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04-14-2015 Agenda with backupCity Council Agenda REGULAR SESSION CITY COUNCIL April 14, 2015, 6:00 P.M. HAL BALDWIN MUNICIPAL COMPLEX COUNCIL CHAMBERS 1400 SCHERTZ PARKWAY BUILDING #4 SCHERTZ, TEXAS 78154 Call to Order — City Council Regular Session Invocation and Pledges of Allegiance to the Flats of the United States and State of Texas. ( Councilmember Fowler) City Events and Announcements • Announcements of upcoming City Events Q. Bierschwale /B. James) • Announcements and recognitions by City Manager Q. Kessel) Presentations • Check presentation to CTRC regarding proceeds from the 2015 Wilenchik Walk/Run. (D. Wait /M. Spence) • Presentation awards regarding the 2015 Wilenchik Walk /Run. (D. Wait /M. Spence) • Sweetheart Court Fiesta Medal Presentation. (D. Wait /E. Matlock) Workshop Session • Discussion and update on the Senior Center. (Item requested by Councilmember Thompson.) (J. Kessel/B. James) • Discussion regarding the adoption of the 2012 . International Building Code and Amendments. (M.. Sanchez /G. Durant) 04 -14 -2015 Council Agenda • Discussion regarding the merits of the pool project. (Item requested by Councilmember Azzoz) (J. Kessel /B. James) 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. 1. Minutes - Consideration and /or action regarding the approval of the minutes of the Joint Meeting of March 31, 2015, and the minutes of the Regular Meeting of April 7, 2015. (J. Kessel/B. Dennis) 2. Ordinance No. 15 -D -12 — Consideration and /or action approving an Ordinance extending State and Local Traffic Rules to Private Roads located within the Carolina Crossing South Subdivision as specified; establishing Legislative findings in support thereof, establishing stop intersection locations and setting a maximum speed limit for said streets. Final Reading (B. James /K. Woodlee) Discussion and Action Items 3. Resolution No. 15 -R -30 — Consideration and /or action approving a Resolution Authorizing the Lease Purchase of Patient Care Monitors and Defibrillators. Q. Kessel /D. Wait) Roll Call Vote Confirmation Executive Session 4. The City Council will meet in closed session under Section 551.072 of the Texas Government Code, Deliberation Regarding Real Property. 04 -14 -2015 City Council Agenda Page - 2 - • Project E -005 — Project Shelter 5. City Council will meet in closed session under Texas Government Code Section 551.071 Consultation with Attorney and Section 551.074 Personnel Matters regarding a complaint filed against a Council Member. Reconvene into Regular Session 4a. Take any action based on discussions held in closed session under Agenda Item 4. 5a. Take any action based on discussions held in closed session under Agenda Item 5. 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) • Continuing education events attended and to be attended • Recognition of actions by City employees • Recognition of actions by community volunteers • Upcoming City Council agenda items Adjournment CERTIFICATION I, BRENDA DENNIS, CITY SECRETARY OF THE CITY OF SCHERTZ, TEXAS, DO HEREBY CERTIFY THAT THE ABOVE AGENDA WAS PREPARED AND POSTED ON THE OFFICIAL BULLETIN BOARDS ON THIS THE 10th DAY OF APRIL 2015 AT 2:30 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. 04 -14 -2015 City Council Agenda Page - 3 - grevudn Dev ",bs Brenda Dennis, City Secretar 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 for the governmental body and constitutes an opinion by the attorney that the items discussed therein may be legally discussed in the closed portion of the meeting considering available opinions of a court of record and opinions of the Texas Attorney General known to the attorney. This provision has been added to this agenda with the intent to meet all elements necessary to satisfy Texas Government Code Chapter 551.144(c) and the meeting is conducted by all participants in reliance on this opinion. COUNCIL COMMITTEE AND LIAISON ASSIGNMENTS Mayor Carpenter Mayor Pro -Tem Edwards — Place 4 Audit Committee Audit Committee Interview Committee for Boards and Commissions Hal Baldwin Scholarship Committee Investment Advisory Committee Interview Committee for Boards and Commissions TIRZ II Board Cibolo Valley Local Government Corporation 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 John — Place 3 Councilmember Thompson Place 5 Lone Star Rail District Audit Committee 04 -14 -2015 City Council Agenda Page - 4 - CITY COUNCIL MEMORANDUM City Council Meeting: April 14, 2015 Department: Subject: City Secretary Minutes Agenda No. 1 The City Council held a Workshop meeting on March 31, 2015 and a Regular meeting on April 7, 201.5. FISCAL IMPACT None RECOMMENDATION Staff recommends Council approve the minutes of the Workshop meeting of March 31, 2015 . and the minutes of the regular meeting of April 7, 2015. ATTACHMENT Minutes — Workshop Meeting March 31, 2015 and Regular meeting April 7, 2015. MINUTES REGULAR MEETING March 31, 2015 A Joint Workshop Meeting was held by the Schertz City Council of the City of Schertz, Texas, and the Mayor's Task Force on March 31, 2015, at 6:00 p.m., at the Schertz Civic Center. The following members present to -wit: Mayor Michael Carpenter Councilmember Grumpy Azzoz Councilmember Robin Thompson Councilmember Daryl John was absent. Mayor's Task Force members Present: Maggie Titterington Barbara Hall Fae (Floy) Simmons Richard Dziewit Members Frank McElroy and Ed Finley Staff Present: Executive Director Chief of Staff Bob City Secretary Brei enra1 Comments) called the meeting e an invocation. Mayor Pro -Tem Cedric Edwards Councilmember Jim Fowler City Manager John Kessel Interim Executive Director Dudley Wait City Attorney Charles Zech Deputy City Secretary Donna Schmoekel at 6:00 p.m. Mayor Carpenter had Councilmember • Mayor's ,Task Force Introduction and Overview. Mayor Carpenter began by stating last summer he envisioned a `Task Force Committee' consisting of a member representative from each of the current city volunteer boards and commissions. This committee would meet and talk as a group about our community priorities and what we could and should do next and collaborate on what they felt we the city could focus on; what quality of life projects and improvements are of immediate concern to the community. Members were selected from each board and now this community involvement team has been meeting regularly for the past six months. 03 -31 -2015 Minutes Page -1- City Manager John Keseel passed out a handout to the attendees. He said stated this could be a reference for us to use and at the same time see the current policy values of the city. Mayor Carpenter recognized committee member Mr. Michael Dahle who had each member of the team stand and introduce themselves. Mr. Dahle said they wanted to look at community involvement, volunteer fair(s), utilization of websites, etc. One of the best ideas brought up was about getting kids involved. This already has happened through the Historical Committee with an Arts and Essay Contest which recently happened. Then the committee discussed what we I should do as a community in regard to having a quality of life environment, supporting our local economic engine, and providing core services to our residents, as well as how to keep a good balance in these three areas. They also talked about -the city budget aril its impact on the community. Remembering back to the 2010" bond projects, the general consensus was we got a little out of balance with concentrating more on quality of life projects. Staff update on potential Bond Measure Mr. Dahle stated that the proposal Schertz is an absolute must for us. meeting space. Two of our roadw( also priorities. Future land acqui never going to get cheaper. Basica 1103 2) FM 1 1 ) Fire Station traffic signals, etc.), and , 5) Land $20 million, a category,timate is as million 4) $2.0 million, and, 5) $1.0 n by city staff t build a third fire station in south This project could, also be expanded to include a vs (FM 1103 and Flit t 518) and infrastructure are on for, future parks" is also important as land is ,they recommend five projects in total: 1) FM c5: 3 4) Roadway Improvements (intersections, luisition. The total estimated budget is around follows: 1) $2.5 million, 2) $7.5 million 3) $7.0 11r. Kesel added that ,in talking this afternoon with facility master plan staff the fire station project would be Moser to $8 million if they want to include amenities such as a large meeting roam, EMS patient treatment room, police room, equipment and other soft costs. Mayor, Carpenter stated that the staff has already taken a look at our bond capacity which estimates we can issue this amount of debt, handle the payments on it, and remain in ,position that protects our bond rating; and we can do it without raising taxes. We can spend more or less if we want to but this $20 million is a threshold that says we can do this without raising taxes. So what are our priorities in using this amount of money? Mr. Keseel clarified that in regard to possible TxDOT assistance for road improvements on FM 1103 and FM 1518 they (TxDOT) have already verbally committed to a one to one match for FM 1103. This represents a $5 million investment. The worst scenario is they could come back and say we don't have any money. Then we would use what we have to maybe make turn lanes or install traffic 03 -31 -2015 Minutes Page - 2 - signals, widen the roadway, etc. That number needs to be what we can live with even if TxDOT doesn't help. There are about 4,000 plots already approved for development in southern Schertz which means about 10,000 new housing units. There will soon be another school (elementary) in this area. Currently there is not any room for passing on the roadway (FM 1518) and traffic quickly gets stacked up, resulting in impatient motorists who start taking chances in passing. It is an unsafe situation and is a high priority for us to fix even if TxDOT does not assist us. There are different reports always coming out regarding growth and Austin (Is') and San Antonio (5th) ate among the top 10 fastest growing cities. In fact, Travis, Hays, and Comal counties are the fastest growing counties in the entire nation right now. We are right ' ii the fastest growing traffic corridor in the nation right now and this means more schools cross roads, water, and sewage services are necessary. If we get behind it will be harder to catch up. Our current projections are going to be low and the pace of growth is- getting quicker. Councilmember Azzoz asked how FM 1518 would look if we did. not get any monetary assistance from anywhere else. Mt. Kessel stated he thinks `adequate' will not happen until we widen it to either four or sip lanes. However, if we make turn lane improvements it will make it more safe and ' effective. We really should do a design first with a portion of'oui money so that ewe, can deal more efficiently with TxDOT and their engineers. If right =of ways are nee, dd d, that takes two years to accomplish. Mr. Azzoz asked how soon,we,clould expect the 4,000 new homes in south Schertz. Mr. Kessel estimated it would be about 10 years; this includes Willow Grove, Rhine Valley; and Cross Vibe' developments. The Laurel Heights subdivision ber Fowler stated he was at The Crossvine subdivision today and was the number of homes that have already been sold and two families are already in residence. Councilmeiber Edwards expressed caution about how many more homes we should be bringing into the area in the future. We should also consider bringing in Joint Base San Antonio in our conversations on this subject and talk about securing their future. We need to consider our future economic engine. Our decisions need to be made for securing our future. Mr. Kessel referred everyone back to the handout and said all these projects are wanted and needed. He referenced roads, both new and existing (those that need to be rebuilt), as necessary for future development and handling the increased traffic 03 -31 -2015 Minutes Page - 3 - capacity. Councilmember Azzoz said we have to be careful so we don't run short on our budget. Costs are rising and you can add 12% to the cost for the day we get to the point of action. Mr. Kessel agreed that costs will continue to increase and we will have to consider that. Councilmember Edwards said interest rates are low now and we should strike while the iron is hot; meet with our financial advisors and see what they say. Mr. Kessel stated if we issue debt we need to be buying land, doing design, pursing a project and moving forward. Our limitations are what we have as our bond capacity without raising taxes and the community's tastes for tax increase. Staff capacity must also be considered for managing these projects and maintaining them (example, Fire Station #3). Mayor Carpenter stated if we go with $40 -50 are going to have to hire more people in customer service in our ability to maintain balance to manage. We, as a community, chi' faster action but it is a hefty undertaking: Co associated with maintaining a quality o life long as they know where the money is going and services; no one likes to raise taxes, but amenities; nothing is free. dollars, to spend on projects, we execute ,.on those or sacrifice y to day; operations; a delicate to raise taxes to allow us to take mber Azzoz siiid there is a price here and citizens ''won't mind as reed ,. to make sure we have staff ice you pay for access to certain Councilmember Thompson said he thinks it is all in how we talk to the citizens, not what we haven't,done but w4 t we have done. Secondly, in regard to acquisition of Land, has there been some discussion of potentially acquiring some of the land near Randolph to use s a buffer zone through parks? The task force members said no they, had not; they recommended city staff, council, and JBSA discuss this subject. Mr. Kesel said We are working with JBSA and they are not thinking about acquiring any land by imminent domain. The Air Force is working with us for what they need and what *,,reed. We need to focus on what is in front of us. Mr. Richard Dziewit stated we are trying to maintain this project activity to where taxes do not have to go up. Councilmember Azzoz said that FM 15 is something the public would probably go for because it is a structural improvement (roadways); FM 1518 is a very crucial road as is the Fire Station in south Schertz. Councilmember Fowler pointed out that we decided to get several smaller things (Animal Adoption Center, Skate Park, Ball Parks, Dog