be totally used, so at the end of the year we could use it as a surplus. It would help the economy immediately. If we pay employees well they will not leave the city. They can support their families. He wants city council to come up with something different. He does not like the six month waiting period nor the two or four percent increase. He does not like the idea of the employee evaluating themselves, then the supervisor evaluates the employee, and then him and her have the last word —but the last word goes nowhere. We need to come up with a fair and comprehensive salary adjustment to those folks. He wants this issue to come forth now and not in two or three months again. 1.2 -02 -2014 Minutes Page - 5 - Mayor Carpenter recognized Councilmember Edwards who said we are scheduled for a discussion retreat session on Friday, December 5. If Mr. Azzoz can come there with some ideas as to that subject so we can add that to our strategic plan because going forward it is important for budgeting further out. He made some notes when Mr. Kessel was speaking earlier. It looks like salaries are about 1.13 of our budget and our largest expense. Also, right now there is only about 14 percent of people in the country that have pensions. We are all responsible for our self - management and improvement. Step increases are responsibility- based management. It would be irresponsible during a downturn in the economy to start throwing cash out. We have to always be aware of contingencies for hard times or unexpected events. On Friday at our strategic meeting, we need to all bring our best ideas to the table for discuss icih. Mayor Carpenter recognized Councilmember Fowler` N Air Force they would get a cost of living increase and go up. We need to look at the impact of doing big it the 2 or 4 percent. What do we have to cut to get that cut the pie differently? One of his concerns is in rega increases in cost of medicine, etc. We nebd" to c standpoint. Changes cannot just come in one part of th a ratio coming from each part. He does not see a very give out. He doesn't mind spending Biome time to look io stated that when he was in the en within 30, days his rent would -eases for the employees beyond coney? How d6e "it change if we .,to our medical program and the rer our people from a medical `pie' so to speak. There has to be irge increase in the raises we can the imbacts of this. Mayor Carpenter summarized by saying we do want to hire the best talent that we can, we wilt to retain the,,and we want to compensate them at the highest level that we can comfortably maintain and sustain as a city. The previous council and budget planning session allocated $300,000 to start us on that path. Our first employee engagement and satisfaction survey which was taken by our employees earlier this year confirmed this. In 2004 a study w done internally but it did not solve the problem. Another one was done in 2011 and it also did not solve the problem. In our hearts we are all interested in compensating our employees well, which includes `benefits'. Let's continue this discussion on Friday at the retreat meeting. Discussion and Action Items 1. Resolution No. 14 -R -93 — Consideration and approval of a Resolution by the Schertz City Council approving a Bond Resolution previously adopted by the Board of Directors of the 1.2 -02 -2014 Minutes Page - 6 - Schertz /Seguin Local Government Corporation authorizing the issuance of bonds designated as "Schertz /Seguin Local Government Corporation Contract Revenue Improvement and Refunding Bonds, new Series 201.5 "; acknowledging that these obligations were sold to Raymond James & Associates, Inc., Dallas, Texas, as the authorized Representative of a Group of Underwriters pursuant to the provisions of a purchase contract; ratifying, reconfirming, and readopting the provisions of a Regional Water Supply Contract executed between the City of Schertz, Texas, the City of Seguin, Texas, and the Schertz /Seguin Local Government Corporation; authorizing the Mayor, the City Manager, and the City Secretary of the City of Schertz, Texas to execute on behalf of the City of Schertz, Texas all documents in connection with thi,transaction; and other matters in connection therewith (J. Bierschwale /J. Kuhn /NI McLiney /A. Friedman) The following was read into record: RESOLUTION NO. 14 -R -93 Mayor Carpenter,' arpenter recognized Andrew Freidman, Vice - President with Southwest Securities who'introduced this item stating the SSLGC has been working with Southwest Securities and SAMCO Capital Markets, the SSLGC's Co- Financial Advisors, on refunding the SSLGC's outstanding Series 2007 Bonds for interest rate savings combined with $7,300,000 in new bonds to complete land and water rights acquisition portions of the Guadalupe Project. The refunding and new money will be sold together to minimize costs of issuance. The Bonds will be solely paid from the Pledged Revenues as outlined in the Regional Water Supply Contract that became effective November 15, 1999 and entered into by and 1.2 -02 -2014 Minutes Page - 7 - among the Schertz /Seguin Local Government Corporation, the City of Schertz, and the City of Seguin. Preliminary interest rate indications show that Net Savings, after all costs of issuance and contributions, will be in excess of $2,300,000 ($90,000 annually until 2041). Savings will benefit Schertz and Seguin equally. The sale of the bonds went very well because Standard & Poors had upgraded SSLGC's rating to A +. This helps us to borrow at a lower cost. The handout he passed out to everyone shows the $41,720,000 new money bond sale witli interest rate of 3.917 percent. Total payments of principal and interest will be $425,000 per year for 30 years and the City of Seguin and City of Schertz will share equally in making that payment each year. With the refunding portion of the sale, they were able to lock in a very good savings. If council takes action this evening and affirms the bo a',sale it will result in a savings of $100,000 per year, or $3,000,000 over 3Il years. The Corporation has adopted the sale of the refunding bonds and the new money bonds as has the City of Seguin. With Schertz's approval this would conclude the approval process and they would move to close on January 13, 2015, and funds would be deposited: for the new money portion and also lock in the refunding for the exchange of those bands. Mayor Carpenter recognized Councilmember John that the C1' Resolution previously adopted by Government Corporation authorizi Corporation Contract Revenue Im The vote was unanimous with ilmember Fowler who moved, seconded by Azzoz, and Edwards voting yes and no ;il approve a Resolution approving a Bond rd of Directors of the Schertz /Seguin Local seance of Schertz /Seguin Local Government nt and Refunding Bonds, New Series 2015. Pro -Tem John, Councilmembers Fowler, e voting no. Motion passed. The property before you this evening is the home at 505 Exchange Street, Schertz, Texas and it was built by a local San Antonio builder in the year 1929 for Max and Hulda Zamzow. The Zamzow family had previously owned a small farm between the then small towns of Cibolo and Schertz, Texas. The Zamzow's had five children who grew up in the home, one of whom is Mae Mylyus (born: 1924) who now resides at 1101 Fawn Dr., Schertz, Texas and who confirms her parent's ownership of the home until their deaths. Mae's father (Max) worked as a truck driver and was involved in the construction of Randolph Air Field in 1930 -1931. Mae resided in the home from 1929 1.2 -02 -2014 Minutes Page - 8 - until her marriage in 1948. The home stayed in the family following her parent's death. Her sister Nadine (Reicherzer) and husband Hugo next owned the house. Two sons of Nadine and Hugo Reicherzer inherited the home upon their parent's death (Januaryl998). The home is currently owned by the two sons (Gary & Kenny). The home retains its original exterior and interior design (two bedrooms /one bath/living room /kitchen) and has a basement area. The home is representative of the best in design and construction of the early 20th century. Its size and set -back position on the large corner lot made it a glamorous and most admired home of the time. Its full frontage porch with attractive red brick surround was a special architectural feature unique within the community. The double dormer feature centered on the front roofline added spectacular' architectural interest to the property. The home is worthy of a Schertz landmark desigriatio due to its position as one of the community's first neighborhood famil ,,dwellings and its unique architectural features that reflect a beauty and style unprecedented for the perjod. The Schertz Historical Preservation Commission recommends Council approval of ,the Landmark Property designation for 505 Exchange Street; The NO. 14 -R -96 A 'RESOLUTION 'BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS, AUTHORIZING A PROFESSIONAL SERVICES AGREEMENT WITH BURY -SAN, INC., RELATING TO ENGINEERING AND DESIGN FOR THE DAVID LACK BOULEVARD EXTENSION PROJECT AND OTHER MATTERS IN CONNECTION THEREWITH Mayor Carpenter recognized City Engineer Kathryn Woodlee who introduced this item stating at the time of development of the Lack's Furniture Store on IH 35 and Schwab Road, Lack's built half of the David Lack Boulevard for access to the property. When Sysco was under construction, the other half was built to extend to the driveway of their property. After the closing of the Lack's Furniture Store, the property was purchased by GE Salo£ GE Salof is in the process of expanding their business and in connection with an Economic Development Agreement; the City has agreed to pay for the approximately 300 -foot extension of David Lack Boulevard to service this expansion. The 1.2 -02 -2014 Minutes Page - 9 - Development Agreement approved by Council in February, 2014, included the funding of $200,000 for that roadway extension project, both design and construction. The engineering consulting firm Bury -SAN, Inc. provided design services to Sysco and designed the existing constructed segment of David Lack Boulevard. :Prior to hiring the City's current On -Call Engineering Firms, because of the project engineer's knowledge of the project site, Bury -SAN's services were requested to assist with this short extension. The approval of the Professional Services Agreement with Bury -SAN, Inc., will allow for this project to be designed bid for construction.,, The agreement includes Site Civil Engineering, Surveying, Geotechnical, and Title Research Services for this project. A current preliminary estimate of construction cost for the project is $176,000 which given the design costs would be over budget by approximately $13,000. Cost saving options will be explored during the engineering; process to achieve the, most cost effective design. Depending on the breakdown of costs of construction, drainage: 'improvements, utility work, and street construction, staffwill plore options to make up,the difference in funding. Staff recommends Council approve. Miring Bury -SAN, Inc. to engineer and design approximately 300 -foot extension of David Lack Boulevard. Mayor Carpenter recognized City Manager John Kessel who pointed out that this is not a normal city project that was developed with the city budget. It was developed in conjunction with GE ;and the Economic Development Corporation (EDC). This is a budget that was set as' a grant, so there is no city dollars expended so far except for EDC. The city general fund or various other funds are not bringing anything to the table so far except for staff time. Once the engineer designs it we will get some known costs; that dollar amount, if it is in excess, will be the total cost to the city. Mayor Carpenter recognized Councilmember Fowler who moved, seconded by Councilmember John to approve Resolution No. 14 -R -96. The vote was unanimous with Mayor Pro -Tem John, Councilmembers Fowler, Azzoz, and Edwards voting yes and no one voting no. Motion passed. 1.2 -02 -2014 Minutes Page - 10 - 4. Resolution No. 1.4 -R -98 — Consideration and/or action approving a Resolution authorizing the application for the 2014 Assistance to Firefighters Grant. (J. Bierschwale/D. Covington) The following was read into record: RESOLUTION NO. 14 -R -98 A RESOLUTION BY THE CITY COUNCIL OF THE , CITY OF SCHERTZ, TEXAS AUTHORIZING THE APPLICATION FOR A GRANT, AND OTHER MATTERS IN CONNECTION THEREWITH Mayor Carpenter recognized Fire Chief David Co stating that the City is requesting authorization to Firefighters Grant through the U.S. :Department 07 Acquisition and Operations and Safety projects in $240,000, of which 1.0% is matched by th&, ity. TI amount not to exceed $190,000 to be used e chhsiv( Fire, EMS, Police, and others while operating at an hazardous materials identification tool not to excee efficiency of emergency operations when dealing with tgton who introduced this item . apply for 4 :2014 Assistance to Homeland Security for Vehicle the total amount- not to exceed ,,,goal is to secure a Vehicle in an at highway incidents to protect aergency scene and to purchase a $50,000 to improve safety and [nknown substances. Department uses existing equipment valued icy scene from dangerous traffic. Providing a n is fiscaly responsible. Such a vehicle will board, and equipment to reduce the damage, lic. Matching funds of up to $24,000 will 1gei. Some replacement equipment will be mmends approval. 1 enter recognized Couneilmember Edwards who moved, seconded by nber Azzoz to approve Resolution No. 14 -R -98. The vote was unanimous r Pro -Tem John, ' Councilmembers Fowler, Azzoz, and Edwards voting one voting no. Motion passed. 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 Mayor Carpenter recognized Couneilmember Edwards who said he wanted to make a motion to take applications and then make an appointment. Couneilmember Azzoz seconded that. Mayor Carpenter stated for clarification and to make sure we are looking at the third option, would it be Resolution A or B. Couneilmember Edwards said A and Couneilmember Azzoz said B. City Manager John Kessel stated we are getting very close to the deadlines and option A would maybe not be possible anymore. City Secretary Brenda Dennis confirmed we 1.2 -02 -2014 Minutes Page - 11 - would not be able to get it published properly. Councilmember Edwards pointed out that council can reserve the right to alter the procedure at any time by resolution or rule. Subsequently, Councilmember Edwards withdrew his motion and Councilmember Azzoz withdrew his second. Councilmember Edwards stated in his opinion we need a full council seated quickly because we have pressing items to address. Mayor Carpenter recognized Councilmember Fowler who asked City Secretary Brenda Dennis what procedure we normally would go through regarding advertisements. Ms. Dennis stated we would get it out on the website and publish it in the newspaper. The Commercial Recorder is our newspaper of record but we also advertise in The Herald newspaper. We missed the deadline for The Herald but `e can make the Commercial Recorder. Councilmember Edwards said that with option J We Mayor Carpenter stated that the reason option -j is in where council may not want to go through application After more discussion of dates and times, Cci website only and set Tuesday, December 9, 2012 and then from those applicants,, Council will n council meeting on Tuesday, December, 1,6, 2014. through 5. nests and 't have tc publish in a paper. e is that thane could be a time to the circumstances. cided to advertise on the city deadline to receive applications >ir appointment decision at the erbf Azzoz who moved, seconded by r (J) under the "Appointment Procedure for a the city website utilizing the banner, accept December 9, 2014, and conduct interviews on was 3 -1 -0 with Mayor Pro -Tem John, ting yes and Councilmember Fowler voting recognized-City Secretary Brenda Dennis who recapped the votes of items 1 6. Announcements by City Manager • Citizen Kudos • Recognition of City employee actions • New Departmental initiatives Mayor Carpenter recognized City Manager John Kessel who stated that Senior Administrative Assistant Sandy Bryant and EMS Director Dudley Wait also participated in the Mo'vember "Faux Mo" category. 1.2 -02 -2014 Minutes Page -12 - 7. Requests by Mayor and Councilmembers that items be placed on a future City Council agenda. No items requested. 8. Requests by Mayor and Councilmembers to City Manager and Staff for information. No request given. 