02-10-2015 Agenda with backupCity Council Agenda
REGULAR SESSION CITY COUNCIL
February 10, 2015, 6:00 P.M.
HAL BALDWIN MUNICIPAL COMPLEX COUNCIL CHAMBERS
1400 SCHERTZ PARKWAY BUILDING #4
SCHERTZ, TEXAS 78154
City of Schertz Core Values
Do the right thing
Do the best you can
Treat others the way you would want to be treated
Work together cooperatively as a team
Call to Order — City Council Regular Session
Invocation and Pledges of Allegiance to the Flags of the United States and State of
Texas. (Pastor Garry Shelton, Church of God By Faith Spirit of Life)
City Events and Announcements
• Announcements of upcoming City Events (J. Bierschwale /B. James)
• Announcements and recognitions by City Manager (J. Kessel)
Hearing of Residents
This time is set aside for any person who wishes to address the City Council. Each person
should fill out the speaker's register prior to the meeting. Presentations should be limited to
no more than 3 minutes.
All remarks shall be addressed to the Council as a body, and not to any individual member
thereof. Any person making personal, impertinent, or slanderous remarks while
addressing the Council may be requested to leave the meeting.
Discussion by the Council of any item not on the agenda shall be limited to statements of
specific factual information given in response to any inquiry, a recitation of existing policy in
response to an inquiry, and /or a proposal to place the item on a future agenda. The presiding
officer, during the Hearing of Residents portion of the agenda, will call on those persons who
have signed up to speak in the order they have registered.
Consent Agenda Items
The Consent Agenda is considered self - explanatory and will be enacted by the Council with
one motion. There will be no separate discussion of these items unless they are removed
from the Consent Agenda upon the request of the Mayor or a Councilmember.
02 -10 -2015 Council Agenda
1. Minutes - Consideration and/or action regarding the approval of the minutes the
Regular Meeting of February 3, 2015. (J. KesselB. Dennis)
2. Ordinance No. 15 -M -06 — 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
Ordinances in conflict with this Ordinance. Final Reading (Mayor /C. Zech/B.
Dennis)
3. Ordinance No. 15 -M -07 — 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 Wholesale Distribution Water Rate.
Final Reading (J. Bierschwale /S. Willoughby)
Discussion and Action Items
4. Resolution No. 15 -R -11 — A Resolution by the City Council of the City of Schertz,
Texas authorizing the application for two Grant Applications with the County of
Bexar in the State of Texas for U.S. Department of Housing and Urban Development
Community Development Block Grant Program (CDBG) Funding and all other
matters in connection therewith. (J. Bierschwale /S. Willoughby /C. Raleigh)
5. Ordinance No. 15 -S -08— Conduct a public hearing, consider and/or take action upon
PH a request approving an Ordinance for a proposed street name change of Schnebly
Drive to Hollering Vine beginning at the intersection of Long Leaf Parkway
extending north, approximately 2,300 feet to the intersection of Lower Seguin Road.
First Reading (B. James/L. Wood)
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 Mayor and Councilmembers that items be placed on a future City
Council agenda.
8. Requests by Mayor and Councilmembers to City Manager and Staff for information.
9. Announcements by Mayor and Councilmembers
• City and community events attended and to be attended
• City Council Committee and Liaison Assignments (see assignments below)
02 -10 -2015 City Council Agenda Page - 2 -
• 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
1 Oa. Take any necessary action based on discussions held in closed session under Agenda
Item number 10.
Roll Call Vote Confirmation
Adiournment
CERTIFICATION
I, BRENDA DENNIS, CITY SECRETARY OF THE CITY OF SCHERTZ, TEXAS, DO
HEREBY CERTIFY THAT THE ABOVE AGENDA WAS PREPARED AND POSTED ON
THE OFFICIAL BULLETIN BOARDS ON THIS THE 6TH DAY OF FEBRUARY 2015 AT
4:20 P.M., WHICH IS A PLACE READILY ACCESSIBLE TO THE PUBLIC AT ALL
TIMES AND THAT SAID NOTICE WAS POSTED IN ACCORDANCE WITH CHAPTER
551, TEXAS GOVERNMENT CODE.
grewda peww�s
Orenda Dennis, City Secreta
I CERTIFY THAT THE ATTACHED NOTICE AND AGENDA OF ITEMS TO BE
CONSIDERED BY THE CITY COUNCIL WAS REMOVED BY ME FROM THE
OFFICIAL BULLETIN BOARD ON DAY OF 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
authorized by the Texas Open Meetings Act.
Executive Sessions Authorized: This agenda has been reviewed and approved by the City's
legal counsel and the presence of any subject in any Executive Session portion of the agenda
constitutes a written interpretation of Texas Government Code Chapter 551 by legal counsel
02 -10 -2015 City Council Agenda Page - 3 -
for the governmental body and constitutes an opinion by the attorney that the items discussed
therein may be legally discussed in the closed portion of the meeting considering available
opinions of a court of record and opinions of the Texas Attorney General known to the
attorney. This provision has been added to this agenda with the intent to meet all elements
necessary to satisfy Texas Government Code Chapter 551.144(c) and the meeting is conducted
by all participants in reliance on this opinion.
COUNCIL COMMITTEE AND LIAISON ASSIGNMENTS
Mayor Carpenter
Audit Committee
Hal Baldwin Scholarship Committee
Interview Committee for Boards and Commissions
Investment Advisory Committee
TIRZ II Board
Mayor Pro -Tem John — Place 3
Lone Star Rail District
Councilmember Fowler — Place 1
Councilmember Azzoz — Place 2
Interview Committee for Boards and Commissions
Animal Control Advisory Committee
Schertz Housing Board Liaison
Sweetheart Advisory Committee
Randolph Joint Land Use Study (JLUS) Executive
Committee
Schertz Seguin Local Government Corporation
Councilmember Edwards — Place 4
Councilmember Thompson Place 5
Audit Committee
Audit Committee
Hal Baldwin Scholarship Committee
Interview Committee for Boards and Commissions
Cibolo Valley Local Government Corporation
02 -10 -2015 City Council Agenda Page - 4 -
Agenda No. 1
CITY COUNCIL MEMORANDUM
City Council Meeting: February 10, 2015
Department:
Subject:
BACKGROUND
City Secretary
Minutes
The City Council held a regular meeting on February 3, 2015.
FISCAL IMPACT
None
RECOMMENDATION
Staff recommends Council approve the minutes of the regular meeting of February 3, 2015.
ATTACHMENT
Minutes — regular meeting February 3, 2015.
MINUTES
REGULAR MEETING
February 3, 2015
A Regular Meeting was held by the Schertz City Council of the City of Schertz, Texas, on
February 3, 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
Councilmember Jim Fowler
Councilmember Cedric Edwards
Staff Present:
Executive Director Brian James
Mayor Pro -Tem Daryl John
Councilmember Grumpy Azzoz
Councilmember Robin Thompson
City Manager John Kessel
Chief of Staff Bob Cantu
City Attorney Charles Zech City Secretary Brenda De s
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 Thompson)
Councilmember Thompson provided the invocation followed by the Pledges of Allegiance to the
Flags of the United States and the State of Texas.
A. Mayor Pro -Tem Oath of Office — Oath of Office administered to
Councilmember Cedric Edwards. (Mayor Carpenter to administer oath)
Mayo" r Carpenter said that per the current Rules of Council regarding the appointment of
the Mayor Pro -Tem, it states that every six months the office of Mayor Pro -Tem moves
by seat number to the next Councilmember in line, as long as that Councilmember has
been elected to office and not appointed, provided that they are willing to serve.
Council position Place 4 is next in line, seat currently being held by Councilmember
Cedric Edwards who was elected to office. Mayor Carpenter asked Councilmember
Edwards if he was willing to serve. Councilmember Edwards indicated that he is willing
to serve as Mayor Pro -Tem.
Mayor Carpenter called for a motion and recognized Councilmember Azzoz who moved,
seconded by Councilmember Fowler to appoint Councilmember Edwards as Mayor Pro -
Tem. The vote was unanimous with Mayor Pro -Tem John, Councilmembers
Fowler, Azzoz, Edwards and Thompson voting for and no one voting no. Motion
passed.
2 -3 -2015 Minutes Page - I -
Mayor Carpenter provided the oath of office to newly appointed Mayor Pro -Tem Cedric
Edwards. Mayor Carpenter thanked former Mayor Pro -Tem John for serving.
City Events and Announcements
• Announcements of upcoming City Events (J. Bierschwale /B. James)
Mayor Carpenter recognized Director of Development Brian James who provided the
following announcements: AL
• Thursday, February 5, Ribbon Cutting w/RockStar's P, 3:00 p.m. at 1248 FM 78,
Suite 101, Grand Opening.
• Thursday, February 5, Preview Party of Mia's Mirror located HEB, 6:00 p.m.
Upcoming Events: ~�
• Wednesday, February 18, Blood Drive in front of the Community Cent
• Saturday, March 7, Wilenchik's Walk For Life at Clemens High School
Mayor Carpenter stated that he wanted to also announce a couple of other meetings that
are coming up that are of interest to the City of Schertz:
• Thursday, February 5, 2015, hosted by the City of Cibolo at 6:00 p.m. the
Northeast Partnership Mayors and the Guadalupe County Regional Mayors
Association will be meeting in a joint session to talk about the current legislation
session and associated issues.
• Thursday, February 12, 2015, Judge Wolff in Bexar County will be hosting the
Bexar County Mayor's first ever session meeting.
• Thursday, February 12, 2015, 11:30 a.m., the Northeast Partnership for Economic
evelopment will be meeting at the Olympia Hills Golf and Conference Center in
Universal City.
• cements and recognitions by City Manager (J. Kessel)
0
Mayor Carpenter recognized City Manager John Kessel who stated that he has some
Public Safety staff members that he wanted to single out; it's indicative though of our
Police Department in general. Mr. Kessel recognized Officer McCosh stating that he
received a note from a citizen that lives up in Scenic Hills who stated that he was so
impressed with Officer McCosh who was assisting a citizen with changing their tire on
the side of the road. Mr. Kessel stated this is one of those things that is not taught but just
going above and beyond their duties and caring about our citizens. Mr. Kessel stated
that this is a typical type of service provided by our officers; so typical that Officer
Armstrong had received a couple of notes as well. Mr. Kessel stated that Officer
Armstrong has received commendations from citizens as well where he also showed his
professionalism and made a very noticeable difference. This reflects so well on our
community and the professionalism of our Police Officers and the Police Department.
2 -3 -2015 Minutes Page - 2 -
Mr. Kessel stated the last one is an EMS shout -out. We always think about the guys and
gals that drive the blue and yellow ambulances but there is an administrative side of that
office that does the billing. Billing is not part of medical services that any one of us likes,
we all dislike that. Our billing system is fairly old, it is a system that you actually have to
mail in a check or come in person to pay. Customers have not been able to pay on -line. It
has been difficult to get collections that way for some time. Some are used to being able
to pay on -line because it is more convenient. The EMS billing department has been
working very hard on this and working with the IT Department. Those team members
have put together a program where now they can receive payments for the EMS bills on-
line with a credit card. This is a big convenience for our citizens and a huge convenience
for staff. Mr. Kessel thanked Allison, Cody, Dominga, Jessica and the others in that
department who saw a problem and worked with another department to make it better.
Hearing of Residents
No one spoke.
Discussion and Action Items
1
Minutes - Consideration and/or action regarding the
Meeting of January 27, 2015. (J. Kessel /B. Dennis)
of the minutes the Regular
Mayor Carpenter recognized Mayor Pro -Tem Edwards who moved, seconded by
Councilmember Fowler to approve the minutes of the regular meeting of January 27,
2015. The vote was unanimous, with Mayor Pro -Tem Edwards, Councilmembers
Fowler, Azzoz, John, and Thompson voting for, no one voting no. Motion passed.
2. Appointments/ Reappointments and Resignations to City Boards, Commissions and
Committees — Consideration and /or action regarding resignations and appointments to
the Historical Preservation Committee. (Mayor /Council /B. Dennis)
Mayor Carpenter recognized City Secretary Brenda Dennis who introduced this item
stating that 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. Staff recommends ratifying the resignation of Ms. Gail Hyatt and
appointing Mr. William Dandy to fill the vacant regular position. Ms. Dennis stated that
Mr. William Dandy has submitted his application to serve on this board. She also stated
that Mr. Dandy has already been attending the Historical Preservation Committee
meetings. Ms. Dennis recognized Mr. William Dandy who was in the audience this
evening. Mr. Dandy stood to be recognized. Mayor and Council thanked Mr. Dandy for
his willingness to serve.
Mayor Carpenter recognized Councilmember Fowler who moved, seconded by Mayor
Pro -Tem Edwards to ratify the resignation of Ms. Gail Hyatt and appoint Mr. William
Dandy to the Historical Preservation Committee. The vote was unanimous, with
2 -3 -2015 Minutes Page - 3 -
Mayor Pro -Tem Edwards, Councilmembers Fowler, Azzoz, John, and Thompson
voting for, no one voting no. Motion passed.