Park) done in a time frame as we could, and we did, except for the largest one (the swimming pool). If you had 03 -31 -2015 Minutes Page - 4 - done the pool first, we would not have these other things in place already. Mr. Kessel agreed there was some logic in doing it this way with what we could accomplish. We identified we would need $500,000 a year to operate the pool and our operating budget didn't allow it. It was easier to work on the other projects. While the pool is a delayed project it will come in on budget and not cause a tax increase. Ms. Simmons said we cannot control all the variables, we have to act and make decisions based on what we have now and as we go along in the future. Mr. Dahle added the people who are planning deal with this and male their best estimates and adapt accordingly. Discussion on potential Bond Election process Mayor Carpenter said a lot of what we are dis us'si- speed of implementation is largely what a bond co next step? Do we want this same task farce group do we want to expand it? We don't have a lot of t seated. They need time to discuss the merits; Ana come back with recommendations. We have to e needs to discuss how to seat a�committee. The current task force is currer. chair. Mr. Azzoz suggested alloy committee role due to their Councilmember- fowler asked eN also recommended leaving the c would call upon various subject e on )w, the :dollar amounts and the ttee would do. So what is our serve as the bond, committee or we need to get the committee or less, ratify the priorities and the election in August. Council le up of nine members with no designated current task force board move into the bond iveness : hd ` progress they have made. was willifig to serve; they replied yes. They ,e at its current size. They also stated they for June City Council Retreat. Mayor Carpenter rrrequested we out an item on the next available agenda to appoint the bond committee: Mr. Kessl laid this group will have to develop the details that have to be budgeted and determine the scope so the city attorney and city manager can write the actual language for council review in June. We also have a number of things to consider with the classification and compensation study that will be a significant issue to' work through in a short period of time. We have to prepare the budget. We, also have the facilities master plan to work with in its final stages. So the bond committee really needs to have some deliverable data in June. Mayor Carpenter asked if anyone from the community wanted to speak. No one did. He then asked the council to consider if this task force should become an ongoing group (a committee of the various committees) to facilitate even better communication between the different boards and groups. He requested this be on the next council agenda. Mr. Dziewit said he has found that this committee has already opened up communication between the different committees and also the schools and asked what each other needs. Mayor Carpenter said this group could also become an 03 -31 -2015 Minutes Page - 5 - important part of the annual budget process. We have the city departments already working together during the budget planning and we should probably have the boards, committees and commissions made up of the citizenry have this same opportunity. It is an alignment of leadership. This could be a very valuable long term approach to decide what we are going to do, who we are going to be, and how we are going to spend the people's money. Councilmember Azzoz thanked everyone for the work they contributed. Mayor Carpenter asked if anyone had changed their mind about speaking up. Mayor Carpenter recognized Mr. Glen Outlaw who stated he.felt' they should consider allowing a few others to join the group as the new bond committee. It could otherwise be construed as an inside group. Councilmember Azoz said he is not in favor of that because it would take a lot of time to educate them and bring them up to speed. At the end of the day, they will be bringing their recommendations to city council and it will be in their hands. Mr. Outlaw, said the group has done a gre4job, but the next problem is going to be selling these identified priorities to the public. ' His suggestion is not to undo what the group has already done but to assist in convincing the public these are the priorities. Mayor Carpenter suggested w think about this until next week because this group can do surveys or, otherwise interact with the public. Councilmember Fowler said there may be times they will need to bring in someone with some expertise to advise them and add input to their mission. Mr. Dahle said he also foresees the committee having a "env public meetings for more input. Adiournment As there was no M Donna Schtnoelwl, Deputy City Secretary 03 -31 -201.5 Minutes Page - 6 - ourned at 7:36 p.m. Michael R. Carpenter, Mayor MINUTES REGULAR MEETING April 7, 2015 A Regular Meeting was held by the Schertz City Council of the City of Schertz, Texas, on April 7, 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 Daryl John Staff Present: Deputy City Manager John Bierschwale Interim Executive Director Dudley Wait City Attorney Charles Zech Call to Order Mayor Carpenter mentioned that the sound treatments were been changed out so hopefully we will 'ie able to hear better echoes. He reminded the students here this evening who are 1 Scholarship to either sign the sheet in the bads before leaving or Mayor Carpenter called Texas (Pastor Stephen to order at 6:00 p.m. d and the speakers have ere will not be so many sting in the Hal Baldwin City Secretary. by the Pledges of Allegiance to the Flags of the City Events (J. Bierschwale /B. James) )gnized Director of Development Services Brian James who announcements: • Thursday, April 9, North. East Partnership (NEP) Meeting, Olympia Hills Golf Course and Conference, 11:30 a.m. -1:00 p.m. • Thursday, April 9, Community Volunteer Fair, Schertz Civic Center, 5:30 p.m. -7:00 p.m. • Friday, April 24, 6'h Annual Schertz /Cibolo Lions Club Casino Night -Civic Center, 7:00 p.m. • Sunday, May 17 Schertz EMS Golf Tournament- Olympia Hills Golf Course 04 -07 -2015 Minutes Page -1- • Announcements and recognitions by City Manager (J. Kessel) Mayor Carpenter recognized City Manager John Kessel who thanked the team that put together the acoustic treatments in the Council. Chambers. Mr. Kessel also thanked the Marshal's Office who designed a number of security enhancements that have been put in place. Mr. Kessel recognized the following staff members who were in the audience this evening: Albert Orosco, Sam Rhodes, Jerry Bonk, Randall McCannis, Bruno Sepeda, Ray Gonzales, Bryan Timmons, Brian Chellino, Myles Clauser, Eric Haugen, Doug Letbetter, Joe Villarreal. Mr. Kessel stated along with our efforts to City, we had previously received a number not hear or understand some of the convey; putting this system together and now we hop Proclamations Mayor Carpenter stated he had three recognize Master Jackson Peacock from communications and citizenship badges. a high quality of transparency in our plaints that folks in th'udience could on the: dais. Staff saeut a 'lot of time ns to read but first he wanted to who is here tonight working on his us. and is an important part of work done in d this is why we do these proclamations. Proclamation recognizing "Child `Abuse Prevention & Awareness Month" (Mayor Carpent Kbristy Williams /Dixie Bane) Proclamation ,`, recognizing "National Crime Victim's Week" (Mayor Carpenter /Christy Williams /Dixie Bane) • Proel mation''recognizing "Sexual Assault Awareness & Prevention Month" (Mayor Carpenter /Christy Williams/Dixie Bane) Mayor Carpenter thanked the attendees and recipients of the proclamations for joining us and offered them an opportunity to speak. Mayor Carpenter recognized Christy Williams, Executive director of the Guadalupe County Children's Advocacy Center located in Seguin, Texas. They assisted 405 children last year (2014). They began operations in 2004 and have subsequently assisted Law Enforcement Officers and Child Protective Services Investigators in conducting 3,350 forensic interviews for their inspections in child abuse and neglect. They do not 04 -07 -2015 Minutes Page - 2 - see those numbers going down and are in the process of building a new building. They have a fundraiser this Saturday at the KC Hall in Seguin and invited everyone to come out and support them. Mayor Carpenter recognized Ms. Jennifer Fernandez, Executive Director of Guadalupe Valley Family Violence Shelter which serves Guadalupe, Wilson, Gonzales, and Karnes counties. They provide many services to victims of domestic violence and sexual assault. She expressed her appreciation to the City of Schertz for their acknowledgement and assistance. Presentations • Presentation awards regarding the 2015 . Wilenchik W Mayor Carpenter recognized Events Manager 1V originally planned to present a check to the Cancer'T and the awards from the Wilenchik Walk/Run, held and tabulations have not been completely finalized y on the event. Tonight she wanted to share some in the photos are loaded. There were about 550 regite donation will be about $8,500.00. Our numbers are were not able to take advantage, of the contribution; would go up toward FM 3009 and FM 1103 along and collect /solicit funds. Due to some 'permitting solicit funds for we were not able to add these sponsorship and the T -Shirt sponsorships are enou contributions from everyone else will be contribi (B. Cantu/M. Spence) Spence 'who stated they had tpy and Research Center (CTRL) month. However, since the files he will instead prov de an update ,iation on the city website where participants and it looks like our less than in previous years as we tained from our firefighters who h our Public Works Department age that restricts what they can itributions this year. The HEB r cover the expenses so all other to CTRC. We will make that presentation along with the' awards (the,, winners of the run, T -shirt contest, and most funds raised) to;On at next week's meeting.'. The cups on the dais af the compliments of the Parks and Recreation Foundation. The Jazz acid Blue in the Park ,event will be this coming Saturday, April 1.1. There will be food trucks, musie, beverages and a car show. Please come out and enjoy yourself. • Discussioni:and update cif the status of the design of the aquatic facility and the proposed Construction Manager at Risk (CM @R) Agreement. (J. Kessel /P. Gaudreau) Mayor Carpenter' recognized Owner's Representative Phil Gaudreau who presented a quarterly update. He stated we went out and got a RFQ and RFP for a construction manager at risk on October 23, 2014, got responses back and interviewed the top three firms on January 7, 2015. . Since then we have been working with the firm to start to align the project with the budget and are within the $8 million targeted budget. Negotiations are continuing with the highest ranked firm. The next phase is to bring to council a pre- construction contract for pre - construction services. That will take us through 95% completion of the contract documents. Then we would get a final guaranteed maximum price which council would have to make a decision on. 04 -07 -2015 Minutes Page - 3 - Mayor Carpenter recognized Councilmember Azzoz asked about the money we have spent so far out of the original bond issue. Mr. Gaudreau stated out of the bond issue we have about $5.5 million in construction dollars. The school district will furnish $1.65 million and the YMCA $2.0 million. Executive Director of Development Services Brian James came forward and stated the YMCA agreement is structured to where the city would issue $2 million in general obligation bonds and the YMCA would pay us $100,000 a year to pay that off. We will pay the YMCA to operate the recreation center, the indoor -pool and the outdoor pool. Right now we pay them $265,000 per year for the two existing outdoor pools plus the maintenance for three months out of the year. City Manger John Kessel stated the approximate total would be about $480,000 a year. Further discussion ensued regarding the day pass price versus the menilbership price and the building of locker rooms for school students and the public and the window of time the school students would utilize the facility ,fo�nractice and competitions. Mayor Carpenter recognized Councilmember Thompson who asked if the schematic as designed so far conform to, the original intent of the bond issue in which we have an enclosed communit/competitittn. style pool. Mr. James replied yes it did. Was there anywhere in the bond language that excluded receiving monies from outside agencies and working with us to build an even better quality pool? Mr. James replied no, there was no exclusion., ,$o is everything we are proposing above board and in design with the original bond? 1Vlr. dames replied yes. Mayor Carpenter, recognized Councilmember Fowler who asked if the $100,000 that is being paid back to us by the YMCA, does that include interest. The answer was no. The other question is if we have a competition style unity pool, anytime there is a competition going on in the pool, no one else could use it? Mr. James said yes that is the case. We have to comply with the bond language, but we want to build one facility to meet the needs of the community and maximize the ability of that pool. Mayor Carpenter suggested it sounds like there is a desire to debate the merits of the project itself. At this point we should limit the discussion to the status of the design and 04 -07 -201.5 Minutes Page - 4 - the proposed construction manager at risk. If anyone wants to place on a future agenda an opportunity to debate the merits of the project let us do so in compliance of the open meetings act. Councilmember Edwards stated they could also put it on one of our planning sessions as well to discuss it at one of our strategic planning sessions. Mayor Carpenter agreed. • Discussion and direction regarding the use of hand held devices while driving and distracted driving generally. (Mayor /Council) Mayor Carpenter recognized Councilmember Azzoz who, stated, be has shared many stories about cell phone use and he understands there is currently a bill pending in Austin to limit the use of cell phones and texting while driving: This has a purpose. If it saves one life it is worth it. There have been numerous news stories on TV recently. San Antonio passed an ordinance and no one freaked dut. He has observed there are not as many