9. Announcements by Mayor and Councilmembers Adiournment As there was no 9 meeting 1.2 -02 -201.4 Minutes Page -13 - at 8:31p.m. Michael R. Carpenter, Mayor Agenda No. 3 CITY COUNCIL MEMORANDUM City Council Meeting: December 9, 2014 Department: City Manager Subject: Resolution No. 14 -R -85- Authorizing the donation of approximately 600 square feet of real property to the Texas Department of Transportation; approving the City Manager's execution of a donation agreement and donation deed; and authorizing the City Manager to take additional actions reasonably necessary therewith. On February 6, 2014 the Texas Department of Transpiration notified the City by letter delivered to the Executive Director of Development the Property was required for access enhancements at Interstate Highway 35 and FM 1103 FISCAL IMPACT None 119 00304 104 10101117,174 Y [I7►1 Approve Resolution No. 14 -R -85 ATTACHMENT(S) Resolution No. 14 -R -85 for consideration Agreement concerning the Donation of Property to the Texas Department of Transportation Donation Deed Property Description of Parcel No. 12 11114 N-UnUMNIME 21 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING THE DONATION OF APPROXIMATELY 600 SQUARE FEET OF REAL PROPERTY TO THE TEXAS DEPARTMENT OF TRANSPORTATION; APPROVING THE CITY MANAGER'S EXECUTION OF A DONATION AGREEMENT AND DONATION DEED; AND AUTHORIZING THE CITY MANAGER TO TAKE ADDITIONAL ACTIONS REASONABLY NECESSARY THEREWITH WHEREAS, the City holds title to and is in possession of approximately 600 square feet of real property being out of that called 0.0137 of one acre tract conveyed to Guadco Municipal Utility District NO. 1 by deed filed for record on April 5, 1977 and recorded in Volume 250, Page 920; and WHEREAS, on February 6, 2014 the Texas Department of Transportation notified the City by letter delivered to the Executive Director of Development the Property was required for access enhancements at Interstate Highway 35 and F. M. 1103; and WHEREAS, the City Council deems this donation does fulfill such public purpose. CITY OF SCHERTZ, TEXAS THAT: Section 1. The City Council hereby approves the terms of the Donation Agreement as set out in Exhibit "A ", and the Donation Deed as set out in Exhibit "B ". Section 2. The City Manager is hereby authorized to execute, on behalf of the City, and deliver to the Texas Department of Transportation, a Donation Agreement that is substantially similar to Exhibit "A ", and the Donation Deed that is substantially similar to Exhibit "B ", and such other documents and instruments reasonably necessary to conclude the transaction. 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 the 91h day of December, 2014. . CITY OF SCHERTZ, TEXAS Michael R. Carpenter, Mayor Brenda Dennis, City Secretary (CITY SEAL) 50715776.2 EXHIBIT A son 5776.2 A -1 EXHIBIT D 50715776.2 A -2 Form ROW -N -141 (12(12) Page 1 of 4 AGREEMENT CONCERNING THE DONATION OF PROPERTY TO THE TEXAS DEPARTMENT OF TRANSPORTATION STATE OF TEXAS § COUNTY OF COMAL § THIS AGREEMENT is made by and between the State of Texas, acting by and through the Texas Department of Transportation, hereinafter called the "Department ", and City of Schertz, hereinafter called the "Donor ". WHEREAS, the Department, in accordance with the Texas Transportation Code, Subchapter D, Chapter 201, Section 201.206, may accept donations for the purpose of carrying out its functions and duties; and WHEREAS, the Donor desires to donate property more particularly described on Exhibit "A ", attached hereto and incorporated herein for all purposes (the "Property "), to the Department; and WHEREAS, acceptance of the donation of the Property will further the Department's ability to meet its responsibilities; and CHECK ONE OF THE FOLLOWING: ❑ WHEREAS, the Donor is not subject to Department regulation or oversight, or interested in or likely to become interested in any contract, purchase, payment, or claim with or against the Department; and If the preceding was not checked because the donor is subject to Department regulation or oversight, or interested in or likely to become interested in any contract, purchase, payment or claim with or against the Department, but the following is correct, then check the following. ® WHEREAS, although the Donor may be subject to Department regulation or oversight, or interested in or likely to become interested in any contract, purchase, payment, or claim with or against the Department, acceptance of the donation will provide a significant public benefit and will not influence or reasonably appear to influence the Department in the performance of its duties: NOW, THEREFORE, in consideration of the agreements of the parties hereto, to be by them respectively kept and performed as hereinafter set forth, it is agreed as follows: Article 1. Donation and Use Thereof A. The Donor has executed a Deed, a copy of which is attached hereto as Exhibit B, conveying the Property to the Department. Although the Donor has given physical possession of the executed deed to Form ROW -N -141 (12/12) Page 2 of 4 the Department, Donor and the Department agree that delivery of the deed has not occurred, and the Department has not accepted actual delivery of the deed sufficient for title to pass. The Department hereby agrees to accept delivery of such deed after the Texas Transportation Commission has approved Donor's donation of the Property by official action in accordance with law, and title shall pass upon the Department's execution of this Agreement as authorized by the Texas Transportation Commission. B. The value of the Property donated as determined by an appraisal prepared by Paul Grafe is $4,800.00. C. Donor agrees and acknowledges that Donor has been fully informed of his /her /its right to receive just compensation for the Property; however, it is the desire and intent of Donor to donate the Property to the Department. D. Acceptance of the donation herein described does not bind the Department to a course of action or promise of performance. Article 2. Representations and Warranties A. The Donor represents and warrants that it has the ownership interest being conveyed in the attached deed. B. The Department does not approve and is not responsible for any representations made by the Donor for tax purposes. C. Donor represents and warrants to the Department that Donor has no knowledge of any current or former use, generation, storage or disposal of any hazardous material on or under the Property currently or previously in violation of any federal, state or local government law or rule. Additionally, Donor represents and warrants to the Department that Donor has no knowledge of the Property being used for a gas station, auto shop, or dry cleaning service, and has no knowledge of the presence of asbestos material on the Property. Donor has not received any notice of any action or proceeding relating to any hazardous materials or any release thereof on, in, under or about the Property. D. For the purposes of this Agreement any representation, warrant or covenant of Donor provided herein is made to the current actual knowledge of the following representatives of Donor, John Kessel, City Manager, City of Schertz, Texas. Any such statements are not predicated upon constructive knowledge and no inquiry has been made or expected to be made as a basis for such statement. All representations and warranties of Donor shall survive the Closing for a period of two years following the Closing date. Article 3. Relocations, Incidental Expenses, Relationship between Donor and Department A. After the acceptance of the delivery of the deed and execution of this Agreement by the department, Donor will be reimbursed for any fair and reasonable incidental expenses necessarily incurred in transferring title to the Property for use by the Department. Expenses eligible for reimbursement Form ROW-N-141 (12/12) Page 3 of 4 may include (1) recording fees, transfer taxes and similar expenses incidental to conveying the real property to the Department; and (2) penalty costs for prepayment of any preexisting recorded mortgage entered into in good faith encumbering the Property. Voluntary unnecessary expenses or expenses incurred in clearing questionable title will not be eligible for reimbursement. Eligible incidental expenses will be reimbursed upon submission of a claim supported by receipted bills or other evidence of actual expenses incurred. Donor may file a written request for review if Donor believes that the Department failed to properly determine the eligibility for or the amount of incidental expenses to be reimbursed. There is no standard form on which to request a review of a claim; however, the claim must be filed with the Department within six months after you are notified of the Department's determination on any claim for reimbursement. B. Donor acknowledges receipt of the brochure entitled "Relocation Assistance" and understands that relocation assistance benefits, if any, are handled entirely separate from and in addition to this transaction. Relocation benefits, if any, will be examined on a case by case basis, and will be specifically set forth in a separate agreement. C. There is no official relationship between the Donor and the Department. The Donor is a property owner desiring to donate Property to the Department for no benefit or gain to the Donor. D. This Agreement and the donation deed constitute the only promises, consideration and conditions of this conveyance, and no other promises, consideration or conditions have been signified or implied, except any benefits which Donor may or may not be entitled under the State's Relocation Assistance Program. E. The State, without cost to the Donor, will pay the cost of recording all instruments conveying title to the State, and the State may, but is not obligated to, purchase an owner's title policy at the State's expense. Article 4. Availability of Information This agreement is public information and will furnished to a requestor under the Public Information Act, Government Code, Chapter 552. Form ROW -N -141 (12/12) Page 4 of 4 F*IW John P. Campbell, P.E., Director of Right of Way Date: �IZ�7�C The undersigned signatory warrants that he /she is an official representative of the organization making the donation described herein and that he /she is authorized to make the donation and to enter into this Agreement on behalf of the organization. The undersigned understands and agrees that the conveyance of the Property does not occur until the Department has executed this Agreement in accordance with specific approval of the Texas Transportation Commission and in accordance with law, and has thereby accepted deliverance of the deed. C John Kessel, City Manager Date: Principal Place of Business /Address: 1400 Schertz Parkway Schertz, TX 78154 Notice of Confidentiality Rights: If you are a natural person, you may remove or strike any of the following information from this instrument before it is filed for record in the public records: your Social Security Number or your Driver's License Number. NEW Form ROW -N -24 (Rev. 10/13) Page 1 of 3 DONATION DEED Controlled Access Highway Facility it � 11 • 1 1:'! TxDOT Parcel No.: 1.2 Grantor(s), whether one or more: City of Schertz Grantor's Mailing Address (including county): 1400 Schertz Parkway Guadalupe County Schertz, TX 78154 Grantee: Texas Department of Transportation Grantee's Mailing Address (including county): 125 E. l lt" Street Travis County Austin, TX 78701 Grantee's Authority: The Texas Transportation Commission is authorized under the Texas Transportation Code to purchase land and such other property rights (including requesting that counties and municipalities acquire highway right of way) deemed necessary or convenient to a state highway or turnpike project to be constructed, reconstructed, maintained, widened, straightened, or extended, or to accomplish any purpose related to the location, construction, improvement, maintenance, beautification, preservation, or operation of a state highway or turnpike project. The Texas Transportation Commission is also authorized under Texas Transportation Code Chapters 203 and 224 to request that counties and municipalities acquire highway right of way that the Commission has determined is necessary or convenient to a state highway to be constructed, reconstructed, maintained, widened, straightened, or extended, including the acquisition of land and such other property rights deemed necessary for the purposes of facilitating the flow of traffic and promote the public safety and welfare on both non - controlled facilities and designated controlled access highways and turnpike projects. Consideration: The sum of Ten and no /100 Dollars ($1.0.00) to Grantor in hand paid by Grantee, receipt of which is hereby acknowledged, and for which no lien is retained, either expressed or implied. * N24* Form ROW -N -24 (Rev. 10/13) Page 2 of 3 Property: All of that certain tract or parcel of land in Comal County, Texas, being more particularly described in the attached Exhibit A (the "Property "). Reservations from and Exceptions to Conveyance and Warranty: This conveyance is made by Grantor and accepted by Grantee subject to the following: Visible and apparent easements not appearing of record. 2. Any discrepancies, conflicts, or shortages in area or boundary lines or any encroachments or any overlapping of improvements which a current survey would show. Easements, restrictions, reservations, covenants, conditions, oil and gas leases, mineral severances, and encumbrances for taxes and assessments (other than liens and conveyances) presently of record in the Official Public Records of Comal County, Texas, that affect the property, but only to the extent that said items are still valid and in force and effect at this time. Grantor reserves all of the oil, gas, sulfur in and under the Property but waives all rights of ingress and egress to the surface thereof for the purpose of exploring, developing, mining or drilling for same; however, nothing in this reservation shall affect the title and rights of the Grantee, its successors and assigns, to take and use all other minerals and materials thereon, therein and thereunder. Grantor is retaining title to the following improvements ( "Retained Improvements ") located on the Property, to wit: None Grantor covenants and agrees to remove the Retained Improvements from the Property by 1s` day of January, 2015, subject to such extensions of time as may be granted by Grantee in writing. In the event Grantor fails, for any reason, to remove the Retained Improvements within the time prescribed, then, without further consideration, title to all or part of such Retained Improvements not so removed shall pass to and vest in Grantee, its successors and assigns, forever. Access on and off Grantor's remaining property to and from the State highway facility shall be permitted except to the extent that such access is expressly prohibited by the provisions set out in Exhibit "A ". Grantor acknowledges that such access on and off the State highway facility is subject to regulation as may be determined by the Texas Department of Transportation to be necessary in the interest of public safety or by applicable local municipal or county zoning, platting or permitting requirements. GRANTOR, for the Consideration and subject to the Reservations from Conveyance and the Exceptions to Conveyance and Warranty, grants, sells and conveys to Grantee the Property, together with all and singular the rights and appurtenances thereto in anywise belonging, to have and to hold it to Grantee and Grantee's successors and assigns forever. Grantor binds Grantor and Grantor's heirs, successors and assigns to Warrant and Forever Defend all and singular the Property to Grantee and Grantee's successors and assigns against every person whomsoever lawfully claiming or to the claim the same or any part thereof, except as to the Reservations from Conveyance and the Exceptions to Conveyance and Warranty. The warranties of title contained herein and the limited expressed representations set forth in the donation agreement, in which this deed is the subject, are exceptions from and not limited by the language contained in any portion of article 2 of said agreement, subject to the aforementioned exceptions and in all other respects, grantee accepts the property "as is" and "where is ", with all faults, and grantee agrees that neither grantors nor any of grantor's employees, officers, members, directors, representatives, attorneys Form ROW -N -24 (Rev. 10/13) Page 3 of 3 and/or agents, collectively the "grantor's related parties ", have made or given any warranties, guarantees, or representations of any kind whatsoever, regarding any matter relating to the property whether oral or written, express or implied. Grantee specifically agrees and acknowledges that except as set forth in this deed and the agreement, there are no express or implied warranties or representations regarding the suitability, or fitness for a particular purpose and that there are no express or implied warranties or representations regarding the present or future value, profitability, performance or productivity of the property, the condition of the property for grantee's intended use or any other use, or regarding the past or present compliance by grantor with laws related to land use, environmental matters, pollution, or any laws pertaining to the handling, generating, treating, storing, transporting, or disposing, or the presence or absence on the property of hazardous or toxic waste or substances as such terms are defined in federal, state and local laws. EXECUTED on the date(s) of acknowledgement indicated below. GRANTOR: City of Schertz John Kessel City Manager Corporate Acknowledgment State of Texas County of Comal This instrument was acknowledged before me on by John Kessel, City Manager, of the City of Schertz, a Texas Municipality, on behalf of said entity. Notary Public's Signature THENCE North. 30'38'47" West, along the existing southeast right-of-way line of LUAU. 35-,- the southwest boundary line • the called 0.0137 • one acre tract, the northeast boundary line • the called 0.115 • one acre tract, a distance • 20.00 feet to a V2" rebar with "NMS" cap set at the west comer • the called 0.0 137 • one acre tract, the north comer • the called 0. 115 of one acre tract; (2) THENCE North. 59'21'13" East, continuing along the existing southeast right-of-way line if I.H. No. 35, the northwest boundary line • the called 0.0137 • one acre tract, a distance • 30.00 feet • a V2" rebar with "MDS" cap set at the north comer • the called 0.0137 • one acre tract, the west comer of a called 0.031 of one acre tract conveyed to the State of Texas by deed recorded in Document No. 200406029128, Comal County, Texas; (4) THENCE South. 