3. Resolution No. 15 -R -09 — 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)
The following was read into record:
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
Mayor Carpenter recognized Public Works Project Manager Cindy Raleigh who
introduced this item stating the City of Schertz Public Works Department was awarded a
bond sale back in December by Council to purchase certain equipment that needed
replacement or equipment that needed to be added to their fleet to make their jobs easier
and more efficient. She stated that during this time Fleet Manager Mr. John Harshman
has been working on bids and checking out certain equipment that they needed. She had
received an email from AACOG announcing that there was a grant program available to
replace some off -road and on -road diesel vehicles to help with the emissions in the State
of Texas by TCEQ, and that is the Texas Emissions Reduction Program Grant.
rd
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 and found out that we do qualify for
several pieces of equipment as part of this grant.
calculated a possible maximum savings of approximately $400,000 through the
Lit program if we can get all of the pieces of equipment approved through this
grant
Ms. Raleigh stated" that some of the equipment that they have come up with that can be
replaced are the following:
Qualifying On -Road Vehicles:
• 1993 Ford F -700 Dump truck — used for chipping — maximum funding available $43-
$483
• 1966 Jeep Kaiser (2 -1/2 ton) — maximum funding available $95 -$110K
• 1989 Kenworth T600 Dump Truck— maximum funding available $95 -$110K
2 -3 -2015 Minutes Page - 4 -
Qualifying Non -Road Vehicles:
• 1983 Case 580D Backhoe — maximum funding available $11,760
• 1987 Case 580K Backhoe — maximum funding available $11,760
• 1997 Case 580L Backhoe — maximum funding available $11,760
• 1987 Champion 710A Maintainer — maximum funding available $43,664
• 1988 Ford FC415M -7710 Tractor — maximum funding available $25,619
• 1984 John Deer 2150 Tractor — maximum funding available $11,760
• 1996 New Holland 4630 Tractor — maximum funding available $11,760
She stated when it indicates maximum funding, that means the discount toward the
purchase, we would have to purchase the vehicle and follow certain rules set up by the
grant program and the old equipment would have to be destroyed. This means cutting
holes in the engine blocks as well as cutting the axels in half to prove to them that we
have destroyed the high emissions equipment. Once this is accomplished we will be
receiving the reimbursement up to that ma�ximmuum amount if approved.
Staff has prepared a priority list as follow "s: .xk,
Priority - Vehicle/Equipment rep
2015:
• 1988 Ford 7710 Tractor
• 1993 Ford F700 Chipper
• 1983 Case 580D Backho
• 1987 Case 580K Backho
• 1997 Case 580L Backhof
• 1987 Champion 710A M
trice of Tax Note Series
Ms. Raleigh stated if approved to apply for this grant and we do get the maximum
amount we would also be able to purchase additional equipment due to the savings. This
includes the following;
• 1989 Kenworth T -600 Tandem Axle Dump Truck
• 1966 Kaiser Jeep (2 t/2 ton)
• 1984 John Deere 2150 Tractor
• 1996 New Holland 4630 Tractor
Staff is requesting permission to apply for this grant. The grant is a first come first serve
basis and it must be turned into Austin by Monday February 9th. Staff will be working
diligently finalizing the paperwork. Once approved Mr. Kessel will sign it and Mr.
Harshman will run it up to Austin and try to be number one in line, even having Mr.
Harshman possibly arrive at 4:30 a.m.
Mayor Carpenter recognized Mayor Pro -Tern Edwards who stated that you are saying to
have Mr. Harshman up there by 4:30 a.m. that morning; this item may be worth
2 -3 -2015 Minutes Page - 5 -
approving staff going up the night before and being the first in line. Ms. Raleigh stated
that staff has discussed this and possibly getting a hotel room close by. Ms. Raleigh
stated that they will possibly be working this weekend to finalize the paperwork on the
grant due to the preciseness involved in filling it out; any mistake on the paperwork and it
could be moved down the line or thrown out.
Mayor Carpenter recognized Councilmember Fowler who stated that he understands the
City put aside $1.2 million dollars for purchasing some of this equipment; Ms. Raleigh
concurred. He wanted to know if the grants came through the maximum amount they are
expecting to receive is $400,000. Ms. Raleigh stated that if they get all ten pieces of
equipment then yes. His next question was the money that comes back, would it go back
into the general fund? Ms. Raleigh stated they are planning on using the savings of the
funds to purchase the additional equipment needed as mentioned earlier.
Mayor Carpenter recognized Councilmember Thompson who stated, assuming we are
able to get the grant, and as you had mentioned we have to destroy certain parts of the
vehicles first, how much of a time lag would it be between the destruction of the vehicle
and the new replacement vehicle being available. Ms. Raleigh deferred the question to
Mr. John Harshman. Mr. Harshman stated that basically how it works is we do not
destroy any piece of equipment until we have clear notification from TECQ that our grant
is approved. Once that notice is sent to the city they have 90 days to destroy that piece of
equipment and send it to scrap. Councilmember Fowler asked would this mean there
would be a period where we would not have the equipment available, or do we think we
can get our new equipment within those 90 days. Mr. Harshman answered that he has
been told by TECQ that approval for the grant happens within the first 30 days from
when the doors are open for the proposals. We are going to be waiting to see what they
approve and what they do not approve, and as soon as we get approval we will be able to
move forward and from that date we have 90 days to destroy the equipment.
Mayor Carpenter recognized Councilmember Azzoz who stated that when you say
Monday, do we have to hand deliver it Monday? Ms. Raleigh indicated yes, that it is a
race among other entities in the State of Texas that want this grant, so the earlier we are
there the better chances we have to be the first in line. Our goal is to be number one.
Councilmember Azzoz asked if the City has done this before and Ms. Raleigh indicated
no and was not sure why. She indicated that certain other companies like Bexar Waste
have applied for these grants.
Mayor Carpenter recognized Mayor Pro -Tem Edwards who moved, seconded by
Councilmember Azzoz to approve Resolution No. 15 -R -09 with the stipulation to allow
our presenter to go up the previous night and be prepared and ready to go at the doorsteps
of that location. The vote was unanimous, with Mayor Pro -Tem Edwards,
Councilmembers Fowler, Azzoz, John, and Thompson voting for, no one voting no.
Motion passed.
Mayor Carpenter recognized City Manager John Kessel who thanked Mr. Harshman for
finding the grant and doing the research. Should we receive this or even a portion it will
2 -3 -2015 Minutes Page - 6 -
L,
go a long way. This is very innovative and fantastic. Mr. Kessel also complimented Ms.
Raleigh, stating that you think that she was just busy on this project putting this all
together, but this morning at 8:30 a.m. she helped kick off the Facility Master Plan study,
presenting to all department heads a lot of information so we can make this information
available to City Council. He stated that we were able to start the first round of reviews
with the architect to look at our existing facilities. He stated this is a project that will take
several months and Ms. Raleigh has taken the lead from the very first day. He stated that
this is a perfect project for her and she has really been tremendous and fantastic working
on various projects and being successful.
Ordinance No. 15 -M -06 — 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 Ordinances in
conflict with this Ordinance. First Reading (Mayor /C. Zech)
The following was read into record:
*%k
ORDINANCE NO. 15 -M -06
11 7'
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
Mayor Carpenter recognized City Secretary Brenda Dennis who introduced this item to
the City Council who 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.
°fie Council considered various options and directed the City Attorney to draft language
l a1 provide information and rules on how to interpret the effect of abstentions when the
Comber 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. 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.
2 -3 -2015 Minutes Page - 7 -
Mayor Carpenter recognized Councilmember Thompson who moved, seconded by
Councilmember Fowler to approve Ordinance No. 15 -M -06 on first reading. The vote
was unanimous, with Mayor Pro -Tem Edwards, Councilmembers Fowler, Azzoz,
John, and Thompson voting for, no one voting no. Motion passed.
5. Ordinance No. 15 -M -07 — 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 Wholesale Distribution Water Rate.
First Reading (J. Bierschwale /S. Willoughby)
The following was read into record:
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.
Mayor Carpenter recognized Public Works Director Sam Willoughby who introduced
this item stating 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 Planned Development to supply water for their
landscape at a wholesale distribution rate once approved until reuse water is available.
He stated to qualify for the Wholesale Distribution Rate; ONE (1) of the following
criteria must be met:
1. The water system owned by the Distributor must be a self - maintained water
distribution system which will be supplied water through one City of Schertz
Master Meter along with a service agreement between the City and the
Distributor.
2. Must be a Military Bases.
3. Must be for temporary Use until Reuse Water is made available to a particular
area.
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 is 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 - and a standard volumetric rate. The base rate is a ready -to- service charge
with zero gallons that covers debt of the Water Department as currently covered in our
Fee Schedule. The proposed volumetric rate is $2.27 per 1,000 gallons of water and
2 -3 -2015 Minutes Page - 8 -
covers water that is treated and delivered to the Master Meter. Also included in this rate is
a 10% risk component.
Rate components NOT included: flushing, testing, fire protection and customer service.
This rate is approximately 17% lower than the effective rate the City currently charges to
its retail customers. These connections will not have any adverse impact to the City of
Schertz water system.
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 2015 Water Rate Study. The goal is to
set a rate schedule for wholesale distribution water sales that recovers sufficient funds to
meet all treatment, delivery and administration costs, to include debt service and risk
components and approve a rate that is just and reasonable and in accordance with general
ratemaking principals. �`
Mayor Carpenter recognized City Manager John Kessel who stated the different criteria
would allow us to have other like entities apply and potentially receive this rate.
Aw 8
Mayor Carpenter recognized Councilmember Fowler who pointed out that the 17%
reduction was a reasonable amount but we don't do maintenance at all. Do we have any
connections to other cities if they have any emergencies? Public Works Director Sam
Willoughby stated we do already have valve connections with Green Valley Special
Utility District and Randolph Air Force Base.
Mayor Carpenter recognized Councilmember Azz ho asked what Section 5 was
about. Public Works Project Manager Cindy Raleig came forward stating that part was
an error and should be struck out if they want to take action on it tonight.
Mayor Carpenter recognized Councilme ber Azzoz who moved, seconded by
Councilmember John to approve Ordinance No. 15 -M -07 on first reading striking section
5. The vote was unanimous, with Mayor Pro -Tem Edwards, Councilmembers
Fowler, Azzoz, John, and Thompson voting for, no one voting no. Motion passed.
Deputy City Sed'Ilky Donn chmoekel provided the roll call vote information for agenda
items 1 through 5.
Requests and Announcements
6. Announcements by City Manager
• Citizen Kudos
• Recognition of City employee actions
• New Departmental initiatives
No further announcements.
2 -3 -2015 Minutes Page - 9 -
7. Requests by Mayor and Councilmembers that items be placed on a future City
Council agenda.
No items requested at this time.
8. Requests by Mayor and Councilmembers to City Manager and Staff for information.
Mayor Carpenter recognized Councilmember Edwards who requested information on
when the parking lot at HEB would be completed. Mayor Carpenter stated he could
answer that as he had just recently asked Connie at HEB who told him the completion
date is projected to be March 27. .+
9. Announcements by Mayor and Councilmembers
• City and community events attended and to be attended
• City Council Committee and Liaison Assignments (see assignm *'e w)
• Continuing education events attended and to be attended
• Recognition of actions by City employees W �
• Recognition of actions by community volunteers
• Upcoming City Council agenda items
Mayor Carpenter recognized Councilmember Fowler who stated he has been attending
the aquatic pool design meetings every two weeks and they are now working with a
construction contractor who is making some good recommendations. They are hoping in
a few weeks to be able to bring something forward to the council to vote on. They are
moving forward steadily and he thinks it is a great team of people working on this.
Executive Session
Mayor Carpenter adjourned the regular session at 6:40 p.m. into 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 Retzular Session
Mayor Carpenter reconvened into regular session at 8:45 p.m.
10a. Take any necessary action based on discussions held in closed session under Agenda
Item number 10.
No action taken.
Mayor Carpenter moved back to agenda item 7.
2 -3 -2015 Minutes Page - 10 -
7. Requests by Mayor and Councilmembers that items be placed on a future City
Council agenda.
Mayor Carpenter stated they would like to have the Evaluation of the City Secretary and
Deputy City Secretary item listed tonight under Executive Session to be placed back on
the agenda for next week as well as a discussion workshop on agenda preparation.
Mayor Carpenter recognized Councilmember Edwards who stated he has still not seen his
colleague's disc profile. Mayor Carpenter recognized City Manager John Kessel who
stated he has talked to Mr. Roy Davis and he is getting that information sent out.
Councilmember Azzoz already has his information but Councilmember Thompson has
not. He also offered to have Mr. Davis resend the information to Mr. Azzoz since he has
been experiencing some difficulties with what he was sent before.
a
Mayor Carpenter recognized Councilmember Fowler who stated that he as well as others
have received a letter from a developer who wants to build some low- income housing in
our city. How do we plan to address this? City Manager John Kessel responded by
saying he is aware of two requests and the Development Services Department is
contacting both of them to confirm locations, projects and other items. Staff will then
present this information to City Council for discussion, consideration and action, which
will also include a staff recommendation. Director of Development Services Brian James
has these requests in his possession. Wr
Mayor Carpenter recognized Councilmember Edwards who stated the City of Cibolo has
also received these same letters according to Cibolo City Councilmember Jay Hogue.
Mayor Carpenter stated perhaps this could be a topic for discussion at their upcoming
retreat workshop off site. City Manager John Kessel pointed out that this is very routine
and much like a zoning change request or building permit request. There is a pool of
potential funding at the state level that everyone across the state applies for. Staff tries to
figure out which of these are just shotgun approaches and which ones are real projects.
These may or may not be appropriate for our community.