people using the phone in San Antonio as before`. He would like 's to do the same. Other cities are going to do it. We have to protect our young people. Vet are not taking anyone's rights away. Mayor Carpenter recognized Councilmember Edwards who stated he believes the state does have an ordinance up for consideration for banning texting. However, it is not just texting that concerns him, but distr4clinn(s) in general while driving (putting on makeup, shaving, eating /drinking a beverage,, changing the radio station, etc.) He takes responsibility for his own actions. He doesn't think he needs the government in his car. If we don't have anything that says distracted driving at all then maybe we can consider this; but if the state is, already working on it, he doesn't see the reason to be redundant. When the law ) passed state wide, the San Antonio law will be null and void correct? Mayor Carpenter recognized Councilmember Thompson who stated he would not assume because a vote failed: two weeks ago we are anti texting and driving. There are a variety of reasons that measure failed; vague language, duplicating efforts if a state measure passed, not wanting any more government involvement. Mayor Carpenter stated here is one of the things that was considered last time. He read some information from the (September 2010) Insurance Institute for Highway Safety and the Highway Laws Data Institute which basically resulted in findings that hand held phone ban laws did not help reduce distracted driving accidents. He read also that about 3% of accidents are related to a phone and 14% are related to people having conversation with another person in the car. As an alternative, if this is something we want to pass an ordinance on, we consider a different approach. Perhaps rather than saying you can't 04 -07 -2015 Minutes Page - 5 - participate in an activity, but if you are caught causing an accident, then you will be punished more severely than if you not using such a device. He struggles with passing an ordinance when empirical data suggests it would be neutral or potentially make things worse. If we pass an ordinance that says you can't text and that person decides they are not going to stop texting and they have the device down below and they are texting looking down, that is scary. Mayor Carpenter recognized Councilmember Azzoz who stated there are already about 27 states that already are banning texting and driving. Don't text and drive. It takes people's lives. Mayor Carpenter recognized Councilmember Fov how you enforce this law within our city. Chief F cell phone ban. This is simply the handheld use of ii make calls and text as long as you do it with a Bluf the phone or touch the phone. Keep in mind the col may not include the separation of 'types"' of", istr probably higher due to extracting the cell phone ni is not to catch the person who pushes the button bu texting a message. He has faith in our officers to d, that there are those who will obey the law. In other can tell what they are doing. They r spon&tt, accid is determined a cell phone was the cause, it will be, j would be simply that of putting up the signs and pr some neighborhood me aims. x h6 asked Police Chief Hansen n said to remember this is not a �u can take your emergency calls, 1 device where':on never look at Dn of data from several years ago [driving. The numbers now are is as a separate item. The intent kind that are using both hands in right thing. The proactive part is s, while following the vehicle we regardless of what caused it. If it I on the accident report. The cost nary education in- house such as Mayor Carpenter said this is not an easy task and the challenge is the current research is ambiguous and if we do wart to take action h &re we have to find what works for us. a permanent committee of committees. Mayor Carpenter stated that he asked that this be put on the agenda pursuant to a meeting they gad last Tuesday evening with what is currently titled the Mayor's Task Force on Community involvement and future planning. He stated that he believes and Council will tell him ,and us what they think. It's been an interesting experiment that has yielded something that he did not really anticipate, and that is we have individuals from each of our Boards, Committees and Commissions that have come together in a separate committee and are providing insight and advice on future planning for the City as to whether or not we should have bond proposals, how we can involve the community more effectively, and being able to give commentary to the Council on what the combined Boards, Committees, and Commissions feel are items of importance for this Community. Mayor Carpenter asked for the Council to have a discussion about whether or not this Council should sanction this as one of its Boards, Commissions, and Committees, this Committee of Committees. Mayor Carpenter opened it up for Council discussion. 04 -07 -201.5 Minutes Page - 6 - Mayor Carpenter recognized Mayor Pro -Tem Edwards who stated that he thinks this is one of the best ideas we have done in quite some time. Not only did we do a good job with this and our committee has done a great job, he believes that this is something that needs to be permanent and should also be part of the budget process as well. Mayor Pro - Tem Edwards also stated that he would like to see some leadership as a Committee Chair person. He stated that he knows they mentioned that everyone would be equal but if the committee would not mind either choosing a Chair person from themselves, or have the Council appoint one. Mayor Pro -Tem Edwards asked for the Committees and Council's thoughts. Mayor Carpenter recognized Councilmember Azzoz commended the committee on an exceptional job and hi at their joint meeting. Listening to them last wee: individuals have spent a lot of time working together di: stated that they have done this without electiig a cht freely. He stated that he will go along, with Councilmember Azzoz stated that last week h jump i. this committee and keep it in tact. He believes if they believes the Council should leave it up to them to :deci thanked the Committee and applauded them for Councilmember Azzoz stated that the Committee has hi Mayor Carpenter recognized Councilm &nber Thompso referring to the Committee of Committees, "the, May( would become the Bond Committee?.,,_ Mayor Carpn agenda item this evening to talk about the seating Bond Mayor Carpenter, stated that his is staff and the City Attorney to be€ committee and have that committ other; ommittees in the City, i.e., Board etc., the cons ice that S Mayor Carpenter ho, stated that last week we well they presented everything •eally showed him that these ssing th' future of the City. He and seem =to be able to speak [ever the Committee wants. ind made a motion to approve sh, to choose a chair person he Councilmember Azzoz again e hard work that they do. who asked just to clarify we are 's Task Force and to not what T stated that we have a separate ;dback from the Council to decide if we want to ask to put together the ordinance that would create this begin to formulate its by -laws as we have with the Library Board, the Transportation Safety Advisory Council to have staff and the attorney begin to put together the •eate this committee as a permanent committee of the City of the following who spoke: • Ms. Maggie Titterington, Schertz Chamber President, who introduced her Board of Directors, Chair Wendy Griffin with Schertz Bank & Trust, Chair Elect Pam Cox with Frost Bank, Treasurer Freddy Degollado with Schertz YMCA, Secretary Mark Moody with Christian Brothers Automotive, Board Directors: Olaf Emblem with SurePoint Self Storage, Eric White with C &W Properties, and Darlene Evans with Autumn Winds. 04 -07 -201.5 Minutes Page - 7 - They are having a Chamber luncheon on April 21 and are doing a non -profit partnership luncheon. Nineteen non - profit organizations who are members of the chamber will be provided with a promotional table to allow them to interact with the regular members of the chamber and exchange information. Additionally, Craig Krause will be the guest speaker giving us a talk on thriving in the `People Business'. She spoke on the upcoming SCMAC - Yourself into Shape event which is a military, veteran, spouse workshop and hiring event scheduled for May 20. She also brought posters for their next `Shop Local' event for April, 16 with a cash prize of $500. 1. Minutes - Consideration and/or action regarding the approval of the minutes the Regular Meeting of March 24, 2015. (J. Kssel /B. Dennis) 2. Ordinance No. 15 -T -11 — Con; authorizing a budget adjustment Communication Shift Supervisor po. The and /or action approving an Ordinance the Crime Victim Liaison and the al Pe4djng (J. Bierschwale /M. Hansen) INANCE N0:15 -T -11 3. Resignations, to City Boards, Commissions and Committees — Consideration and /or action regarding ratifying resignations on the Economic Development Corporation and Library Board. (Mayor /Council /B. Dennis) Mayor Carpenter recognized Mayor Pro -Tem Edwards who moved, seconded by Councilmember John to approve the consent agenda items 1 through 3. The vote was unanimous with Mayor Pro -Tem Edwards, Councilmembers Fowler, Azzoz, John and Thompson voting for and no one voting no. Motion Passed. Discussion and Action Items 04 -07 -2015 Minutes Page - 8 - 4. Resolution No. 15-R-26 - Consideration and/or action approving a Resolution authorizing a Crime Victims' Liaison Interlocal Agreement with the City of Cibolo and the City of Live Oak. (J. Bierschwale/D. Wait/M. Hansen) The following was read into record: RESOLUTION NO. 15-R-26 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING A CRIME VICTIMS' LIAISON N INTERLOCAL AGREEMENT WITH THE CITY OF CIBOLO AND THE CITY OF LIVE OAK AND OTHER MATTERS IN CONNECTION THEREWITH Mayor Carpenter recognized Police Chief Michael Hansen who stated that this is the program that he went into detail with at the presentation for the budget amendment and he is willing to go all over it again or answer,Any further questions you - iray have. Mayor Carpenter recognized Mayor Pro-Tem Edwards Who stated we have three cities involved working together here and is a great way, to I spread the cost out and maintain a good working relationship. 5. Ordinance 'No,. `15-1)42', — Consideration and/or action approving an Ordinance extending State and Local Ttaffic Rules to Private Roads located within the Carolina 'Crossing South Subdivision as I specified; establishing Legislative findings in support thereof;, establishing stop intersection locations and setting a maximum speed limit for said streets. First Reading (13. James/K. Woodlee) The followitiewas read into record: ORDINANCE NO. 15-D-12 AN ORDINANCE OF THE CITY OF SCHERTZ, TEXAS EXTENDING STATE AND LOCAL TRAFFIC RULES TO PRIVATE ROADS LOCATED WITHIN THE CAROLINA CROSSING SOUTH SUBDIVISION AS SPECIFIED HEREIN; ESTABLISHING LEGISLATIVE FINDINGS IN SUPPORT THEREOF; ESTABLISHING STOP INTERSECTION LOCATIONS; AND SETTING A MAXIMUM SPEED LIMIT FOR SAID STREETS 04-07-2015 Minutes Page - 9 - Mayor Carpenter recognized City Engineer Kathy Woodlee who stated on January 13, 2015, City Council passed Resolution 15 -R -07 Authorizing the City Manager to enter into an agreement with the Carolina Crossing South Homeowners' Association (HOA) for the Purpose of Traffic Control. In order to comply with the Agreement, the City must adopt an ordinance to provide for the enforcement of traffic rules and laws within the Subdivision. This does not make the streets public but simply authorizes the city to enforce traffic rules. She stated Ordinance 15 -D -12 extends state and local traffic rules to the private roads located within the Carolina Crossing South Subdivision and sets the maximum speed limit for those streets at 20 miles per hour, consistent with other local residential streets throughout the City. It also identifies and establishes ah& stop intersections within the Subdivision. 6. Resolution No.: 15 -R�-27 :;— Consid( authorizing an, Trtterlocal Agreement for Kessel /D. Wait) The and /or action approving a Resolution Billing Services with Glasscock County. (J. ON NO. 15 -R -27 A `SOLUTION THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING AN INTERLOCAL AGREEMENT FOR EMS BILLING SERVICES WITH, CLASSCOCK COUNTY AND OTHER MATTERS IN CONNECTION THEREWITH Mayor Carpenter recognized Interim Executive Director Dudley Wait who stated that in 2012 the EMS came forward with a request from the City of Alamo Heights asking Schertz EMS to do their billing for them. In 2012 we brought them on board and they have been pleased with our services. In the summer of 2014, . we were contacted by the Glasscock County EMS Director regarding EMS Billing. Glasscock County EMS is a volunteer EMS that provides all EMS transports for the approximately 1,300 residents of the county. This small volunteer agency has, since its inception, relied on donations and fundraisers to provide ambulance services and has not charged their residents or visitors any user fees. With the influx of oil and gas companies their call volume has risen and is 04 -07 -201.5 Minutes Page - 10 - putting a new level of demand on their resources, to the point that their traditional funding can no longer sustain them. In an effort to begin this, their EMS Director contacted Allison Gorzell, EMS Billing Manager and myself to seek assistance in getting started. It was during this process, that the County asked Schertz EMS to not only assists them in getting started but to consider providing Billing Services on a go- forward basis. In conducting a multi -year review of their EMS activity, it was determined that Glasscock County EMS is currently responding to approximately twenty (20) ambulance requests a month. This is up from approximately ten (10) requests a month prior to their current influx of oil and gas exploration. In comparison, our EMS is currently responding to approximately 27 requests per day and transporting 19 patients per day. This volume better compares to the activity that Schertz EMS sees within t,ht,City Limits of Marion on a monthly basis. An integral part of this new agreement is ti Electronic Patient Care Report cooperative thol the data from their ambulance responses will b+ needs. In addition, Ms. Gorzell has been wo appropriate policies and procedures as well as Medicaid. In reviewing all of this informati this additional workload (an a1 activities. Mayer Carpenter reinized Councilmember Thompson who moved, seconded by Mayor P o-Tem Edwards to approve Resolution No. 15 -R -27. The vote was unanimous with Mayor Pro -Tem Edwards, Councilmembers Fowler, Azzoz, John and Thompson voting for and no one voting no. Motion Passed. 