59'21'13" West, along the southeast boundary line • the called 0.0137 • one acre tract, the northwest boundary line of the called 10.881 acre tract, same being the proposed southeast right-of-way line of I. H. No. 35, a distance of 30.00 feet to the PLACE OF BEGINNING containing 0.014 of one acre (600 Square Feet) of land, more or less. I x I g I I I q�� I 11111 111%� 1 11 p I 9, FIND 40 * » m LSTk 291+38.71 OFFSET: 264.00 • i A Y • C � Y 9 4¢Q vk STA. 293+61.74 ET: 264.00 R f 1 • m D SURVEYING 113 FALLS COURT, Boo BOERNE. TEXAS 78M T y PHONE: lUtIMMAW BqW IN �' I - 244.00 13 • 1 Y , i; Y 10 20 r feet. LINE TABLE r rr COUNTY PLAT OF i i • • - 1 • •,. - r ►.:. i . of Y •..:. • r -r REMAINDER: N/o, r COUNTY PLAT OF PARCEL 12 rr�.r r DATE • r' AUG. 10, 2007 REMAINDER: N/o, CITY COUNCIL MEMORANDUM City Council Meeting: December 9, 2014 Department: Finance Department Agenda No. 4 Subject: Resolution No. 14 -R -99 — A Resolution by the City Council of the City of Schertz, Texas approving and authorizing a Special Warranty Deed conveying Lot 15, Block 54, Live Oak Hills Subdivision to LCRA Transmission Services Corporation for the construction of a new electric transmission line and other matters in connection therewith The LCRA Transmission Services Corporation sent a letter with an offer to purchase Lot 15, Block 54, Live Oak Hills Subdivision from the City of Schertz for the construction of an electric transmission line to serve the needs of the growing community. LCRA has been working with stakeholders in the community for several years to inform them on the project to construct the electric transmission line. LCRA currently has an easement on the property. The City will request approval in the future from LCRA to build an improved hike and bike trail within the LCRA easement. Goal To enter into a Special. Warranty Deed with LCRA Transmission Services Corporation, a Texas non- profit corporation, for the sale Lot 15, Block 54, Live Oak Hills Subdivision for the construction of a new electric transmission line. Community Benefit The community benefits by having adequate electric utility services. Summary of Recommended Action Staff recommends Council approve the Resolution approving the Special Warranty Deed with LCRA Transmission Services Corporation for the construction of an electric transmission line. FISCAL IMPACT The City will be compensated $10,000 for the sale of Lot 15, Block 54, Live Oak Hills Subdivision to LCRA. The county appraisal district has the property valued at $9,207. RECOMMENDATION Staff recommends Council approve Resolution 14 -R -99 ATTACHMENTS Resolution No. 14 -R -99 City Council Memorandum Page 2 Special Warranty Deed Map Related Documents RESOLUTION NO. 14 -R -99 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS APPROVING AND AUTHORIZING A SPECIAL WARRANTY DEED CONVEYING LOT 15, BLOCK 54, LIVE OAK HILLS SUBDIVISION, AN ADDITION IN GUADALUPE COUNTY, TEXAS, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 2, PAGES 146 -147 OF THE PLAT RECORDS OF GUADALUPE COUNTY, TEXAS TO LCRA TRANSMISSION SERVICES CORPORATION FOR THE CONSTRUCTION OF A NEW ELECTRIC TRANSMISSION LINE AND OTHER MATTERS IN CONNECTION THEREWITH WHEREAS, LCRA Transmission Services Corporation (the "Grantee ") desires to construct a new electric transmission line from the E.C. Mornhinweg Substation in Comal County, Texas to an existing transmission line (T -357) located in Guadalupe County and Comal County, Texas; WHEREAS, in order to construct such electric transmission line, the Grantee requests that the City of Schertz, Texas (the "City ") sell to the Grantee Lot 15, Block 54, Live Oak Hills Subdivision, an addition in Guadalupe County, Texas, according to the plat thereof recorded in Volume 2, Pages 146 -147 of the Plat Records of Guadalupe County, Texas (the "Property "); and WHEREAS, the City has determined that it is in the best interest of the City to convey the Property to the Grantee pursuant to the Special Warranty Deed, attached hereto as Exhibit A. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS THAT: Section 1. The City Council hereby authorizes the City Manager to execute and deliver the Special Warranty Deed to the Grantee in substantially the form set forth on Exhibit A, with such minor modifications that may be authorized by the City Manager, in consultation with the City Attorney, provided that no such modifications shall be contrary to, or inconsistent with, the Special Warranty Deed attached hereto. Section 2. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Resolution for all purposes and are adopted as a part of the judgment and findings of the City Council. Section 3. All resolutions, or parts thereof, which are in conflict or inconsistent with any provision of this Resolution are hereby repealed to the extent of such conflict, and the provisions of this Resolution shall be and remain controlling as to the matters resolved herein. Section 4. This Resolution shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 5. If any provision of this Resolution or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Resolution and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City Council hereby declares that this Resolution would have been enacted without such invalid provision. Section 6. It is officially found, determined, and declared that the meeting at which this Resolution is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Resolution, was given, all as required by Chapter 551, Texas Government Code, as amended. Section 7. This Resolution shall be in force and effect from and after its final passage, and it is so resolved. PASSED AND ADOPTED, this 9th day of December, 2014. CITY OF SCHERTZ, TEXAS Michael R. Carpenter, Mayor ATTEST: Brenda Dennis, City Secretary (CITY SEAL) EXHIBIT A w xv 1,11 PLIAT1,11 ' k"AWN 1 1 A -1 NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OF THE FOLLOWING INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. STATE OF TEXAS [C1111►i1 &we] 9[eiil\ 7_1 go 9 DATE: SPECIAL WARRANTY DEED 2014. GRANTOR: CITY OF SCHERTZ, TEXAS GRANTOR'S MAILING ADDRESS: c/o City Manager 1400 Schertz Pkwy, Administration Bldg. Schertz, Texas 78154 GRANTEE: LCRA TRANSMISSION SERVICES CORPORATION, a Texas non -profit Corporation GRANTEE'S MAILING ADDRESS: P.O. Box 220 Austin, Texas 78767 -0230 CONSIDERATION: Ten dollars ($10.00) and other valuable consideration, the receipt and sufficiency of which are hereby acknowledged. PROPERTY (including any improvements): Lot 15, Block 54, Live Oak Hills Subdivision, an addition in Guadalupe County, Texas, according to the plat thereof recorded in Volume 2, Pages 146 -147 of the Plat Records of Guadalupe County, Texas. RESERVATIONS FROM AND EXCEPTIONS TO CONVEYANCE AND WARRANTY: This conveyance is made subject to (i) all visible and apparent easements, all applicable zoning, platting and other governmental ordinances, laws, rules and regulations, and all matters of record relating to the Property as shown in the Real Property Records of Guadalupe County, Texas and (ii) those items listed on Exhibit A, attached hereto and incorporated herein. Taxes for the current year to date of conveyance and subsequent assessments for this and prior years due to change in land usage, ownership, or both, shall be paid by Grantee. Special Warranty Deed, City of Schertz to LCRA TSC 1 1 Pegs Grantor, for the Consideration and subject to the Reservations from Conveyance and the Exceptions to Conveyance and Warranty, grants, sells, and conveys to Grantee the Property, together with all and singular the rights and appurtenances thereto in any way belonging, to have and to hold it to Grantee and Grantee's heirs, successors, and assigns forever. Grantor binds Grantor and Grantor's heirs and successors to warrant and forever defend all and singular the Property to Grantee and Grantee's heirs, successors, and assigns against every person whomsoever lawfully claiming or to claim the same or any part thereof when the claim is by, through, or under Grantor but not otherwise, except as to the Reservations from Conveyance and the Exceptions to Conveyance and Warranty. By accepting this deed, Grantee acknowledges that the PROPERTY IS BEING CONVEYED IN ITS PRESENT "AS IS" CONDITION AND GRANTEE ACCEPTS THE PROPERTY IN ITS PRESENT CONDITION. GRANTEE ACKNOWLEDGES THAT IT IS NOT RELYING UPON THE ACCURACY OR COMPLETENESS OF ANY REPRESENTATION, BROCHURE, RENDERING, PROMISE, STATEMENT OR OTHER ASSERTION OR INFORMATION WITH RESPECT TO THE PROPERTY MADE OR FURNISHED BY OR ON BEHALF OF, OR OTHERWISE ATTRIBUTED TO, GRANTOR OR ANY OF ITS AGENTS, EMPLOYEES OR REPRESENTATIVES, ANY AND ALL SUCH RELIANCE BEING HEREBY EXPRESSLY AND UNEQUIVOCALLY DISCLAIMED, BUT IS RELYING SOLELY AND EXCLUSIVELY UPON ITS OWN EXPERIENCE AND ITS INDEPENDENT JUDGMENT, EVALUATION AND EXAMINATION OF THE PROPERTY. GRANTEE FURTHER UNEQUIVOCALLY DISCLAIMS (1) THE EXISTENCE OF ANY DUTY TO DISCLOSE ON THE PART OF GRANTOR OR ANY OF ITS AGENTS, EMPLOYEES OR REPRESENTATIONS AND (II) ANY RELIANCE BY GRANTEE ON THE SILENCE OR ANY ALLEGED NONDISCLOSURE OF GRANTOR OR ANY OF IT AGENTS, EMPLOYEES OR REPRESENTATIVES. GRANTEE TAKES THE PROPERTY UNDER THE EXPRESS UNDERSTANDING THAT THERE ARE NO EXPRESS OR IMPLIED WARRANTIES (EXCEPT FOR LIMITED WARRANTIES OF TITLE SET FORTH HEREIN). GRANTEE EXPRESSLY WARRANTS AND REPRESENTS THAT NO PROMISE OR AGREEMENT WHICH IS NOT HEREIN EXPRESSED HAS BEEN MADE TO IT AND HEREBY DISCLAIMS ANY RELIANCE UPON ANY SUCH ALLEGED PROMISE OR AGREEMENT. GRANTEE HAS AGREED TO DISCLAIM RELIANCE ON GRANTOR AND TO ACCEPT THE PROPERTY "AS -IS" WITH FULL AWARENESS THAT THE PROPERTY'S PRIOR USES OR OTHER MATTER COULD AFFECT ITS CONDITION, VALUE, SUITABILITY OR FITNESS; AND GRANTEE CONFIRMS THAT GRANTEE IS HEREBY ASSUMING ALL RISK ASSOCIATED THEREWITH. GRANTEE UNDERSTANDS THAT THE DISCLAIMERS OF RELIANCE AND OTHER PROVISIONS CONTAINED HEREIN COULD LIMIT ANY LEGAL RECOURSE OR REMEDY GRANTEE OTHERWISE MIGHT HAVE. GRANTEE ACKNOWLEDGES THAT IT WAS SOUGHT AND WAS RELIED UPON THE ADVICE OF ITS OWN LEGAL COUNSEL CONCERNING THIS PROVISION. Special Warranty Deed, City of Schertz to LCRA TSC "r When the context requires, singular nouns and pronouns include the plural. GRANTOR: CITY OF SCIIERTZ, TEXAS By: John Kessel Its: City Manager, City of Schertz ACKNOWLEDGMENT STATE OF TEXAS COUNTY OF GUADALUPE This instrument was acknowledged before me on this the day of 2014, by, , the City of Schertz, Texas, Grantor. Notary Public, State of Texas AFTER RECORDING RETURN TO: Lower Colorado River Authority P.O. Box 220 Austin, Texas 78767 -0220 Attention: Connie Freasier Mail: SC -D140 Special Warranty Deed, City of Schertz to LCRA TSC of EXHIBIT A Reservations from Conveyance and the Exceptions to Conveyance and Warranty 1. Any and all visible and /or apparent easements located on, over, or across the Property. 2. Building setback lines as set forth in an instrument recorded in Volume 357, Page 297, Deed Records, Guadalupe County, Texas. 3. Utility Easement: Recorded: Volume 357, Page 297, Deed Records, Guadalupe County, Texas Location: rear five feet of the lot. 4. Electric transmission and distributing line Easement: Recorded: Volume 85, Page 259, Deed Records, Guadalupe County, Texas. To: Comal Power Company 5. Electric line Easement: Recorded: Volume 229, Page 328, Deed Records, Guadalupe County, Texas. To: City of San Antonio 6. Electric line Easement: Recorded: Volume 229, Page 329, Deed Records, Guadalupe County, Texas. To: City of San Antonio 7. Mineral and/or royalty interest: Recorded: Volume 357, Page 297 and Volume 529, Page 666 (Lot 15, Block 54), Deed Records, Guadalupe County, Texas. 8. Volume 357, Page 297, Deed Records, Guadalupe County Texas, but omitting any covenant or restriction based on race, color, religion, sex, disability, handicap, familial status or national origin. 9. Any discrepancies, conflicts, or shortages in area or boundary lines, or any encroachments or protrusions, or any overlapping of improvements. 10. Standby fees, taxes and assessments by any taxing authority for the year 2013, and subsequent years; and subsequent taxes and assessments by any taxing authority for prior years due to change in land usage or ownership, but not those taxes or assessments for prior years because of an exemption granted to a previous owner of the property under Section 1113, Texas Tax Code, or because of improvements not assessed for a previous tax year. Special Warranty Deed, City of Schertz to LCRA TSC 4 1 P a g e 11. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the title that would be disclosed by an accurate and complete land survey of the land. 12. All leases, grants, exceptions or reservations of coal, lignite, oil, gas and other minerals, together with all rights, privileges, and immunities relating thereto, appearing in the Public Records whether listed in Schedule B of the Title Policy or not. There may be leases, grants, exceptions or reservations of mineral interest that are not listed. Special Warranty Deed, City of Schertz to LCRA TSC 5 1 Pugs ENERGYL r6 • WATER •COM�ERVI- LCRA TRANSMISSION SERVICES CORPORATION Line No. T -581 Easement No. C -093 September 23, 2014 Mr. John Kessel Manager, City of Schertz SENT VIA CERTIFIED AND REGULAR MAIL 1400 Schertz Pkwy, Administration Bldg. Schertz, TX 78154 Re: E. C. Mornhinweg to Parkway Transmission Line Project, Warranty Deed for Lot 15, Block 54, Live Oak Hills Subdivision, an addition in Guadalupe County, Texas, according to the plat thereof recorded in Volume 2, Pages 146 7147 of the Plat Records of Guadalupe County, Texas. Dear Mr. Kessel: LCRA Transmission Services Corporation (LCRA TSC), a Texas non - profit corporation, has plans to construct a new 138-kV electric transmission line from the E. C. Mornhinweg Substation in Comal County, Texas to an existing transmission line (T -357) located in Guadalupe County & Comal County, Texas (Project). LCRA TSC has previously informed you of a need to acquire a parcel for this Project which the City of Schertz owns (Property). A sketch showing the location of the easement on the Property is enclosed with this letter. To assist LCRA TSC in making a determination of the local market value for the parcel being acquired, a Compensation Summary was prepared for the Property. Based on the Compensation Summary, the value of the Property to be acquired is $$7,500.00 At this time LCRA TSC offers to purchase the Property described above for $7,500,00. The amount offered represents LCRA TSC's opinion of the value for the Property. Enclosed is the proposed form of Deed for the property. LCRA requests that you respond to this offer in a timely manner. I understand that you may need to obtain City Council approval of this transaction. If you intend to recommend acceptance of this offer to the council, please let me know. If you need additional information, please call. Acceptance of this offer is considered to have occurred when you deliver to me a fully executed and notarized Deed included with this letter. We will also need a completed W -9 form. Once we have received the fully executed documents , we will deliver to you a check in the amount of $7,500.00. As part of its acquisition process, LCRA TSC provides landowners with a copy of the Texas Landowner Bill of Rights. This document, which is included with this letter, includes information about landowners' rights and options as provided by the law, but is not to be P.O. BOX 220 • AUSTIN, TEXAS - 78767 -0220 • (512) 473 -3200 • 1- 800 - 776 -5272 • WWW.LCRA.ORG considered legal advice from LCRA TSC. Please note that you have the right to discuss this offer or any agreement related to this acquisition with others or keep this offer or any agreement confidential unless the offer is subject to Chapter 552 of the Texas Government Code. A copy of the Compensation Summary is enclosed for your information. Should you have any questions about the Project, the Compensation Summary, or any of the enclosed documents or any other matters related to LCRA TSC's fee simple acquisition for the Project, please do not hesitate to contact me at (512) 578 -4585 or connie.freasier @lcra.org. Thank you for your past courtesies and for your prompt consideration of this offer. Si Annie J. Frre'cialist r Real Estate LCRA Transmission Services Corporation Enc: Landowner Bill of Rights; Compensation Summary; Deed; IRS W -9 Form; STATE OF TEXAS COUNTY OF GUADALUPE DATE: SPECIAL WARRANTY DEED 2014. GRANTOR: CITY OF SCHERTZ, TEXAS GRANTOR'S MAILING ADDRESS: c/o City Manager 1400 Schertz Pkwy, Administration Bldg. Schertz, Texas 78154 GRANTEE: LCRA TRANSMISSION SERVICES CORPORATION, a Texas non - profit Corporation GRANTEE'S MAILING ADDRESS: P.O. Box 220 Austin, Texas 78767 -0230 CONSIDERATION: Ten dollars ($10.00) and other valuable consideration, the receipt and sufficiency of which are hereby acknowledged. PROPERTY (including any improvements): Lot 15, Block 54, Live Oak Hills Subdivision, an addition in Guadalupe County, Texas, according to the plat thereof recorded in Volume 2, Pages 146 -147 of the Plat Records of Guadalupe County, Texas. RESERVATIONS FROM AND EXCEPTIONS TO CONVEYANCE AND WARRANTY: This conveyance is made subject to those items listed on Exhibit A, attached hereto and incorporated herein. Taxes for the current year to date of conveyance and subsequent assessments for this and prior years due to change in land usage, ownership, or both, shall be paid by Grantee. Grantor, for the Consideration and subject to the Reservations from Conveyance and the Exceptions to Conveyance and Warranty, grants, sells, and conveys to Grantee the Property, together with all and singular the rights and appurtenances thereto in any way belonging, to have and to hold it to Grantee and Grantee's heirs, successors, and assigns forever. Grantor binds Grantor and Grantor's heirs and successors to warrant and forever defend all and singular the Property to Grantee and Grantee's heirs, successors, and assigns against every person Special Warranty Deed, City of Schertz to LCRA TSC 11 Page whomsoever lawfully claiming or to claim the same or any part thereof when the claim is by, through, or under Grantor but not otherwise, except as to the Reservations from Conveyance and the. Exceptions to Conveyance and Warranty. When the context requires, singular nouns and pronouns include the plural. GRANTOR: CITY OF SCHERTZ, TEXAS Im Its: ACKNOWLEDGMENT STATE OF TEXAS COUNTY OF GUADALUPE This instrument was acknowledged before me on this the 2014, by, the City of Schertz, Texas, Grantor. Notary Public, State of Texas AFTER RECORDING RETURN TO: Lower Colorado River Authority P.O. Box 220 Austin, Texas 78767 -0220 Attention: Connie Freasier Mail: SC -D140 day of of Special Warranty Deed, City of Schertz to LCRA TSC _ ._.._ -- _.