City Attorney Charles Zech interjected at this point stating that this is not an agenda item
for discussion tonight so Mayor Carpenter stated he would get with the City Manager
later for more information and/or we could put it on a future agenda for further discuss.
Adiournment
Meeting was adjourn at 8:49 p.m.
Michael R. Carpenter, Mayor
ATTEST:
Brenda Dennis, City Secretary
2 -3 -2015 Minutes Page - 11 -
Agenda No. 2
CITY COUNCIL MEMORANDUM
City Council Meeting: February 10, 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
conflict with this ordinance. (Final
Reading)
BACKGROUND
Goal
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.
City Council approved this on first reading at their meeting of February 3, 2015.
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 final 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 final reading of Ordinance No. 15 -M -06.
ATTACHMENTS
Ordinance No. 15 -M -06
Revised Council Rules of Conduct and Procedures
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 10" day of
February, 2015.
Mayor, Michael R. Carpenter
ATTEST:
City Secretary, Brenda Dennis
(Seal of City)
CITY OF SCHERTZ
CITY COUNCIL
RULES OF CONDUCT AND PROCEDURE
These Rules of Conduct and Procedure (these "Rules ") are intended to provide an
understandable and workable structure for City Council meetings.
These Rules shall serve to aid the conduct of public business at Council meetings, to facilitate
communication at Council meetings among Councilmembers and between Councilmembers and
City staff and members of the public, and to promote confidence in the citizens that their
government is performing its duties with the highest of ethical standards and with a genuine
interest in the well -being of the community.
There Rules are in all events subject to the City Charter and applicable provisions of State law,
including the Texas Open Meetings Act.
As a part of these Rules, the Council has established the following Code of Conduct for the
Mayor and all Councilmembers:
• Address the merits of the issues no personal attacks
• Focus on representing the interests of all citizens.
• Attempt to resolve personal conflicts among Councilmembers internally before
speaking publicly.
• Assume positive intentions don't look for hidden agendas.
• Observe the City's written Rules of Conduct and Procedure.
• When others are speaking, listen with an open mind.
• Recognize that inappropriate public disclosure of confidential information can be
detrimental to the City and its citizens.
• Understand that "majority rules ". Once a vote is taken, if you were in the
minority agree to disagree and move on. Recognize that a majority view, when
expressed in a vote, becomes an expression of City policy.
• Coordinate all requests of the City staff through the City Manager.
02 -10 -2015 Revised
TABLE OF CONTENTS
3.1 Regular Meetings ................................................................................ ............................... 2
3.2 Special Meetings ................................................................................. ............................... 2
3.3 Recessed Meetings .............................................................................. ............................... 2
3.4 Adjourned Meetings ............................................................................ ............................... 2
3.5 Executive Sessions .............................................................................. ............................... 2
3.6 Emergency Meetings .......................................................................... ............................... 3
ARTICLE 4.
PRESIDING OFFICER AND DUTIES
4.1 Mayor ................................................................................................... ..............................3
4.2 Call to Order ....................................................................................... ............................... 3
4.3 Preservation of Order .......................................................................... ............................... 3
4.4 Rulings by Presiding Officer .............................................................. ............................... 3
4.5 Questions to be Stated ......................................................................... ............................... 3
4.6 Substitution of Mayor ......................................................................... ............................... 3
ARTICLE 5.
APPOINTMENT PROCEDURES
5.1 Appointment Procedure for the Mayor Pro Tem ................................ ............................... 3
5.2 Appointment Procedure for a Councilmember ................................... ............................... 4
02 -10 -2015 Revised 1
Page
ARTICLE 1.
AUTHORITY
1.1
City Charter ......................................................................................... ...............................
1
1.2
Effective Date; Amendment ............................................................... ...............................
1
ARTICLE 2.
GENERAL RULES
2.1
Meetings to be Public .......................................................................... ...............................
1
2.2
Quorum ............................................................................................... ...............................
1
2.3
Minutes of Meetings ........................................................................... ...............................
1
2.4
Questions to Contain One Subject ...................................................... ...............................
1
2.5
Right to the Floor ................................................................................ ...............................
1
2.6
City Manager ...................................................................................... ...............................
1
2.7
City Attorney ...................................................................................... ...............................
2
2.8
City Secretary ...................................................................................... ...............................
2
2.9
Officers and Employees ...................................................................... ...............................
2
2.10
Rules of Order ..................................................................................... ...............................
2
2.11
Suspension of Rules ............................................................................ ...............................
2
2.12
Amendment to Rules ........................................................................... ...............................
2
2.13
Matters Not Addressed by Rules ........................................................ ...............................
2
ARTICLE 3.
TYPES OF MEETINGS
3.1 Regular Meetings ................................................................................ ............................... 2
3.2 Special Meetings ................................................................................. ............................... 2
3.3 Recessed Meetings .............................................................................. ............................... 2
3.4 Adjourned Meetings ............................................................................ ............................... 2
3.5 Executive Sessions .............................................................................. ............................... 2
3.6 Emergency Meetings .......................................................................... ............................... 3
ARTICLE 4.
PRESIDING OFFICER AND DUTIES
4.1 Mayor ................................................................................................... ..............................3
4.2 Call to Order ....................................................................................... ............................... 3
4.3 Preservation of Order .......................................................................... ............................... 3
4.4 Rulings by Presiding Officer .............................................................. ............................... 3
4.5 Questions to be Stated ......................................................................... ............................... 3
4.6 Substitution of Mayor ......................................................................... ............................... 3
ARTICLE 5.
APPOINTMENT PROCEDURES
5.1 Appointment Procedure for the Mayor Pro Tem ................................ ............................... 3
5.2 Appointment Procedure for a Councilmember ................................... ............................... 4
02 -10 -2015 Revised 1
TABLE OF CONTENTS
(continued)
9.1
Page
9.2
ARTICLE 6.
8
9.3
ORDER OF BUSINESS
8
6.1
Agenda ................................................................................................ ...............................
5
6.2
Communication to Mayor and Council ............................................... ...............................
5
6.3
Approval of Minutes ........................................................................... ...............................
6
6.4
Presentations by Members of Council ................................................ ...............................
6
6.5
Consent Agenda .................................................................................. ...............................
6
9.9
ARTICLE 7.
10
9.10
CONSIDERATION OF ORDINANCES, RESOLUTIONS, AND MOTIONS
10
7.1
Printed, Typewritten, or Electronic Form ........................................... ...............................
6
7.2
City Manager Review ......................................................................... ...............................
6
7.3
City Attorney to Approve ................................................................... ...............................
6
7.4
Funding ............................................................................................... ...............................
6
7.5
Reading of Caption Only .................................................................... ...............................
6
7.6
Ordinances -Two Readings; Emergencies ........................................ ...............................
6
7.7
Recording of Votes ............................................................................. ...............................
7
7.8
Vote Required ..................................................................................... ...............................
7
7.9
Tie Vote .............................................................................................. ...............................
7
7.10
Numbering Ordinances and Resolutions ............................................ ...............................
7
7.11
Ordinance Passage Procedure ............................................................. ...............................
7
ARTICLE 8
RULES OF DECORUM
8.1
Recognition by presiding officer ........................................................ ...............................
7
8.2
Order ................................................................................................... ...............................
7
8.3
Presiding Officer ................................................................................. ...............................
7
8.4
Improper References to be Avoided ................................................... ...............................
8
8.5
Interruptions ........................................................................................ ...............................
8
ARTICLE 9.
MOTIONS AND MEETING PROCEDURES
9.1
Motions ............................................................................................... ............................... 8
9.2
Debate ................................................................................................. ...............................
8
9.3
Motion Procedures .............................................................................. ...............................
8
9.4
Point of Privilege ................................................................................ ...............................
9
9.5
Point of Procedure or Order ................................................................ ...............................
9
9.6
To Appeal a Ruling ............................................................................. ...............................
9
9.7
To Recess ................................................................................... ............................... 9 &
10
9.8
To Withdraw ..................................................................................... ...............................
10
9.9
To Postpone or Extend ...................................................................... ...............................
10
9.10
To Refer ............................................................................................ ...............................
10
9.11
To Amend ......................................................................................... ...............................
10
9.12
To Limit or Close Debate or "Call the Question" ............................. ...............................
10
9.13
To Count the Vote ............................................................................. ...............................
11
9.14
To Take Action or Reconsider an Action; Main Motions ................ ...............................
11
02 -10 -2015 Revised 11
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
02 -10 -2015 Revised 111
ARTICLE 1.
AUTHORITY
1.1 City Charter. Section 4.09 (d) of the City Charter provides that the Council shall, by
ordinance, determine its own rules and order of business.
1.2 Effective Date; Amendment. These Rules shall be in effect upon their adoption by the
Council and until such time as they are amended or new rules are adopted. In the event
of a conflict between these Rules and the Charter, the Charter shall govern over these
Rules. In the event of a conflict between these Rules and State law, State law shall take
precedence.
ARTICLE 2.
GENERAL RULES
2.1 Meetings to be Public. All meetings of the Council and all meetings of committees
composed of a quorum of the Council shall be open to the public as provided by State
law, except when State law allows closed or executive sessions for certain limited topics.
2.2 Quo rum. Three members of the Council, not including the Mayor, shall constitute a
quorum. In the absence of the Mayor, the Mayor Pro Tem or other presiding officer shall
be counted for purpose of determining the existence of a quorum. If a quorum is not
present, those in attendance will be named, and they may recess to a later time as
permitted by State law or may hear business before them, taking no official action.
2.3 Minutes of Meetings. An account of all proceedings of the Council shall be kept by the
City Secretary and shall constitute the official record of the Council. Such minutes, after
being approved by the Council (except any closed or executive session portion), shall be
open to public inspection. The City Secretary shall provide an index showing the action
of the Council in regard to all matters before to it at both regular and special meetings. A
recording or "certified agenda" of each closed or executive session shall be made and
maintained as required by State law.
2.4 Questions to Contain One Subject. All questions submitted for a vote shall contain only
one subject. If two or more subjects are involved, any Councilmember may require a
division, if the subjects can be reasonably divided.
2.5 Right to the Floor. Subject to Section 8.5, any Councilmember or member of City staff
desiring to speak shall be recognized by the Mayor (or the presiding officer in the
Mayor's absence) at an appropriate time, and shall confine his/her remarks to the subject
under consideration or to be considered.
2.6 City Manager. The City Manager or the Acting City Manager shall attend all meetings of
the Council unless excused. The City Manager may make recommendations to the
Council and shall have the right to take part in all discussions of the Council, but shall
have no vote. The City Manager shall be notified of all special meetings of the Council.
02 -10 -2015 Revised 1
2.7 City Attorney. The City Attorney shall attend all meetings of the Council as required by
the Council or as requested by the City Manager, and shall, upon request of the Council
or the City Manager, give an opinion, either written or oral, on questions of law.
2.8 City Secretary. The City Secretary or the Deputy City Secretary shall attend all meetings
of the Council, unless excused, and shall keep the official minutes.
2.9 Officers and Employ. Any officer or employee of the City, when requested by the
City Manager, shall attend meetings of the Council. If requested to do so by the City
Manager, they shall present information relating to matters before the Council.
2.10 Rules of Order. Part 8 of these Rules shall govern the proceedings of the Council.
2.11 Suspension of Rules. Any provision of these Rules not required by the Charter or State
law may be temporarily suspended by a majority vote of the Councilmembers who are
present. The vote of each person on any such suspension shall be entered in the minutes.
2.12 Amendment to Rules. These Rules may be amended, or new rules adopted, by a duly
adopted ordinance.
2.13 Matters Not Addressed by Rules. Issues of the conduct or procedure of public meetings
not addressed by these Rules, the Charter, or State law shall be determined by the Mayor
(or the presiding officer in the Mayor's absence).
ARTICLE 3.
TYPES OF MEETINGS
3.1 Regular Meetings. The Council shall hold regularly scheduled meetings as provided by
the Code of Ordinances, Part II, Section 2 -2. The Council may also hold regularly
scheduled meetings which may be designated by the Council as "workshop" sessions.
3.2 Special Meetings. Special meetings may be called by the Mayor, the City Manager, or
any three (3) members of the Council. The call for a special meeting shall be filed with
the City Secretary in written form, except that announcement of a special meeting during
any regular meeting at which all members are present shall be sufficient notice of such
special meeting. The call for a special meeting shall specify the day, hour, and place of
the special meeting and shall identify the subject or subjects to be considered.
3.3 Recessed Meetings. Subject to State law, any meeting of the Council may be recessed to
a later time, provided that no recess shall be for a longer period than until the next regular
meeting.
3.4 Adjourned Meetings. Any meeting of the Council that has been adjourned may not be
reconvened except by a motion to reconsider prior to any Councilmember's departure
from the Council chamber. See Sections 9.3 and 9.4.
3.5 Executive Sessions. Executive or closed sessions may only be held in accordance with
State law.
02 -10 -2015 Revised 2
3.6 Emergency Meetings. In case of emergency or urgent public necessity, an emergency
meeting may be called as a special meeting as set forth in Section 3.2, however, an
emergency meeting may not be held unless authorized by, and notice is given in
accordance, with State law.
ARTICLE 4.
PRESIDING OFFICER AND DUTIES
4.1 Mao. The Mayor, if present, shall preside as Mayor at all meetings of the Council. In
the absence of the Mayor, the Mayor Pro -Tem shall preside. In the absence of both the
Mayor and the Mayor Pro -Tem, the most senior Councilmember (by time of service on
the Council) present shall be the chairperson.