7. Resolution No. 15 -R -28 — Consideration and /or action approving a Resolution authorizing a Commercial Lease Agreement and Temporary Use Agreement with the Schertz Chamber of Commerce. (B. Cantu /J. Kurz) The following was read into record: 04 -07 -2015 Minutes Page - 11 - RESOLUTION NO. 15 -R -28 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING A COMMERCIAL LEASE AGREEMENT AND TEMPORARY USE AGREEMENT WITH THE SCHERTZ CHAMBER OF COMMERCE, AND OTHER MATTERS IN CONNECTION THEREWITH Mayor Carpenter stated that Councilmember Thompson has filed a conflict of'interest form with the City Secretary and will not be participating in this item. Councilmember Thompson recused himself from participation in this item. Mayor Carpenter recognized Purchasing and Asset Managr;Director Jessica Kurz who stated in October 2009, the City entered into a Luse Agreement with the Schertz Chamber of Commerce for use of the Kramer House as its Business Headquarters and Visitors' Center. The Kramer House is located at 1730' Schertz Parkway, Schertz, TX. The previous agreement included a base rent of $650 per month, paid in quarterly installments of $1,950. The agreement lapsed on September 30, 2014. of October l", 2014; . ed to operate as usual, even in quarterly rent installments in ties have a mutual desire to `years. The contract remains cil, with only the following was changed from $1,000 to $650 per provisions. s deiir to have a supplemental Temporary Use Agreement, Guest -to use the Kramer House, with sufficient lead time, for Commerce has reviewed and approved these agreements. Mayor Carpenter recognized Councilmember Fowler who stated that he thought this arrangement should continue as the Kramer House was the perfect place for the Schertz Chamber to be and was a great location for it. Mayor Carpenter recognized Councilmember Azzoz who asked how much square footage the building had. Ms. Kurz stated she did not know. Mr. Azzoz stated he thought it was around 1,745 square feet. He asked how we came up with charging a $650 lease per month. Ms. Kurz replied this is what was charged before and management was happy to leave it at that price. Mr. Azzoz read from Item #2 of the landlord agreement. What is this city's cost of these provided services? City Manager John .Kessel stated we provide 04 -07 -201.5 Minutes Page -12 - landscaping in all the different ground maintenance of the different city properties. While the city pays for utility hookups, the Chamber pays for its own internet hookup and telephone. The city provides a very limited janitorial service of light sweeping, removal of trash; sweep the walkway, and some dusting. Mr. Azzoz stated the wording implies we are paying for month internet and phone bills. Ms. Kurz offered to change that particular wording to be clearer. Mayor Carpenter recognized Mayor Pro -Tem Edwards who moved, seconded by Councilmember John to approve Resolution No. 15 -R -28, with the requested changes. The vote was unanimous with Mayor Pro -Tem Edwards" Councilmembers Fowler, Azzoz and John voting for and no one voting no.,,,, Councilmember Thompson recused himself from the vote. Motion Passed. 8. Seating a Bond Committee — Discussion and/ committee. (Mayor /Council) Mayor Carpenter stated that at last week'g Joint meet Task Force Committee, the committee revealed'their bond capacity and priority necessities that the commit we must move with alacrity to place the bond p discussed the idea of simply having the Task Force Committee. seating of a bond f City Council and The Mayor's cunendations regarding the city's sees as we go forward. Because e on the November ballot, we tmittee become the initial Bond Mayor Carpenter recognized Mayor Pro -Tetra Edward who stated it is imperative that we seat a bond committee itnmediately and he made a motion to do so. For clarity, Mayor Carpenter stated the members who would be seated are as follows: Frank McElroy, Tim Brown, Fae Simmons, Michael Dahle, Maggie Titterington, Richard Dziewit, Ed Finley, Howson Lau, and Barbara Ha11. Mayor Carpenter recognized Mayor Pro-Tern Edwards who asked whether council would appoint a chairutao or if the committee does that. Mayor Carpenter stated the charter does not provide any direction one Ay or the other. Mayor Pro-Tern Edwards stated he would like to hear from members of the committee on this subject. Several members spoke up and said they all felt a chairman should be appointed and it did not matter if that task was left UP to them. or if council wanted to appoint someone. Councilmember Azzoz recommended the committee, make the appointment. Councilmember Fowler asked who would be their secretary and that they needed to think about that also. Mr. Dahle pointed out that even though the same members exist, the Bond Committee is going to be separate from the Committee of Committees. The Bond Committee is going to focus on the bond itself and take actions they feel will get the community involved and informed about the bond election versus the Committee of Committees that will deal with many different issues. He thinks the next few months the Bond Committee will be meeting and the Committee of Committees will suspend their activities until after the election. Mayor Carpenter said he will be asking the city attorney for guidance on not forming a committee by this council until after the bond election. We should also allow the Bond Committee to select their own Chairman. The decisions on how to spend the citizen's money always seems to ultimately 04 -07 -2015 Minutes Page -13 - rest with the council but is often best handled by the people themselves (i.e. as with a Bond Committee). Mayor Carpenter recognized Mayor Pro -Tem Edwards who moved, seconded by Councilmember Azzoz to approve seating of the bond committee. The vote was unanimous with Mayor Pro -Tem Edwards, Councilmembers Fowler, Azzoz, John and Thompson voting for and no one voting no. Motion Passed. Roll Call Vote Confirmation Requests and Announcements C Announcements by City Manager Citizen Kudos Recognition of City employee New Departmental initiatives who stated that a few years ago led out this book to the new they discussed a new good team merit heads are also reading this ;an all continue to explore these future City mcilmember Azzoz who requested the following be put sion do the merits of the pool project, and 2) discussion of hand held devices while driving and distracted driving oz' also requested Police Chief Hansen to come forward ommentary on enforcement along with any challenges he Mayor Carpenter recognized Mayor Pro -Tem Edwards who requested an update from staff on the Skate Park Phase II project. Mayor Carpenter recognized Councilmember Thompson who requested an update on the senior center and also in regard to the cell phone item, he requested staff review what statistics that might be available to determine what percentage of accidents might be caused by cell phone usage. Mayor Carpenter suggested Council allow staff two to three weeks, pending their ability to get the background information put together. The pool can be done next week, but for the others, staff may need more time. 04 -07 -2015 Minutes Page -14 - 11. Requests by Mayor and Councilmembers to City Manager and Staff for information. Mayor Carpenter recognized Councilmember Fowler who stated we need to pursue the idea of how we can promote the cell phone safety problems within our city. Mayor Pro -Tem Edwards stated that since we have quite a few electronic signs in the area, would the Schertz Chamber poll the businesses to see if they would allow us to do some kind of awareness program about distracted driving. 1.2. Announcements by Mayor and Councilmembers Fowler who stated he loved the new Carpenter recognized Councilmember Azzoz, who stated he didn't do much for he went to Louisiana, contributed some money up there and came back. Mayor C tpenter recognized Councilmember Thompson who stated on Saturday, April 4 he attended the,, Schertz- Cibolo Lions Club & HEB Community Easter Egg Hunt at PickrelI Park artd thanked them for doing a great job. Mayor Carpenter commended Purchasing and Asset Manager Jessica Kurz (a new staff member) for doing a great job with her first presentation in front of council this evening. Adjournment As there was no further business the meeting was adjourned at 9:05 p.m. 04 -07 -201.5 Minutes Page -15 - Michael R. Carpenter, Mayor Donna Schmoekel, Deputy City Secretary 04 -07 -201.5 Minutes Page -16 - City Council Meeting: Department: Subject: Agenda No. 2 CITY COUNCIL MEMORANDUM April 14, 2015 Police /Engineering Ordinance No. 15 -D -12 - An Ordinance of the City Council of the City of Schertz, Texas, extending state and local traffic rules to private roads located within the Carolina Crossing South Subdivision. Final Reading The City received a petition for patrol and enforcement of traffic rules for the gated community of Carolina Crossing South. The petition was confirmed by the GIS Department that all signatures are homeowners within the gated community. Carolina Crossing South is the first gated community to request traffic control patrol and enforcement within the City. Carolina Crossing South Home Owners Association Board and Signed Petitioners have agreed to the terms as stated in the Petition. The Texas Transportation Code allows the following: On petition of 25 percent of the property owners residing in the subdivision or on the request of the governing body may extend by ordinance any traffic rules that apply to a road owned by the municipality, or by the county which the municipality is located, to the roads in the subdivision so that the roads of the subdivision are under the same traffic rules, if the governing body of the municipality finds the ordinance in the interest of the municipality generally. The subdivision has 103 lots and 25% requires 26 signatures. The total number of petitioners was 28. On January 13, 2015, City Council passed Resolution 15 -R -07 Authorizing the City Manager to enter into an agreement with the Carolina Crossing South Homeowners' Association (HOA) for the Purpose of Traffic Control. In order to comply with the Agreement, the City must adopt an ordinance to provide for the enforcement of traffic rules and laws within the Subdivision. Ordinance 15 -D -12 extends state and local traffic rules to the private roads located within the Carolina Crossing South Subdivision and sets the maximum speed limit for those streets at 20 miles per hour, consistent with other local residential streets throughout the City. It also identifies and establishes the stop intersections within the Subdivision. City Council approved this on first reading at their meeting of April 7, 2015. Goal The goal of Ordinance 1.5 -D -12 is to extend traffic rules and enforce such rules within the private Carolina Crossing South Subdivision. Community Benefit It is the City's desire to serve its citizens by providing enforcement of traffic rules within a private development if requested by the governing body of that subdivision. Summary of Recommended Action Staff recommends Council approve the Ordinance extending traffic control rules in the Carolina Crossing South Subdivision. FISCAL IMPACT No fiscal impact. Traffic control enforcement will occur during routine patrols. Any necessary traffic control devices will be installed in accordance with the Texas Uniform Traffic Control Standards at the expense of the HOA. The current Public Works Department estimate for installation of initial signage is $683.90 to the HOA. RECOMMENDATION Staff recommends Council approve Ordinance 15 -D -12 on final reading. ATTACHMENT(S) Ordinance 15 -D -12 Executed Petition Petition Signature Confirmation Traffic Enforcement Agreement Public Works Price Quote ORDINANCE NO. 15 -D -12 AN ORDINANCE OF THE CITY OF SCHERTZ, TEXAS EXTENDING STATE AND LOCAL TRAFFIC RULES TO PRIVATE ROADS LOCATED WITHIN THE CAROLINA CROSSING SOUTH SUBDIVISION AS SPECIFIED HEREIN; ESTABLISHING LEGISLATIVE FINDINGS IN SUPPORT THEREOF; ESTABLISHING STOP INTERSECTION LOCATIONS; AND SETTING A MAXIMUM SPEED LIMIT FOR SAID STREETS WHEREAS, section 542.008 of the Transportation Code authorizes the City of Schertz to extend by ordinance any traffic rules that apply to roads owned by the City to the roads in a private subdivision so that the subdivision's roads are governed by the same traffic rules as other roads within the City's jurisdiction upon the request of the governing body of the entity that maintains the subdivision's roads or 25% of the residents that reside in the subdivision if the City Council finds that extending such rules are in the best interest of the City generally; and WHEREAS, the Board of Directors of the Carolina Crossing South Homeowners' Association as the governing body of the Carolina Crossing South Homeowners' Association as well as 25% of the property owners that reside within the Carolina Crossing South subdivision ( "Owners ") located at 3567 Peachtree Lane, off Savannah Drive, between Schertz Parkway and Inglewood Drive, (the "subdivision "), have submitted a valid petition ( "the Petition ") requesting the extension of certain traffic rules and laws as set forth in the Petition to the private roads located within the subdivision so that the private roads are subject to the same traffic rules as the municipality; and WHEREAS, the City Council finds that it is in the best interest of the City of Schertz to extend the traffic rules that apply to all other highways, roads and streets owned by the City to the private roads located with the subdivision as specified in the attached Petition and to set the speed limit for all roads within the subdivision at 20 miles per hour which the City Council finds to be a reasonable and safe speed. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ: Section One. The City of Schertz hereby grants the request made by the governing body of the Homeowners' Association of Carolina Crossing South Subdivision (the "HOA ") and the residents who have signed the Petition attached hereto and hereby extends all traffic rules of City thoroughfares similar to those within Carolina Crossing South to the Private Streets, including by but not limited to setting the maximum speed limit on all roads within the subdivision at 20 miles per hour; vehicle registration and inspection laws; and traffic rules and laws regarding speed, signal indicators, stop signs, parking, and similar traffic laws. Section Two. The City of Schertz hereby declares that the speed limit on all roads located within the Carolina Crossing South Subdivision shall be 20 miles per hour. Section Three. The City of Schertz hereby declares that the following intersections are designated as streets upon which vehicles shall stop before entering such intersections: Through Street Saratoga Place Peachtree Lane Peachtree Lane Cross or Stop Street Peachtree Lane Sherman Drive Saratoga Place Section Four. A violation of any of the traffic rules extended to the Subdivision by this Ordinance is hereby declared a criminal offense and the violator is subject the same penalties as if such violation had occurred on a public road, highway or street located elsewhere throughout the City. Section Five. The City and the Carolina Crossing South HOA on behalf of the HOA's residents shall enter into an Agreement which shall set forth the terms of the City's enforcement of traffic rules and laws on the subdivision's roads, including but not limited to the costs associated with the extension of the traffic rules to the subdivision's roads and the erection of signage and other official traffic control devices. Section Six. This ordinance shall take effect immediately upon passage and publication as required by law. PASSED ON FIRST READING, the 7th day of April, 2015. PASSED, APPROVED and ADOPTED ON SECOND READING, the 14th day of April, 2015. CITY OF SCHERTZ, TEXAS Michael Carpenter, Mayor ATTEST: Brenda Dennis, City Secretary APPROVED AS TO FORM Charles Zech, City Attorney PETITION FOR CITY OF SCHERTZ POLICE PATROL AND ENFORCEMENT I I h L a A ym- L I �i� AU-1 � 111 X—r—KU1 STATE OF TEXAS § § KNOW ALL PERSONS BY THESE PRESENTS: COUNTY OF GUADALUPE § LIVA111y W11 WHEREAS, Carolina Crossing South ("Carolina Crossing South") is a private gated community in the City of Schertz, Guadalupe County, Texas, C'City�') generally located at 3567 Peachtree Lane, off Savannah Drive, between Schertz Parkway and Inglewood Drive and containing a total of one hundred and three (103) residences; and WHEREAS ' Carolina Crossing South Homeowners' Association (the "Association") is the owner of the private streets in Carolina Crossing South (the "Private Streets") and is responsible for the maintenance thereof, and WHEREAS, the Owners (as hereinafter defined) and the Association acknowledge that Carolina Crossing South is a subdivision within the City limits of the City and in accordance with the Texas Transportation Code Section 542.008, as amended (the "Statute"), the Association seeks to cause the traffic rules and laws related to operation of motor vehicles on public thoroughfares of the City to apply to the Private Streets in Carolina Crossing South; and WHEREAS, the Statute applies to a subdivision in which the roads are privately owned or maintained, and to a municipality with a population of three hundred (300) or more; and WHEREAS, the Statute authorizes, on petition of twenty-five percent (25%) of the property owners residing in a subdivision, the governing body of the municipality to extend by ordinance any traffic rules that apply to a road owned by the municipality, or by the county in which the municipality is located, to the roads in the subdivision so that the roads of the subdivision are under the same traffic rules, if the governing body of the municipality finds the ordinance in the interest of the municipality generally; and WHEREAS, pursuant to the Statute, at least twenty-five percent (25%) of the property owners residing in Carolina Crossing South (collectively, the "Owners"), together with the governing body of the Association, desire to petition the City to enforce the traffic rules and laws related to the operation of motor vehicles on public thoroughfares of the City on the Private Streets and to obtain the patrol presence of the City Police Department for the health, safety, and welfare of the City's citizens residing in Carolina Crossing South; and WHEREAS, the Owners and the Association acknowledge and agree that enforcement of the requests set forth in this Petition for City of Schertz Police Patrol and Enforcement in Gated Comm-unity of Carolina Crossing South (the "Petition") are subject to the passage of an ordinance (the "Ordinance") by the City Council of the City (the "City Council") stating that the 50556696.3 Petition for City of Schertz, Texas Patrol and Enforcement In Gated Community of Carolina Crossing South Private Streets are to be considered to be public streets for the purposes of the application and enforcement of specified traffic rules; and WBEREAS, the Owners and the Association aclmowledge that if the City Council chooses to act on this Petition, the Owners and the Association may be required to enter into an agreement in the form of the Traffic Enforcement Agreement (Carolina Crossing South) set forth on Exhibit "A" attached hereto and incorporated herein for all purposes (the "Agreement'), as such form may be amended following City Council's receipt and review of this Petition, with the City setting forth the terms and conditions upon which the traffic rules that apply in the City shall apply in Carolina Crossing South, and in that event, said agreement shall be an exhibit to the Ordinance. NOW, TBEREFORE, this Petition is submitted to comply with the Statute and to request that the City Council accept the Petition and find that it is in the best interest of the City to draft and approve an ordinance authorizing the City to apply the City's traffic rules and laws related to operation of motor vehicles on public thoroughfares of the City to the Private Streets. I I VIVyK Pursuant to the Statute, the Owners and the Association petition the City as follows: I �- I , �-- The Owners and the Association petition the City to direct the City's Police Department to provide law enforcement to Carolina Crossing South for the purposes of patrol, enforcement of traffic control, and laws related to operation of motor vehicles, investigation of criminal activity, and deterrence of criminal activity in the violation of City and State laws within the jurisdiction of the City's Police Department for the health, safety, and welfare of the City citizens residing in Carolina Crossing South. 2. Satisfaction of Conditions Precedent: (a) The Statute applies to a subdivision in which the roads are privately owned or maintained. The Private Streets are privately owned and maintained by the Association. (b) The Statute applies to a municipality with a population of three hundred (300) or more, and the City is a municipality with a population of more than three hundred (300), (c) The Statute requires this Petition be made by either at least twenty-five percent (25%) of the property owners residing in Carolina Crossing South or the governing body of the entity that maintains the Private Streets. The Owners and the Association have jointly submitted this Petition. Each Owner executing this Agreement covenants that he/she is the legal fee simple owner (and not a renter) 50556696.3 - 2 - Petition for City of Schel tz, Texas Patrol and Enforcement In Gated Comm-unity of Carolina Crossing South of the property address listed by his/her name on the signature pages to this Agreement, 3. Municipality May Extend Services: The Statute provides that the governing body of the municipality may extend by ordinance any traffic rules that apply to a road owned by the municipality, or by the county in which the municipality is located, to the roads in the subdivision so that the roads of the subdivision, such as Carolina Crossing South, are under the same traffic rules, if the governing body of the municipality finds the ordinance in the interest of the municipality generally. 111111111 !11111,111 11,1111111 I I , 11, �� ,A '1 1 1, The Owners and the Association seek to extend all traffic rules of City thoroughfares similar to those within Carolina Crossing South to the Private Streets, including, but not limited to: (a) Speed limit of 20 mph; (b) Vehicle registration and inspection laws; and (c) Traffic rules and laws regarding speed, signal indicators, stop signs, parking, and similar traffic laws. In compliance with the Statute, this Petition specifies the traffic rules that are sought to be extended. The Owners and the Association request that the City extend all of such requested rules to the Private Streets for the safety, health, and welfare of the City's citizens residing in Carolina Crossing South. 5. Traffic Enforcement Agreement: The Owners and the Association desire to enter into the Agreement with the City. 6. Lack of Necessity for Payment of Costs of Police Service: The Owners and the Association seek no different enforcement or service than that made available and provided to all other citizens and taxpayers of the City, and pursuant to the Statute. While the City may require that owners of property in the subdivision pay all or part of the cost of extending and enforcing the traffic rules in the subdivision, there should be no additional cost than that borne for any other citizen. Accordingly, the Association petitions that no additional charges be imposed for the provision of the police service in accordance with the agreement between the Association and the City. 7. Proposed Method of Enforcement: If -the City Council passes an Ordinance, the Owners and the Association acknowledge that the Private Streets will be considered to be public streets for purposes of the application and 505566963 -3 - Petition for City of Schertz, Texas Patrol and Enforcement In Gated Community of Carolina Crossing South enforcement of the specified traffic rules. The Owners and the Association will comply with all City requests for placement of necessary official traffic control devices on property abutting the Private Streets if those devices relate to a specified traffic rule and are either located on property owned by the Association or one of the Owners, the consent of the owner of that property (if not owned by the Association or one of the Owners) is obtained, or an easement is available for the placement of the device. 8. Execution: This Petition is made and executed by the Owners and an authorized representative of the Association. 9. Submission of Petition: This Petition will be filed with the City Secretary's office. The Owners and the Association submit this Petition and request that the City Council grant all matters requested herein and pass an appropriate ordinance of the City consistent with this Petition and the laws of the State of Texas and the City. [Yhe remainder of this page intentionally left blank] 50556696.3 - 4 - Petition for City of Scheitz, Texas Patrol and Enforcement In Gated Community of Carolina Crossing South PETITION FOR CITY OF POLICE PATRO SCHERTZ L AND ENFORCEMENT The undersigned has executed this instrument as of the date of the acknowledgement below. COUNTY OF thkM ,I EtWiM (SEAL) S Slate SARAH E GONZALEZ ry Pu, NlryPublic of T 0 of Teas a MYCOMM Xp _ .10-31 MY Comm.xp.10 3 -2016 0000000j 50556696.3 a Ely:W tzv-/ Name: Title: - 5 - Petition for City of Schertz, Texas Patrol and Enforcement In Grated Community of Carolina Crossing South PETITION CONFIRMED BY GIS DEPARTMENT AND MAP IDENTIFYING SIGNATURES -7- The undersigned have executed this instrument as of the dates set forth below. Each person signing this instrument below covenants that he/she is the legal fee simple owner (and not a renter) of the property address listed by his/her name. JOk kt;6 jWtJ &111 50556696.3 �r a Al - YOO 350 54erm&r- /o/M 3s3a - 6 - Petition for City of Schertz, Texas Patrol and Enforcement In Gated Community of Carolina Crossing South Printed Name Signature Property Address 11IT" 11 TIT i A 50556696.3 6 - Petition for City of Schertz, Texas Patrol and Enforcement In Gated Community of Carolina Crossing South CT LOGE ""urzce lzlow,oz 9/0— "A, V Sk co/0 2.318 1 PeMA T v JO 31 Oo 50556696.3 6 - Petition for City of Schertz, Texas Patrol and Enforcement In Gated Community of Carolina Crossing South uarolina rossmg { { � O _ Lt ;r .t , IDA P HIM Ni [; EXECUTED -JjC� &Y Of 6 coo daL r .2014- s Name _ S Of Owner • mss: ti � , %`� 9 q Homeowners Association, G= 1. Owner Owners ame d) Ql tade of OWJ The undersigned have executed this instrument as of the dates set forth below. Each person signing this instrument below covenants that he/she is the legal fee simple owner (and not a renter) of the property address listed by his/her name. Printed Name I Signature I Property Address Phone Number Date—] 50556696.3 /10, - 6 - Petition for City of Schertz, Texas Patrol and Enforcement In Gated Community of Carolina Crossing South The undersigned have executed this instrument as of the dates set forth below. Each person signing this instrument below covenants that he/she is the legal fee simple owner (and not a renter) of the property address listed by his/her name. Printed Name Signature Property Address Phone Number Date 3S(O I IFVI P"(-N Y4 �a f P I //Y Is S 419- loist/ 14 50556696.3 Petition for City of Schertz, Texas Patrol and Enforcement In Gated Community of Carolina Crossing South by Proxy Signatories 26 25.2% Total Petitioners 28 27.2% Total Properties (Unit 1) 103 i i PAPP qllll R !I CL a �t N 666 f/A Y m TRAFFIC ENFORCEMENT AGREEMENT (CAROLINA CROSSING SOUTH) This Traffic Enforcement Agreement (Carolina Crossing South) (the "Agreement ") among the City of Schertz, Texas, a Texas Municipal Corporation (the "City ") and the Carolina Crossing South Home Owners Association (the "Association ") is entered into as of the date of the final signature of the parties (the "Effective Date "). WITNESSETH: WHEREAS, Carolina Crossing South ( "Carolina Crossing South ") is a private gated community in the City of Schertz, Guadalupe County, Texas, generally located at Savannah Drive and Saratoga Place and containing a total of one hundred three (103) residences; and WHEREAS, the Association is the owner of the private streets in Carolina Crossing South (the "Private Streets ") and is responsible for the maintenance thereof; and WHEREAS, the Association acknowledge that Carolina Crossing South is a subdivision within the City limits of the City and in accordance with the Texas Transportation Code Section 542.008 (the "Statute "), the Association presented a petition to the City Council of the City (the "City Council ") seeking to cause the traffic rules and laws related to operation of motor vehicles on public thoroughfares of the City to apply to the Private Streets in Carolina Crossing South (the "Petition "); and WHEREAS, the City Council has found the Petition in the best interest of the City generally, has accepted the Petition, and directed the City staff to draft an ordinance and this Agreement, according to the requirements of the Statute to provide for the enforcement of the traffic rules and laws related to operation of motor vehicles on public thoroughfares of the City to apply to Private Streets in Carolina Crossing South. NOW, THEREFORE, in consideration of the covenants and agreements contained herein and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the City and the Association agree as follows: 1. Term. Pursuant to the Statute, the City has extended the traffic rules and laws related to operation of motor vehicles on public thoroughfares of the City to apply to the Private Streets in Carolina Crossing South. The Association agrees that, pursuant to this Agreement, the Private Streets are considered to be public streets for purposes of the application and enforcement of the traffic rules and laws addressed herein and that this Agreement shall remain in effect until such time as the City should determine, by ordinance, that it is not in its interest to enforce the traffic rules and laws within Carolina Crossing South. 