__- 2 Page EXHIBIT A. Reservations from Conveyance and the Exceptions to Conveyance and Warranty 1. Any and all visible and/or apparent easements located on, over, or across the Property. 2. Building setback lines as set forth in an instrument recorded in Volume 357, Page 297, Deed Records, Guadalupe County, Texas. 3, Utility Easement: Recorded: Volume 357, Page 297, Deed Records, Guadalupe County, Texas Location: rear five feet of the lot. 4. Electric transmission and distributing line Easement: Recorded: Volume 85, Page 259, Deed Records, Guadalupe County, Texas. To: Comal Power Company 5. Electric line Easement: Recorded: Volume 229, Page 328, Deed Records, Guadalupe County, Texas. To: City of San Antonio 6. Electric line Easement: Recorded: Volume 229, Page 329, Deed Records, Guadalupe County, Texas. To: City of San Antonio 7. Mineral and /or royalty interest: Recorded: Volume 357, Page 297 and Volume 529, Page 666 (Lot 15, Block 54), Deed Records, Guadalupe County, Texas. Special Warranty Deed, City of Schertz to LCRA TSC 31 Page COMPENSATION SUMMARY Parcel Nos, Property Owner(s): Project Guadalupe Central Appraisal District Tax ID Number: Lot 15, Block 54, ]Give Oak Hills Subdivision, Legal Description : Guadalupe County, Texas Guadalupe CAD Whole Property Value Total Compensation : Prepared by: Approved by: B -108 City of Shertz T -581 E.C. Mornhinweg to Parkway 32202 7,500 $ 7,500 ] N ) \ \ FAJ m \ 2 0 ] 2 S R 0 Q 2 c 0 » s \ \ c / & m !!EB§ R !1a z, /{ ;!■ :/_ l+im,E k�((�*{/ }) \)kk[ / \ &)!•! )(!| \ $ \$( LANDOWNER 9S BILL OF RIGHTS PREPARED BY THE �`SogNEy �� OFFICE OF THE ATTORNEY GENERAL OF TEXAS ag.cl This Landowner's Bill of Rights applies to any attempt by the government or a private entity to take your property. The contents of this Bill of Rights are prescribed by the Texas Legislature in Texas Government Code Sec. 402.031 and Chapter 21 of the Texas Property Code, 1. You are entitled to receive adequate compensation if your property is taken for a public use. 2. Your property can only betaken for a public use. 3. Your propertycanonlybetakenbyagovernmental entity or private entity authorized bylaw to do so. 4. The entity that wants to take your property must notify you that it wants to take your property. 5. The entity proposing to take your property must provide you with a written appraisal from a certified appraiser detailing the adequate compensation you are owed for your property. 6. The entity proposing to take your property must make a bona fide offer to buy the property before it files a lawsuit to condemn the property — which means the condemning entity must make a good faith offer that conforms with Chapter 21 of the Texas Property Code. 7. You may hire an appraiser or other professional to CONDEMNATffON PROCEDURE determine the value of your property or to assist you in any condemnation proceeding. 8. You may hire an attorney to negotiate with the condemning entity and to represent you in any legal proceedings involving the condemnation. 9. Before your property is condemned, you are entitled to a hearing before a court appointed panel that includes three special commissioners. The special commissioners must determine the amount of compensation the condemning entity owes for the taking of your property. The commissioners must also determine what compensation, if any, you are entitled to receive for any reduction in value of your remaining property. 10. If you are unsatisfied with the compensation awarded by the special commissioners, or if you question whether the taking of your property was proper, you have the right to a trial by a judge or jury. If you are dissatisfied with the trial court's judgment, you may appeal that decision. Eminent domain is the legal authority that certain entities are granted that allows those entities to take private property for a public use. Private property can include land and certain improvements that are on that property. Private property may only betaken by a governmental entity or private entity that is authorized bylaw to do so. Your property maybe taken only for a public purpose. That means it can only be taken for a purpose or use that serves the general public. Texas law prohibits condemnation authorities from taking your property to enhance tax revenues or foster economic development. Your property cannot be taken without adequate compensation. Adequate compensation includes the market value of the property being taken. It may also include certain damages if your remaining property's market value is diminished by the acquisition itself or by the way the condemning entity will use the property. HOW THIS TAKING PROCESS BEGINS The taking of private property by eminent domain must follow certain procedures. First, the entity that wants to condemn your property must provide you a copy of this Landowner's Bill of Rights before - or at the same time - the entity first represents to you that it possesses eminent domain authority. Second, if it has not been previously provided, the condemning entity must send this Landowner's Bill of Rights to the last known address of the person who is listed as the property owner on the most recent tax roll. This requirement stipulates that the Landowner's Bill of Rights must be provided to the property owner at least seven days before the entity makes a final offer to acquire the property. Third, the condemning entity must make a bona fide offer to purchase the property. The requirements for a bona fide offer are contained in Chapter 21 of the Texas Property Code. At the time a purchase offer is made, the condemning entity must disclose any appraisal reports it produced or acquired that relate specifically to the property and were prepared in the ten years preceding the date of the purchase offer. You have the right to discuss the offer with others and to either accept or reject the offer made by the condemning entity. CONDEMNATION PROCEEDINGS If you and the condemning entity do not agree on the value of your property, the entity may begin condemnation proceedings. Condemnation is the legal process that eligible entities utilize to take private property. It begins with a condemning entity filing a claim for your property in court. If you live in a county where part of the property being condemned is located, the claim must be filed in that county. Otherwise, the condemnation claim can be filed in any county where at least part of the property being condemned is located. The claim must describe the property being condemned, state with specificity the public use, state the name of the landowner, state that the landowner and the condemning entity were unable to agree on the value of the property,. state that the condemning entity provided the landowner with the Landowner's Bill of Rights, and state that the condemning entity made a bona fide offer to acquire the property from the property owner voluntarily. SPECIAL Cc MMISSffONERS9 HEARING After the condemning entity files a condemnation claim in court; the judge will appoint three local landowners to serve as special commissioners. The judge will give you a reasonable period to strike one of the special commissioners. If a commissioner is struck, the judge will appoint a replacement. Thbse special commissioners must live in the county where the condemnation proceeding is filed, and they must take an oath to assess the amount of adequate compensation fairly, impartially, and according to the law. The special commissioners are not legally authorized to decide whether the condemnation is necessary or if the public use is proper. Their role is limited to assessing adequate compensation for you. After being appointed, the special commissioners must schedule a hearing at the earliest practical time and place. The special commissioners are also required to give you written notice of the condemnation hearing. You are. required to provide the condemning entity any appraisal reports that were used to determine your claim about adequate compensation for the condemned property. Under anew law enacted in 2011, landowners' appraisal reports must be provided to the condemning entity either ten days after the landowner receives the report or three business days before the special commissioners' hearing - whichever is earlier. You may hire an appraiser or real estate professional to help you determine the value of your private property. Additionally, you can hire an attorney to represent you during condemnation proceedings. At the condemnation hearing, the special commissioners will consider your evidence on the value of your condemned property, the damages to remaining property, any value added to the remaining property as a result of the condemnation, and the condemning entity's proposed use of your condemned property. SPECIAL IAA cCOMMISSION RS AWARD After hearing evidence from all interested parties, the special commissioners will determine the amount of money that you should be awarded to adequately compensate you for your property. The special commissioners' decision is significant to you not only because it determines the amount that qualifies as adequate compensation, but also because it impacts who pays for the cost of the condemnation proceedings. Under the Texas Property Code, if the special commissioners' award is less than or equal to the amount the condemning entity offered to pay before the proceedings began, then you maybe financially responsible for the cost of the condemnation proceedings. However, if the special commissioners' award is more than the condemning entity offered to pay before the proceedings began, then the condemning entity will be responsible for the costs associated with the proceedings. The special commissioners are required to provide the court that appointed them a written decision. That decision is called the "Award." The Award must be filed with the court and the court must send written notice of the Award to all parties. After the Award is filed, the condemning entity may take possession of the property being condemned, even if either party appeals the Award of the special commissioners. To take possession of the property, the condemning entity must either pay the amount of the Award or deposit the amount of the Award into the court's registry. You have the right to withdraw funds that are deposited into the registry of the court. OBJECTION TO THE SPECIAL COMMff SSIICNERS AWARD If either the landowner or the condemning entity is dissatisfied with the amount of the Award, either party can formally object to the Award. In order to successfully make this valuation objection, it must be filed in writing with the court. If neither party timely objects to the special commissioners' Award, the court will-adopt the Award as the final judgment of the court. If a party timely objects to the special commissioners' Award, the court will hear the case in the same manner that other civil cases are heard. Landowners who object to the Award and ask the court to hear the matter have the right to a trial and can elect whether to have the case decided by a judge or jury. The allocation of any trial costs is decided in the same manner that costs are allocated with the special commissioners' Award. After trial, either party may appeal any judgment entered by the court. DISMISSAL'OF THE CONDEMNATION ACTION A condemning entity may file a motion to dismiss the condemnation proceeding if it decides it no longer needs your condemned property. If the court grants the motion to dismiss, the case is over and you are entitled to recover reasonable and necessary fees for attorneys, appraisers, photographers, and for other expenses incurred to the date of the hearing on the motion to dismiss. If you wish to challenge the condemning entitys authority to take your property, you can lodge that challenge by filing a motion to dismiss the condemnation proceeding. Such a motion to dismiss would allege that the condemning entity did not have the right to condemn your property. For example, a landowner could challenge the condemning entity's claim that it seeks to take the property for a public use. If the court grants the landowner's motion, the court may award the landowner reasonable and necessary fees for attorneys, appraisers, photographers, and for other expenses incurred to the date of the hearing or judgment. RELOCATION COSTS If you are displaced from your residence or place of business, you may be entitled to reimbursement for reasonable expenses incurred while moving personal property from the residence or relocating the business to a new site. However, during condemnation proceedings, reimbursement for relocation costs may not be available if those costs are separately recoverable under another law. Texas law limits the total amount of available relocation costs to the market value of the property being moved. Further, the law provides that moving costs are limited to the amount that a move would cost if it were within 50 miles. RECLAMATION OPTIONS If private property was condemned by a governmental entity, and the public use for which the property was acquired is canceled before that property is used for that public purpose, no actual progress is made toward the public use within ten years or the property becomes unnecessary for public use within ten years, landowners may have the right to repurchase the property for the price paid to the owner by the entity at the time the entity acquired the property through eminent domain. DISCLAIMED The information in this statement is intended to be a summary of the applicable portions of Texas state law as required by HB 1495, enacted by the 80th Texas Legislature, Regular Session. This statement is not legal advice and is not a substitute for legal counsel. ADDITIONAL RESOURCES Further information regarding the procedures, timelines and requirements outlined in this document can be found in Chapter 21 of the Texas Property Code. REV 03/12 Form I W-9 Request for Taxpayer . Give Form to the (Rev. December 2011) Identification Number and Certification requester. Do not Department of the Treasury send to the IRS. Internal Revenue Service Name (as shown on your income tax return) TIN on page 3. Business name /disregarded entity name, if different from above Employer identification number N F—F-1 m C CU ° Check appropriate box for federal tax classification: c El Individual /sole proprietor El C Corporation El corporation El Partnership El Trustlestate N Q O ❑Exempt payee Limited liability company. Enter the tax classification (C=C corporation, S=S corporation, P= partnership) t .p'", ❑ Other (see instructions) ll� = Address (number, street, and apt. or suite no.) Requester's name and address (optional) d a City, state, and ZIP code CO List account number(s) here (optional) Identification Number Enter your TIN in the appropriate box. The TIN provided must match the name given on the "Name" line I Social.security number to avoid backup withholding. For individuals, this is your social security number (SSN). However, for a resident alien, sole proprietor, or disregarded entity, see the Part I instructions on page 3. For other FM - m – entities, it is your employer identification number (EIN). If you do not have a number, see How to get a TIN on page 3. Note. If the account is in more than one name, see the chart on page 4 for guidelines on whose Employer identification number number to enter. F—F-1 Certification Under penalties of perjury, I certify that: 1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me), and 2. 1 am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding, and 3. 1 am a U.S. citizen or other U.S. person (defined below). Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and generally, payments other than interest and dividends, you are not required to sign the certification, but you must provide your correct TIN. See the instructions on page 4. Sign Signature of Here U.S. person D Date ll� General Instructions Section references are to the Internal Revenue Code unless otherwise noted. Purpose of Form A person who is required to file an information return with the IRS must obtain your correct taxpayer identification number (TIN) to report, for example, income paid to you, real estate transactions, mortgage interest you paid, acquisition or abandonment of secured property, cancellation of debt, or contributions you made to an IRA. Use Form W -9 only if you are a U.S. person (including a resident alien), to provide your correct TIN to the person requesting it (the requester) and, when applicable, to: 1. Certify that the TIN you are giving is correct (or you are waiting for a number to be issued), 2. Certify that you are not subject to backup withholding, or 3. Claim exemption from backup withholding if you are a U.S. exempt payee. If applicable, you are also certifying that as a U.S. person, your allocable share of any partnership income from a U.S. trade or business is not subject to the withholding tax on foreign partners' share of effectively connected income. Note. If a requester gives you a form other than Form W -9 to request your TIN, you must use the requester's form if it is substantially similar to this Form W -9. Definition of a U.S. person. For federal tax purposes, you are considered a U.S. person if you are: • An individual who is a U.S. citizen or U.S. resident alien, • A partnership, corporation, company, or association created or organized in the United States or under the laws of the United States, • An estate (other than a foreign estate), or • A domestic trust (as defined in Regulations section 301.7701 -7). Special rules for partnerships. Partnerships that conduct a trade or business in the United States are generally required to pay a withholding tax on any foreign partners' share of income from such business. Further, in certain cases where a Form W -9 has not been received, a partnership is required to presume that a partner is a foreign person, and pay the withholding tax. Therefore, if you are a U.S. person that is a partner in a partnership conducting a trade or business in the United States, provide Form W -9 to the partnership to establish your U.S. status and avoid withholding on your share of partnership income. Cat. No. 10231X Form W -9 (Rev. 12 -2011) 11/20/204 RE: [ExmmaU Re: SpedaLyv Robert Galindo RE: [External] Re: Special-Warr-Deed-city-of-schertz.doc>,4 Tue11/25/2Ol4Q:40AM Inbnx From: Robert Galindo [mailto: RGalindo@schert.com] Sent: Friday, November 21, 2014 6:01 PM To: Connie Fre;isier t3 11/26/2014 RE: [External] Re: Special—Warr—Deed—city_pf_schertz.docx - Robert Galindo Subject: Re: [External] Re: Special—Warr—Deed—city_pf_schertz.docx Thank You Robert Galindo Assistant Finance Director City of Schertz Phone 210-619-1146 Fax 210-619-1149 From: Connie Freasier <Connie. Freasier@ LCRA.ORG> Sent: Friday, November 21, 2014 5:22 PM To: Robert Galindo Subject: RE: [External] Re: Special—Warr—Deed_city_of—schertz.docx Raw, I will get you a project clescription/purpose/need first thing on Monday. I will work on it this weekend. Also, I will be happy to attend the Dec. 9 council meeting to answer any possible questions. When the agenda is prepared, please send me a copy and also the location of the meeting. Looking forward to meeting you. From: Robert Galindo [mailto: RGalindo@schertz.com] Sent: Friday, November 21, 2014 5:08 PIVI To: Connie Freasier Subject: [External] Re: Special—Warr—Deed—city—of—schertz.docx Thank You Connie, also to assist clecribe the project on the council presentation can you send us a brief description of the project. If needed wold you be available on Dec 9 for our council meeting in case of any questions? We may not need you to show up but in case there are questions I am not a project manager for electric transmission lines and probably wouldn't be as eloquent on the describing the project and importance of completing this project to serve our community. Robert Galindo Assistant Finance Director https://outlook.office365.com/owa/projection.aspx 213 11/20/204 RE: [ExmmaU Re: SpedaLyv Robert Galindo City OfSCh2rtz Phone 210-619-1146 Fax 210-619-1149 From: Connie Freasier Sent: Friday, November 21,20144:09PM To: Robert Galindo Subject: 3pede| VVarr_Oeed_c chertz.docx I have incorporated the changes that Connie requested. My attorney approved them without changes. The Deed is attached. Thanks for your help in this matter and have a great weekend. 3/3 11/26/2014 RE: [External] E.C. Morhinweg to Parkway Transmission Line... - Robert Galindo RE: [External] Morhinweg to Parkway Transmission Line Project, Lot 15, Block 54, Live Oak Hills Subdivision ThU 11/20/2014 3:30 PM moms Thanks for setting the conference call between you, me and Connie Lock. I think we have resolved all the issues we discussed. This email will serve as an LCRA counter offer to our original $7,5000.00 offer. The new offer for Lot 5, Block 54, Live Oak Subdivision, Guadalupe County, Texas is $10,000.00. Also, I have attached a map that shows an aerial location of the subject tract. It is the one outlined in red. Please let me know if there is anything else you need to have this process go smoothly. Thanks for your help in this matter, From: Robert Galindo [mailto: RGalindo@schertz.com] Sent: Thursday, November 20, 2014 2:10 PM To: Connie Freasier Subject: Re: [External] E.C. Morhinweg to Parkway Transmission Line Project, Lot 15, Block 54, Live Oak Hills Subdivision Connie, I will do a conference call from my phone to you at 2:30. Thank You Robert Galindo Assistant Finance Director City of Schertz https://outlook.office365.com/owa/projection.aspx 1/3 11/26/2014 RE: [External] E.C. Morhinweg to Parkway Transmission Line... - Robert Galindo Phone 210-619-1146 Fax 210-619-1149 From: Connie Freasier <Connie. Freasier@1CRA.ORG> Sent: Thursday, November 20, 2014 1:03 PM To: Robert Galindo Subject: RE: [External] E.C. Morhinweg to Parkway Transmission Line Project, Lot 15, Block 54, Live Oak Hills Subdivision I returned your call but it went to voicemail. I can be available to talk to your attorney at 2:30 today. I will be in my office so please have him call (512) 478-4585. Thanks Robert, j X.- Sent: Thursday, November 20, 2014 12:42 PM To: Conv e,7se-r-- Cc: connie.lock@rampage-sa.com Subject: Re: [External] E.C. Morhinweg to Parkway Transmission Line Project, Lot 15, Block 54, Live Oak Hills Subdivision Hello Connie, I am working on getting this to Council for approval as fast as possible but had a couple of questions/requests: I checked the property on the county appraisals website and it is valued at $9,207? Under local government code chapter 272, it says the political subdivision would have to get an appraisal. So we may have to get an appraisal per the local government code. If you are available for a conference call with our attorney at 2:30 or tomorrow at 9 a.m. Let me know what time is best for you. https://outlook.office365.com/owa/projection.aspx 213 11/20/204 RE: [Extema0E.C.wmmnwve^n Parkway Transmission Uma' Robert Galindo Assistant Finance Director City of Schertz Phone 210-619-1146 Fax 210-619-1149 From: Connie Freasier Sent: Wednesday, November 19,2O141O:51AK4 To: Robert Galindo Subject: RE: [External] E.C. K4orhinvvegto Parkway Transmission Line Project, Lot 15, Block 54, Live Oak Hills Subdivision Sent: Tuesday, November 18, 2014 9:09 AM To: Connie Freasier Subject: [External] E.C. Morhinweg to Parkway Transmission Line Project, Lot 15, Block 54, Live Oak Hills Subdivision Hello Ms. Freasier, it was a pleasure to meet with you by phone earlier today. Attached i5 the response that I mentioned to you. I will get you the Park Master Plan as per your request. Thank You Robert Galindo Assistant Finance Director City OfSCh8r1z Phone 210-619-1146 Fax 210-619-1149 aq INKE Parcels (City of Schertz) ED Parcels (LCRA) Easement (LCRA) 10"� ExistingTrail Future Trail 1 Inch = 500 Feet Agenda No. 5 CITY COUNCIL MEMORANDUM City Council Meeting: December 9, 2014 Department: Mayor and Council Subject: Resolution No. 1.4 -R -1.00 — Consideration and /or action approving a Resolution adopting a City Council Code of Ethics C• � 1 At the City Council meeting of November 18, 2014, City Council discussed the draft Code of Ethics. At that meeting City Attorney Connie Lock suggested two changes to the draft Code of Ethics. First, with regard to the Section entitled "Procedure for Conducting Inquiries," she stated that any time there is an investigation of a City Council member, the City should hire outside counsel . to investigate this matter to avoid ethical conflicts and the perception that the City Attorney may be biased in such investigation. Second, the City Attorney suggested revising the Sections entitled "Correction" and "Censure" under "Enforcement of Violations," which state that if a Councilmember is being disciplined or censured such hearing should take place in executive session. These sections should be amended to state that such discipline or censure should be held in accordance with the Open Meeting Act. This change allows the meetings to be held in executive session unless the Councilmember requests a public hearing. In addition, with respect to the Section entitled "Procedure for Conducting Inquiries," Councilmember Duke asked if a Councilmember has the ability to defend himself if such Councilmember is the subject of an inquiry. City Manager John Kessel stated 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. The Code of Ethics has been revised to allow a Councilmember to provide a written response to the findings of an inquiry into that Councilmember. FISCAL IMPACT None ' t 1• � I Staff recommends Council review the updated draft Code of Ethics and approve Resolution No. 14 -R -100 ATTACHMENT City Council Memorandum Page 2 Resolution No. 14-R-100 RESOLUTION NO. 14 -R -100 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS ADOPTING THE CITY COUNCIL CODE OF ETHICS AND OTHER MATTERS IN CONNECTION THEREWITH WHEREAS, the City staff of the City of Schertz (the "City ") has recommended that the City Council adopt a Code of Ethics; WHEREAS, the purpose of the Code of Ethics is to allow for (i) transparent and accountable governance; (ii) honest, fair, and respectful dealings among fellow City Council members, City staff, and the community; (iii) collaboration among City Council members, City staff, and the community to deliver the best outcomes for the long -term interests of the City; and (iv) enhanced trust and confidence in the City Council; and WHEREAS, the City Council has determined that it is in the best interest of the City to adopt the Code of Ethics. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS THAT: Section 1. The City Council hereby adopts the City Council Code of Ethics, attached hereto as Exhibit A. Section 2. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Resolution for all purposes and are adopted as a part of the judgment and findings of the City Council. Section 3. All resolutions, or parts thereof, which are in conflict or inconsistent with any provision of this Resolution are hereby repealed to the extent of such conflict, and the provisions of this Resolution shall be and remain controlling as to the matters resolved herein. Section 4. This Resolution shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 5. If any provision of this Resolution or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Resolution and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City Council hereby declares that this Resolution would have been enacted without such invalid provision. Section 6. It is officially found, determined, and declared that the meeting at which this Resolution is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Resolution, was given, all as required by Chapter 551, Texas Government Code, as amended. Section 7. This Resolution shall be in force and effect from and after its final passage, and it is so resolved. PASSED AND ADOPTED, this 9th day of December, 2014. City Secretary, Brenda Dennis (CITY SEAL) CITY OF SCHERTZ, TEXAS Mayor, Michael R. Carpenter -2- EXHIBIT A A -1 r44--.01,111111, 4w , City Council Code of Ethics 11 -18 -12 DRAFT AF# 12- 02.141)C2AF ,_ Introduction The City Council Code of Ethics (the "Codes ") aapply a LicE, only to the members of the City Council: the Mayor, the Mayor Pro -Tem and the other City Council members. Furthermore, all provisions of the Codes apply equally to the Mayor, Mayor Pro -Tem and City Council members, who must follow the content of the Codes as well as the spirit. It is the policy of the City Council that all of its men is also the policy of the City Council that all of its forth in the City Charter and all City ordinances and 1 Purpose By adopting these Codes, Council members commit to: • transparent and accountable governance; • honest, fair and respectful dealings with fella wider community; and • working together to deliver the best outcomes ft These standards, Council policies,; the City Council Limitations The Codes are inten City Charter or to ex Article III, Section Nothing: in the Codes Procedure 1. with the ante from ill abide by federal and state law. It -s shall abide by the provisions set including the Codes. City staff, and the the long -term interests of the City. Council members to abide by at public trust and confidence in - xplain or otherwise clarify the articles set forth in the c right given to the City Council in the City Charter in IV, Section 4.08, to exercise its governmental powers. tradict or supersede the City Charter or state law. a. City boards, committees and commissions are formed in order to provide independent recommendations to Council and, in the case of some commissions, to conduct hearings in order to make determinations, which may or may not be subject to appeal to the Council. 2. Council Members Serving as Council Liaisons a. A Council liaison is a Council member who is specifically assigned to be the liaison between the City Council and a board, committee or commission. The primary role of the liaison is that of facilitator of communications between the Page I r44--.01,111111, 4w , 11 -18 -12 DRAFT AF# 12- 02.141)C2AF7, board, committee or commission and the Council. A Council member who is appointed to sit as a member of a board, committee or commission is not a liaison for purposes of this policy. b. A Council liaison shall facilitate communications between the board, committee or commission and the Council. The liaison should not be an advocate for the board, committee or commission, give direction to a board, committee or commission or influence a decision of a board, committee or commission. The liaison may, however, assist and provide guidance to a board, committee or commission with their work plans or agendas. c. A Council Liaison Acts as the: i. Spokesperson on behalf of the Council when so directed by the Council. ii. Contact person, if the board, committee or commission (or an individual board, committee or commission member) wants such a channel of communication. iii. Council representative present to identify procedural and structural issues relating to the effective functioning of the board, committee or d. i. Attendance is discretionary with the Council member. Attendance as a liaison at a board, committee or commission meetings is not required. ii. Liaisons small have no vote on the board, committee or commission. iii. Liaison attendance at board, committee or commission retreats is discouraged unless attendance is requested by the board, committee or commission. iv. Liaisons do not have a right to be in attendance at board, committee or commission executive sessions and shall abstain from attending such executive sessions unless invited to attend by the collective board, committee or commission. Ethical Conduct Rules 1. Ethical Conduct Rules for all City Council Members a. During City Council meetings, City Council members shall assist in preserving order and decorum and shall neither by conversation or otherwise delay or interrupt the proceedings nor refuse to obey the orders of the presiding officer or the rules of the City Council. Page 2 r44--.01,111111, 4w , 11 -18 -12 DRAFT AF# 12- 02.141)C2AF7, b. During City Council meetings, a City Council member desiring to speak shall address the chair and, upon recognition by the presiding officer, shall confine discussion to the question under debate, avoid discussion of personalities and indecorous language, and refrain from personal attacks and verbal abuse. c. During City Council meetings, a City Council member desiring to question the administrative staff shall address questions to the City Manager, who shall be entitled either to answer the question(s) or designate a member of City staff. Such designation may occur at any time, including prior to a City Council meeting. City Council members shall not berate nor admonish staff members. d. During City Council meetir be interrupted while speak raise a point of order, pro+ yield to questions from any order while speaking, that question of order is deter permitted to proceed. If rul( make additional remarks so a City Council member, once recognized, shall not unless called to order by the presiding officer, to lure or privilege, or unless the speaker chooses to ier member. If a City Council member is called to iember shall cease speaking immediately until the led. If rules( to be in order, the member shall be to be not in order, the member shall remain silent or to comply with rules of the City Council. e. t)urmg t�ity ,Louneit meetnn questions to the particular in confine their remarks to the issi icil meetings, ncil members ,e been heard. City Council members shall confine their rs before the assembly, and in debate, shall before the City Council. when there is more than one speaker on the same will delay their comments until after all speakers shall clearly state when he /she has been directed by Council to )f the City Council at the meeting of any board, committee or other commentary offered before a board, committee or °med to be the personal opinion of the Council member. It. Council members shall not speak on behalf of the Council at any place or time unless they have been so directed by the body of the City Council. Any commentary offered at any time, in public or otherwise, is deemed to be the personal opinion of the City Council member speaking. Page 3 r44--.01,111111, 4_ " 77 1 w , 2. 