4.2 Call to Order. Each meeting of the Council shall be called to order by the Mayor, or in
the Mayor's absence, by the Mayor Pro -Tem. In the absence of both the Mayor and the
Mayor Pro -Tem, the meeting shall be called to order by the most senior Councilmember
(by time of service on the Council) present.
4.3 Preservation of Order. The presiding officer shall preserve order and decorum, prevent
personalities from becoming involved during debate or the impugning of members'
motives, and confine Councilmembers in debate to the question under discussion.
4.4 Rulings by Presiding Officer. The presiding officer shall rule on points of privilege,
points of procedure or order, and withdrawals of motions, subject to the right of any
member to appeal to the Council as set forth in Article 9 of these Rules. See Sections
9.3, 9.4, 9.5, 9.6, and 9.8.
4.5 Questions to be Stated. The presiding officer shall state all questions submitted for a vote
and announce the result. A roll call vote shall be taken on all votes.
4.6 Substitution of Mao. In the event the Mayor must relinquish the chair, the Mayor shall
call upon the Mayor Pro -Tem to preside if the Mayor Pro -Tem is present. If the Mayor
Pro -Tem is not present, the Mayor may call upon the most senior Councilmember (by
time of service on the Council) present to preside, but such substitution shall not continue
beyond adjournment of that meeting.
ARTICLE 5.
APPOINTMENT PROCEDURES
5.1 Appointment Procedure for the Mayor Pro Tem.
(a) The Council will discuss, and with a majority vote, appoint the Councilmember to
serve as the Mayor Pro Tem for the City.
(b) The appointed Mayor Pro Tem must be a Councilmember and must meet the
qualifications of Section 4.02 of the City Charter. In addition, to be appointed to
the position of Mayor Pro Tem, a Councilmember must be an elected member of
Council.
02 -10 -2015 Revised 3
(c) Term dates for the Mayor Pro Tem position will begin in February and August of
each year (the election dates offset by three (3) months). Terms will sequentially
rotate according to Councilmember place.
(d) If the Councilmember place that is up for appointment as Mayor Pro Tem is
vacant or is held by a Councilmember who is not qualified to serve as Mayor Pro
Tem, the Mayor Pro Tem appointment will go to the next qualified
Councilmember.
(e) The position will have a term of office of six (6) months.
(f) The appointed Mayor Pro Tem may be removed by Council by a two - thirds (2/3)
majority vote of the members of Council at any time during his or her term.
(g) Council reserves the right to alter this procedure at any time by resolution or rule.
5.2 Appointment Procedure for a Councilmember.
(a) The Council may appoint a Councilmember to a vacant seat as authorized by
Section 4.06 of the City Charter.
(b) The Council will announce and advertise on the City's website and in the City's
newspaper of record that applications are being accepted for a vacant position on
Council.
(c) A due date for applications to be submitted will be set.
(d) Applicants must meet the qualifications for a Councilmember set forth in Section
4.02 of the City Charter.
(e) Applications will be received by the City Secretary's office and distributed to all
Councilmembers.
(f) An interview date will be set and posted for a public meeting.
(g) Interviews of prospective candidates will be held in a public forum by a quorum
of Councilmembers.
(h) Councilmembers will discuss, and appoint by majority vote, the new member of
Council at either the same meeting as the interviews or at a subsequent Council
meeting.
(i) The Council is the final judge of whether a candidate is qualified to serve as a
Councilmember as set forth in Section 4.03 of the City Charter.
0) Council reserves the right to alter this procedure at any time by resolution or rule.
02 -10 -2015 Revised 4
ARTICLE 6.
ORDER OF BUSINESS
6.1 Agenda. The City Manager and the City Secretary shall prepare an agenda for each
meeting of the Council. Items may be placed on the agenda by the City Manager (or in
his absence any Assistant City Manager), the Mayor, or any Councilmember, except that
a Councilmember directing that an item or items be placed on an agenda must do so in
open session, during a properly posted meeting of the Council. Items placed on the
agenda by the City Manager (or in his absence any Assistant City Manager) may be
removed only by the City Manager (or any Assistant City Manager) and he /she may do
so at any time that permits the agenda for the Council meeting to be properly posted by
the City Secretary's Office under the Texas Open Meetings Act. Items placed on an
agenda by the Mayor may be removed only by the Mayor, and he /she may do so at any
time that permits the agenda for the Council meeting to be properly posted by the City
Secretary's Office under the Texas Open Meetings Act. Items placed on the agenda by a
Councilmember may be removed only by that specific Councilmember, and he /she may
do so at any time that permits the agenda for the Council meeting to be properly posted
by the City Secretary's Office under the Texas Open Meetings Act.
(a) Information Required. Any item to be on the agenda must be provided to the
City Manager pursuant to a procedure established and modified by the City
Manager from time to time. Each item on the agenda must contain sufficient
information so that full disclosure of the item to be addressed is present so as to
alert the Council and the public of the topic to be considered.
(b) Order of Listing Items; Sponsor and Responsible Staff. The agenda shall list all
items for consideration in a format recommended by the City Manager. The name
of the person or persons placing an item on the agenda and the name of any
expected staff presenter shall be stated on the agenda.
(c) Copy Provided to Mayor and Council Members. The City Secretary shall furnish
the Mayor and each Councilmember a copy of the agenda, including the proposed
ordinances, resolutions, petitions, notices, or other materials as required. Copies
of attachments and background material will generally be provided for the initial
presentation only and should be retained by the Mayor and the Councilmembers
until such time as the item is finalized.
(d) Copy Available to Public. A copy of the agenda, with or without attachments as
determined by the City Manager, shall be made available to the public at City
Hall prior to the meeting. Copies of the agenda shall be available to the public at
the meeting.
(e) Order; Exception. The ordinances, resolutions, and other proposed actions shall
be taken up and disposed of by the Council in the order listed in the agenda,
subject to the right of the presiding officer to take up matters in a different order.
6.2 Communication to Mayor and Council. The City Manager shall provide the Council with
a copy of each ordinance or resolution and appropriate analysis of items proposed to be
acted upon by the Council at a meeting. These communications shall be delivered to the
02 -10 -2015 Revised 5
Mayor and Councilmembers along with the agenda. This information should also be
retained by the Mayor and Councilmembers until such time as the item is finalized. Staff
members, in making presentations to Council at a meeting of the Council, should
endeavor to restrict their presentations to five (5) minutes, excluding responses to
questions by the Mayor and/or Councilmembers.
6.3 Approval of Minutes. Minutes may be approved without public reading if the City
Secretary has previously furnished the Mayor and each Councilmember with a copy
thereof.
6.4 Presentations by Members of Council. The agenda shall provide a time when the Mayor
and each Councilmember may bring before the Council any business that person believes
should be brought up during the "Requests by Mayor and Councilmembers" and
"Announcements by Mayor and Councilmembers" portions of the agenda. These matters
need not be specifically listed on the agenda unless the person desiring to make a
comment knows prior to posting of the agenda that he /she will make such comment. In
response to an unposted comment, there (1) may only be a statement of factual
information in response, (2) a recitation of existing City policy, or (3) discussion
regarding a proposal to place the subject on the agenda for a subsequent meeting.
6.5 Consent Agenda. At the direction of the City Manager (or in his absence an Assistant
City Manager) with respect to items believed to be non - controversial, the City Secretary
shall place multiple items on a "Consent Agenda" portion of the agenda, subject to the
right of the Mayor or any Councilmember to request at the meeting that any one or more
of such items be removed from the Consent Agenda for individual consideration. First
readings of ordinances shall in all events be posted for individual consideration and shall
not be included on the Consent Agenda.
ARTICLE 7.
CONSIDERATION OF ORDINANCES, RESOLUTIONS, AND MOTIONS
7.1 Printed, Typewritten, or Electronic Form. All ordinances and resolutions shall be
presented to the Council only in printed, typewritten, or electronic form.
7.2 City Manager Review. All ordinances and resolutions shall be reviewed by the City
Manager or his designee.
7.3 City Attorney to Approve. All ordinances and resolutions shall be approved as to form
and legal content by the City Attorney, when requested by the Mayor or the City
Manager.
7.4 Funding. All actions authorizing an expenditure of money shall include the exact source
of the funds to be expended.
7.5 Reading of f Caption Only. Upon being introduced, each proposed ordinance or resolution
shall be read by caption only.
7.6 Ordinances —Two Readings; Emergencies. Ordinances introduced at a Council meeting
shall not be finally acted upon until at least the next regular meeting, except that
02 -10 -2015 Revised 6
immediate action may be taken upon an emergency as determined by the Council in
accordance the Charter or State law.
7.7 Recording of Votes. The ayes and nays shall be taken upon the consideration of all
ordinances and resolutions and shall be entered in the minutes of the Council.
7.8 Vote Required. Approval of every ordinance, resolution, or motion, unless otherwise
required by these Rules, the Charter, or State law, shall require the affirmative vote of
three (3) Councilmembers who are present and eligible to vote.
7.9 Tie Vote. In the event of a tie in votes on any motion, the Mayor shall cast the decisive
vote in accordance with Section 4.05 of the Charter. Other Councilmembers acting as
presiding officer shall not be restricted to voting only in the event of a tie.
7.10 Numbering Ordinances and Resolutions. After approval of a resolution or an ordinance
on second reading or on a single reading as an emergency, the City Secretary shall assign
a number to each ordinance or resolution within the records of the City.
7.11 Ordinance Passage Procedure. After passage, an ordinance shall be signed by the
presiding officer and shall be attested by the City Secretary or Deputy City Secretary, and
it shall be filed and thereafter preserved in the office of the City Secretary.
ARTICLE 8.
RULES OF DECORUM
8.1 Recognition by presiding officer. Subject to Section 8.5, No person shall address the
Council without first being recognized by the presiding officer.
8.2 Order. While the Council is in session, the Councilmembers must preserve the order and
decorum of the meeting, and a Councilmember shall neither, by statement or otherwise,
delay or interrupt the proceedings or the peace of the Council or disturb any other
Councilmember while speaking or refuse to obey the orders of the presiding officer.
Councilmembers are expected to remain on the dais during a Council meeting unless they
have good cause to vacate.
8.3 Presiding Officer. The Mayor or the Mayor Pro -Tem or such other member of the
Council who is serving as the presiding officer may participate in debate, subject only to
such limitations of debate as are the rights and privileges of a Councilmember by reason
of such Councilmember acting as the presiding officer. If the presiding officer is
engaged in debate and is, at the insistence of three (3) Council members, abusing the
position of the presiding officer, the presiding officer must relinquish the chair to the
Mayor Pro -Tem, or in his /her absence, to the next most senior Councilmember (by time
of service on the Council) present. The Mayor Pro-Tern or such other member, other
than the Mayor, who is serving as presiding officer may move, second, and debate from
the chair, subject only to such limitations of debate as are the rights and privileges of a
Councilmember by reason of the member acting as the presiding officer.
02 -10 -2015 Revised 7
8.4 Improper References to be Avoided. When a Councilmember has the floor pursuant to
Section 2.5 or 8.5, he /she shall avoid all references to personalities and indecorous
language.
8.5 Interruptions. A Councilmember, once recognized, shall not be interrupted by the Mayor
or another Councilmember when speaking unless it is to raise a point of privilege
(Section 9.4) or a point of procedure or order (Section 9.5), or to enter a motion to
withdraw a previously- stated motion (Section 9.8), or as otherwise provided in these
Rules. If a Councilmember, while speaking, is interrupted as set forth herein, the
Councilmember so interrupted should cease speaking until the question is determined.
ARTICLE 9.
MOTIONS AND MEETING PROCEDURES
9.1 Motions. A Councilmember, after he /she obtains the floor, or the Mayor may make a
motion on the particular subject of discussion or a procedural point as permitted. A
"Second" to the motion, if required, must be made by a Councilmember who did not
make the motion within a reasonable but brief time period. The Mayor may not
"Second" a motion. A motion or a "Second" merely implies that the maker of the motion
and the person who "Seconds" agree that the motion should come before the meeting and
not that he /she necessarily favors the motion. Without a "Second ", if required, the
motion dies.
9.2 Debate. Debate, if permitted, must be limited to the merits of the issue under discussion
as stated by the presiding officer.
9.3 Motion Procedures. There are twelve (12) types of motions in three (3) categories:
Meeting Conduct Motions (4 types), Disposition Motions (7 types), and Main
Motions(1 type) *. When any motion is pending, any motion listed above it on the chart
below is in order; those below it are out of order.
Motion
May
Interrupt
Speaker
Second
Required
Debatable
Amendable
Resolved
by Chair
No Vote
Affirmative
Vote by 3
Council-
members
2/3
Vote
A. Meeting Conduct Motions
1. point of privilege
yes
no
no
no
yes
no
no
2. point of procedure or order
yes
no
no
no
yes
no
no
3. to appeal a ruling
no
yes
yes
no
no
yes
no
4. to recess
no
yes
yes
yes
no
yes
no
B. Disposition Motions
5. to withdraw
yes
no
no
no
yes
no
no
6. to postpone
no
yes
yes
yes
no
yes
no
7. to refer
no
yes
yes
yes
no
yes
no
Sections 9.3 through 9.14 are included by permission of Donald A. Tortorice, The Modern Rules of Order,
ABA Publishing, 2nd Edition.