2. Traffic Signs. The Association shall install subdivision traffic signs and street name blade signs in compliance with both the Texas Manual of Uniform Traffic Control Device standards and the City's standards. The Association shall be solely responsible for all costs and expenses of the signs and the installation thereof. Traffic Enforcement Agreement Carolina Crossing South 1 3. City Patrol. Effective on the date an ordinance is adopted to extend traffic laws and rules police officers of City will be authorized to begin issuing traffic citations for violations of traffic laws occurring on the roads within the subdivision when appropriate and in the discretion of police officers of City, such police officers having the sole discretion in such matters. 4. No Warranties or Representations. Neither City nor City's Police Department or City's police officers make any representations or warranties to the Association or to anyone else in relation to City patrols or City enforcement of traffic laws on the roads within the subdivision. City disclaims any responsibility to maintain or improve the roads within the subdivision or any street signs or traffic signs on said roads, said maintenance and improvement responsibility to be and remain solely that of the Association. 5. Speed Humps. The Association agrees that all speed humps on the Private Streets must comply with the City's standards. New speed humps must receive approval through the normal City process and are the discretion of the City of Schertz based on City policies and standards. The Association shall be solely responsible for all costs and expenses necessary to bring and keep the speed humps in compliance. 6. Plans, Installation, and Approval. Prior to installation of the subdivision traffic signs and street name blade signs and prior to work being done on the speed humps, the Association shall submit plans for the design and specifications of such traffic and street name or other signage and such speed humps and obtain written approval from the City. The Association shall construct, repair, and /or install, or cause the construction, repair, and /or installation of, such signage and speed humps in accordance with the approved plans. 7. Association Obligations. The Association will pay for all repairs, replacement, and maintenance of all signage and speed humps to maintain compliance with the applicable standards set forth herein. All maintenance performed by the Association will meet the specifications of the codified requirements of the City related to traffic signage and speed humps in residential subdivisions. If the City determines that repairs, replacement, and /or maintenance are required, the City shall inform the Association in writing of the need for said repairs, replacement, and/or maintenance, and the Association shall commence said repairs, replacement, and /or maintenance within fourteen (14) calendar days of such notice and diligently pursue the work thereon, with completion thereof not to exceed forty -five (45) calendar days. 8. Traffic Control Devices. Pursuant to the authority granted under the Statute, the City may place official traffic control devices on property abutting the Private Streets if (1) those devices relate to a specified traffic rule; and (2) the consent of the owner of that property is obtained or an easement is available for the placement. The Association hereby consents to the placement of any such devices on the property owned by them. No additional consent shall be required. 9. Payment. The Association will not be required to pay any additional cost for the services requested herein, unless such services are requested in excess of the services provided to City citizens that do not reside in private gated communities in the City. Notwithstanding the foregoing, the Association shall be required to pay those costs and expenses discussed in Sections 2, 5, 6, and 7, and 8 of this Agreement. Traffic Enforcement Agreement Carolina Crossing South 2 10. INDEMNIFICATION. THE ASSOCIATION ON BEHALF OF EACH OF THEIR SUCCESSORS, ASSIGNEES, GRANTEES, AND /OR TRUSTEES DOES HEREBY AGREE TO RELEASE, DEFEND, INDEMNIFY, AND HOLD HARMLESS THE CITY AND ITS CITY COUNCILMEMBERS, OFFICERS, AGENTS, REPRESENTATIVES, AND EMPLOYEES (THE "INDEMNIFIED PARTIES ") FROM AND AGAINST ALL DAMAGES, INJURIES (INCLUDING DEATH), CLAIMS, PROPERTY DAMAGES (INCLUDING LOSS OF USE), LOSSES, DEMANDS, SUITS, JUDGMENTS AND COSTS, INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS' FEES AND EXPENSES (INCLUDING, WITHOUT LIMITATION, ATTORNEYS' FEES AND EXPENSES INCURRED IN ENFORCING THIS INDEMNITY), CAUSED BY THE NEGLIGENT, GROSSLY NEGLIGENT, AND /OR INTENTIONAL ACT AND /OR OMISSION OF THE ASSOCIATION IN THE PERFORMANCE OF ITS OBLIGATIONS UNDER THIS AGREEMENT, IN WHOLE OR IN PART, REGARDLESS OF THE JOINT OR CONCURRENT NEGLIGENCE OR STRICT LIABILITY OF THE CITY (HEREINAFTER "CLAIMS "). THE ASSOCIATION IS EXPRESSLY REQUIRED TO DEFEND THE INDEMNIFIED PARTIES AGAINST ALL SUCH CLAIMS. IN ITS SOLE DISCRETION, THE CITY SHALL HAVE THE RIGHT TO APPROVE OR SELECT DEFENSE COUNSEL TO BE RETAINED BY THE ASSOCIATION IN FULFILLING THEIR OBLIGATIONS HEREUNDER TO DEFEND AND INDEMNIFY THE INDEMNIFIED PARTIES, UNLESS SUCH RIGHT IS EXPRESSLY WAIVED BY THE CITY IN WRITING. THE CITY RESERVES THE RIGHT TO PROVIDE A PORTION OR ALL OF ITS OWN DEFENSE; HOWEVER THE CITY IS UNDER NO OBLIGATION TO DO SO. THIS SECTION 10. SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT WITH RESPECT TO ANY INCIDENT OCCURRING DURING THE TERM HEREOF. 11. Miscellaneous. (a) Breach. In the event of a breach of this Agreement by any party, any other party may pursue any remedies available at law or in equity, including without limitation, specific performance. (b) Assignment, Binding Nature, and Recording. This Agreement may not be assigned by the Association. (c) Notices. Any notice required or permitted by this Agreement is effective when personally delivered in writing or two (2) business days after notice is deposited with the U.S. Postal Service, postage prepaid, certified mail with return receipt requested, and addressed as follows: City: City of Schertz, Texas 1400 Schertz Parkway Traffic Enforcement Agreement Carolina Crossing South 3 Schertz, Texas 78154 Attention: City Manager with copy to: Denton Navarro Rocha Bernal Hyde & Zech, P.C. 2517 N. Main Avenue San Antonio, Texas 78212 Attention: Charlie Zech, Esq. Association: Attention: with copy to: Attention: The parties may, from time to time, change their respective addresses listed above to any other location in the United States for the purpose of notice under this Agreement. A party's change of address shall be effective when notice of change is provided to the other party in accordance with the provisions of this Section 1 L(c). (d) Ca ap cities. The person executing this Agreement on behalf of the Association represents and warrants that he /she has the authority to do so in the capacity stated. (e) Interpretation. This Agreement will be deemed drafted equally by all parties hereto. The language of all parts of this Agreement will be construed as a whole according to its fair meaning, and any presumption or principle that the language in this Agreement is to be construed against any party will not apply. Headings in this Agreement are for the convenience of the parties and are not intended to be used in construing this document. (f) Further Assurances. The parties agree to take such further actions and to sign such further documents as may be reasonably necessary or appropriate to fulfill the intent of, and to complete the transactions described in this Agreement. (g) Unenforceability. If any part, term, or provision of this Agreement is held by the courts to be illegal, invalid, or otherwise unenforceable, such illegality, invalidity, Traffic Enforcement Agreement Carolina Crossing South 4 or unenforceability shall not affect the validity of any other part, term, or provision, and the rights of the parties will be construed as if the part, term, or provision was never part of this Agreement. (h) Choice of Law. This Agreement will be construed under the laws of the State of Texas without regard to choice -of -law rules of any jurisdiction. Venue shall be in the State District Courts of Guadalupe County, Texas with respect to any lawsuit arising out of or construing the terms and provisions of this Agreement. No provision of this Agreement shall constitute a consent to suit by any party. (i) Counterparts. This Agreement may be executed in a number of identical counterparts, each of which will be deemed an original for all purposes. (j) Immunity. By execution of this Agreement, the parties agree that the City has not waived or surrendered any of its governmental powers, immunities, or rights. (k) Force Majeure. Notwithstanding anything to the contrary contained herein, in the event a party is prevented from performing its obligations hereunder due to inclement weather, strikes, riots, civil unrest, or any other cause which is beyond the reasonable control of such party (a delay due to any such cause being referred to herein as a "Force Majeure Delay ") then the time period for such party's performance shall be extended by the length of the Force Majeure Delay and such party's failure to perform such obligation shall be excused for the duration of, and to the extent of, such Force Majeure Delay. [The remainder of this page intentionally left blank] Traffic Enforcement Agreement Carolina Crossing South IN WITNESS WHEREOF, the parties hereby have executed this Agreement to be effective as of the Effective Date. THE CITY: CITY OF SCHERTZ, TEXAS, a Texas municipal corporation LIA, John C. Kessel, City Manager Date: THE ASSOCIATION: a By: — Name: Title: Date: Traffic Enforcement Agreement Carolina Crossing South 6 DATE February 5, 2015 CITY OF SCHERTZ PUBLIC WORKS DEPT. 10 COMMERCIAL PLACE SCHERTZ, TX 78154 PHONE # 619 -1800 FAX # 619 -1849 Price Quote JOB DESCRIPTION: Carolina Crossing South MATERIALS QTY UNIT COST TOTAL COST 30 "x30" Stop Signs 4 $38.00ea $152.00 18 "x24" Speed Limit 20 Mph Signs 3 $28.00ea $84.00 Wedges & Sockets 3 $14.95ea $44.85 LABOR TOTAL $124.00 MATERIALS TOTAL $134.70 SIGNS TOTAL $236.00 MATERIALS QTY UNIT COST TOTAL COST 10' Sign Pipe 3 $21.95ea $65.85 Sign Clamps 6 $4.00ea $24.00 Wedges & Sockets 3 $14.95ea $44.85 LABOR TOTAL $124.00 MATERIALS TOTAL $134.70 LABOR HOURS COST /HOUR TOTAL COST Wk II 4 $18.00hr $72.00 Wk 1 4 $13.00hr $52.00 $683.90 LABOR TOTAL $124.00 EQUIPMENT HOURS COST /HOUR TOTAL COST Service Truck 4 $25.00hr $100.00 EQUIPMENT TOTAL Subtotal Administration fee 15% Grand Total $100.00 $594.70 $89.20 $683.90 Fabricate and Install Speed Limit Signs for Carolina Crossing South. Agenda No. 3 CITY COUNCIL MEMORANDUM City Council Meeting: April 14, 2015 Department: Fire Department Subject: Resolution No. 15 -R -30 - Authorization to lease - purchase two (2) new patient care monitor /defibrillators to replace aging equipment. The Fire Department first responds along with EMS to critical life threatening emergencies every day. On each and every one of these responses, the piece of equipment that is utilized from the moment we make contact with the patient until that contact is complete is our Patient Care Monitor /Defibrillator. This device, the Physio Control LifePak has the ability to monitor blood pressure, pulse, respiratory rate, oxygen and carbon dioxide levels in the blood, the patient's EKG rhythm, the 12 -lead EKG and, when needed, the ability to deliver therapeutic electricity to the patient to correct life threatening cardiac dysrhythmias. Our current devices, the LifePak 12, have been in service for over eleven years and have performed flawlessly. Unfortunately, these devices have exceeded their life span of ten years and due to technology changes and medical advancements; they will no longer be supported by Physio Control within the next eighteen months. The most up -to -date device is now the LifePak 15. The EMS Department lease purchased ten (10) of these devices in 2013 on a lease with a finance rate of 0% and will last sixty months. To maintain system consistency and allow both Fire and EMS crews to work with identical equipment on the most critical of patients, we desire to purchase these two devices that are identical to the EMS devices. Additionally, the EMS lease allows the City to purchase these two devices by addendum to the original EMS lease with their own sixty month term. Although the life span of these new monitors will be ten years, this lease will allow us to re- evaluate where technology and patient care is in five years at the expiration of the lease and then to make a decision to keep them for five additional years or make a decision to replace them at the conclusion of the lease. We are also planning to pre - purchase five years of the Physio Control maintenance and repair service plan on the monitors and finance that across the term of the lease. We currently have this plan in place on our current monitors, and due to their importance in patient care, we need to continue it to insure