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02-03-2015 Agenda with backup MEETING AGENDA City Council REGULAR SESSION CITY COUNCIL February 3, 2015,6:00 P.M. HAL BALDWIN MUNICIPAL COMPLEX COUNCIL CHAMBERS 1400 SCHERTZ PARKWAY BUILDING #4 SCHERTZ, TEXAS 78154 Policy Values Economic Prosperity Fiscally Sustainable Family Friendly for All Ages High Quality of Life Safe Community Essential Services Attractive Community Innovative and Proactive Service Oriented Friendly City AGENDA TUESDAY,FEBRUARY 3,2015AT 6:00P.M. Call to Order –City Council Regular Session Invocation and Pledges of Allegiance to the Flags of the United States and State of Texas. (Councilmember Thompson) A. Mayor Pro-Tem Oath of Office –Oath of Office administered to Councilmember Cedric Edwards. (Mayor Carpenter to administer oath) 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 3 no more than 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. 02-03-2015 Council Agenda Discussion by the Council of any item not on the agenda shall be limited to statementsof specific factual information given in response to any inquiry, a recitation of existing policy in response to an inquiry, and/or a proposal to place the item on a future agenda. The presiding officer, during the Hearing of Residents portion of the agenda, will call on those persons who have signed up to speak in the order they have registered. Discussion and Action Items Minutes 1.-Consideration and/or action regarding the approval of the minutes the Regular Meeting of January 27, 2015. (J. Kessel/B. Dennis) Appointments/ Reappointments and Resignations to City Boards, Commissions 2. and Committees –Consideration and/or action regarding resignations and appointments to the Historical Preservation Committee. (Mayor/Council/B. Dennis) Resolution No. 15-R-09– 3.Consideration and/or action approving a Resolution authorizing the application for the Texas Emissions Reduction Program (TERP) Grant from the Texas Commission on Environmental Quality (TCEQ).(J. Bierschwale/C. Raleigh/J. Harshman) Ordinance No. 15-M-06 4.–Consideration and/or action approving an Ordinance authorizing and amending the City Council Rules of Conduct and Procedure providing for the treatment of abstentions; repealing all Ordinances or parts of First Reading Ordinances in conflict with thisOrdinance. (Mayor/C. Zech) Ordinance No. 15-M-07 5.–Consideration and/or action approving an Ordinance amending the City of Schertz Code of Ordinances and certain other Ordinances by amending the Fee Schedule and establishing the WholesaleDistribution Water Rate. First Reading (J. Bierschwale/S. Willoughby) Roll Call Vote Confirmation Requests and Announcements 6.Announcements by City Manager Citizen Kudos Recognition of City employee actions New Departmental initiatives 7.Requests by Mayorand Councilmembers that items be placed on a future City Council agenda. 8.Requests by Mayor and Councilmembers to City Manager and Staff forinformation. 9.Announcements by Mayor and Councilmembers City and community events attended and to beattended 02-03-2015 City Council AgendaPage- 2 - 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 Executive Session 10.City Council will meet in closed session under section 551.074 Evaluation of the City Secretary and Deputy City Secretary. Reconvene into Regular Session 10a.Take any necessary action based on discussions held in closed session under Agenda Item number 10. Roll Call Vote Confirmation Adjournment CERTIFICATION I, BRENDA DENNIS,CITY SECRETARY OF THE CITY OF SCHERTZ, TEXAS, DO HEREBY CERTIFY THAT THE ABOVE AGENDA WAS PREPARED AND POSTED ON TH THE OFFICIAL BULLETIN BOARDS ON THIS THE29DAY OFJANUARY 2015AT 2:30P.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. Brenda Dennis BrendaDennis,CitySecretary 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 _____DAYOF _______________, 2015. ____________________________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 authorizedby 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 02-03-2015 City Council AgendaPage- 3 - 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 CarpenterMayor Pro-Tem John –Place 3 Audit CommitteeLone Star Rail District Hal Baldwin Scholarship Committee Interview Committee for Boards and Commissions Investment AdvisoryCommittee TIRZ II Board Councilmember Fowler –Place 1Councilmember Azzoz –Place 2 Interview Committee for Boards and CommissionsAnimal Control Advisory Committee Schertz Housing Board LiaisonSweetheart Advisory Committee Randolph Joint Land Use Study (JLUS) Executive Committee Schertz Seguin Local Government Corporation Councilmember Edwards –Place 4CouncilmemberThompsonPlace 5 Audit CommitteeAudit Committee Hal Baldwin Scholarship Committee Interview Committee for Boards and Commissions Cibolo Valley Local Government Corporation 02-03-2015 City Council AgendaPage- 4 - Agenda No. 1 CITY COUNCIL MEMORANDUM City Council Meeting: February 3, 2015 Department: City Secretary Subject: Minutes BACKGROUND The City Council held a regular meeting on January 27, 2015. FISCAL IMPACT None RECOMMENDATION Staff recommends Council approve the minutes of the regular meeting of January 27, 2015. ATTACHMENT Minutes – regular meeting January 27, 2015. MINUTES REGULAR MEETING January 27, 2015 A Regular Meeting was held by the Schertz City Council of the City of Schertz, Texas, on January 27, 2015, 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 Mayor Pro-Tem Daryl John Councilmember Jim Fowler Councilmember Grumpy Azzoz Councilmember Cedric Edwards Councilmember Robin Thompson Staff Present: City Manager John Kessel Deputy City Manager John Bierschwale Executive Director Brian James Chief of Staff Bob Cantu City Attorney Charles Zech City Secretary Brenda Dennis Deputy City Secretary Donna Schmoekel Call to Order Mayor Carpenter called the meeting to order at 6:00 p.m. Invocation and Pledges of Allegiance to the Flags of the United States and the State of Texas (Councilmember Edwards) Councilmember Edwards provided the invocation followed by the Pledges of Allegiance to the Flags of the United States and the State of Texas. Mayor Carpenter moved to the Hearing of Residents section on the agenda. Hearing of Residents Ms. Maggie Titterington, Chamber President who provided updated information regarding the upcoming Chamber Events: -Wednesday, January 28, 2015, Biz Ed – Doing Business in Schertz, 7:30 a.m. Schertz Chamber Offices. -Saturday, January 31, 2015, Health & Wholeness Fair, Sponsored by the Baptist Emergency Hospital, Schertz Civic Center 11:00 a.m. -Thursday, February 5, 2015, Ribbon Cutting at RockStar’s Place, 1248 FM 78, 3:00 p.m. -HEB is starting to open up all their different shops within HEB. Mia’s Mirror in HEB Grand Opening and Ribbon Cutting will be Friday February 6, 2015, at 9:00 a.m. She stated that HEB will be hosting several soft openings of their other shops and the Chamber will be sending out notifications. 