02 -10 -2015 Revised 8
8. to amend
no
yes
yes
yes
no
yes
no
9. to limit or close debate or
"call the question"
no
yes
yes
yes
no
no
yes
10. to extend debate
no
I yes
yes
yes
1 no
yes
no
11. to count the vote
no
yes
no
no
sy
no
no
no
C. Main Motions
12. to reconsider
yes
yes
if original
motion
was
debatable
no
no
yes
no
13. to rescind
no
yes
yes
yes
no
no
yes
14. to take action
no
yes
yes
yes
no
Yes * **
no
9.4 Point of Privilege. A point of privilege, sometimes called a point of personal privilege, is
a communication from a Councilmember to the presiding officer, drawing urgent
attention to a need for personal accommodation. For example, the point may relate to an
inability to see or hear, a matter of comfort, a matter of requested convenience, or an
overlooked right of privilege that should have been accorded to the Councilmember(s).
In essence, it is a call to the presiding officer for the purpose of assuring a
Councilmember's convenient and appropriate participation in the meeting. Because of its
urgent nature, a point of privilege can interrupt a speaker. Because it is addressed to the
attention of and action by the presiding officer, it cannot be debated or amended, and no
vote is required.
9.5 Point of Procedure or Order. A point of procedure, sometimes called a point of order, is a
question addressed to the presiding officer, no seconding is required, and either inquiring
into the manner of conducting business or raising a question about the propriety of a
particular procedure. It is simply an inquiry and is resolved by correction or clarification
by the presiding officer. A point of procedure can interrupt a speaker. Because it is
addressed to the attention of and action by the presiding officer, a second is not required,
and it cannot be debated or amended, and no vote is taken.
9.6 To Appeal a Ruling. Decisions or rulings of the presiding officer are final on questions
of procedure, except that any ruling by the presiding officer's ruling can be appealed to a
vote of the Council. Whenever a Councilmember questions the appropriateness or
essential fairness of the presiding officer, that member can appeal the ruling to a vote of
the meeting. If, however, a motion is out of order as a matter of law (not a proper subject
of the meeting, improper notice given, etc.), the presiding officer's ruling cannot be
appealed. A motion to appeal cannot interrupt a speaker. To prevent frivolous appeals, a
second is required. The motion is subject to debate (which should be brief) and, by its
nature, is not amendable. To overrule a procedural decision of the presiding officer, an
affirmative vote of three (3) Councilmembers is required.
9.7 To Recess. A motion to recess requests a brief interruption of the meeting's business,
usually so that an ancillary matter can be addressed, or simply to provide a needed break.
Mandatory if seconded; no vote required
02 -10 -2015 Revised 9
Unless stated in the motion, the period of recess is decided by the presiding officer. If
necessary, a recess can extend the meeting from one day to another, subject to State law.
The motion cannot interrupt a speaker, and a second is required. It is debatable, it can be
amended, and an affirmative vote of three (3) Councilmembers is required.
9.8 To Withdraw. Only the maker of the motion can make a motion to withdraw it. It is
essentially a communication to the presiding officer that the maker is withdrawing his /her
proposal. This is the maker's privilege; thus, it does not require a second. Because the
withdrawal motion obviates discussion, it can interrupt a speaker. In addition, because
another Councilmember later can make a similar motion, a withdrawal motion is not
subject to debate, amendment, or vote. The presiding officer should simply state that the
motion is withdrawn, and the meeting should proceed with a new treatment of the issue at
hand—or a new issue.
9.9 To Postpone or Extend. These motions may arise from a need for further information, a
matter of convenience, or for any other reason that will enable the Council to deal with
the issue more effectively during the same meeting or at a later time. Unless otherwise
specifically provided in the motion itself, a postponed or extension motion can be
renewed at a later appropriate time during the meeting or, if properly posted, at a later
meeting. This motion cannot interrupt a speaker. It requires a second, it is debatable, and
it is amendable (particularly as to postponement, timing), and an affirmative vote of three
(3) Councilmembers is required.
9.10 To Refer. A motion to refer is typically used to submit an issue to a committee, usually
for study leading to a subsequent recommendation. Because it ordinarily disposes the
motion for purposes of the current meeting, a motion to refer is subject to the same rules
that apply to a main motion. (See Section 9.14). This motion cannot interrupt a speaker,
and a second is required. It is debatable and amendable, and an affirmative vote of three
(3) Councilmembers is required.
9.11 To Amend. A motion to amend proposes a change in the wording of a motion then under
consideration. When a motion to amend is pending and an amendment to the amendment
is proposed, the presiding officer should focus discussion on the latest amendment,
resolve that question, then proceed to the first amendment before continuing discussion
on the main motion. Votes on amendments are thus in reverse order of the sequence in
which they are proposed. A motion to amend cannot interrupt a speaker. It requires a
second, and it is debatable and amendable. An affirmative vote of three (3)
Councilmembers is required for approval of the amendment. Note that State law may
restrict amendments to proposals that are required to be set forth in the notice of the
meeting.
9.12 To Limit or Close Debate or "Call the Question". Because the extent to which an issue is
discussed rests primarily with discretion of the presiding officer, it is the presiding officer
who carries the burden of ensuring that adequate time and discussion are given to
differing points of view. A motion to limit or close debate is therefore an overruling of
the presiding officer's determination. A motion to close debate is the same as a motion to
"call the question ". Because this motion affects the most fundamental right of any
Councilmember, the right to speak one's views, it is the only procedural motion that
requires an affirmative vote of two - thirds of participants voting.
02 -10 -2015 Revised 10
9.13 To Count the Vote. A motion to count the vote should be limited to those circumstances
where the convenient hearing of "yeas" and "nays" cannot clearly resolve the issue. It
represents the right of a Councilmember to have a vote demonstrated by count. That
count can be directed by the presiding officer either as a showing of hands or a standing
of voting members while the vote is recorded. Upon completion of the count, the
presiding officer announces the result —and final disposition of the issue voted upon.
This motion cannot interrupt a speaker. It requires a second; it is neither debatable nor
amendable; and, because of the importance of the matter, it should be considered
mandatory; thus, no vote is required.
9.14 Motion to Reconsider. Allows a main motion to be brought back before the City Council
for consideration. May be made only at the meeting at which the vote to be reconsidered
was taken. It may be made by any member of City Council. Any City Council member
may second it. It can be made while any other question is pending, even if another
member has the floor. It requires a majority vote to pass. A motion may only be
reconsidered twice. If the reconsideration is moved while another subject is before the
City Council, it cannot interrupt the pending business, but, as soon as the pending
business has been disposed of the motion has the preference over all other main motions
and general business of the agenda. In such a case the Mayor does not state the question
on the reconsideration until the immediately pending business is completed.
9.15 Motion to Rescind. The motion to rescind is a main motion without any privilege, may
only be made when there is nothing else before the City Council and must be made at the
same meeting at which the subject matter of the motion was considered and it requires a
two - thirds vote of the City Council members. It cannot be made if a motion to reconsider
has been previously made. The motion to rescind can be applied to votes on all main
motions with the following exceptions: votes cannot be rescinded after something has
been done as a result of that vote that the City Council cannot undo; or, where a
resignation has been acted upon, or one has been appointed to, or expelled from, a
committee or office, and was present or was officially notified. In the case of expulsion,
the only way to reverse the action afterwards is to restore the person to the committee or
office, which requires the same preliminary steps and vote as is required for the original
appointment.
9.16 To Take Action; Main Motions. Main motions state proposed policy or action on a
substantive issue being considered by the Council. As such, the motion is an initial call
to take particular action. Although lowest in precedence among all motions, main
motions are clearly the most important: through their content, the business decisions of
the Council are determined. A main motion can be made only when a prior main motion
has been disposed of. It cannot interrupt a speaker; a second is required; it is debatable
and amendable; and an affirmative vote of three (3) Councilmembers is required unless a
greater vote is prescribed by the Charter or State law.
9.17 Effect 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.
02 -10 -2015 Revised 11
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
10.1 Warning. All persons other than a recognized speaker shall, at the request of the
presiding officer, be silent. If, after receiving a warning from the presiding officer, a
person persists in disturbing the meeting, the presiding officer may order the person to
leave the meeting. The Chief of Police, or such member or members of the Police
Department or other persons as the presiding officer may designate, shall be sergeant -at-
arms of the Council meetings. If the person so requested does not leave the meeting, the
presiding officer may order the sergeant -at -arms to remove such person.
10.2 Removal. Any designated sergeant -at -arms shall carry out all orders and instructions
given by the presiding officer for the purpose of maintaining order and decorum at the
Council meeting. Upon instruction of the presiding officer, it shall be the duty of the
sergeant -at -arms to remove from the meeting any person who intentionally disturbs the
proceedings of the Council (or successor provision of law).
10.3 Resisting Removal. Any person who resists removal by the sergeant -at -arms shall be
charged with violating Section 42.05 (a) of the Texas Penal Code.
10.4 Motions to Enforce. Any Council member may move to require the presiding officer to
enforce these Rules and the affirmative vote of a majority of the Councilmembers present
and eligible to vote shall require the presiding officer to do so.
10.5 Adjournment. In the event that any meeting is willfully disturbed by a person or groups
of persons so as to render the orderly conduct of such meeting unfeasible and when order
cannot be restored by the removal of the individuals who are creating the disturbance, the
meeting may be adjourned and the remaining business considered at the next regular or a
special meeting or, subject to State law, may be recessed to a set time and date.
ARTICLE 11.
CREATION OF COMMITTEES, BOARDS, AND COMMISSIONS
11.1 Standing Committees. The Council may create committees, boards and commissions to
assist in the conduct of the operation of the City government with such duties as the
Council may specify not inconsistent with the Charter, the Code of Ordinances, or State
02 -10 -2015 Revised 12
law. Membership and selection of members shall be as determined by the Council if not
specified by the Charter, the Code of Ordinances, or State law. No person may
concurrently serve on more than one Board unless, by virtue of his /her position on the
Council, he /she also holds a position on another Board. Persons related within the second
degree by affinity or consanguinity to the Mayor or any member of the Council shall not
be eligible to serve on a standing committee. No standing committee so appointed shall
have powers other than advisory to the Council or to the City Manager, except as
otherwise specified by the Charter, the Code of Ordinances, or State law.
11.2 Special Committees. The Council may, as the need arises, authorize the appointment of
"ad hoc" Council committees. Except where otherwise specifically provided by the
Charter, the Mayor and the City Council shall appoint the members of the special
committees. Any committee so created shall be given a "mission statement" directing its
activities. Any special committee shall cease to exist upon the accomplishment of the
special purpose for which it was created or when abolished by a majority vote of the
Councilmembers present and entitled to vote.
ARTICLE 12.
CITIZENS' RIGHTS
12.1 Addressing the Council. Any person desiring to address the Council by oral
communication shall first secure the permission of the presiding officer.
12.2 Manner of Addressing the Council — Time Limit. Each person addressing the Council
shall speak at the podium into the microphone (or at another designated location), shall
give his /her name and address in an audible tone of voice for the record, and, unless
further time is granted by the Council, shall, subject to Section 12.4 below, limit his /her
remarks to three (3) minutes or less. All remarks shall be addressed to the Council as a
body, and not to any individual member thereof. No person, other than members of the
Council or City staff (when requested by the presiding officer) and the person having the
floor, shall be permitted to enter into any discussion, either directly or through the
members of the Council, unless requested or approved by the presiding officer. No
questions shall be asked the Councilmembers, except through the presiding officer.
Responses to questions may be limited as required by State law.
12.3 Personal and Slanderous Remarks. Any person making personal, impertinent, or
slanderous remarks, or who shall become boisterous, either while addressing the Council
or otherwise while in attendance at a Council meeting, may be requested to leave the
meeting, pursuant to Article 10 of these Rules, and may be removed from the meeting if
necessary for the conduct of the remainder of the meeting.
12.4 Public Hearings. After being recognized by the presiding officer, interested persons, or
their authorized representatives, may address the Council with respect to the subject
matter of a public hearing being conducted. The presiding officer may establish
procedures at a public hearing to limit the amount of time (which, unless modified by the
presiding officer, shall be as set forth in Section 12.2 above) interested persons may
speak, subject to the Councilmembers' right to appeal the presiding officer's ruling
pursuant to Section 9.6. Subject to modification by the presiding officer, and subject to
the Councilmembers' right of appeal pursuant to Section 9.6, the normal order of a public
02 -10 -2015 Revised 13
hearing is as follows: (i) the opening of the hearing and the establishment, if any, of a
modified public hearing procedure by the presiding officer; (ii) address to the Council by
any interested person(s); (iii) discussion by the Mayor and Councilmembers, including
requests for information from City staff or any person(s) who addressed the Council; and
(iv) action by the Council, if any is posted on the agenda relating to the hearing.
12.5 Written Communications. Interested persons, or their authorized representatives, may
address the Council by written communication in regard to any matter concerning the
City's business or over which the Council has control at any time by direct mail or by
addressing the City Secretary, who shall, on the request of the writer, distribute copies to
the Councilmembers.
12.6 Hearing of Residents. There shall be included on the agenda of each City Council
meeting an item labeled "Hearing of Residents ". After being recognized by the presiding
officer, members of the public (giving precedence to residents of the City) may address
the Council on items on or not on the agenda at that time, providing they have completed
the "Hearing of Residents" form, unless authorized by the presiding officer. The form
shall be made available to persons wishing to address the Council prior to the calling of
the meeting to order and such completed form shall be made available to the presiding
officer prior to the calling of the meeting to order. The persons signed up for "Hearing of
Residents" must speak during the "Hearing of Residents" portion of the meeting.