our devices are always properly functioning and calibrated appropriately. Traditionally, we have purchased this plan in two year increments through the normal budgeting process but placing this plan into the lease will provide additional savings over the five years. This plan covers on -site maintenance and repair, an annual service call to re- calibrate and test each device and replacement batteries as needed. By purchasing five years of this plan at the time of service, we get the annual inspection service call during year one where each device is City Council Memorandum Page 2 covered by warranty and then five full years of the plan after the warranty expires. By purchasing the entire plan up front, we save $150 per year per device and are insulated from any price increases in service plans throughout the first six years of the monitor's life. FISCAL IMPACT The fiscal impact for FY 2015 . will be $6,934.70. The amount for FY 2016 . through FY 2018 . will be $15,803.28. The lease will conclude in FY 2019 with a total payment of $7,866.18. The Fire Department budget for FY 2015 . includes a budgeted amount of $14,000 for this first year. In addition, the lease documents provide an out clause that terminates the lease if these funds are not appropriated at any time in the future for the life of the lease. RECOMMENDATION Staff recommends approval of Resolution No. 15 -R -30 authorizing the City Manager to sign lease purchase agreements with U.S. Bank for the acquisition of two Physio Control LifePak 15 monitor /defibrillators. ATTACHMENT Resolution No. 1.5 -R -30 U.S. Bank Lease Documents RESOLUTION NO. 15 -R -30 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING THE LEASE PURCHASE OF PATIENT CARE MONITORS AND DEFIBRILLATORS, AND OTHER MATTERS IN CONNECTION THEREWITH WHEREAS, the City staff of the City of Schertz (the "City ") has recommended that the City enter into a Lease - Purchase agreement for the acquisition of two (2) new patient care monitors and defibrillators for use by the Fire Department; WHEREAS, the City Council has determined that it is in the best interest of the City to enter into this lease- purchase agreement attached hereto as Exhibit A, for the health and public safety of Schertz citizens. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS Section 1. The City Council hereby authorizes the City Manager to enter into the attached agreement. Section 2. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Resolution for all purposes and are adopted as a part of the judgment and findings of the City Council. Section 3. All resolutions, or parts thereof, which are in conflict or inconsistent with any provision of this Resolution are hereby repealed to the extent of such conflict, and the provisions of this Resolution shall be and remain controlling as to the matters resolved herein. Section 4. This Resolution shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 5. If any provision of this Resolution or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Resolution and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City Council hereby declares that this Resolution would have been enacted without such invalid provision. Section 6. It is officially found, determined, and declared that the meeting at which this Resolution is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Resolution, was given, all as required by Chapter 551, Texas Government Code, as amended. Section 7. This Resolution shall be in force and effect from and after its final passage, and it is so resolved. PASSED AND ADOPTED, this 14th day of April, 2015. CITY OF SCHERTZ, TEXAS Mayor, Michael R. Carpenter City Secretary, Brenda Dennis (CITY SEAL) 50506221.1 - 2 - E -Mail: dwait @schertz.com Dear John C. Kessel: Enclosed please find the documentation necessary to enter into a Master Lease Agreement (the "Documents ") between U.S. Bank Equipment Finance, a division of U.S. Bank National Association and CITY OF SCHERTZ, TEXAS PROPERLY EXECUTED DOCUMENTS ALLOW US TO EXPEDITE FUNDINGS AND PURCHASE ORDERS. Please do not electronically scan and/or alter the contents of the Documents. If any changes are made (other than as properly authorized by us), we will not be able to accept these Documents for funding. Please contact Don Crosby at 800 - 253 -3468 ext 6032826 to assist you with the execution of your Documents. If we are unable to make contact, PLEASE NOTE THE FOLLOWING: ♦ ALL AREAS SHOULD BE SIGNED OR INITIALED AND DATED AS INDICATED. ♦ PLEASE COMPLETE ALL INSURANCE AGENT INFORMATION AND EXECUTE THE INSURANCE AUTHORIZATION FORM. We will forward to your insurance agent for confirmation. No further action is required from you. ♦ REMIT ALL MONIES DUE WHEN INVOICED TO U.S. BANK EQUIPMENT FINANCE, PO BOX 790413 ST. LOUIS, MO 63179 -0413. PLEASE NOTE: YOUR FIRST INVOICE WILL INCLUDE AN ORIGINATION FEE OF $350.00, PLUS ANY OTHER APPLICABLE PAYMENTS, DEPOSITS, TAXES AND /OR FEES. ♦ IF YOU WISH TO HAVE AUTOMATIC DEBIT FOR YOUR PAYMENTS, PLEASE COMPLETE THE ENCLOSED AUTHORIZATION FOR AUTOMATIC PAYMENTS. If elected, automatic debit will begin on your next billing cycle. ♦ IF YOU ARE ENTITLED TO SALES TAX EXEMPTION, PLEASE RETURN IT WITH YOUR EXECUTED DOCUMENTS. If you have any questions regarding your tax status, please contact the appropriate taxing, jurisdiction. ♦ THE DELIVERY AND ACCEPTANCE CERTIFICATE SHOULD BE PROPERLY DATED, SIGNED AND RETURNED ONLY AFTER ALL EQUIPMENT REFERENCED THEREIN HAS BEEN DELIVERED/INSTALLED SATISFACTORILY. Return the executed Documents to: U.S. Bank Equipment Finance, 13010 SW 68th Parkway, Suite 100, Portland, OR 97223. Documents should be returned via UPS. For your convenience, a shipping label has been included with your Documents. Please retain a copy of the executed Documents for your permanent records. Very truly yours, Don Crosby Finance Specialist 11/1 rMbank. SCHEDULE TO MASTER LEASE AGREEMENT EQUIPMENT FINANCE Schedule Number 030 -51436 -002 THIS SCHEDULE is made as of March 20, 2015 by and between U.S. Bank Equipment Finance, a division of U.S. Bank National Association ( "Lessor "), having offices at PO Box 230789, Portland, OR 97281 -0789, and CITY OF SCHERTZ, TEXAS ( "Lessee "), having its business located at 1.400 SCHERTZ PARKWAY, SCHERTZ, TX 78154, pursuant to the Master Lease Agreement dated as of November 12, 2013 between Lessee and Lessor (the "Lease "), the terms of which (including the definitions) are incorporated herein. The terms of the Lease and this Schedule together shall constitute a separate instrument. Capitalized terms used but not defined herein are used with the respective meanings specified in the Lease. If any terms hereof are inconsistent with the terms of the Lease, the terms hereof shall prevail. LESSOR AND LESSEE HEREBY COVENANT AND AGREE AS FOLLOWS: 1. The following specified equipment (the "Property ") is hereby made and constituted Property for all purposes pursuant to the Lease: The following is installed or stored at: 1400 SCHERTZ PARKWAY SCHERTZ, TX 78154 County: GUADALUPE "SEE ATTACHED EXHIBIT A" FOR EQUIPMENT DESCRIPTION ALL OF THE ABOVE TOGETHER WITH ALL REPLACEMENTS, PARTS, REPAIRS, ADDITIONS, ACCESSIONS AND ACCESSORIES INCORPORATED THEREIN OR AFFIXED OR ATTACHED THERETO AND ANY AND ALL PROCEEDS OF THE FOREGOING, INCLUDING, WITHOUT LIMITATION, INSURANCE RECOVERIES. 2. The cost of the Property ( "Property Cost ") is: $67,451.40 3. The total amount financed pursuant to this Schedule is: $67,451.40. 4. The first such payment shall be due upon acceptance (the "EquipmentAcceptance Date "). Each subsequent payment shall be due on the day corresponding to the day of the month of the Equipment Acceptance Date. Maintenance Payments. You will pay a single monthly Payment that includes your rent in the amount of $1,123.74 as follows for Sixty (60) months and a payment for maintenance, repairs, supplies and service of the Equipment ('Maintenance') owing to Supplier. We will bill you and remit to Supplier the portion of the monthly Payment that is for Maintenance in the amount of $193.20 for Forty - eight (48) months (and any tax), provided that we will not be obligated in any way to provide Maintenance for the Equipment; you will make all claims for Maintenance to Supplier; and your obligation to pay us rent will not be abated or offset for any reason, including any default by Supplier in providing the Maintenance. 5. TITLE PASSAGE. a. Lessee is obligated to purchase the Property at the end of the Term or any renewal hereof for a purchase price of $1.00 (the "Purchase Price ") to be paid at the end of the Tenn. The Purchase Price shall be deemed to be the "anticipated" residual value of the Property (as such term is used in the Lease). Upon commencement of the Term, any ownership interest of Lessor in the Property is hereby transferred to Lessee "As Is" and "Where Is" without any express or implied representations or warranties. Notwithstanding the foregoing, Lessor shall retain a security interest in the Property until all obligations to Lessor are satisfied. b. Notwithstanding anything to the contrary in the Lease, this Schedule shall be deemed to be a conditional sales contract and Lessor is not and shall not be deemed to be the owner of the Property for any purpose. Therefore, Lessor shall not be liable for personal property taxes assessed against the Property and shall not report the Property to the applicable taxing authorities. As owner, Lessee shall report and remit directly to the applicable taxing authorities any and all personal property taxes assessed against the Property, in accordance with applicable law, and shall maintain proof of payment. 6. Lessor and Lessee agree that Section 8 of the Lease entitled "Income Tax Indemnity" shall NOT apply to this Schedule. 7. Lessor and Lessee agree that the Property is mobile. IN WITNESS WHEREOF, the Lessor and the Lessee have each caused this Schedule to be duly executed as of the day and year first above written. U.S. Bank Equipment Finance, a division of U.S. Bank National Association (Lessor) C An Authorized Officer Thereof CITY OF SCHERTZ, TEXAS (Lessee) By: John C. Kessel City Manager 8/12 ADDRESS FOR ALL NOTICES: PO Box 230789 Portland, OR 9728 1 -07 89 1►1 Ili lllmook4low 1 11' 10 Lme. _Catalog # /.Description - ° (fir Price Unit Disc Trade -In Uniti?ncectTotal 1 99577 - 001257 - LP15 MONITORIDEFIB, CPR, 2 Pace, to 360j, SP021CO1MetHb, 12L GL, NIBP, CO2, Trend, ST THE LIFEPAK 15 IS AN ADAPTIV BIPHASIC FULLY ESCALATING (TO 360 JOULES) MULTI - PARAMETER MONITOR/DEFIBRILLATOR . 2 PAIR QUIK -COMBO ELECTRODES PER UNIT- 11996- 000091, TEST LOAD - 21330 - 001365, IN- SERVICE DVD - 21330 - 001486 (one per order) , SERVICE MANUAL CD- 21300 - 008084 (one per order) and SHIP KIT (RC Cable) 41577 - 000126 INCLUDED. HARD PADDLES, BATTERIES AND CARRYING CASE NOT INCLUDED. 2 11141 - 000115 - BASE -REDI- CHARGE MOBILE 2 BATTERY CHARGER BASE- REDI- CHARGE BATTERY CHARGER 3 21330 - 001176 - LI -ION BATTERY 5.7 AMP 8 HOUR CAPACITY RECHARGEABLE LITHIUM -ION, WITH FUEL GAUGE 4 11140- 000081 - Right angle cable (10 in) 2 included with ACPA & DCPA 5 11140- 000052 - LP 15 ADAPTER- REDI- 2 CHARGE BATTERY CHARGER LP 15 ADAPTER- REDI- CHARGE BATTERY CHARGER 6 11171- 000049 - RAINBOW DCI ADT 2 REUSABLE SENSOR, REF 2696 RAINBOW DC] ADT REUSABLE SENSOR, REF 2696 7 11171 - 000050 - RAINBOW DCIP PED 2 REUSABLE SENSOR, REF 2697 RAINBOW DCIP PED REUSABLE SENSOR, REF 2697 8 11160 - 000001 - NIBP CUFF- 2 REUSEABLE,INFANT 9 11160 - 000003 - NIBP CUFF- 2 REUSEABLE,CHILD r Catalog Qty 10 11160- 000005 - NIBP CUFF- 2 REUSEABLE,ADULT 11 11160 - 000007 - NIBP CUFF- 2 REUSEABLE,LARGE ADULT 12 11160 - 000009 - NIBP CUFF- REUSEABLE,X- 2 LARGE ADULT 13 21300 - 007299 - NIBP TUBING - 9 FOOT 2 FOR USE WITH LIFEPAK 15 MONITOR/DEFIBRILLATOR 14 11577- 000002 - LIFEPAK 15 Basic Carry Case 2 wf right & left pouches Includes shoulder strap 11577- 000001 15 11220- 000028 - Top_ Pouch 2 Storage for sensors and electrodes. Insert in place of standard paddles. 16 11260- 000039 - LP15 Rear Pouch for carrying 2 case 17 LP15- OSCOMP -3 - LIFEPAK 15 Service 2 . Contract - 3 YEAR. On -site Comprehensive Coverage. Price per unit 18 50999 - 000117 - ZONE TRAVEL CHARGE: 3 ZONE 1 EQUIPMENT FINANCE STATE AND LOCAL C� X11 1 Schedule Number -030 - 51436 -002 Addendum to Master Lease Agreement dated November 12, 2013, between CITY OF SCHERTZ, TEXAS, DBA: SCHERTZ EMS, as Lessee and U.S. Bank Equipment Finance, a division of U.S. Bank National Association, as Lessor. The parties wish to amend the above - referenced Lease by adding the following language: REPRESENTATIONS AND WARRANTIES OF LESSEE: Lessee hereby represents and warrants to Lessor that: (a) except as otherwise described herein, Lessee has been duly authorized by the Constitution and laws of the applicable jurisdiction and by a resolution of Lessee's governing body to execute and deliver this Lease and to carry out Lessee's obligations hereunder; (b) all legal requirements have been met, and procedures have been followed, including public bidding, in order to ensure the enforceability of this Lease; (c) this Lease is in compliance with all laws applicable to Lessee, including any debt limitations or limitations on interest rates or finance charges; (d) the Equipment will be used by Lessee only for essential governmental or proprietary functions of Lessee consistent with the scope of Lessee's authority, will not be used in a trade or business of any person or entity, by the federal government or for any personal, family or household use, and Lessee's need for the Equipment is not expected to diminish during the term of this Lease; (e) Lessee has funds available to pay contracted Payments until the end of Lessee's current appropriation period, and Lessee intends to request funds to make contracted Payments in each appropriation period, from now until the end of the term of this Lease Schedule Number 030 -51436 -002; and(f) Lessee's exact legal name is as set forth on page one of this Lease. NON - APPROPRIATION OR RENEWAL: If either sufficient funds are not appropriated to make contracted Payments or any other amounts due under this Lease or (to the extent required by applicable law) this Lease is not renewed, this Lease shall terminate and Lessee shall not be obligated to make contracted Payments under the Lease beyond the then - current fiscal year for which funds have been appropriated. Upon such an event, Lessee shall, no later than the end of the fiscal year for which contracted Payments have been appropriated, deliver