1-27-2015 Minutes Page- 1 - Ms. Titterington also stated that she has been contacted by several businesses regarding the Grackle (bird) problem. She stated that HEB has spent $20,000 trying to get rid of the grackles in the parking lot. She stated that this is a sanitation issue and she is not sure what the City can do to assist. She wasn’t sure if the City had a policy in dealing with this issue or what can be done. Mayor Carpenter stated that since the Council can respond with factual information the city in the past allowed the use of explosive materials for the dispersion of the birds. Mayor Carpenter stated they could visit with Marshal Harris or Mr. Bierschwale on this issue. Mr. David Richmond, 2921 Bent Tree, who came forward, extending a thank you to the City, particularly the Public Works Department for the recent completion of a sidewalk section in his neighborhood. He stated that when his subdivision, Greenshire, was developed back in the 80’s a section of sidewalk was not put in by the developer at that time, but as the neighborhood has grown to completion, this section on the west side of Woodland Oaks Drive between the Woodland Oaks bridge and Bent Tree Drive, forces many walkers to walk out in the street. Mr. Richmond stated that at their last meeting several residents spoke up regarding their appreciation of completing the section of sidewalk. Mayor Carpenter moved to the discussion and action items of the agenda. Discussion and Action Items Minutes 1. - Consideration and/or action regarding the approval of the minutes of the Regular Meeting of January 20, 2015. (J. Kessel/B. Dennis) Mayor Carpenter recognized Councilmember Edwards who moved, seconded by Councilmember Fowler to approve the minutes of the regular meeting of January 20, The vote was unanimous, with Mayor Pro-Tem John, Councilmembers 2015. Fowler, Azzoz, Edwards, and Thompson voting for, no one voting no. Motion passed. Resolution No. 15-R-08 2.– Consideration and/or action approving a Resolution authorizing the city manager to execute a professional services agreement with Evergreen Solutions to conduct a city staff classification and compensation study and authorizing a contingency amount. (J. Kessel/J. Smith) The following was read into record: RESOLUTION NO. 15-R-08 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH 1-27-2015 Minutes Page- 2 - EVERGREEN SOLUTIONS TO CONDUCT A CITY STAFF CLASSIFICATION AND COMPENSATION STUDY AND AUTHORIZING A CONTINGENCY AMOUNT Mayor Carpenter recognized Human Resource Director Josh Smith who introduced this item stating the Schertz City Council identified a Classification and Compensation Study for City employees as a top priority in the City’s budget process. The City of Schertz is proposing to conduct a complete classification and compensation study in attempts to stay competitive within the competing labor market, to remain fair and equitable, to properly classify employee positions, and to retain productive employees long-term. As the City prepares to reach the 50,000 population figure, it is recognized that proper staffing levels and staff knowledge, skills, and abilities are two of the most significant factors in determining our future success. It is also recognized that 100% of our service delivery comes from our staff. This study will help prepare both an immediate set of recommendations and develop a longer term, five year strategy to positively impact our current staff and to ensure our future success. Mr. Smith stated the City of Schertz has not conducted a complete compensation study in approximately 10 years. In 2011, a partial compensation study was conducted internally and neither it nor the 2004 study included a classification update. The City Council budgeted $85,000 to conduct the Classification and Compensation Study. Additionally, the City Council has budgeted $300,000 for an initial implementation of the study, recognizing that additional implementation funds may be required. rd The City released an RFQ in search for a 3 party provider to conduct a classification and compensation study. The City received eight bid proposals from various vendors. A panel of six City staff reviewed the proposals and, through a scoring system, selected three finalists to interview. After the interviews were conducted, the panel, utilizing the same scoring system, has recommended Evergreen Solutions as the most qualified respondent. Mr. Smith provided the following goals that were set out during this process: 1.Properly classify positions in the City to reflect actual knowledge, skills, and abilities, as well as the essential duties of each position. 2.To have competitive compensation within Schertz’s competing labor market and benchmark cities. 3.To promote internal and external compensation equity. To foster productive employees, in part, through a fair and balanced compensation system. 1-27-2015 Minutes Page- 3 - Mr. Smith and City Manager John Kessel addressed questions from Council. Mayor Carpenter recognized Councilmember Edwards who moved, seconded by The vote was Councilmember Thompson to approve Resolution No. 15-R-08. unanimous, with Mayor Pro-Tem John, Councilmembers Fowler, Azzoz, Edwards, and Thompson voting for, no one voting no. Motion passed. Mayor Carpenter moved back to the presentation section of the agenda. Presentations Presentation/briefing and update regarding the 2015 Hal Baldwin Scholarship Committee. (B. Cantu/P. Horan) Mayor Carpenter recognized Chief of Staff Bob Cantu who came forward stating that this evening the Hal Baldwin Scholarship Committee met and has agreed and decided on the essay questions that they will be asking and will be drawing up a draft and sending it back to the committee for approval. Mr. Cantu recognized and thanked Ms. Patty Horan who assisted in facilitating their meeting. Mayor Carpenter moved back to the City Events and Announcement section of the agenda. City Events and Announcements Announcements of upcoming City Events (J. Bierschwale/B. James) Mayor Carpenter recognized Deputy City Manager John Bierschwale who provided the following announcements: Saturday, January 31, 2015, Schertz Chamber of Commerce Health and Wholeness Fair hosted by the City of Schertz, the Chamber of Commerce and the Baptist Emergency Hospital, Civic Center 11:00 a.m. Mr. Bierschwale also stated that CCMA has filed their permit for the South Schertz Plant. He announced that CCMA will close on the last track of land they spoke about last week. Announcements and recognitions by City Manager (J. Kessel) Mayor Carpenter recognized City Manager John Kessel who recognized City Secretary Brenda Dennis and Deputy City Secretary Donna Schmoekel thanking them for their recent attendance at several meetings during the past week and covering for each other. Roll Call Vote Confirmation Deputy City Secretary Donna Schmoekel provided the roll call vote information for agenda items 1 and 2. 1-27-2015 Minutes Page- 4 - Requests and Announcements 3. Announcements by City Manager Citizen Kudos Recognition of City employee actions New Departmental initiatives No further announcements. 4. Requests by Mayor and Councilmembers that items be placed on a future City Council agenda. No items requested. 5. Requests by Mayor and Councilmembers to City Manager and Staff for information. Mayor Carpenter recognized Councilmember Edwards who stated that they have talked about their profiles that they all did recently and was wondering if his fellow colleagues Councilmember Thompson and Councilmember Azzoz had taken their profile assessment. City Manager John Kessel stated that he would make sure that they have received the information and have taken the assessment. Mayor Carpenter recognized Councilmember Fowler who stated he had received a call regarding the intersection of Schertz Parkway and Woodland Oaks. The complaint is that individuals coming out of Woodland Oaks are trying to get on Schertz Parkway; you have a single lane road and some individuals want to turn left while others want to turn right. Those wanting to turn right are getting caught in a long line of traffic. He is requesting staff take a look at this intersection and see if it is possible to widen the road. 6. 