Councilmembers and members of City staff may not discuss unposted items nor take any
action thereon other than to (1) make a statement of factual information, (2) make a
statement of existing City policy, or (3) discuss placing the item on a future agenda.
Persons speaking shall be subject to the time limits set forth in Section 12.2, unless
otherwise authorized by the presiding officer.
ARTICLE 13.
COUNCIL AND STAFF RELATIONS
13.1 City Manager to Provide Information. The City Manager is directly responsible for
providing information to all the Councilmembers concerning any inquiries by a specific
Councilmember. If the City Manager or his staff's time is being dominated or
misdirected by a Councilmember, it is his responsibility to inform the Mayor or the
Council as a whole.
13.2 City Manager's Responses to Requests. The City Manager is expected to respond in a
timely manner to the Council and Councilmember's requests. When information is
requested, the City Manager will estimate a reasonable time frame for collecting the
requested information.
(a) If the City Manager disagrees with the request, he should say so and explain his
position.
(b) If the City Manager disagrees with individual directives, he should initiate
clarification of the Council's will with regard to the individual
Councilmember's request.
02 -10 -2015 Revised 14
(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.
13.3 Directions to City Manager. During meetings of the Council, unless a vote is taken, a
consensus of the Councilmembers present will be required to direct the City Manager to
take any action.
13.4 City Manager's Duty to Inform. The City Manager is responsible for keeping the
Council informed. The Council should be provided weekly reports outlining progress on
outstanding issues as well as information on new issues and opportunities. Additionally,
the Council should be informed of City news prior to release of such information to the
community, newspaper(s), or other governmental entities, etc.
13.5 Customer Concerns. It is the responsibility of the City Manager to establish procedures
for handling customer concerns in all departments with prompt feedback to citizens and
Councilmembers.
13.6 City Manager /Council Relations. The City Manager should strive to maintain positive
relations with the Council by following these guidelines:
(a) Work to establish mutual trust with the Council.
(b) Maintain open lines of communication with the Council and keep Council
informed.
(c) Inform all Councilmembers of educational opportunities, recognizing that an
educated Council is in the City's best interest.
(d) Include the Council in City- sponsored employee social events.
(e) Conduct orientation sessions for new Councilmembers, including a tour of City
buildings and introductions to staff.
Amended: November 12, 2014
02 -10 -2015 Revised 15
Agenda No. 3
CITY COUNCIL MEMORANDUM
City Council Meeting: February 10, 2015
Department:
Subject:
BACKGROUND
Public Works
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. Final Reading
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.
City Council approved this on first reading at their meeting of February 3, 2015.
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 on final reading.
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.
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 6.
This Ordinance shall be in full force and effect from and after its final passage and any
publication required by law.
Passed and approved on the first reading this 3rd day of February, 2015.
PASSED AND APPROVED ON FINAL READING this 10th day of February, 2015.
Michael R. Carpenter, Mayor
ATTEST:
Brenda Dennis, City Secretary
City of Schertz
Schedule of Fees
Water &Sewer 1 2013 -14 2014 -15
Summary of Changes
Wholesale Water Distribution Rate
Base Rate, per month
3 Inch Compound Meter
3 Inch Turbine Meter
4 Inch Compound Meter
4 Inch Turbine Meter
6 Inch Compound Meter
6 Inch Turbine Meter
8 Inch Compound Meter
8 Inch Turbine Meter
10 Inch Compound Meter
10 Inch Turbine Meter
12 Inch Turbine Meter
Wholesale Water Distribution Rate, per 1,000 gallons
Available by agreement to distributors with a self- maintained water
distribution service, Military Bases, and for temporary use until resuse water
is made available in a particular area.
N/A
$ 315.28
N/A
$ 472.92
N/A
$ 492.63
N/A
$ 827.62
N/A
$ 985.26
N/A
$ 1,812.88
N/A
$ 1,576.80
N/A
$ 3,153.60
N/A
$ 2,266.65
N/A
$ 4,927.50
N/A
$ 6,504.30
N/A $ 2.27
January 9 2015
Economic and Financial Consulting
Mr. Sam Willoughby
Director— Public Works
City of Schertz
10 Commercial Place Bldg. 2
Schertz TX 78154
Dear Mr. Willoughby:
Per your request we have completed a preliminary estimate of a wholesale water rate to be charged by
the City of Schertz to the City of Cibolo and other wholesale customers. As we discussed, this rate is
based on data from the 2012 -2013 rate study and long -term financial plan prepared by Economists.com.
Because we are using volume and budget data that is now two years old, the numbers quoted in this
summary letter should be considered to be highly preliminary and subject to potentially significant
change. We anticipate that when we prepare an updated rate study and long -term financial forecast in
2015, we will update the wholesale rate accordingly.
Table 1 on the following page summarizes our calculations. As shown in the table, we are
recommending that the City of Schertz implement an initial wholesale rate of $2.27 per 1,000 gallons to
all of its wholesale customers.
Additionally, each wholesale customer should pay a monthly base charge based on the size of the meter
used to provide service to that customer. The City's water rate structure contains monthly charges for all
of its customers based on meter size, and these charges are used to offset the City's fixed costs,
including a portion of its debt service. This means that each wholesale customer should pay a base
charge by its individual meter size and the volumetric rate of $2.27 for every thousand gallons used.
The volumetric rate is approximately 17% lower than the effective rate the City currently charges to its
retail customers.
This initial wholesale rate is based on the following assumptions:
5500 Democracy Drive Ste. 130 Plano TX 75024 (972) 378 -6588 (972) 378.6988 fax diackson(@economists.com
web site: www.economists.com
1) One potential wholesale customer, the City of Cibolo, at present does not purchase any water
from the City of Schertz. However, Cibolo expects purchases to commence by the beginning of
FY 2016 (September 2015). The purchases will be for a new development that is expected to
add 300 homes in the FY 2016 -2017 period (150 homes per year). The average house is
assumed to consume 10,000 gallons per month. Therefore at buildout Cibolo is forecast to
purchase approximately 36,000,000 gallons per year from the City.
2) Wholesale customers will not require the use of the City of Schertz's entire distribution system.
Wholesale customers will only require the use of transmission lines 12" and above to serve each
of them. This amounts to approximately 73.1 miles or 34.3% of Schertz's existing system.
Therefore only this portion of Schertz's distribution system is allocated to wholesale customers.
This is the principal reason why the wholesale rate is lower than the effective retail rate for the
City's other customers.
3) The baseline for the rate calculation is the current SSLGC rate of $1.55 per 1,000 gallons, which
is the rate paid for treated water by the City of Schertz. To this base rate is added distribution,
customer and administration costs, as well as a designated 10.0% risk premium.
4) The calculation is based on the test year 2013, the test year utilized in the rate study. Volume
data for retail customers is based on the FY 2012 actuals.
5) The calculation assumes no take -or -pay minimums are implemented by the City. The City may
want to consider implementing take -or -pay totals in its wholesale contracts.
5500 Democracy Drive Ste. 130 Plano TX 75024 (972) 378 -6588 (972) 378.6988 fax djackson @economists.com
web site: www.economists.com
Table 1
CITY OF SCHERTZ
PRELIMINARY WHOLESALE RATE CALCULATION
Retail Rate Wholesale Rate
Total System Wholesale Customers
Total Cost of Service
FY 2016
$ 4,452,676
$ 40,730
FY 2017
4,612,877
80,974
FY 2018
4,869,919
82,217
Forecast Consumption (Gallons)
FY 2016
1,703,487,153
18,000,001
FY 2017
1,738,883,313
36,000,002
FY 2018
1,756,088,324
36,000,002
Effective Rate Per 1,000 Gal
FY 2016
2.61
2.26
FY 2017
2.65
2.25
FY 2018
2.77
2.28
Average
2.68
2.27
In summary, we believe this initial, preliminary calculation is just and reasonable and in accordance with
generally accepted cash -basis ratemaking principles. However, as stated earlier, we believe that the
wholesale rate should be examined in more detail during the upcoming 2015 rate study and long -term
financial plan. As part of this new study budget and consumption totals will be updated, and more refined
forecasts of future Cibolo and other wholesale customer usage will be employed.
Thank you for the opportunity to assist you. Please call me if you have any questions.
Very Truly Yours,
Dan V. Jackson
Managing Director
5500 Democracy Drive Ste. 130 Plano TX 75024 (972) 378 -6588 (972) 378 -6988 fax diackson @economists.com
web site: www.economists.com
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Agenda No. 4
CITY COUNCIL MEMORANDUM
City Council Meeting: February 10, 2015
Department: Public Works
Subject:
Resolution No. 15 -R -11 — A
Resolution by the City Council of the
City of Schertz, Texas authorizing
the application for two Grant
Applications with the County of
Bexar in the State of Texas for U.S.
Department of Housing and Urban
Development Community
Development Block Grant Program
(CDBG) Funding and all other
matters in connection therewith
BACKGROUND
Staff is requesting authorization to apply through the Bexar County Community Resources
Department Community Development and Housing Division for two Community
Development Block Grants (CDBG). The funds would be used for a water line project and a
drainage project. As part of the requirement to apply for the grants, Staff attended a public
hearing held by Bexar County on February 5, 2015 in Converse and the Public Works
Department announced that pending City Council approval; the following two projects would
have applications submitted for the grant program:
Priority #1: Aviation Heights Phase 5 Water Line Upgrades Project. Total project cost:
$478,401. Grant amount being applied for: $239,200.50. City match proposed: $239,200.50
to be paid from the Water Construction Fund.
Priority #2: Pickrell Park Drainage Improvement Project. Total project cost: $233,408. Grant
amount being applied for: $116,704. City match proposed: $116,704 to be paid from the
Drainage Construction Fund.
Staff has determined the above mentioned projects to be priorities for both water and
drainage improvements within the City. The existing 2 "— 6" water mains in Aviation
Heights are over 50 years old and are a combination of steel pipes joined together with lead
packing gaskets or asbestos cement pipes and carry no fire protection services for the area.
This would be Phase 5 of approximately 8 phases of the entire project. This project
encompasses the following streets associated with the homes fronting the following streets:
Brooks Avenue (Lindbergh Ave to 606 Brooks Ave); Aero Avenue (Oak Street to 710 Aero
Ave); Winburn Avenue (Randolph Ave to Schertz Elementary). Upon completion of the new
waterline residents will experience fewer interruptions from line breaks, improved water
service and better fire protection. This section of the system will meet Texas Commission on
Environmental Quality specifications.
The drainage in Pickrell Park needs to be improved so that the ditch that runs through the
center of the park drains more efficiently after a major rain event. During major rain events
this ditch floods, bypassing the banks and flows into the lower lying areas of the park. This
causes issues during special events as well as limits access to the park by patrons. The
standing water and rushing water that passes through the area after a major rain event can
become a health and safety issue. The improvements will include the boring and installation
of two 48" culvert pipes under FM 1518 to help drain the area into the Cibolo Creek in a
more efficient manner.
If approved, the CDBG Grant will fund a partial amount of one of the above mentioned
projects. While no minimum match is required, Staff feels the one to one match being
proposed provides a better the chance of being awarded the grant.
The City has been awarded grants from CDBG in the past and those include the Hillbrook
Water Line Installation Project in 2010 and the Pickrell Park ADA Walkway Project that was
recently awarded in 2014. The project is currently underway.
Staff requests approval to apply for funding for the CDBG Grant Program for a matching
grant for a Water Improvement Project in Aviation Heights as well as a Drainage
Improvement Project in Pickrell Park.
Goal
To authorize approval to apply for a U.S. Department of Housing and Urban Development
Community Block Grant administered through Bexar County.
Community Benefit
Through the use of a grant, the City is able to partially offset costs and better utilize
project funds to complete necessary water and drainage projects.
Summary of Recommended Action
Approval of Resolution 15 -R -11 granting permission to the City of Schertz Public Works
Department to apply for funding for the 2015 CDBG Grant Program for a Water
Improvement Project in Aviation Heights as well as a Drainage Improvement Project in
Pickrell Park.
FISCAL IMPACT
If grants are awarded as requested, the fiscal impact of the Water Improvement Project is
anticipated to be $239,200.50 to be paid for from the Water Construction Funds and
$116,704 for the Pickrell Park Drainage Project to be paid for from the Drainage
Construction Funds. Bexar County may or may not provide the entire amount requested; the
funding will be determined by CDBG at a later date. The City will be responsible for the
balance of the project if and when funding is approved and made available to the City. If the
grant amounts are awarded, Staff will seek Council approval to accept the grants.
RECOMMENDATION
Approval of Resolution No. 15 -R -11
ATTACHMENT(S)
Resolution 15 -R -11
CDBG Grant Application
Plans and Cost Estimate for the Water Improvement Project in Aviation Heights
Plans and Cost Estimate for the Drainage Improvement Project in Pickrell Park
RESOLUTION NO. 15 -R -11
A RESOLUTION BY THE CITY COUNCIL OF THE CITY
OF SCHERTZ, TEXAS AUTHORIZING THE
APPLICATION FOR TWO GRANT APPLICATIONS WITH
THE COUNTY OF BEXAR IN THE STATE OF TEXAS FOR
U.S. DEPARTMENT OF HOUSING AND URBAN
DEVELOPMENT COMMUNITY DEVELOPMENT BLOCK
GRANT PROGRAM (CDBG) FUNDING AND ALL OTHER
MATTERS IN CONNECTION THEREWITH
WHEREAS, the U.S. Department of Housing & Urban Development has directed the
County of Bexar, Texas to administer the Community Development Block Grant (CDBG)
Program Funds for the implementation of various infrastructure activities; and
WHEREAS, it is necessary to join with local government entities in order to receive
Community Development Block Grants (CDBG); and
WHEREAS, the City Council of the City of Schertz desires to participate in the CDBG program;
and
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
SCHERTZ AND BEXAR COUNTY, TEXAS THAT:
1. That the City Council desires to participate in the Community Development Block Grant
Program; and
2. That the City Council authorizes the Mayor and other City Officials to enter into the
necessary agreements that will allow the City to participate in the CDBG Program.