possession of the Equipment to Lessor. If Lessee fails to deliver possession of the Equipment to Lessor, the termination shall nevertheless be effective but Lessee shall be responsible, to the extent permitted by law and legally available funds, for the payment of damages in an amount equal to the portion of contracted Payments thereafter coming due that is attributable to the number of days after the termination during which Lessee fails to deliver possession and for any other loss suffered by Lessor as a result of Lessee's failure to deliver possession as required. Lessee shall notify Lessor in writing within seven days after Lessee's failure to appropriate funds sufficient for the payment of the contracted Payments or (to the extent required by applicable law) this Lease is not renewed, but failure to provide such notice shall not operate to extend the Lease term or result in any liability to Lessee. The parties wish to amend the above - referenced Lease by restating the following language: Any provision in the Lease stating this Lease supersedes any invoice and /or purchase order is hereby amended and restated as follows: "Lessee agrees that the terms and conditions of the Lease and any supplement or schedule thereto and any related acceptance certificate constitutes the entire Lease regarding the financing or lease of the Equipment and supersedes any purchase order, invoice, request for proposal or other related document." Any provision in the Lease stating that the Lease shall automatically renew unless the Equipment is purchased, returned or a notice requirement is satisfied is hereby amended and restated as follows: "This Lease will renew for month -to -month terms unless Lessee purchases or returns the Equipment (according to the conditions herein) or sends Lessor written notice at least 30 days (before the end of any term) that Lessee does not want it renewed." Any provision in the Lease stating that Lessor may assign this Lease is hereby amended and restated as follows: "Lessor may sell, assign, or transfer this Lease without notice to or consent from Lessee, and Lessee waives any rights Lessee may have to such notice or consent." Any provision in the Lease stating that Lessee grants Lessor a security interest in the Equipment to secure all amounts owed to Lessor under any Lease is hereby amended and restated as follows: "To the extent permitted by law, Lessee grants Lessor a security interest in the Equipment to secure all amounts Lessee owes Lessor under this Lease, and Lessee authorizes Lessor to file a UCC -1 financing statement or be named on the vehicle title to show Lessor's interest." Any provision in the Lease stating that Lessee shall indemnify and hold Lessor harmless is hereby amended and restated as follows: "Lessee shall not be required to indemnify or hold Lessor harmless against liabilities arising from the Lease. However, as between Lessee and Lessor, and to the extent permitted by law and legally available funds, Lessee shall bear the risk of loss for, shall pay directly, and shall defend against any and all claims, liabilities, proceedings, actions, expenses, damages or losses arising under or related to the Equipment, including, but not limited to, the possession, ownership, lease, use or operation thereof, except that Lessee shall not bear the risk of loss of, nor pay for, any claims, liabilities, proceedings, actions, expenses, damages or losses that arise directly from events occurring after Lessee have surrendered possession of the Equipment in accordance with the terms of the Lease to Lessor or that arise directly from Lessor's gross negligence or willful misconduct. " Any provision in the Lease stating that a default by Lessee under any Lease with Lessor's affiliates or other lenders shall be an event of default under the Lease is hereby amended and restated as follows: "Lessee will be in default if: (i) Lessee does not pay any Payment or other sum due to Lessor under the Lease when due or if Lessee fails to perform in accordance with the covenants, terms and conditions of this Lease, (ii) Lessee makes or has made any false statement or misrepresentation to Lessor, (iii) Lessee dissolves, terminates Lessee's existence or files bankruptcy, or (iv) there has been a material adverse change in Lessee's financial, business or operating condition." Any provision in the Lease stating that Lessee shall pay Lessor's attorneys' fees is hereby amended and restated as follows: "In the event of any dispute or enforcement of rights under this Lease or any related Lease, Lessee agrees to pay, to the extent permitted by law and to the extent of legally available funds, Lessor's reasonable attorneys' fees (including any incurred before or at trial, on appeal or in any other proceeding), actual court costs and any other collection costs, including any collection agency fee." Any provision in the Lease requiring Lessee to pay amounts due under the Lease upon the occurrence of a default, failure to appropriate funds or failure to renew the Lease is hereby amended to limit such requirement to the extent permitted by law and legally available funds. Any provision in the Lease stating that the Lease is governed by a particular state's laws and Lessee consents to such jurisdiction and venue is hereby amended and restated as follows: "This Lease will be governed by and construed in accordance with the laws (without regard to the conflict of laws provisions) of the state where Lessee is located but giving effect to federal laws applicable to national banks. Lessee consents to jurisdiction and venue of any state or federal court in such state and waives the defense of inconvenient forum." By signing this Addendum, Lessee acknowledges the above changes to the Lease and authorizes Lessor to make such changes. In all other respects, the terms and conditions of the Lease remain in full force and effect and remain binding on Lessee. U.S. Bank Equipment Finance, a division of U.S. Bank CITY OF SCHERTZ, TEXAS, DBA: SCHERTZ EMS National Association Lessee Lessor Authorized Signatory John C. Kessel City Manager Date NOTE: SIGNER OF THIS DOCUMENT MUST BE SAME AS ON THE AGREEMENT. A FACSIMILE OF THIS DOCUMENT WITH SIGNATURE SHALL BE CONSIDERED TO BE AN ORIGINAL. CAPITALIZED TERMS IN THIS DOCUMENT ARE DEFINED AS IN THE AGREEMENT, UNLESS SPECIFICALLY STATED OTHERWISE. 10/14 EQUIPMENT IPMENT FINANCE DELIVERY AND ACCEPTANCE CERTIFICATE Schedule Number 030 -51436 -002 This Certificate is delivered to and for the benefit of Lessor and pertains to the following personal property (the "Property ") which is the subject of Schedule Number 030 -51436 -002, dated as of March 20, 2015, to Master Lease Agreement, dated as of November 12, 2013, between U.S. Bank Equipment Finance, a division of U.S. Bank National Association as Lessor and CITY OF SCHERTZ, TEXAS as Lessee (the 'Lease "): fiiy��/_ rYIIIe��Ia�17�: 7: 11371I_ fii�C �]. 7I�L�lillC7�1��t7�1 .Y�1.71iY[�]�I TOGETHER WITH ALL REPLACEMENTS, PARTS, REPAIRS, ADDITIONS, ACCESSIONS AND ACCESSORIES INCORPORATED THEREIN OR AFFIXED OR ATTACHED THERETO AND ANY AND ALL PROCEEDS OF THE FOREGOING, INCLUDING, WITHOUT LIMITATION, INSURANCE RECOVERIES. To the extent that the above description has been altered by us or differs from the Property description set forth in the Lease (including, but not limited to, changes to model or serial numbers), we certify that such alterations or differences are accurate and we acknowledge that, based upon this certification: 1) the Lease is hereby amended to reflect the above Property description; and 2) Lessor is hereby authorized to file amendment(s) to any Financing Statements filed under the Uniform Commercial Code in connection with the Lease, provided that all such amendments are consistent with the above Property description. WE HEREBY CERTIFY AND ACKNOWLEDGE THAT: a) the Property has been delivered to us; b) any necessary installation of the Property has been fully and satisfactorily performed; c) after full inspection thereof, we have accepted the Property for all purposes as of the date hereof, d) any and all conditions to the effectiveness of the Lease or to our obligations thereunder have been satisfied; e) we have no defenses, set -offs or counterclaims to any such obligations; f) the Lease is in full force and effect; and g) no Event of Default has occurred under the Lease. WE HEREBY REPRESENT AND WARRANT THAT: a) any right we may have now or in the future to reject the Property or to revoke our acceptance thereof has terminated as of the date hereof, b) we hereby waive any such right by the execution hereof, e) the date of this Certificate is the earliest date upon which the certifications, acknowledgments, representations and warranties made herein could be correctly and properly made. We hereby acknowledge that Lessor is relying on this Certificate as a condition to making payment for the Property. IN WITNESS WHEREOF, we have executed this Certificate as of the day of , 20 _ After signing and dating, please return to: U.S. Bank Equipment Finance, a division of U.S. Bank National Association 13010 SW 68'h Parkway, Suite 100 Portland, OR 97223 CITY OF SCHERTZ, TEXAS By: John C. Kessel City Manager IMPORTANT: Upon execution, please fax this Certificate to (800) 886 -1521 12/14 FIRST PAYMENT INVOICE PLEASE RETURN THIS PORTION WITH YOUR PAYMENT SCHEDULE NUMBER: 030 -51436 -002 Application # 1921512 CITY OF SCHERTZ, TEXAS 1400 SCHERTZ PARKWAY SCHERTZ, TX 78154 Attention: John C. Kessel Customer Phone Number: 210- 619 -1400 INVOICE DATE: March 20, 2015 AMOUNT DUE: $1,666.94 U.S. Bank Equipment Finance, a division of U.S. Bank National Association 030 -51436 -002 » » »» PLEASE RETAIN THIS PORTION FOR YOUR RECORDS « « «« All monthly payments MUST be sent to this address: U.S. Bank Equipment Finance PO Box 790413 St. Louis, MO 63179 -0413 U.S. Bank Equipment Finance, a division of ACCOUNT: 030 -51436 -002 U.S. Bank National Association AMOUNT DUE: $1,666.94 INVOICE DATE: March 20, 2015 QUESTIONS? PLEASE CALL 800 - 253 -3468 INVOICE SUMMARY Closing Fee $350.00 Pass Through Maintenance Payment $193.20 Current Charges [Payment One (1)] $1,123.74 TOTAL CURRENT CHARGES $1,666.94 TOTAL AMOUNT DUE WITH EXECUTED DOCUMENTS 11114 EQUIPMENT FINANCE Date: March 20, 2015 To: CITY OF SCHERTZ, TEXAS ( "Customer ") 1400 SCHERTZ PARKWAY SCHERTZ, TX 78154 INSURANCE AUTHORIZATION Schedule Number: 030 -51436 -002 Application # 1921512 From: U.S. Bank Equipment Finance, a division of U.S. Bank National Association ( "Creditor ") and its successors and assigns 1310 Madrid Street Marshall, MN 56258 Attn: Insurance Department TO THE CUSTOMER: In connection with one or more financing arrangements, Creditor requires proof in the form of this document, executed by both Customer* and Customer's agent, that Customer's insurable interest in the financed property (the "Property ") meets Creditor's requirements as follows, with coverage including, but not limited to, fire, extended coverage, vandalism, and theft: Creditor, AND ITS SUCCESSORS AND ASSIGNS shall be covered as both ADDITIONAL INSURED and LENDER'S LOSS PAYEE with regard to all equipment financed or leased by policy holder through or from Creditor. Customer must carry GENERAL LIABILITY (and /or, for vehicles, Automobile Liability) in the amount of no less than $1,000,000.00 (one million dollars). Customer must carry PROPERTY Insurance (or, for vehicles, Physical Damage Insurance) in an amount no less than the 'Insurable Value' $67,451.40, with deductibles no more than $10,000.00. *Customer: Please execute this form and return with your document package. Creditor will fax this form to your insurance agency for endorsement. In lieu of agent endorsement, Customer's agency may submit insurance certificates demonstrating compliance with all requirements. If fully executed form (or Customer - executed form plus certificates) is not provided within 15 days, we have the right to purchase such insurance at your expense. Should you have any questions, please contact the Insurance Department at (800) 828 -8246 Ext. 1513720. By signing, Customer authorizes the Agent named below: 1) to complete and return this form as indicated; and 2) to endorse the policy and subsequent renewals to reflect the required coverage as outlined above. Agency /Agent: Address Pbone/Fax E -Mail CITY OF SCHERTZ, TEXAS By: John C. Kessel, City Manager TO THE AGENT: In lieu of providing a certificate, please execute this form in the space below and promptly fax it to Creditor at (866) 405- 8329. This fully endorsed form shall serve as proof that Customer's insurance meets the above requirements. CANCELLATION: Should any of the above described policies be cancelled before the expiration date thereof, please deliver notice to U.S. Bank Equipment Finance, a division of U.S. Bank National Association in accordance with the policy provisions. Agent hereby verifies that the above requirements have been met in regard to the Property listed below. Print Name Of Agency: X �_Ml (Agent's Signature) Print Name: X Insurable Value: $67,451.40 PROPERTY DESCRIPTION FOR SCHEDULE NUMBER: 030 -51436 -002 "See attached exhibit A" for equipment description. Date: X TOGETHER WITH ALL REPLACEMENTS, PARTS, REPAIRS, ADDITIONS, ACCESSIONS AND ACCESSORIES INCORPORATED THEREIN OR AFFIXED OR ATTACHED THERETO AND ANY AND ALL PROCEEDS OF THE FOREGOING, INCLUDING, WITHOUT LIMITATION, INSURANCE RECOVERIES. 11 /14 EQUIPMENT FINANCE * ** *IMPORTANT NOTICE * * ** REGARDING PROPERTY TAX Customer Name: CITY OF SCHERTZ, TEXAS Schedule Number: 030 -51436 -002 The Property, which is subject to the Master Lease Agreement and the Schedule, MAY BE located in a jurisdiction which imposes property tax. Notwithstanding anything to the contrary in the Lease, this Schedule shall be deemed to be a conditional sales contract and Lessor is not and shall not be deemed to be the owner of the Property for any purpose. Therefore, Lessor shall not be liable for personal property taxes assessed against the Property and shall not report the Property to the applicable taxing authorities. As owner, Lessee shall report and remit directly to the applicable taxing authorities any and all personal property taxes assessed against the Property, in accordance with applicable law, and shall maintain proof of payment. Please check with the appropriate taxing authority for specific requirements or information. This notice has been provided to help ensure that your transaction is processed in the most timely and accurate manner. 03/10