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 Mayor Carpenter recognized Councilmember Fowler who stated last week he held his first meeting with eight (8) pastors to discuss and come up with how we can work together to help seniors who need small repairs or other small projects done, but they are unable to do so. Councilmember Fowler stated that the first meeting had a great outcome and resulted in good ideas. He stated they are looking at putting a mission statement and goals together and will be meeting next month to go over these. He thanked the City and General Services for providing the room and refreshments. 1-27-2015 Minutes Page- 5 - Mayor Carpenter stated that the Mayor’s Task Force and Community Involvement future planning held their second meeting this past weekend. He stated they are making some very interesting and fast progress in looking at all the projects the city might consider in the near term and some more in the long term. They also discussed community involvement and how to get others involved in the city as we seem to have the same citizens getting involved that are already on various boards and committees. Mayor Carpenter also stated that the Mayors of the Northeast Partnership held a special meeting last week and were briefed by Chris Young with Linebarger Goggan Blair & Sampson, LLP, regarding a number of proposed legislative bills that would directly impact our cities. Mayor Carpenter stated that they will be having a group meeting with the Guadalupe County Mayor’s Association and get with them and go up to Austin as a group to speak to our legislature representatives. Executive Session Mayor Carpenter adjourned the regular session at 6:36 p.m. into executive session. Councilmember Edwards left the meeting. 7. City Council will meet in closed session under section 551.074 Evaluation of the City Secretary and Deputy City Secretary. Reconvene into Regular Session Mayor Carpenter reconvened into regular session at 7:36 p.m. 7a. Take any necessary action based on discussions held in closed session under Agenda Item number 7. No action taken. Adjournment Meeting was adjourned at 7:36 p.m. __________________________________ Michael R. Carpenter, Mayor ATTEST: __________________________________ Brenda Dennis, City Secretary 1-27-2015 Minutes Page- 6 - Agenda No. 2 CITY COUNCIL MEMORANDUM City Council Meeting: February 3, 2015 Department: City Secretary Subject: Boards, Commissions and Committee Member Resignations and Appointments BACKGROUND The City has received a resignation from long standing member Ms. Gail Hyatt of the Historical Preservation Committee. As a result of her resignation there is now a vacancy. Mr. William Dandy has submitted his application to serve on this board. Mr. Dandy has been attending the Historical Preservation Committee meetings. FISCAL IMPACT None RECOMMENDATION Staff recommends ratifying the resignation of Ms. Gail Hyatt and recommends appointing Mr. William Dandy to fill the vacant regular position. ATTACHMENTS Resignation - Gail Hyatt Application - William Dandy Agenda No. 3 CITY COUNCIL MEMORANDUM City Council Meeting: February 3, 2015 Department: Public Works Subject: Resolution No. 15-R-09 – A Resolution by the City Council of the City of Schertz, Texas authorizing the application for the Texas Emissions Reduction Program (TERP) Grant from the Texas Commission on Environmental Quality (TCEQ). BACKGROUND The City is requesting authorization to apply for the Texas Emissions Reduction Program (TERP) Grant from the Texas Commission on Environmental Quality (TCEQ). TCEQ is inviting applications for replacement of selected types of non-road and on-road heavy-duty vehicles to help reduce emissions through the purchase of new and upgraded vehicles and equipment. Staff attended a workshop presented by the Alamo Area Council of Governments (AACOG) in late January. City Council approved Ordinance 14-B-48 approving the Issuance of Tax Notes Series 2015 in the amount of $2,125,000 for purchase of vehicles, ambulances, materials, supplies, equipment, machinery, and other personal property. $1.2 Million of these funds were designated for the replacement of certain Public Works equipment and machinery. The Public Works Department has identified up to nine pieces of equipment and machinery that will be replaced with this funding. Every piece of equipment and machinery, except for one unit (due to the fact that we are not replacing an item) has the potential to be partially reimbursed from the approval of the TERP Grant. Staff has calculated a possible maximum savings of approximately $200,000 through the TERP Grant if the City is approved for each of the nine pieces of machinery and equipment that we are qualified for. If approved, with the savings from the Grant Program and savings from due diligence in finding the best possible price for equipment and machinery, staff has estimated the potential to purchase two additional pieces of equipment that are in need of replacement and will assist both Public Works and Emergency Services in their day-to-day operations and to perform in a more effective and efficient manner. Staff requests approval to apply for the TERP Grant Program for a partial rebate for the replacement of up to nine units. Goal To obtain approval by City Council to apply for the TERP Grant Program offered by TCEQ for a partial rebate for the replacement of up to nine pieces of equipment and machinery for a possible savings of approximately $200,000. Community Benefit Through the use of a rebate grant, the City is able to better utilize funds provided by the sale of Tax Notes for the replacement purchase of up to nine pieces of equipment and machinery. Summary of Recommended Action Approval of Resolution 15-R-09 granting permission to the City of Schertz Public Works Department to apply for the 2015 TCEQ TERP Grant Program for the replacement purchase of up to nine pieces of machinery and equipment. FISCAL IMPACT A potential grant award of up to approximately $200,000 to use towards the replacement purchase of up to nine pieces of equipment and machinery for the Public Works Department. RECOMMENDATION Approval of Resolution No. 15-R-09 ATTACHMENT(S) Resolution 15-R-09 TERP Grant Program Guidelines RESOLUTION NO. 15-R-09 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING THE APPLICATION FOR THE TEXAS EMISSIONS REDUCTION PROGRAM (TERP) GRANT, AND OTHER MATTERS IN CONNECTION THEREWITH WHEREAS, the City of Schertz (the “City”) wishes to apply for the Texas Commission on Environmental Quality Texas Emissions Reduction Program Grant for a partial rebate to replace up to nine pieces of equipment and machinery; and WHEREAS, the possible estimated savings from this grant program could be as high as approximately $200,000; and WHEREAS, the City Council of the City of Schertz hereby finds and determines that it is in the best interest of the City to apply for the Texas Commission on Environmental Quality Texas Emissions Reduction Program Grant. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS THAT: Section 1.The City Council hereby authorizes the application for Texas Commission on Environmental Quality Texas Emissions Reduction Program Grant. Section 2.The City Council hereby authorizes the City Manager or his designee to take all actions necessary in connection with the acceptance of the Grant including, but not limited to, executing the Grant Agreement, acceptance, rejection, to alter, or terminate the grant. Section 3. The City Council hereby assures that, in the event of loss or misuse of grant funds, all funds shall be reimbursed to the Criminal Investigations Division of the Texas Governor’s Office. Section 4. 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 5. 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 6. This Resolution shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 7. 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 8. 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 9. This Resolution shall be in force and effect from and after its final passage, and it is so resolved. rd PASSED AND ADOPTED, this 3 day of February, 2015. CITY OF SCHERTZ, TEXAS Mayor, Michael R. Carpenter ATTEST: City Secretary, Brenda Dennis (CITY SEAL) Agenda No. 4. CITY COUNCIL MEMORANDUM City Council Meeting: February 3, 2015 Department: Council Subject: Ordinance No. 15-M-06 An Ordinance authorizing and amending the City Council Rules of Conduct and Procedure: repealing all ordinances or parts of ordinances in (First conflict with this ordinance. Reading) BACKGROUND The City Council has identified the need to clarify how abstention (or present/silent) votes are counted with respect to determining tie votes and majority/quorum calculations. In working with the City Attorney the Council discussed the effect of legally required abstentions and non-required abstentions. The Council considered various options and directed the City Attorney to draft language and provide information and rules on how to interpret the effect of abstentions when the Councilmember has no legal obligation to abstain. At the January 20, 2015 City Council meeting, the Council voted and unanimously approved language to be added to the Council Rules and Procedures ordinance that would have the effect of any vote by a councilmember that is not an Aye vote or a Nay vote shall be counted as a Nay vote unless it is an abstention as required by law. Additionally, the abstention (or present/silent) vote would count towards the calculation of a majority or quorum. The attached Ordinance provides for a section regarding the effect of abstentions. Goal To clarify, update and amend the Council’s Rules of Conduct and Procedures related to procedures for voting and abstentions. Community Benefit To clearly establish procedures for voting and abstentions. City Council Memorandum Page 2 Summary of Recommended Action Staff recommends Council approve first reading of Ordinance No. 15-M-06 amending the Council Rules of Conduct and Procedures by amending Article 9, by adding Section 9.17 Effect of Abstentions. See attached corresponding Ordinance. FISCAL IMPACT None RECOMMENDATION Staff recommends Council approve first reading of Ordinance No. 15-M-06. ATTACHMENTS Ordinance No. 15-M-06 ORDINANCE NO. 15-M-06 AN ORDINANCE BY THE CITY OF SCHERTZ AUTHORIZING AMENDED CITY COUNCIL RULES OF CONDUCT AND PROCEDURE; PROVIDING FOR THE TREATMENT OF ABSTENTIONS; 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 currently does not address the procedural treatment of abstentions by Council Members from a vote; 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 they relate to abstentions. 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: Article 9 is amended by adding Section 9.17 Effect of Abstentions a follows: Action on required Abstentions; Effect of non-required Abstentions. The following rules shall apply when a Council Member abstains from voting on an item: When the Council Member is Legally Obligated to Abstain. When a Council Member is legally obligated to abstain from voting pursuant to Texas Local Government Code Chapter 171, a local ordinance or the City Charter then the Council Member shall leave the dais and exit City Council Chambers until such time as the debate and vote on the item has been concluded. The City Secretary shall record that the Council Member left the room and abstained from the vote in the official minutes and there shall be no other effect. When the Council Member as no Legal Obligation to Abstain from Voting. When a Council Member has no legal obligation to abstain from voting then an abstention shall be recorded in the minutes as an abstention and shall procedurally be treated as a “no” vote. Section 2. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Ordinance for all purposes and are adopted as a part of the judgment and findings of the Council. Section 3. All ordinances and codes, or parts thereof, which are in conflict or inconsistent with any provision of this Ordinance are hereby repealed to the extent of such conflict, and the provisions of this Ordinance shall be and remain controlling as to the matters resolved herein. Section 4. This Ordinance shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 5. If any provision of this Ordinance or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Ordinance and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City hereby declares that this Ordinance would have been enacted without such invalid provision. Section 6. It is officially found, determined, and declared that the meeting at which this Ordinance is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Ordinance, was given, all as required by Chapter 551, as amended, Texas Government Code. Section 7. This Ordinance shall be effective upon the date of final adoption hereof and any publication required by law. PASSED ON FIRST READING, the 3rd day of February, 2015. PASSED, APPROVED and ADOPTED ON SECOND READING, the ____ day of ____________, 2015. Mayor, Michael R. Carpenter ATTEST: City Secretary, Brenda Dennis (Seal of City) CS ITY OF CHERTZ CC ITY OUNCIL RCP ULES OF ONDUCT AND ROCEDURE These Rules of Conduct and Procedure (these “Rules”) are intended to provide an understandable and workable structure for City Council meetings. These Rules shall serve to aid the conduct of public business at Council meetings, to facilitate communication at Council meetings among Councilmembers and between Councilmembers and City staff and members of the public, and to promote confidence in the citizens that their government is performing its duties with the highest of ethical standards and with a genuine interest in the well-being of the community. There Rules are in all events subject to the City Charter and applicable provisions of State law, including the Texas Open Meetings Act. As a part of these Rules, the Council has established the following Code of Conduct for the Mayor and all Councilmembers: Address the merits of the issues — no personal attacks Focus on representing the interests of all citizens. Attempt to resolve personal conflicts among Councilmembers internally before speaking publicly. Assume positive intentions — don’t look for hidden agendas. Observe the City’s written Rules of Conduct and Procedure. When others are speaking, listen with an open mind. Recognize that inappropriate public disclosure of confidential information can be detrimental to the City and its citizens. Understand that “majority rules”. Once a vote is taken, if you were in the minority agree to disagree and move on. Recognize that a majority view, when expressed in a vote, becomes an expression of City policy. Coordinate all requests of the City staff through the City Manager. 