11-18-14 DRAFT AF# 12- 02.141)C2AF7, i. Council members shall not speak to any board, committee or commission member on any matter that may come before the Council in a manner designed to influence the member. j. No Council member shall privately lobby any member outside of the meetings in an attempt to influence his or her individual vote. k. Any Council member who has testified on his or her own behalf or as a witness before a board, committee or commission on any administrative action which then comes to Council is disqualified from participating as a Council member on the matter only if there is a legal conflict of interest. ifidentiality of Information Shared in Executive Session a. Council members shall keep all matters discussed . in executive session confidential. b. Any Council member who shares any part or portion of the discussions, discourse, presentations or information heard or presented during an executive session shall be deemed to have violated the Codes. 3. Individual Members of C uncil, acting as a body, is permitted to provide direction and City Manager, City Secretary, City Attorney or the City Judge ling any matter confronting the City, whether policy - related or uncil (specifically including the Mayor, the Mayor Pro -Tern and incil members) shall, at any time, give individual instruction to, policy for, or make any demand of the City Manager, City Secretary, City Attorney or the City Judge (or Judges) or any member of staff. c. No member of Council shall attempt to influence the City Manager, City Secretary, City Attorney, City Judge (or Judges) or any member of staff to circumvent City rules, policies or ordinances. Page 4 r44--.01,111111, 4w , 11 -18 -12 DRAFT AF# 12- 02.141)C2AF7, d. Any member of Council may, of course, at any time, make requests of the City Manager, City Secretary, City Attorney or the City Judge (or Judges) or any member of staff for information, assistance, or other help as may be necessary, so long as no orders, threats, promises, intimidations, or ultimatums, explicit or implicit, are issued. e. The single exception to this rule is that in times of emergency lawfully declared by the Mayor, the Mayor may act independently as to matters of urgent need until a meeting of the Council, in quorum, can be called. £ Any member of Council giving individual instruction or making a demand of the City Manager, City Secretary, City Attorney or the City Judge (or Judges) or any member of staff, with the exception of ,times of emergency lawfully declared by the Mayor, during which time the iMayor may act independently until a meeting of the Council, in quorum, can be called, shall be deemed to have violated the Codes. Violations 1. Violation of the a. Council b. Any Co Codes. 2.. Violations of Pi a. Council Charter. b. Anv Co are exrected to abide by the Codes at all times. not adhering to the Codes shall be in violation of said expected to abide by the articles set forth in the City ember who acts in violation of or in a manner inconsistent with the the City Charter shall be deemed to have violated the Codes. Page 5 CITY 11 -18 -14 DRAFT 12 -02_ IMF 1)CZAF7, 3. Violations of Law or Policy by Council Members Depending on the circumstances of alleged violations of 'law or policy, the Council may initiate an investigation of the allegations prior to the filing of a request for any of the actions described in this policy. Nothing in this policy shall preclude individual Council members from making public statements regarding such alleged conduct. In deciding whether or not to open an in pursuant to Article IV, Section 4.10 of the a. whether a Council investigation may coml the same alleged actions, and, if the ae9 whether the right of the accused Council compromised by proceeding with an investi b. if persons involved in the right against self- incrimin present a full picture of all c. now to ensu policy, those the acusatio At any paint during the matter, as appro the Texas Electioi investigation. Follo) chooses to take undo Reporting Violations the (whether pursuant to these rules or ;r), City Council should consider: other investigations regarding y result in criminal charges, r to a fair jury trial may be choose to exercise their constitutional iy limit the investigation's ability to accused of violations of law or who have infonnation regarding ny of the processes, described in this policy, the Council may refer -fate, to the Bexar, Comal or Guadalupe County District Attorney, Commission, or to another law enforcement agency, for ng such a referral, the Council may proceed with any actions it the provisions of the City Charter. Any suspected violation or alleged violation by a Council member must be reported to the Mayor. Any suspected violation or alleged violation by the Mayor shall be reported to the Mayor Pro -Tem and the City Attorney. In the case of a City staff member making the report regarding a Council member, the report shall be made to the City Manager, who will then report it to the Mayor. Upon report, the City Manager and City Attorney will assist the Mayor (or the Mayor Pro -Tem regarding a report concerning the Mayor) in following the procedures addressing violations or alleged violations. Page 6 C%3'Y,��,•, 11 -18 -14 DRAFT 12 -02_ IMF 1)CZAF7, Procedure for Conducting Inquiries The role of leading an inquiry of any Council member for any violation or alleged violation of this policy lies with the Mayor, Mayor Pro -Tem, and - -4he i - -AtRwney,�jf'1hp, t vc_d %y C ulcil, -a � in -p nc prat a��tc�rnc c g i i tipat�?r, .If the Mayor is the subject of an inquiry, the Mayor Pro -Tem, or the next ranking official by seniority and1� iorny will 1�ih in nay. Wit' ?l,ro c, y t �� c;i , a ira: oral pt < ��a» sj m c5ti a iL)iL i(i lead the 'n jai All Council members who are not the inquiry process regarding violations or Enforcement of Violations The members of City Cou enforcement of any violatio pertaining to this policy is tt of enforcement against viol, may be progressive, but cir Furthermore, Council is not decisions on a case -by -case the disciplinary steps lister circumstances under review, City Council members may • Cautioning of this of this City 'Cour T, or may a right to participate in the rir subsequent enforcement.__ gation to govern themselves responsibly in the ie+ objective for establishing rules of enforcement ,stent, concise, and efficient guidelines for the use 1. As a general matter, enforcement of this policy idicate that strong actions be taken immediately. ,ement guidelines of this policy, and should make il, as a collective body, may change the order of choose not to use any step, depending on the any appropriate disciplinary action including, but not limited to: • Cautioning is identified as a verbal reprimand due to a violation of the policy. The cautioning is only a verbal reprimand and shall not be recorded. • A cautioning shall only be administered in private by the Mayor with only one (1) member of Council present. If the Mayor is receiving the cautioning, it shall be administered in private by the Mayor Pro -Tem with only one (1) member of Council present. • Correction o Correction is identified as a verbal reprimand due to multiple policy violations. Page 7 r44--.01,111111, 4w , 11 -18 -12 DRAFT 12- 02.141)C2AF7, The correction of any Council member, including the Mayor, will not be administered in writing and shall be conducted piatera l;xccuii ,- insi ac;cot -dance witty the %-1i acn, N,ic:eti 5 Ac.t. o A quorum of Council plus one (1), including the corrected Council member, shall be present during the correction of another Council member. o The City Attorney shall be notified of the correction before the correction is administered and the City Attorney shall be present during the administration of the correction. • Censure • The act of placing a Council reprimand of a City Council in and /or serious infractions aga City Council Members who at good standing' with the body c • The censure of any Council in in writing. • Censure may last up to sixty (6 on a case by case basis. • At the end of the censure P 0 0 nember under censure is an official and public nber by the body of the City Council for multiple st the City Council Code of Ethics. Therefore, placed under censure are considered to be `not in the Mavor. shall be administered appropriately defined by City Council has expired and shall not be return to a good standing status nay determine to end the censure period of a lesion of said period at their discretion. conducted in the t av% it ci ...C.ity Because censures are administered in writing, a censure must be publicly voted on in open session of City Council. The censure of any Council member must be passed by a 2/3 supermajority vote. Page 8 CITE' UD City Council Code of Ethics I 1- 18-14 DR,4.1' T 12-02-14 DRAFT Introduction The City Council Code of Ethics (the "Codes ") applies only to the members of the City Council: the Mayor, the Mayor Pro -Tem and the other City Council members. Furthermore, all provisions of the Codes apply equally to the Mayor, Mayor Pro -Tem and City Council members, who must follow the content of the Codes as well as the spirit. It is the policy of the City Council that all of its men is also the policy of the City Council that all of its forth in the City Charter and all City ordinances and I Purpose By adopting these Codes, Council members! • transparent and accountable governa • honest, fair and respectful dealings wider community; and • working together to deliver the best c These standards, together with the Council policies, as they change from the City Council is enhanced, Limitations The Codes to: call abide by federal and state law. It -rs shall abide by the provisions set , including the Codes. , City staff, and the the long -term interests of the City. Council members to abide by at public trust and confidence in or otherwise clarify the articles set forth in the given to the City Council in the City Charter in Article III, Section 3.41 and Article IV, Section 4.08, to exercise its governmental powers. Nothing in the Codes is intended to contradict or supersede the City Charter or state law. Procedure 1. Council Member and Board. Committee or Commission Member Interactions a. City beards, committees and commissions are formed in order to provide independent recommendations to Council and, in the case of some commissions, to conduct hearings in order to make determinations, which may or may not be subject to appeal to the Council. 2. Council Members Serving as Council Liaisons a. A Council liaison is a Council member who is specifically assigned to be the liaison between the City Council and a board, committee or commission. The primary role of the liaison is that of facilitator of communications between the Page 1 CITY I 1- 18- 14 DR41' T 12-02-14 DRAFT board, committee or commission and the Council. A Council member who is appointed to sit as a member of a board, committee or commission is not a liaison for purposes of this policy. b. A Council liaison shall facilitate communications between the board, committee or commission and the Council. The liaison should not be an advocate for the board, committee or commission, give direction to a board, committee or commission or influence a decision of a board, committee or commission. The liaison may, however, assist and provide guidance to a board, committee or commission with their work plans or agendas. c. A Council Liaison Acts as the: i. Spokesperson on behalf of the Council when so directed by the Council. ii. Contact person, if the board, committee or commission (or an individual board, committee or commission member) wants such a channel of communication. iii. Council representative present to identify procedural and structural issues relating to the effective functioning of the board, committee or commission for Council. d. Council Liaison Participation Expectations: i. Attendance is discretionary with the Council member. Attendance as a liaison at a board, committee or commission meetings is not required. ii. Liaisons shall have no vote on the board, committee or commission. iii. Liaison attendance at board, committee or commission retreats is discouraged unless attendance is requested by the board, committee or iv. Liaisons do not have a right to be in attendance at board, committee or commission executive sessions and shall abstain from attending such executive sessions unless invited to attend by the collective board, committee or commission. Ethical Conduct Rules 1. Ethical Conduct Rules for all City Council Members a. During City Council meetings, City Council members shall assist in preserving order and decorum and shall neither by conversation or otherwise delay or interrupt the proceedings nor refuse to obey the orders of the presiding officer or the rules of the City Council. Page 2 I 1- 18- 14 DR41' T 12-02-14 DRAFT board, committee or commission and the Council. A Council member who is appointed to sit as a member of a board, committee or commission is not a liaison for purposes of this policy. b. A Council liaison shall facilitate communications between the board, committee or commission and the Council. The liaison should not be an advocate for the board, committee or commission, give direction to a board, committee or commission or influence a decision of a board, committee or commission. The liaison may, however, assist and provide guidance to a board, committee or commission with their work plans or agendas. c. A Council Liaison Acts as the: i. Spokesperson on behalf of the Council when so directed by the Council. ii. Contact person, if the board, committee or commission (or an individual board, committee or commission member) wants such a channel of communication. iii. Council representative present to identify procedural and structural issues relating to the effective functioning of the board, committee or commission for Council. d. Council Liaison Participation Expectations: i. Attendance is discretionary with the Council member. Attendance as a liaison at a board, committee or commission meetings is not required. ii. Liaisons shall have no vote on the board, committee or commission. iii. Liaison attendance at board, committee or commission retreats is discouraged unless attendance is requested by the board, committee or iv. Liaisons do not have a right to be in attendance at board, committee or commission executive sessions and shall abstain from attending such executive sessions unless invited to attend by the collective board, committee or commission. Ethical Conduct Rules 1. Ethical Conduct Rules for all City Council Members a. During City Council meetings, City Council members shall assist in preserving order and decorum and shall neither by conversation or otherwise delay or interrupt the proceedings nor refuse to obey the orders of the presiding officer or the rules of the City Council. Page 2 CITE' I 1- 18- 14 DR,4.1' T 12-02-14 DRAFT b. During City Council meetings, a City Council member desiring to speak shall address the chair and, upon recognition by the presiding officer, shall confine discussion to the question under debate, avoid discussion of personalities and indecorous language, and refrain from personal attacks and verbal abuse. c. During City Council meetings, a City Council member desiring to question the administrative staff shall address questions to the City Manager, who shall be entitled either to answer the question(s) or designate a member of City staff. Such designation may occur at any time, including prior to a City Council meeting. City Council members shall not berate nor admonish staff members. d. During City Council meetings, a, City 'Council member, once recognized, shall not be interrupted while speaking unless called to order by the presiding officer, to raise a point of order, procedure or privilege, or unless the speaker chooses to yield to questions from another member. If a City Council member is called to order while speaking, that member shall cease speaking immediately until the ra question of ord permitted to pro make additional their ned. If ruled to be in order, the member shall be to be not in order, the member shall remain silent or to comply with rules of the City Council. 1 meetings, City Council members shall confine their .icular matters before the assembly, and in debate, shall . to the issues before the City Council. when there is more than one speaker on the same will delay their comments until after all speakers heard. shall clearly state when he /she has been directed by Council to )f the City Council at the meeting of any board, committee or other commentary offered before a board, committee or -med to be the personal opinion of the Council member. h. Council members shall not speak on behalf of the Council at any place or time unless they have been so directed by the body of the City Council. Any commentary offered at any time, in public or otherwise, is deemed to be the personal opinion of the City Council member speaking. Page 3 I 1- 18- 14 DR,4.1' T 12-02-14 DRAFT b. During City Council meetings, a City Council member desiring to speak shall address the chair and, upon recognition by the presiding officer, shall confine discussion to the question under debate, avoid discussion of personalities and indecorous language, and refrain from personal attacks and verbal abuse. c. During City Council meetings, a City Council member desiring to question the administrative staff shall address questions to the City Manager, who shall be entitled either to answer the question(s) or designate a member of City staff. Such designation may occur at any time, including prior to a City Council meeting. City Council members shall not berate nor admonish staff members. d. During City Council meetings, a, City 'Council member, once recognized, shall not be interrupted while speaking unless called to order by the presiding officer, to raise a point of order, procedure or privilege, or unless the speaker chooses to yield to questions from another member. If a City Council member is called to order while speaking, that member shall cease speaking immediately until the ra question of ord permitted to pro make additional their ned. If ruled to be in order, the member shall be to be not in order, the member shall remain silent or to comply with rules of the City Council. 