The City Council has reviewed and hereby approves applications for up to $355,904.50 for the
following activities:
Priority #1: Aviation Heights Phase 5 Water Line Upgrades Project. Total project cost:
$478,401. Grant amount being applied for: $239,200.50. City match proposed:
$239,200.50 to be paid from the Water Construction Fund.
Priority #2: Pickrell Park Drainage Improvement Project. Total project cost: $233,408.
Grant amount being applied for: $116,704. City match proposed: $116,704 to be paid
from the Drainage Construction Fund.
The City hereby approves the use of local funding sources (listed below) in the amount of
$355,904.50 to be used as the City's cash match for the activities in this application.
Water Construction Fund $239,200.50
Drainage Construction Fund $116,704
Page 1
The City hereby authorizes and directs the City Manager of the City of Schertz, or
designees to sign these applications and act on the City's behalf in all matters pertaining to these
applications.
Section 1. That the City Council desires to participate in the Community
Development Block Grant Program; and
Section 2. The City Council hereby authorizes the Mayor and other City Officials to
enter into the necessary agreements that will allow the City to participate in the CDBG program.
Section 3. 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.
PASSED AND ADOPTED, this 10th day of February, 2015.
Page 2
CITY OF SCHERTZ, TEXAS
Mayor, Michael R. Carpenter
ATTEST:
City Secretary, Brenda Dennis
(CITY SEAL)
Page 3
Bexar County Community Resources Department
Community Development and Housing Division
CDBG/HOME/ESG Program Application
Organization Name:
Project Name:
Project/Activity Address:
Project /Activity Priority (If multiple applications are submitted):
Contact Name:
Address:
Contact Telephone #:
Email Address:
Taxpayer ID #:
Contact Email:
Title:
Fax #:
DUNS Number:
PROJECT /ACTIVITY FUNDING REQUEST
All applicants are encouraged to seek additional funding sources for the project.
Funds $ Matching $ Leveraged $
Requested Funds -- Funds
Check the category, which describes the type of HUD funding requested:
1. CDBG Funding:
❑ Public Services ❑ Infrastructure ❑ Housing ❑ Public Facility
❑ Economic Development
it2r
OPPORTUNITY
2. HOME Funding: HOMEfunds require a 25% match f om other non-federal sources. The source
of match funds must be identified in your application.
❑ Homeowner Rehabilitation ❑ Homebuyer Programs
❑ Rental Housing ' ❑ Tenant -Based Rental Assistance
Will you be applying for HOME CHDO funding? ❑ Yes ❑ No
Per HOME Program rules, at least 15 percent of Bexar County's annual HOME allocation in list be set
aside for CHDO eligible housing activities. To qualms for CHDO set aside fitnds, the organization
must demonstrate that it meets certain requirements to qualms as a CHDO. If applyingfor HOME
CHDO funds, additional information may be required.
CDBG /HOME/ESG Application
3. Emergency Solutions Grant Activities: ESG funds require a 100% match from other funds. The
sources of match funds must be identified in your application.
FIStreet Outreach ❑ Emergency Shelter F] Prevention
F] Rapid Re- Housing F] HIMS Data Collection
PROJECT/ACTIVITY DESCRIPTION: May attach separate sheet for additional space.
Please provide a detailed description of the proposed project /activity -not your organization. Please list and identify
how you your project/activity will address the community need, expected goals and outcomes and who will benefit
from the project/activity.
PROJECT/ACTIVITY ELIGIBILTY SELECTION:
Check the statement that best describes the project /activity.
Low to Moderate Income Area Benefit: the project /activity benefits all residents in a particular area
where at least 51 % of residents are Low to Moderate Income persons. CDBG Infrastructure /Public
Facility Project Examples: Street Reconstruction, Sidewallcs, Water /Sewer lines, Drainage
improvements and Neighborhood facilities.
F-1 Low to Moderate Income Limited Clientele: the project/activity benefits a specific group of people
rather than all the residents in a particular area. The following groups are presumed to be Low to
Moderate Income and are also eligible under this category: abused children, elderly persons 62 years
of age and older, battered spouses /persons, homeless persons, disabled persons or illiterate persons.
CDBG Public Service Project Examples: Senior meals, After School Programs, Essential Services
such as food, utilities, clothing, Childcare Assistance, Adult Literacy Programs, etc.
F-1 Low to Moderate Income Housing: the project will add or improve permanent residential structures
that will be occupied by Low to Moderate Income household(s) upon completion. Housing can be
either owner or renter occupied units and must be offered at affordable rents. HOME Housing
Project Examples: rehabilitation or construction of permanent housing, tenant based rental assistance,
and homebuyer programs.
El Homeless: the project will provide services to individuals and families who lack a fixed, regular and
adequate nighttime residence. This includes individuals who resided in an emergency shelter or
places not meant for habitation or are exiting an institution where he or she temporarily resided.
Emergency Solutions Grant Project Examples: Rapid Re- Housing, Homeless Prevention, Street
Outreach and Data Collection.
PROJECT/ACTIVITY ACCOMPLISHMENTS AND COMPLETION:
CDBG/HOME/ESG Application 2
Please describe proposed accomplishments and completion timeframe if funding is awarded.
Accomplishments must be described in terms of households served, people served, jobs created or
improvements undertaken. Example: This program will serve 485 Low to Moderate income individuals;
this program will create 25 jobs and will be completed by September 30, 2015, etc.
Please answer the following questions:
HUD Regulation CFR 24 570.309 Restriction on location of activities requires applicants to submit
documentation illustrating that reasonable benefit at least 51 % from the activity will accrue to residents of
Bexar County's Urban jurisdiction or a participating city.
A. What is the total number of persons to be served by this project?
B. What is the total number of LMI persons/households to be served by this project?
C. What is the anticipated % of LMI persons to be served by this project?
ORGANIZATIONAL CAPACITY: Use additional sheets if needed.
Please provide detail on organization's experience, length of time in existence, skills, expertise in the field,
financial management and collaboration with other agencies. Attach a list of current officers and board
members with terms, if applicable.
BUDGET SUMMARY: Complete the appropriate Budget Summary chart on the following page and
identify sources of leveraged funding for this project /activity. Include the status of these funds i.e. cash on
hand, grants received, planned fund - raising, etc. Attach copies of funding commitment letters, other
evidence of funding support and supplemental documents that support your budget.
CDBG/HOME/ESG Application
CDBG PUBLIC SERVICE BUDGET SUMMARY:
Category
CDBG Funds
%
Leveraged
Funds
%`
Source of Leveraged Funds
Total
Salaries
FICA Total salaries x.0765)
Retirement
Life Insurance
Health Insurance
Worker's Comp. Insurance
Unemployment Insurance
Travel & Training
Travel — Local Mileage
Communication costs
(phone, long distance,
internet ) list separately
Postage
Equipment
Printing
Rent
Utilities
water, gas, electricity)
Client Benefit
(Assistance Payments to
persons/households)
Other— Pleasespecify
TOTAL:
CDBG/HOME/ESG Application
CDBG INFRASTRUCTUREXUBLIC FACILITY BUDGET SUMMARY:
Cate' o
CDBG Funds
%
Leveraged i
Funds
%
Source of Levera ed Funds
Total
Verification, Planning, Site
Visits, etc.:
Topographic Survey, Geo
Tech, etc.:
Utility Coordination:
Bid Phase:
Construction Phase:
Subcontracts:
Reimbursable/Reproductive:
Inspections:
Other Expenses:
Construction Phase:
Construction Cost Estimate:
Contingency:
Other — Specify
TOTAL:
CDBG/HOME/ESG Application
HOME BUDGET SUMMARY:
Category
HOME Funds -`
%
Leveraged
Funds
%
Source of Leveraged Funds
Total
Acquisition/Refinancing
Other
Total
Construction Cost
Contractor Price
Contingency @ %
Total
Professional Fees
Le al Fees
Engineer/Architect Fees
Environmental Review
Total
Closing and Other Fees
Bank Commitment Fee
Appraisal
Survey Fees
Insurance
Utilities
Marketing
Other - Specify
Other - Specify
Other - Specify
TOTAL
DEVELOPMENT COSTS:
CDBGIHOME/ESG Application
EMERGENCY SOLUTIONS GRANT BUDGET SUMMARY:
94igg-ou
ESG
Funding
Re uest
%
Leveraged
%
Source of Leveraged
Total Funds
Funds
Funds
Direct Financial Assistance
5. Total Program Costs Per Person (item 2 divided by item 4)
6. Total ESG Cost Per Person (item 1 divided by item 4)
Short & Medium Term Rental
Assistance
Security Deposits
Utility Deposits
Utility Payments
Moving Costs
Other - Specify
Financial Assistance Subtotal
Other Costs Related to Housing
Relocation and Stabilization
Services
Housing Search /Placement
Other - Specify
Services Subtotal
Essential Services
Activity
Activity
Essential Services Subtotal
Total ESG Request
Total Other Funds
GRAND TOTAL:
Cost Per Person Served
Program Year 2015 Request
1. ESG funding Request
2. Total Program Budget
3. ESG Request as % of Program Budget (item 1 divided by item 2)
4. # of Persons to be Served
5. Total Program Costs Per Person (item 2 divided by item 4)
6. Total ESG Cost Per Person (item 1 divided by item 4)
CDBG/HOME/ESG Application
A. THRESHOLD CERTIFICATION
In order for your application to be accepted, your organization must have attended one of the Public
Hearings and submitted all of the following items to the Bexar County Department of Community
Resources Community Development and Housing Division no later than 11:00 AM on FEBRUARY 17,
2015 at 233 N. Pecos, Suite 350, San Antonio, Texas 78207. If your organization is required to attend
Commissioners Court Public Hearing, then your organization can submit your application along with all
required documents at Commissioners Court on February 17, 2015 at 11:00 AM at 100 Dolorosa, Suite
1.20, San Antonio, Texas 78205.
o An original application with all questions completed including all supportive project and budget
documents along with one copy of the completed application. Only the original must include
support documents such as the articles of incorporation, current list of your Board of Directors and
any other application supplemental documents.
o The following attachments/ certifications:
o Articles of Incorporation
o Current List of Board of Directors
o Organization Chart
o Certified Organization Audit/Financial Statements of most recent year
❑ Copy of OMB A -133 Audit is required if $300,000 in aggregate Federal funds have
been expended, or
❑ Financial statements and Audit Determination audited by a CPA but only if not
qualified for A -133, or
❑ Profit and Loss Statement for most recently completed fiscal year
o IRS 501 (c)(3) Designation Letter - Pending letters will not be accepted
o Certificate of Liability & Workers Compensation Insurance
o Current Fiscal Year Agency Budget, including all funding sources
o An Executed Statement of Applicant Form.
o An Executed Signature Authorization Form.
I hereby confirm that this packet contains all materials required.
Signature and Printed Name
Authorized Signer
CDBG/HOME /ESG Application
B. STATEMENT OF APPLICANT
The undersigned acknowledges the following:
That, to the best of its knowledge and belief, all factual information provided is true and correct and
all estimates are reasonable.
2. That, no revised proposals /applications may be made in connection with this application once the
deadline for applications has passed.
3. That, Bexar County may request or require changes in the information submitted, and may substitute
its own figures, which it deems reasonable for any or all figures provided. That the applicant will
participate in required interviews for project assessment and cooperatively assist in the review
process.
4. That, if the project(s) is recommended and approved by the Judge and Commissioners, Bexar
County reserves the right to reduce and /or cancel the allocation if federal entitlements are canceled,
reduced, or rescinded and may require applicant to submit a revised budget and project /activity
description with reduced funding prior to the commitment of any funding.
5. That, Bexar County may require applicant to demonstrate that the proposed project/activity is
economically feasible, can be implemented in a cost effective manner identified in the completion
timeframe.
6. That, Bexar County may require applicant to provide sustainability plan.
7. That, Bexar County reserves the right not to fund any submittals received.
8. That, by submission of this application, the organization agrees to abide by the federal regulations
applicable to this program.
9. That, if the project(s) is funded, the organization agrees to abide by the County's locally established
policies and guidelines
10. That, past program performance, expenditures and financial performance will be considered in
reviewing this application.
11. That, services are to be provided at no cost to citizens during the grant period. All program income
(i.e.: fees, repayments, foreclosures, etc.) must be remitted to the County.
12. That, if the project(s) is funded, the County or a designated agency may conduct an accounting
system inspection to review internal controls, including procurement and uniform administrative
procedures, prior to issuance of payments for projected expenditures.
13. That, if project(s) is funded, the County will perform an environmental review prior to the obligation
of funds.
CDBG/HOME/ESG Application 9
14. That, if a construction or rehabilitation project(s) is funded, the organization agrees to comply with
Davis Bacon Related Acts and Federal Labor Standards if receiving federal funds. Please be advised
that labor costs may increase the project cost by 10 -15 %.