02-03-2015 Revised TABLE OF CONTENTS Page ARTICLE 1. AUTHORITY 1.1 City Charter ........................................................................................................................ 1 1.2 Effective Date; Amendment .............................................................................................. 1 ARTICLE 2. GENERAL RULES 2.1 Meetings to be Public......................................................................................................... 1 2.2 Quorum .............................................................................................................................. 1 2.3 Minutes of Meetings .......................................................................................................... 1 2.4 Questions to Contain One Subject ..................................................................................... 1 2.5 Right to the Floor ............................................................................................................... 1 2.6 City Manager ..................................................................................................................... 1 2.7 City Attorney ..................................................................................................................... 2 2.8 City Secretary..................................................................................................................... 2 2.9 Officers and Employees ..................................................................................................... 2 2.10 Rules of Order .................................................................................................................... 2 2.11 Suspension of Rules ........................................................................................................... 2 2.12 Amendment to Rules.......................................................................................................... 2 2.13 Matters Not Addressed by Rules ....................................................................................... 2 ARTICLE 3. TYPES OF MEETINGS 3.1 Regular Meetings ............................................................................................................... 2 3.2 Special Meetings ................................................................................................................ 2 3.3 Recessed Meetings ............................................................................................................. 2 3.4 Adjourned Meetings ........................................................................................................... 2 3.5 Executive Sessions ............................................................................................................. 2 3.6 Emergency Meetings ......................................................................................................... 3 ARTICLE 4. PRESIDING OFFICER AND DUTIES 4.1 Mayor ................................................................................................................................. 3 4.2 Call to Order ...................................................................................................................... 3 4.3 Preservation of Order ......................................................................................................... 3 4.4 Rulings by Presiding Officer ............................................................................................. 3 4.5 Questions to be Stated ........................................................................................................ 3 4.6 Substitution of Mayor ........................................................................................................ 3 ARTICLE 5. APPOINTMENT PROCEDURES 5.1 Appointment Procedure for the Mayor Pro Tem ............................................................... 3 5.2 Appointment Procedure for a Councilmember .................................................................. 4 i 02-03-2015 Revised 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 .......................................................................................................... 6 6.4 Presentations by Members of Council ............................................................................... 6 6.5 Consent Agenda ................................................................................................................. 6 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 ........................................................................................................................ 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 ii 02-03-2015 Revised TABLE OF CONTENTS (continued) Page 9.15 To take action or Rescind motion .................................................................................... 11 9.16 To Take Action; Main Motions ....................................................................................... 11 9.17 Effect of Abstentions………………………………………………………………11 & 12 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 iii 02-03-2015 Revised ARTICLE 1. AUTHORITY 1.1City Charter. Section 4.09 (d) of the City Charter provides that the Council shall, by ordinance, determine its own rules and order of business. 1.2Effective 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 2.1Meetings 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. 2.2Quorum. Three members of the Council, not including the Mayor, shall constitute a quorum. In the absence of the Mayor, the Mayor Pro Tem or other presiding officer shall be counted for purpose of determining the existence of a quorum. If a quorum is not present, those in attendance will be named, and they may recess to a later time as permitted by State law or may hear business before them, taking no official action. 2.3Minutes 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. 2.4Questions 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. 2.5Right 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. 2.6City 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. 1 02-03-2015 Revised 2.7City 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. 2.8City Secretary. The City Secretary or the Deputy City Secretary shall attend all meetings of the Council, unless excused, and shall keep the official minutes. 2.9Officers 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. 2.10Rules of Order. Part 8 of these Rules shall govern the proceedings of the Council. 2.11Suspension 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. 2.12Amendment to Rules. These Rules may be amended, or new rules adopted, by a duly adopted ordinance. 2.13Matters 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 3.1Regular 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. 3.2Special 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. 3.3Recessed 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. 3.4Adjourned Meetings. Any meeting of the Council that has been adjourned may not be reconvened except by a motion to reconsider prior to any Councilmember’s departure from the Council chamber. See Sections 9.3 and 9.4. 3.5Executive Sessions. Executive or closed sessions may only be held in accordance with State law. 2 02-03-2015 Revised 3.6Emergency 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 4.1Mayor. 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. 