1 meetings, City Council members shall confine their .icular matters before the assembly, and in debate, shall . to the issues before the City Council. when there is more than one speaker on the same will delay their comments until after all speakers heard. shall clearly state when he /she has been directed by Council to )f the City Council at the meeting of any board, committee or other commentary offered before a board, committee or -med to be the personal opinion of the Council member. h. Council members shall not speak on behalf of the Council at any place or time unless they have been so directed by the body of the City Council. Any commentary offered at any time, in public or otherwise, is deemed to be the personal opinion of the City Council member speaking. Page 3 CITE' 2. I 1- 18- 14 DR,4.1' T 12-02-14 DRAFT i. Council members shall not speak to any board, committee or commission member on any matter that may come before the Council in a manner designed to influence the member. j. No Council member shall privately lobby any member outside of the meetings in an attempt to influence his or her individual vote. k. Any Council member who has testified on his or her own behalf or as a witness before a board, committee or commission on any administrative action which then comes to Council is disqualified from participating as a Council member on the matter only if there is a legal conflict of interest. ifidentiality of Information Shared in Executive Session a. Council members shall keepr all matters discussed in executive session confidential. b. Any Council member who shares any part or portion of the discussions, discourse, presentations or information heard or presented during an executive session shall be deemed to have violated the Codes. 3. Individual Members of C uncil, acting as ` a body, is permitted to provide direction and City Manager, City Secretary, City Attorney or the City Judge ling any matter confronting the City, whether policy- related or ,uncil (specifically including the Mayor, the Mayor Pro -Tem and incil members) shall, at any time, give individual instruction to, policy for, or make any demand of the City Manager, City Secretary, City Attorney or the City Judge (or Judges) or any member of staff. c. No member of Council shall attempt to influence the City Manager, City Secretary, City Attorney, City Judge (or Judges) or any member of staff to circumvent City rules, policies or ordinances. Page 4 2. I 1- 18- 14 DR,4.1' T 12-02-14 DRAFT i. Council members shall not speak to any board, committee or commission member on any matter that may come before the Council in a manner designed to influence the member. j. No Council member shall privately lobby any member outside of the meetings in an attempt to influence his or her individual vote. k. Any Council member who has testified on his or her own behalf or as a witness before a board, committee or commission on any administrative action which then comes to Council is disqualified from participating as a Council member on the matter only if there is a legal conflict of interest. ifidentiality of Information Shared in Executive Session a. Council members shall keepr all matters discussed in executive session confidential. b. Any Council member who shares any part or portion of the discussions, discourse, presentations or information heard or presented during an executive session shall be deemed to have violated the Codes. 3. Individual Members of C uncil, acting as ` a body, is permitted to provide direction and City Manager, City Secretary, City Attorney or the City Judge ling any matter confronting the City, whether policy- related or ,uncil (specifically including the Mayor, the Mayor Pro -Tem and incil members) shall, at any time, give individual instruction to, policy for, or make any demand of the City Manager, City Secretary, City Attorney or the City Judge (or Judges) or any member of staff. c. No member of Council shall attempt to influence the City Manager, City Secretary, City Attorney, City Judge (or Judges) or any member of staff to circumvent City rules, policies or ordinances. Page 4 CITE' I 1- 18- 14 DR,4.1' T 12-02-14 DRAFT d. Any member of Council may, of course, at any time, make requests of the City Manager, City Secretary, City Attorney or the City Judge (or Judges) or any member of staff for information, assistance, or other help as may be necessary, so long as no orders, threats, promises, intimidations, or ultimatums, explicit or implicit, are issued. e. The single exception to this rule is that in times of emergency lawfully declared by the Mayor, the Mayor may act independently as to matters of urgent need until a meeting of the Council, in quorum, can be celled. £ Any member of Council giving City Manager, City Secretary, any member of staff, with t declared by the Mayor, during until a meeting of the Council, have violated the Codes. Violations 1. Violation of the Code of Ethic a. Council members are b. Any Council membei Cedes. 2. Violations of Provisions of th a. Council members an Charter. 0 individual instruction or making a demand of the ty Attorney or the City Judge (or Judges) or e exception of times of emergency lawfully which time the Mayor may act independently in quorum, can be called, shall be deemed to Codes at all times. not adhering to the Codes shall be in violation of said expected to abide by the articles set forth in the City ember who acts in violation of or in a manner inconsistent with the the City Charter shall be deemed to have violated the Codes. Page 5 I 1- 18- 14 DR,4.1' T 12-02-14 DRAFT d. Any member of Council may, of course, at any time, make requests of the City Manager, City Secretary, City Attorney or the City Judge (or Judges) or any member of staff for information, assistance, or other help as may be necessary, so long as no orders, threats, promises, intimidations, or ultimatums, explicit or implicit, are issued. e. The single exception to this rule is that in times of emergency lawfully declared by the Mayor, the Mayor may act independently as to matters of urgent need until a meeting of the Council, in quorum, can be celled. £ Any member of Council giving City Manager, City Secretary, any member of staff, with t declared by the Mayor, during until a meeting of the Council, have violated the Codes. Violations 1. Violation of the Code of Ethic a. Council members are b. Any Council membei Cedes. 2. Violations of Provisions of th a. Council members an Charter. 0 individual instruction or making a demand of the ty Attorney or the City Judge (or Judges) or e exception of times of emergency lawfully which time the Mayor may act independently in quorum, can be called, shall be deemed to Codes at all times. not adhering to the Codes shall be in violation of said expected to abide by the articles set forth in the City ember who acts in violation of or in a manner inconsistent with the the City Charter shall be deemed to have violated the Codes. Page 5 Depending on the circumstances of alleged violations of law or policy, the Council may initiate an investigation of the allegations prior to the filing of a request for any of the actions described in this policy. Nothing in this policy shall preclude individual Council members from making public statements regarding such alleged conduct. In deciding whether or not to open an investigation (whether pursuant to these rules or pursuant to Article IV, Section 4.10 of the City Charter), City Council should consider: a. whether a Council invest] the same alleged actions whether the right of the compromised by proceedii b. if persons involved in the right against self incrimir, present a full picture of all ay compromise other investigations regarding the actions may result in criminal charges, 1 Council member to a fair jury trial may be an investigation; .ons may choose to exercise their constitutional xhich may limit the investigation's ability to c. how to ensure the protection of rights of those accused of violations of law or policy, those making such accusations, and those who have information regarding At any point during any of the processes described in this policy, the Council may refer the matter, as appropriate, to the Bexar, Comal or Guadalupe County District Attorney, the Texas Elections Commission, or to another law enforcement agency, for investigation. Following such a referral, the Council may proceed with any actions it chooses to take under the provisions of the City Charter. Reporting Any suspected violation or alleged violation by a Council member must be reported to the Mayor. Any suspected violation or alleged violation by the Mayor shall be reported to the Mayor Pro -Tern and the City Attorney. In the case of a City staff member making the report regarding a Council member, the report shall be made to the City Manager, who will then report it to the Mayor. Upon report, the City Manager and City Attorney will assist the Mayor (or the Mayor Pro -Tern regarding a report concerning the Mayor) in following the procedures addressing violations or alleged violations. Page 6 Procedure for Conducting Inquiries The role of leading an inquiry of any Council member for any violation or alleged violation of this policy lies with the Mayor, Mayor Pro -Tem, and, if approved by Council, an independent attorney or investigator. If the Mayor is the subject of an inquiry, the Mayor Pro-Tern, or the next ranking official by seniority and, if approved by Council, an independent attorney or investigator will lead the inquiry. The City Attorney shall not conduct the investigation of any Council member. All Council members who are not the subject of an inquiry have a right to participate in the inquiry process regarding violations or alleged violations and their subsequent enforcement. Any member of the Council who is the subject of an inquiry shall have the ability to provide a written statement responding to the findings of the inquiry. Enforcement of Violations The members of City Council have the obligation to govern themselves responsibly in the enforcement of any violation of this policy. The objective for establishing rules of enforcement pertaining to this policy is to provide fair, consistent, concise, and efficient guidelines for the use of enforcement against violations of this policy. As a general matter, enforcement of this policy may be progressive, but circumstances may indicate that strong actions be taken immediately. Furthermore, Council is not bound to the enforcement guidelines of this policy, and should make decisions on a case -by -case basis. City Council, as a collective body, may change the order of the disciplinary steps listed below, or may choose not to use any step, depending on the circumstances under review. City Council members may tike any appropriate disciplinary action including, but not limited to: • Cautioning • Cautioning is identified as a verbal reprimand due to a violation of the policy. The cautioning is only a verbal reprimand and shall not be recorded. • A cautioning shall only be administered in private by the Mayor with only one (1) member of Council present. If the Mayor is receiving the cautioning, it shall be administered in private by the Mayor Pro -Tem with only one (1) member of Council present. • Correction o Correction is identified as a verbal reprimand due to multiple policy violations. Page 7 CITE' I 1- 18- 14 DR,4.1' T 12-02-14 DRAFT The correction of any Council member, including the Mayor, will not be administered in writing and shall be conducted in accordance with the Open Meetings Act. • A quorum of Council plus one (1), including the corrected Council member, shall be present during the correction of another Council member. • The City Attorney shall be notified of the correction before the correction is administered and the City Attorney shall be present during the administration of the correction. • Censure • The act of placing a Council member uncle reprimand of a City Council member by the b and/or serious infractions against the City C City Council Members who are placed under good standing' with the body of the Council. • The censure of any Council member, includii in writing. • Censure may last up to sixty (60) days or on a case by case basis. • At the end of the censure period, the censure is an official and public ly of the City Council for multiple ancil Code of Ethics. Therefore, ensure are considered to be `not in the Mavor. shall be administered as appropriately defined by City Council has expired and shall not be • A Council member placed under censure may return to a good standing status once their censure period has ended. • The body of the City Council may determine to end the censure period of a Council member prier to the conclusion of said period at their discretion. • All censure hearings shall be conducted in accordance with the Open. Meetings o Because censures are administered in writing, a censure must be publicly voted on in open session of City Council. The censure of any Council member must be passed by a 2/3 supermajority vote. Page 8 I 1- 18- 14 DR,4.1' T 12-02-14 DRAFT The correction of any Council member, including the Mayor, will not be administered in writing and shall be conducted in accordance with the Open Meetings Act. • A quorum of Council plus one (1), including the corrected Council member, shall be present during the correction of another Council member. • The City Attorney shall be notified of the correction before the correction is administered and the City Attorney shall be present during the administration of the correction. • Censure • The act of placing a Council member uncle reprimand of a City Council member by the b and/or serious infractions against the City C City Council Members who are placed under good standing' with the body of the Council. • The censure of any Council member, includii in writing. • Censure may last up to sixty (60) days or on a case by case basis. • At the end of the censure period, the censure is an official and public ly of the City Council for multiple ancil Code of Ethics. Therefore, ensure are considered to be `not in the Mavor. shall be administered as appropriately defined by City Council has expired and shall not be • A Council member placed under censure may return to a good standing status once their censure period has ended. • The body of the City Council may determine to end the censure period of a Council member prier to the conclusion of said period at their discretion. • All censure hearings shall be conducted in accordance with the Open. Meetings o Because censures are administered in writing, a censure must be publicly voted on in open session of City Council. The censure of any Council member must be passed by a 2/3 supermajority vote. Page 8 ORDINANCE NO. 14-M-46 AN ORDINANCE BY THE CITY OF SCHERTZ AUTHORIZING AMENDED CITY COUNCIL RULES OF CONDUCT AND PROCEDURE; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT WITH THIS ORDINANCE; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City Council of the City of Schertz has previously adopted Rules of Conduct and Procedure for the conduct of meetings of the City Council; and WHEREAS, the. City Council has determined that it is in the best interest of the City to amend, update, and clarify the Rules of Conduct and Procedure as set forth on Exhibit A attached hereto (the "Amended Rules of Conduct and Procedure "); NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS: Section 1. That the City Council Rules of Conduct and Procedure are amended as follows: Section 93 is amended as follows: 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 (3 types). 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 8. to amend no yes yes yes no yes no 9. to limit or close debate or no yes yes yes no no yes "call the question" no yes no 1o. to extend debate no yes yes yes 11, to count the vote no yes no no No ** no no Main Motions if original no no yes no 12, to reconsider y es yes motion was debatable 13, to rescind no yes yes yes no no yes 14. to take action no yes yes yes no Yes * ** no Section 9.14 is hereby amended to read as follows: uncil Motion to Reconsider. Allows a main motion he meeting which the before tot be re ons dered for consideration. May be made only at g City Council member was taken. It may be made by any member of City Council. Any ty 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. Section 9.15 is added to read as follows: 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. Section 9.16 is added to read as follows 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. Section 2. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Ordinance for all purposes and are adopted as a part of the judgment and findings of the Council. Section 3. All ordinances and codes, or parts thereof, which are in conflict or inconsistent with any provision of this Ordinance or the Amended and Restated Unified Development Code authorized herein are hereby repealed to the extent of such conflict, and the provisions of this Ordinance shall be and remain controlling as to the matters resolved herein. Section 4. This Ordinance shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 5. If any provision of this Ordinance or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Ordinance and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City hereby declares that this Ordinance would have been enacted without such invalid provision. Section 6. It is officially found, determined, and declared that the meeting at which this Ordinance is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Ordinance, was given, all as required by Chapter 551, as amended, Texas Government Code. Section 7. This Ordinance shall be effective upon the date of final adoption hereof and any publication required by law. PASSED ON FIRST READING, the 28th day of October, 2014. PASSED, APPROVED and ADOPTED ON SECOND READING, the 12th day of November, 2014. i Mayor, Michael R. Carpenter ATTEST: � r U City Secretary, Brenda Dennis (Seal of City) Exhibit A Amended Rules of Conduct and Procedure CITY OF SCHERTZ CITY COUNCIL RULES OF CONDUCT AND PROCEDURE These Rules of Conduct and Procedure (these uncil meetings. are intended to provide an understandable and workable structure for y C These Rules shall serve to aid the conduct of public business at Council meetings, to facilitate communication at Council meetings among Councilmembers and between Councihnembers 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 demove0 e a vote is on. taken, Recognize that majority view, when minority agree to disagree and 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 Page ARTICLE 1. AUTHORITY 1.1 City Charter ......................................................................................... ............................... l 1.2 Effective Date; Amendment ................................................................ ..............................1 ARTICLE 2. GENERAL RULES 2.1 Meetings to be Public .......................................................................... ............................... l 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 Tern ................................ ............................... 3 5.2 Appointment Procedure for a Councilmember ................................... ............................... 4 10 -28-2014 i TABLE OF CONTENTS (continued) Page ARTICLE 6. ORDER OF BUSINESS 6.1 Agenda ................................................................................................ ............................... 5 6.2 Communication to Mayor and Council ............................................... ............................... 5 6.3 Approval of Minutes .... :.. ...... ..... ....... ..................... .... ......... .... ... . ... ........................... I........ 6 6.4 Presentations by Members of Council ................................................ ............................... 6 6.5 Consent Agenda .................................................................................. ............................... 6 10 -28 -2014 li ARTICLE 7. CONSIDERATION OF ORDINANCES, RESOLUTIONS, AND MOTIONS 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 .................................................. . ................. ... ................... . ....... ........ I ......1........ 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 li 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 halter. 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 other ores presiding officer shall quorum. In the absence of the Mayor, the Mayor Pro Tem p g 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 -2s -2014 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 Employees. 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 93 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 Mayor. 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. 43 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 Councihnembers 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 Mayor. 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 (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 Councibmember 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 g_ 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. 73 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 ffi by presiding ocer. Subject to Section 85, 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 Councihnember 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 -Tem 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 Councihnember 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, 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 yes yes yes no yes no 11, to count the vote no yes no no 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 subj ect 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 914). 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 persons) 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 Councilm.ember. 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 Councihnembers. 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 Agenda No. 6 lei f M40111Ll[e I Ed 1 010 [Q VE110111/lu l City Council Meeting: December 9, 2014 Department: Parks Subject: Ordinance No. 14 -T -49 — An Ordinance by the City Council of the City of Schertz, Texas authorizing a budget adjustment to the Park Fund (31.7) for the Pickrell Park ADA Project. (First Reading) (B. James /K. Woodlee /C. VanZandt) BACKGROUND The City desires to construct 1,740 linear feet of sidewalk within Pickrell Park, with an emergency vehicle access and a passenger loading area, 80 feet long, off of Aero Avenue, and an emergency vehicle access point at the Poplar Street pavilion. Currently, no sidewalks exist in Pickrell Park. On February 19, 2013 Council approved Resolution 13 -R -12 authorizing staff to submit and accept a grant application for funding under the Bexar County CDBG program. The approval authorized staff to propose a 50150 match of up to $61,488.00 for projects that involved readily achievable barrier removal (ADA) at five (5) parks facilities including Pickrell Park, Ashley Park, Woodland Oaks Park, Lone Oak Park, and Crescent Bend Nature Park. The application was submitted on February 26, 2013 and on March 15, 2013; staff received notification from Bexar County that the proposed project met all of the initial criteria for the program. Final approval (with modifications) of the project was received from Bexar County on July 16, 2013. It was determined that only one (1) of the five (5) park facilities met all of the CDBG criteria related to readily achievable barrier removal, ADA compliance, and persons with disabilities population served. For these reasons, Pickrell Park was the only facility that made the final submittal, however; the City was awarded the full amount, $61,488.00 with a requirement to utilize matching funds. Based on this, staff modified the scope of the Pickrell Park proposal (see Pickrell Park Project Graphic), Four bids were received on November 6, 2014. Review and tabulation of the bids indicate that M2 Federal, Inc. is the low bidder with a Base Bid of $112,594 and Additive Alternate 1 Bid of $23,214 with two irregularities. A clerical error by the bidder in the tabulation of the total cost for the project and some unit prices in figures did not match the written unit price. The revised low bid cost is $121,844 with an Additive Alternate 1 of $23,214. Staff concurs with the recommendation from Ford Engineering, Inc. to hire M2 Federal, Inc. with a base bid of $121,844 and an Additive Alternate #1 of $23,214 for a total construction cost $145,058. The base bid is for a 6' wide trail and the additive alternate #1 is to expand the trail to 10' wide. Originally $61,884.00 was budgeted for this project. Given that the Schertz portion of the project cost is $94,289.00 an additional $32,405.00 must be approved for this project. Staff is proposing it be taken from the Parkland Dedication Fund. The total balance in the Fund is $192,12598. It is anticipated t'" i1 this fiscal year for Dog Park, $40,000 r improvements Park (water fountain, _ improvemen at r r .,r till Pickrell Park ADA Walkwav BudLFet Engineering $9,115 Construction $145,058 Legal $500 Advertising $500 Other Prof. Services $1,000 Project Total $156,173 CDBG Grant $ 61,884 City Responsibility $94,289 CDBG requires the City to pay invoices and then submit for reimbursement. The total reimbursement to be received by the CDBG Grant is $61,884. The cost of the project is higher than the 50% match grant from CDBG. The City opted to proceed with Additive Alternate #1 to extend the sidewalk to a wider width. The funds from CDBG will remain the same at $61,884; the City has set aside the matching $61,884 in a project account. The remaining of the monies will be paid from the Parkland :Dedication Fund in the amount of $32,405. Goal Approve Ordinance 14 -T -49 to allocate an additional $32,405 for this project. Community Benefit Greater accessibility to Pickrell Park for mobility - challenged visitors. Summary of Recommended Action Staff recommends Council approve the first reading of Ordinance 14 -T -49 to budget an additional $32,405.00 from the Parkland Dedication Fund (317) for the Pickrell Park ADA Walkway Project. FISCAL IMPACT Construction costs total $145,058 with the total cost of the project totaling $156,173. The project was originally to be funded 50% by the CDBG Grant and 50% from the Parkland Dedication Fund. However, due to decision to exercise the Add Alternate #1, the City will be responsible for an amount not to exceed $94,289 to be paid for from the CDBG Matching Grant Project Account and the Parkland Dedication Fund. CDBG will contribute the remaining $61,884. RECOMMENDATION Staff recommends Council approval of the first reading of Ordinance 14 -T -49. If the reading is approved at this meeting, staff will submit the resolution for awarding the contract to Council on December 16 along with the second reading of this ordinance. ATTACHMENTS Ordinance 14 -T -49 Pickrell Park ADA Plan Exhibit AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING A BUDGET ADJUSTMENT TO THE PARK FUND (317) IN THE AMOUNT OF $32,405.00; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT WITH THIS ORDINANCE; AND PROVIDING AN EFFECTIVE DATE WHEREAS, pursuant to Ordinance 14 -T -42, the City of Schertz (the "City") adopted the budget for the City for the fiscal year 2014 -2015 (the "Budge ), which provides funding for the City's operations throughout the 2014 -2015 fiscal year; and WHEREAS, the City needs to increase the FY 2014 -2015 approved Park Fund 317 budgeted amount by $32,405.00 in order to make up the difference between the original budgeted amount of $61,884.00 for the Pickrell Park ADA Path of Travel Project (through the Bexar County CDBG Program) and the actual cost estimate provided by the low, qualified bidder; and WHEREAS, City staff recommends that the City Council of the City adjust the Budget and approve the increase to Park Fund 317 for FY 2014 -2015; and WHEREAS, the City Council of the City has determined that it is in the best interest of the City to adjust the Budget and increase the funding amount in Park Fund 317 for FY 2014- 2015; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS: Section 1. The City shall adjust the Budget and increase the Park Fund 317 budgeted amount for FY 2014 -2015 by $32,405. Section 2. The table below shows the corrected total for the Park Fund 317 for the FY 2014 -15 Budget: 2014 -2015 Budget Park Fund 317 $92,405 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 Ordinance for all purposes and are adopted as a part of the judgment and findings of the Council. Section 4. All ordinances and codes, or parts thereof, which are in conflict or inconsistent with any provision of this Ordinance are hereby repealed to the extent of such conflict, and the provisions of this Ordinance shall be and remain controlling as to the matters resolved herein. Section 5. This Ordinance 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 Ordinance or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Ordinance and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City hereby declares that this Ordinance would have been enacted without such invalid provision. Section 7. It is officially found, determined, and declared that the meeting at which this Ordinance is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Ordinance, was given, all as required by Chapter 551, as amended, Texas Government Code. Section 8. This Ordinance shall be effective upon the date of final adoption hereof and any publication required by law. PASSED ON FIRST READING, the 9th day of December, 2014. PASSED, APPROVED and ADOPTED ON SECOND READING, the 16th day of December, 2014. CITY OF SCHERTZ, TEXAS Michael Carpenter, Mayor Brenda Dennis, City Secretary (CITY SEAL) 50558021.1 - 2 - Pickrell Park I inch = 80 Feet 0 25 50 100 150 200 250 300 Feet Agenda No. 7 CITY COUNCIL MEMORANDUM City Council Meeting: December 9, 2014 Department: Development Services Subject: Conduct a public hearing to consider and discuss a petition by Cibolo Creek Municipal Authority, for voluntary annexation of 69.111 acres, located on Trainer Hale Road, approximately 1.500 feet north of I -10, all in Bexar County Texas, located at 7720 Trainer Hale Road. (First Public Hearing) In 2010 the City of San Antonio released 3,486 acres of its Extraterritorial Jurisdiction (ETJ) to the City of Schertz. City Council accepted the area into the City of Schertz ETJ and started the annexation proceedings. As part of the annexation proceedings a majority of the parcels located within the released area signed delayed annexation development agreements with the City in accordance with Texas Local Government Code (LGC) Section 43.035 and 212.172. The subject property has an executed delayed annexation development agreement with the City of Schertz. Cibolo Creek Municipal Authority has submitted a petition for voluntary annexation to the City of Schertz for a 69.111 acre tract of land. The subject property is located approximately 1500 feet north of I -10 and is located in Bexar County Texas, located at 7720 Trainer Hale Road. Currently, the subject property is located in the Extraterritorial Jurisdiction (ETJ) of the City of Schertz and located in the Schertz - Cibolo- Universal Independent School District. In accordance with Texas Local Government Code (LGC), The City Council will conduct two (2) public hearings regarding a voluntary petition for annexation on December 9, 2014 and December 16, 2014 at the regular City Council meetings. The first reading regarding of the ordinance for the petition for annexation will be considered on January 6, 2015 and final reading considered on January 13, 2015. A public hearing notice was published in "The Daily Commercial Recorder" on November 26, 2014 and the "Herald" on December 3, 2014 for the two required public hearings. City Council Memorandum Page 2 The subject property, if annexed, will be considered for zoning concurrently with the first and final reading of the Ordinance. The zoning request will encompass the same land contained within the annexation petition. The applicant has requested to zone the subject property Public Use District (PUB) which is intended to identify and provide for land owned or may be owned by the City, County, State or Federal Government or the School District; land that has been dedicated to the City for public use such as parks and recreation, and land designated and dedicated to the City as a greenbelt. On November 1.9, 2014 the Planning and Zoning Commission recommended that the property Goal Cibolo Creek Municipal Authority is requesting voluntary annexation into the City of Schertz because of their desire to be located within the Schertz city limits. Community Benefit To promote the safe, orderly, efficient development and ensure compliance with the City's vision of future growth. Summary of Recommended Action Close the first public hearing. Staff will recommend approval of petition for voluntary annexation. FISCAL IMPACT In accordance with Texas Local Government Code (LGC) Chapter 43 the City must provide services to the land on the effective date of the annexation. While some services are provided to the subject property through interlocal agreement the City of Schertz must provide police protection, fire protection, emergency medical services, operation and maintenance of streets, solid waste collection and sewer service. Water service is provided by Green Valley Special Utility District. RECOMMENDATION Close the first public hearing. Staff will recommend approval of the petition for voluntary annexation. Agenda No. 8 CITY COUNCIL MEMORANDUM City Council Meeting: December 9, 2014 Department: Subject: BACKGROUND Mayor /Council Discussion and possible action regarding the City's Employee Compensation Plan. This item was discussed at the City Council meeting of December 2, 2014. . A presentation was provided by City Manager John Kessel. Mayor Carpenter requested that this item be placed back on the agenda for discussion and possible action. FISCAL IMPACT RM RECOMMENDATION City Council to discuss and act if appropriate.