15. That, if project(s) is funded, project(s) must be accessible to persons with disabilities. Information,
participation, communications, services and improvements must be accessible to persons with
disabilities in compliance with the Americans with Disabilities Act.
16. That, if a construction or rehabilitation project is funded, the County will require the organization to
contract an architect or engineer to develop the design, drawings or bid -ready plans and
specifications.
17. That, if a project is funded, a written agreement that includes a statement of work-, records retention
and reporting, program income procedures, local and federal requirements, circumstances that would
trigger grant suspensions and terminations, and reversions of assets would be required between the
organization and the County.
18. That a project's funding does not guarantee its continuation in subsequent action plans.
19. Provide written signatory authority from the organization's governing body indicating who can
execute contracts and amendments on its behalf.
20. Agrees to abide by Bexar County's Conflict of Interest policy. Items of concern would include staff
members serving on the Board of Directors, staff members' families serving on the Board of
Directors, and other matters that may give the appearance of a conflict of interest.
PENALTY FOR FALSE OR FRAUDULENT STATEMENT
U.S. Code Title 18, Section 1001, provides that a fine of up to $10,000 or imprisonment fora period not
to exceed five years, or both, shall be the penalty for willful misrepresentation and the making of false,
fictitious statements, knowing same to be false.
By signature below, the applicant acknowledges the above in its name on the day of
,20
Name of Organization
(Signature)
(Title)
CDBGIHOME/ESG Application 10
C. SIGNATURE AUTHORIZATION FORM
The Board of Directors of does hereby resolve that on
(date), the Board reviewed the Application to be submitted to Bexar
County Department of Community Resources Community Development and Housing Division for funding
consideration for the fiscal year 2015 and in a proper motion and vote approved this application for
submission.
The Board further certifies that the organization making this application has complied with all applicable
laws and regulations pertaining to the application and is a non - profit organization, tax - exempt and
incorporated in the State of Texas.
(Name of organization requesting CDBG /HOME /ESG
funds) hereby proposes to provide the services or project identified in the Scope of Services in accordance
with this application for CDBG /HOME /ESG Funds. If this application is approved and this organization
receives CDBG /HOME /ESG funding from Bexar County, this organization agrees to adhere to all relevant
Federal, State and local regulations and other assurances as required by the County. Furthermore, as the
duly authorized representative of the organization, I certify that the organization is fully capable of fulfilling
its obligation under this application as stated herein.
I further certify that this application and the information contained herein are true, correct and complete.
I also authorize the following person(s) to have signatory authority regarding this grant:
Name Title
Name Title
President /Board of Directors (or other authorized person)
Date
PENALTY FOR FALSE OR FRAUDULENT STATEMENT
U.S. Code Title 18, Section 1001, provides that a fine of up to $10,000 or imprisonment for a period not
to exceed five years, or both, shall be the penalty for willful misrepresentation and the malting of false,
fictitious statements, knowing same to be false.
CDBG/HOME/BSG Application 11
AVIATION HEIGHTS WATER LINE
Phase 5 Estimate (90 %)
Date: February 2, 2015
Project No. 1124.6305
Winburn
Brooks
Aero
TOTAL
ITEM NO. DESCRIPTION
UNIT
*UNIT
PRICE
QTY
QTY
QTY
QTY
PRICE
1
TPDES -Storm Water Pollution Prevention Plan
LS
$ 2,000.00
0
01
1
1
$ 2,000.00
2
Mobilization
LS
$ 16,000.00
0
0
1
1$
16,000.00
3
Traffic Control and Regulation
LS
$ 3,625.00
0.25
0.5
1
1.75
$ 6,343.75
4
Site Restoration (Utility Construction
LF
$ 21.00
257
1003.5
2922.8
4183.3
$ 87,849.30
5
Water Pipe (PVC C900) (DR14) (Complete) (Open cut)
(6 in)
LF
1 $ 28.00
257
993.5
2897.8
4148.3
$ 116,152.40
6
Water Pipe (PVC C900) (DR14) (Complete) (Open cut)
8 in
LF
1 $ 31.00
0
10
25
35
$ 1,085.00
7
Water Service (3/4 in) (short side) (single)
EA.
$ 500.00
1
6
22
29
$ 14,500.00
8
Water Service 3/4 in (long side (single)
EA.
$ 1,000.00
4
91
18
31
$ 31,000.00
9
Water Service (1 in) (short side) (dual)
EA.
$ 700.00
1
3
5
9
$ 6,300.00
10
Water Service Q in (long side dual
EA.
$ 1,200.00
0
1
0
6
7
$ 8,400.00
11
lWater Service (1 in) (short side) (single)
EA.
$ 1,100.00
0
1
1
$ 1,100.00
12
Water Service 1 -1/4 in (long side (single)
EA.
$ 1,500.00
0
01
1
1
$ 1,500.00
13
Water Tie -in (Complete) (6 in)
EA.
$ 2,200.00
1
2
6
9
$ 19,800.00
14
Water Tie -in (Complete) 8 in
EA.
$ 2,200.00
1
2
4
7
$ 15,400.00
15
Water Cut, Plug Abandon (3 in)
EA.
$ 400.00
2
6
7
15
$ 6,000.00
16
Fire Hydrant Assembly (Complete)
EA.
$ 4,100.00
0
2
4
6
$ 24,600.00
17
Gate Valves (6 in)
EA.
$ 1,500.00
0
3
8
11
$ 16,500.00
18
Gate Valves 8 in
EA.
$ 1;850.00
0
1
2
3
$ 5,550.00
19
Blow Off Valve (Complete) (2 in) (Temp)
EA.
$ 500.00
2
3
7
12
$ 6,000.00
20
Water Meter Box
EA.
$ 125.00
7
23
64
94
$ 11,750.00
21
Water Meter Relocate
EA.
$ 140.00
7
23
63
93
$ 13,020.00
22
Yard Piping
EA.
$ 600.00
7
23
63
93
$ 55,800.00
23
Removing Existing Pavements Structures (Mill)
Sy.
$ 23.00
0
107.6
213.1
320.7
$ 7,376.61
24
Asphaltic Concrete Pavement t1.5 "- 2 "Overla
TON
$ 1,017.00
0
1.37
2.7
4.1
$ 4,167.79
25
Tack Coat
GAL
$ 6.25
0
11
22
33
$ 206.25
ESTIMATED CONSTRUCTION COSTS
$ 30,954.25
s 117,400.81
$ 330,046.03
s 478,401.10
$ 478,401.10
Page 1 Phase 5 (90 %) Estimate
THULEMEYER PARK
NEW 8" WL --,
PICKRELL PARK
NEW 8" WL
FIRST SAP
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DM-c Don McCrary & Associates, Inc. Engineers and Surveyors
Pickrell Park PreDesign Budget Estimate
UNIT
PRICE
1
Mobilization and Bonding
LS
1
vv 6%
$9,990.00
2
Barricades, Signs, and Traffic Handling
LS
1
$500.00
$500.00
3
Concrete Headwall
EA
1
$5,000.00
$5,000.00
4
Concrete Outfall with Energy Dissi paters
EA
1
$8,000.00
$8,000.00
5
48" RCP Complete with Boring and Carriers
LF
125
$1,150.00
$143,750.00
6
Erosion Control
LS
1
$1,000.00
$1,000.00
7
Excavation and Haul Off
CY
750
$11.00
$8,250.00
SUBTOTAL:
CONTINGENCY:
ENGINEERING
ESTIMATED TOTAL:
$176,490.00
15% $26,473.50
15% $30,444.53
$233,408.03
323 Breesport St. San Antonio, Texas 78216 -2602 Phone (210) 349 -2651 Fax (210) 349 -2653
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S. FLORES
DATE PROJ. N0.
FEBRUARY 2015
Agenda No. 5
CITY COUNCIL MEMORANDUM
City Council Meeting: February 10, 2015
Department:
Subject
BACKGROUND
Development Services
Ordinance No. 15 -S -08 Conduct a public
hearing, consider and/or take action upon a
request approving an Ordinance for a
proposed street name change of Schnebly
Drive to Hollering Vine beginning at the
intersection of Long Leaf Parkway
extending north, approximately 2,300 feet to
the intersection of Lower Seguin Road.
(First Reading)
Chris Price of Schertz 1518 Ltd. is requesting to change the street name of Schnebly Drive to
Hollering Vine to provide a consistent name through the Sedona and The Crossvine
Subdivisions. Schnebly Drive is located approximately 1,500 feet west of the intersection of
Lower Seguin Road and FM 1518 in the Sedona Subdivision. It is a ninety six foot (96') right -of-
way that carries residential traffic from Lower Seguin Road through the Sedona and one Unit of
The Crossvine subdivisions to Long Leaf Parkway and serves as a point of access to both
subdivisions. No residential or commercial lots are addressed on Schnebly Drive.
Guidelines for street name changes adopted in May 1989 include:
• Public hearing and consideration of the proposed name change by the Planning and
Zoning Commission and City Council.
• Notice to property owners located adjacent to the street or road in question advising them
of the proposed name change and the scheduled public hearing dates.
• Review by staff to include Police, Fire, EMS and Bexar Metro 911 District.
• The Planning and Zoning Commission is required to forward a recommendation to City
Council within ten (10) days of their public hearing and City Council is required to hold a
public hearing and consider the request.
• Upon adoption of a street name change, notification of such change will follow
procedures similar to those used for notification of an annexation to include notification
to Bexar Metro E -911, the appropriate County and school district and the post office.
With regard to the proposed change, thirty -one (3 1) notices were sent to affected property
owners on January 16, 2015 advising them of the proposed name change and the scheduled
City Council Memorandum
Page 2
public hearings. Five (5) responses were received; three (3) in favor and two (2) opposed with
the following comments:
Sandra McKenney: Opposed — "Waste of money!"
Joan McGuinness: Favor - "Don't care for the name Schnebly Dr.
Bexar Metro 911, Schertz Police, Schertz Fire, and Schertz EMS have been notified and have no
issues with the proposed street name change.
Goal
To change the street name of Schnebly Drive to Hollering Vine from the intersection of Long
Leaf Parkway extending north, approximately 2,300 feet to the intersection of Lower Seguin
Road.
Community Benefit
The function of Municipal Street naming and addressing is to enable people to locate properties
readily, ensure delivery of goods and services and importantly aid in public safety issues.
Guidelines have been established in order to provide for orderly growth within the City and to
provide a consistent approach for assigning street name changes. Changing the name of Schnebly
Drive to Hollering Vine will provide for consistent identification of street and will assist drivers
and emergency services in locating facilities.
Summary of Recommended Action
Close the public hearing and approve the proposed ordinance 15 -S -08.
FISCAL IMPACT
This is no fiscal impact to the City. The applicant will pay for the new street signs associated
with this requested street name change.
RECOMMENDATION
On January 28, 2015 the Planning and Zoning Commission held a public hearing and forwarded
a recommendation of approval of the street name change of Schnebly Drive to Hollering Vine.
Staff recommends approval of the first reading of Ordinance 15 -S -08 to change the street name
of Schnebly Drive to Hollering Vine.
ATTACHMENT
Ordinance No. 15 -S -08
Map Exhibit
ORDINANCE NO. 15 -S -08
AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS TO
CHANGE THE STREET NAME OF SCHNEBLY DRIVE TO HOLLERING VINE.
WHEREAS, an application to change the street name of Schnebly Drive to Hollering Vine
beginning at the intersection Long Leaf Parkway extending north, approximately 2,300 feet to
the intersection of Lower Seguin Road as shown in the Exhibit A, attached herein; and
WHEREAS, the functions of municipal street naming and addressing is to enable people to
locate properties readily, ensure delivery of goods and services and importantly aid in public
safety issues; and
WHEREAS, the Schertz Police Department, Schertz Fire Department, Schertz Emergency
Services and Bexar Metro 911 were consulted on the name change; and
WHEREAS, on January 16, 2015 property owners adjacent to the street were sent notices
advising them of the proposed street name change and scheduled public hearings; and
WHEREAS, on January 28, 2015, the Planning and Zoning Commission conducted a public
hearing and, after considering the guidelines, hereby makes a recommendation of approval of the
street name change; and
WHEREAS, on February 10, 2015 the City Council conducted a public hearing and after
considering the guidelines and recommendation by the Planning and Zoning Commission,
determined that the requested street name change be approved as provided for herein.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS:
THAT:
Section 1. 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 2. 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 3. This Ordinance shall be construed and enforced in accordance with the laws
of the State of Texas and the United States of America.
Section 4. 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 5. 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 6. This Ordinance shall be effective upon the date of final adoption hereof and
any publication required by law.
Section 7. This Ordinance shall be cumulative of all other ordinances of the City of
Schertz, and this Ordinance shall not operate to repeal or affect any other ordinances of the City
of Schertz except insofar as the provisions thereof might be inconsistent or in conflict with the
provisions of this Ordinance, in which event such conflicting provisions, if any, are hereby
repealed.
Approved on first reading the 10 day of February, 2015.
PASSED, APPROVED AND ADOPTED on final reading the 17th day of February, 2015.
Michael R. Carpenter, Mayor
ATTEST:
Brenda Dennis, City Secretary
(SEAL OF THE CITY)
Exhibit A
PROPOSED STREET
NAME CHANGE
SCHNEBLY DR ,
CITY OF SCHERTZ
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