4.2Call to Order. Each meeting of the Council shall be called to order by the Mayor, or in the Mayor’s absence, by the Mayor Pro-Tem. In the absence of both the Mayor and the Mayor Pro-Tem, the meeting shall be called to order by the most senior Councilmember (by time of service on the Council) present. 4.3Preservation of Order. The presiding officer shall preserve order and decorum, prevent personalities from becoming involved during debate or the impugning of members’ motives, and confine Councilmembers in debate to the question under discussion. 4.4Rulings 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. 4.5Questions 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. 4.6Substitution 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 5.1Appointment 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. 3 02-03-2015 Revised (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. 5.2Appointment 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. (j)Council reserves the rightto alter this procedure at any time by resolution or rule. 4 02-03-2015 Revised ARTICLE 6. ORDER OF BUSINESS 6.1Agenda. The City Manager and the City Secretary shall prepare an agenda for each meeting of the Council. Items may be placed on the agenda by the City Manager (or in his absence any Assistant City Manager), the Mayor, or any Councilmember, except that a Councilmember directing that an item or items be placed on an agenda must do so in open session, during a properly posted meeting of the Council. Items placed on the agenda by the City Manager (or in his absence any Assistant City Manager) may be removed only by the City Manager (or any Assistant City Manager) and he/she may do so at any time that permits the agenda for the Council meeting to be properly posted by the City Secretary’s Office under the Texas Open Meetings Act. Items placed on an agenda by the Mayor may be removed only by the Mayor, and he/she may do so at any time that permits the agenda for the Council meeting to be properly posted by the City Secretary’s Office under the Texas Open Meetings Act. Items placed on the agenda by a Councilmember may be removed only by that specific Councilmember, and he/she may do so at any time that permits the agenda for the Council meeting to be properly posted by the City Secretary’s Office under the Texas Open Meetings Act. (a)Information Required. Any item to be on the agenda must be provided to the City Manager pursuant to a procedure established and modified by the City Manager from time to time. Each item on the agenda must contain sufficient information so that full disclosure of the item to be addressed is present so as to alert the Council and the public of the topic to be considered. (b)Order of Listing Items; Sponsor and Responsible Staff. The agenda shall list all items for consideration in a format recommended by the City Manager. The name of the person or persons placing an item on the agenda and the name of any expected staff presenter shall be stated on the agenda. (c)Copy Provided to Mayor and Council Members. The City Secretary shall furnish the Mayor and each Councilmember a copy of the agenda, including the proposed ordinances, resolutions, petitions, notices, or other materials as required. Copies of attachments and background material will generally be provided for the initial presentation only and should be retained by the Mayor and the Councilmembers until such time as the item is finalized. (d)Copy Available to Public. A copy of the agenda, with or without attachments as determined by the City Manager, shall be made available to the public at City Hall prior to the meeting. Copies of the agenda shall be available to the public at the meeting. (e)Order; Exception. The ordinances, resolutions, and other proposed actions shall be taken up and disposed of by the Council in the order listed in the agenda, subject to the right of the presiding officer to take up matters in a different order. 6.2Communication 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 5 02-03-2015 Revised 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. 6.3Approval 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. 6.4Presentations 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. 6.5Consent 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 7.1Printed, Typewritten, or Electronic Form. All ordinances and resolutions shall be presented to the Council only in printed, typewritten, or electronic form. 7.2City Manager Review. All ordinances and resolutions shall be reviewed by the City Manager or his designee. 7.3City 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. 7.4Funding. All actions authorizing an expenditure of money shall include the exact source of the funds to be expended. 7.5Reading of Caption Only. Upon being introduced, each proposed ordinance or resolution shall be read by caption only. 7.6Ordinances—Two Readings; Emergencies. Ordinances introduced at a Council meeting shall not be finally acted upon until at least the next regular meeting, except that 6 02-03-2015 Revised immediate action may be taken upon an emergency as determined by the Council in accordance the Charter or State law. 7.7Recording 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. 7.8Vote 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. 7.9Tie 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. 7.10Numbering 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. 7.11Ordinance 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 8.1Recognition by presiding officer. Subject to Section 8.5, No person shall address the Council without first being recognized by the presiding officer. 8.2Order. While the Council is in session, the Councilmembers must preserve the order and decorum of the meeting, and a Councilmember shall neither, by statement or otherwise, delay or interrupt the proceedings or the peace of the Council or disturb any other Councilmember while speaking or refuse to obey the orders of the presiding officer. Councilmembers are expected to remain on the dais during a Council meeting unless they have good cause to vacate. 8.3Presiding 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 Councilmember by reason of the member acting as the presiding officer. 7 02-03-2015 Revised 8.4Improper 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. 8.5Interruptions. 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 9.1Motions. 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. 9.2Debate. Debate, if permitted, must be limited to the merits of the issue under discussion as stated by the presiding officer. 9.3Motion 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. Affirmative MayResolved Vote by 3 Interrupt Secondby Chair Council-2/3 Motion Speaker Required Debatable Amendable No Vote members 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, nd ABA Publishing, 2 Edition. 8 02-03-2015 Revised 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” 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 no no yes no motion was debatable 13.to rescind no yes yes yes no no yes 14.to take action no yes yes yes no Yes*** no 9.4Point 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. 9.5Point 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. 9.6To Appeal a Ruling. Decisions or rulings of the presiding officer are final on questions of procedure, except that any ruling by the presiding officer’s ruling can be appealed to a vote of the Council. Whenever a Councilmember questions the appropriateness or essential fairness of the presiding officer, that member can appeal the ruling to a vote of the meeting. If, however, a motion is out of order as a matter of law (not a proper subject of the meeting, improper notice given, etc.), the presiding officer’s ruling cannot be appealed. A motion to appeal cannot interrupt a speaker. To prevent frivolous appeals, a second is required. The motion is subject to debate (which should be brief) and, by its nature, is not amendable. To overrule a procedural decision of the presiding officer, an affirmative vote of three (3) Councilmembers is required. 9.7To 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 9 02-03-2015 Revised 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. 9.8To 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. 9.9To 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. 9.10To Refer. A motion to refer is typically used to submit an issue to a committee, usually for study leading to a subsequent recommendation. Because it ordinarily disposes the motion for purposes of the current meeting, a motion to refer is subject to the same rules that apply to a main motion. (See Section 9.14). This motion cannot interrupt a speaker, and a second is required. It is debatable and amendable, and an affirmative vote of three (3) Councilmembers is required. 9.11To 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. 9.12To 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 02-03-2015 Revised 9.13To 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. 9.14Motion 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. 9.15Motion 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. 9.16To 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. 9.17Effect of Abstentions; action on required Abstentions; Effect of non-required Abstentions. The following rules shall apply when a Council Member abstains from voting on an item: When the Council Member is Legally Obligated to Abstain. 11 02-03-2015 Revised When a Council Member is legally obligated to abstain from voting pursuant to Texas Local Government Code Chapter 171, a local ordinance or the City Charter then the Council Member shall leave the dais and exit City Council Chambers until such time as the debate and vote on the item has been concluded. The City Secretary shall record that the Council Member left the room and abstained from the vote in the official minutes and there shall be no other effect. When the Council Member as no Legal Obligation to Abstain from Voting. When a Council Member has no legal obligation to abstain from voting then an abstention shall be recorded in the minutes as an abstention and shall procedurally be treated as a “no” vote. ARTICLE 10. ENFORCEMENT OF DECORUM 10.1Warning. 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. 10.2Removal. 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). 10.3Resisting 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. 10.4Motions 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. 10.5Adjournment. 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. 12 02-03-2015 Revised ARTICLE 11. CREATION OF COMMITTEES, BOARDS, AND COMMISSIONS 11.1Standing 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. 11.2Special 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 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 12.1Addressing the Council. Any person desiring to address the Council by oral communication shall first secure the permission of the presiding officer. 12.2Manner 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. 12.3Personal 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. 12.4Public Hearings. After being recognized by the presiding officer, interested persons, or their authorized representatives, may address the Council with respect to the subject 13 02-03-2015 Revised matter of a public hearing being conducted. The presiding officer may establish procedures at a public hearing to limit the amount of time (which, unless modified by the presiding officer, shall be as set forth in Section 12.2 above) interested persons may speak, subject to the Councilmembers’ right to appeal the presiding officer’s ruling pursuant to Section 9.6. Subject to modification by the presiding officer, and subject to the Councilmembers’ right of appeal pursuant to Section 9.6, the normal order of a public hearing is as follows: (i) the opening of the hearing and the establishment, if any, of a modified public hearing procedure by the presiding officer; (ii) address to the Council by any interested person(s); (iii) discussion by the Mayor and Councilmembers, including requests for information from City staff or any person(s) who addressed the Council; and (iv) action by the Council, if any is posted on the agenda relating to the hearing. 12.5Written 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. 12.6Hearing 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 13.1City Manager to Provide Information. The City Manager is directly responsible for providing information to all the Councilmembers concerning any inquiries by a specific Councilmember. If the City Manager or his staff’s time is being dominated or misdirected by a Councilmember, it is his responsibility to inform the Mayor or the Council as a whole. 13.2City 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. 14 02-03-2015 Revised (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. 13.3Directions 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. 13.4City 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. 13.5Customer Concerns. It is the responsibility of the City Manager to establish procedures for handling customer concerns in all departments with prompt feedback to citizens and Councilmembers. 13.6City 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 15 02-03-2015 Revised Agenda No. 5 CITY COUNCIL MEMORANDUM City Council Meeting: February 3, 2015 Department: Public Works Subject:Ordinance No. 15-M-07 – An Ordinance by the City Council of the City of Schertz, Texas Amending the City of Schertz Code of Ordinances and certain other Ordinances by amending the fee schedule and establishing the Wholesale Distribution Water Rate, and other services provided by the City of Schertz.First Reading. BACKGROUND The City of Schertz currently has water connections to Joint Base Randolph and Green Valley Special Utility District for emergency water service. We are in the process of entering into an Inter-Local Agreement with the City of Cibolo and have an agreement with the Crossvine to supply water for their landscape at a wholesale distribution rate once approved until reuse water is available. The City of Schertz does not have a Wholesale Water Rate established that may be charged when selling water to other organizations and entities. Presently, the four water systems that qualify for this rate are: 1.Joint Base Randolph (Emergency Water) 2.Green Valley Special Utility District (Emergency Water) 3.The Crossvine (Irrigation Water) 4.City of Cibolo (planned Keli Heights Subdivision) In December, staff engaged Mr. Dan Jackson with Economists.com to assist in developing a Wholesale Distribution Rate for the City based on the FY 2012-13 Rate Study. The results of the study show this rate based on delivery of water to any area adjacent to the Schertz Water System. The rate components are the base rate as per meter size as is in our current rate schedule and the volumetric rate. The base rate is a ready to service charge with zero gallons that covers bonds and debt of the Water Department and is currently covered on our Fee Schedule. The proposed volumetric rate is $2.27 per 1,000 gallons of water and covers water treated and delivered from SSGLC. It does not include costs for flushing, testing, maintenance, and customer service. This rate is approximately 17% lower than the effective rate the City currently charges to its retail customers. Per Dan Jackson the proposed rate is just and reasonable and in accordance with general ratemaking principals. To qualify for the Wholesale Distribution Rate, one of the following criteria must be met: 1.The water system owned by the Distributor must be a self-maintained water distribution service which will be supplied water through one City of Schertz Master Meter along with an agreement between the City and the Distributor must be authorized. 2.Military Bases. 3.Temporary Use until Reuse Water is made available to a particular area. The benefit of the Wholesale Distribution Rate for the City is that there is no maintenance, testing, flushing, or customer service costs to the City. The rate of $2.27 per thousand gallons of water is based on the April 2013 Water Rate Study. This price will be re-evaluated during the Proposed 2015 Water Rate Study. The rate will increase at the same percentage as the City Wide Water Rates. Goal To set a rate schedule for wholesale distribution water sales to recover sufficient funds to meet all treatment, delivery and administration, meet all debt service and coverage requirements while at the same time minimizing the impact on our wholesale distribution customers. Approve a rate that is just and reasonable and in accordance with general ratemaking principals. Community Benefit The ability to add wholesale suppliers with water service at a rate that will continue to offset the expenses of the department. Summary of Recommended Action Staff recommends Council approve the Wholesale Water Distribution Rate as presented. FISCAL IMPACT No immediate fiscal impact to approve the Ordinance and implement the rate to have it available for future sales; however, after establishment of the fee and the acceptance of Wholesale Distribution Suppliers to our system, collection of fees will occur monthly based on volumetric usage. Although usage and actual fiscal impact is challenging to predict at this time, there is a fiscal impact in approving versus not approving this fee. With the lack of a Wholesale Water Distribution Fee, we would be required to charge a higher fee to the qualifying water systems; therefore causing them to use less water because of the greater cost or even risking the loss of the potential revenue. RECOMMENDATION Staff recommends Council approve Ordinance 15-M-07 ATTACHMENTS Ordinance 15-M-07 Economists.com Rate Study ORDINANCE NO. 15-M-07 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AMENDING THE CITY OF SCHERTZ CODE OF ORDINANCES AND CERTAIN OTHER ORDINANCES BY AMENDING THE FEE SCHEDULE AND ESTABLISHING THE WHOLESALE DISTRIBUTION WATER RATE, AND OTHER SERVICES PROVIDED BY THE CITY OF SCHERTZ. WHEREAS, the City of Schertz (the “City”) has established by ordinances and resolutions for fees for licenses, permits, and services provided by the City; and WHEREAS , the City Council has authorized a review and a consolidation of certain fees for licenses, permits, and services provided by the City; and WHEREAS , the Schedule of Fees attached as Exhibit A reflects revisions to certain fees, a restatement of certain fees not revised, and a consolidation of all such fees; and WHEREAS , due to the need for periodic modification of said fees and for the purposes of efficiency, the City Council desires to adopt future fee changes by resolution rather than by ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS THAT: SECTION 1. All persons, firms, or corporations applying for licenses or permits or receiving other City services described on Exhibit A that require the payment of a fee incident to such application or service shall pay the fees as prescribed in the Fee Schedule attached hereto as Exhibit A and made a part of hereof. It shall be a violation of this Ordinance to conduct any activity or commence any use or receive any service for which payment of a fee described herein is required until such fee has been paid (if required to be paid in advance) or to fail to pay such fee when properly billed. SECTION 2. This Ordinance shall be cumulative of all provisions of ordinances and of the Code of Ordinances of the City of Schertz, Texas as to the fees set forth on Exhibit A effect on the effective date of this Ordinance, except where the provisions of this Ordinance are in direct conflict with the provisions of such ordinances and such Code, in which event the conflicting provisions of such ordinances and such Code are hereby repealed. SECTION 3. The City Council may, from time to time, by ordinance add to the fees set forth on Exhibit A, and the fees now or hereafter set forth on Exhibit A may be modified from time to time by resolution of the City Council. SECTION 4. It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs, and sections of this Ordinance are severable, and if any phrase, clause, sentence, paragraph, or section of this Ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs, and sections of this Ordinance, since the same would have been enacted by the City Council without the incorporation in this Ordinance of any such unconstitutional phrase, clause, sentence, paragraph, or section. SECTION 5. Subject to the last sentence of this Section, any person, firm, or corporation who violates, disobeys, omits, neglects, or refuses to comply with or who resists the enforcement of any of provisions of this Ordinance shall be fined not more than Five Hundred Dollars ($500.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. If any other ordinance, including the Code of Ordinances, establishes a different penalty for the failure to pay any fee on Exhibit A, the provisions of such other ordinance or the Code of Ordinances shall control with respect to such penalty. SECTION 6. All rights and remedies of the City are expressly saved as to any and all violations of the provisions of the Code of Ordinances in effect on the effective date of this Ordinance and modified by this Ordinance or any other ordinances in effect on the effective date of this Ordinance and modified by this Ordinance and requiring the payment of fees for licenses, permits, and other services provided by the City which have accrued on the effective date of this Ordinance; and any and all accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances, shall not be affected by this Ordinance but may be prosecuted until final disposition by the courts. SECTION 7. This Ordinance shall be in full force and effect from and after its final passage and any publication required by law. rd Passed and approved on the first reading this 3 day of February, 2015. PASSED AND APPROVED ON FINAL READING this _______day of __________, 2015. ____________________________________ Michael R. Carpenter, Mayor ATTEST: ___________________________________ Brenda Dennis, City Secretary City of Schertz Schedule of Fees Water & Sewer2013-142014-15 Summary of Changes Wholesale Water RateN/A2.27 Available by agreeemnt to Distributors with self-maintained water distribution service, Military Bases, and for temporary use until resuse water is made available in a particular area. 1