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04-21-2015 Agenda with backupCity Council Agenda REGULAR SESSION CITY COUNCIL April 21, 2015, 6:00 P.M. HAL BALDWIN MUNICIPAL COMPLEX COUNCIL CHAMBERS 1400 SCHERTZ PARKWAY BUILDING #4 SCHERTZ, TEXAS 78154 City of Schertz Core Values Do the right thing Do the best you can Treat others the way you would want to be treats Work together cooperatively as a tea Call to Order — City Council Regular Session Invocation and Pledtes of Allegiance to the Flays of the United States and State of Texas. (Councilmember Azzoz) City Events and Announcements • Announcements of upcoming City Events (J. Bierschwale/B. James) • Announcements and recognitions by City Manager (J. Kessel) Workshop Session • Discussion regarding the Skate Park Phase II Project. (Item requested by Mayor Pro -Tem Edwards) (B. James /C. VanZandt) 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 04 -21 -2015 Council Agenda Officer, during the Hearing of Residents portion of the agenda, will call on those persons who have signed up to speak in the order they have registered. Discussion and Action Items 1. Minutes - Consideration and /or action regarding the approval of the minutes of the Regular Meeting of April 14, 2015. (J. Kessel /B. Dennis) 2. Resolution No. 15 -R -29 — Consideration and /or action approving a Resolution Authorizing an Emergency Services Mutual Aid Agreement with Alamo Area Fire Chiefs Association. (D. Wait /D. Covington) 3. Ordinance No. 1.5 -T -13 — Consideration and/or action approving an Ordinance authorizing a Budget Adjustment to the Drainage Channel Maintenance Fund for Improvements to the Laura Heights Drainage Channel — Downstream Section. First Reading (J. Bierschwale /L. Busch) 4. Resolution No. 15 -R -31 — Consideration and /or action approving a Resolution in Support of House :Bill 141.5 introduced by Representative John Kuempel during the 84th Regular Session of the Texas Legislature related to the establishment or use of cemeteries in certain municipalities. (J. Kessel /D. Wait) Roll Call Vote Confirmation Requests and Announcements 5. Announcements by City Manager • Citizen Kudos • Recognition of City employee actions • New Departmental initiatives 6. Requests by Mayor and Councilmembers that items be placed on a future City Council agenda. 7. Requests by Mayor and Councilmembers to City Manager and Staff for information. 8. 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 Adiournment 04 -21 -2015 City Council Agenda Page - 2 - 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 17th DAY OF APRIL 2015 AT 4:00 P.M., WHICH IS A PLACE READILY ACCESSIBLE TO THE PUBLIC AT ALL TIMES AND THAT SAID NOTICE WAS POSTED IN ACCORDANCE WITH CHAPTER 551, TEXAS GOVERNMENT CODE. P,revkA2 Devi ouibs Brenda Dennis, City Secreta I CERTIFY THAT THE ATTACHED NOTICE AND AGENDA OF ITEMS TO BE CONSIDERED BY THE CITY COUNCIL WAS REMOVED BY ME FROM THE OFFICIAL BULLETIN BOARD ON DAY OF 2015. Title: This facility is accessible in accordance with the Americans with Disabilities Act. Handicapped parking spaces are available. If you require special assistance or have a request for sign interpretative services or other services please call 210 - 619 -1030. The City Council for the City of Schertz reserves the right to adjourn into executive session at any time during the course of this meeting to discuss any of the matters listed above, as authorized by the Texas Open Meetings Act. Executive Sessions Authorized: This agenda has been reviewed and approved by the City's legal counsel and the presence of any subject in any Executive Session portion of the agenda constitutes a written interpretation of Texas Government Code Chapter 551 by legal counsel 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. 04 -21 -2015 City Council Agenda Page - 3 - 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 -21 -2015 City Council Agenda Page - 4 - Agenda No. 1 CITY COUNCIL MEMORANDUM City Council Meeting: April 21, 2015 Department: Subject: City Secretary Minutes The City Council held a Regular meeting on April 14, 2015. WLTG • �On None RECOMMENDATION Staff recommends Council approve the minutes of the regular meeting of April 14, 2015. Minutes — Regular meeting April 14, 2015. MINUTES REGULAR MEETING April 14, 2015 A Regular Meeting was held by the Schertz City Council of the City of Schertz, Texas, on April 14, 2015, at 6:00 p.m., in the Hal Baldwin Municipal Complex Council Chambers, 1400 Schertz Parkway, Building #4, Schertz, Texas. The following members present to -wit: Mayor Michael Carpenter Mayor Pro -Tem Cedric Edwards Councilmember Jim Fowler Councilmember Grumpy Azzoz Councilmember Daryl John Councilmember Robin Thompson Staff Present: City Manager John I.essel Deputy City Manager John Bierschwale Executive Director Brian James Interim Executive Director Dudley Wait City Attorney Charles Z h . City Secretary Brenda Dennis Call to Order Mayor Carpenter reminded the students here this evening who are participating in the Hal Baldwin Scholarship to either sign the she 11 the back before leaving or see the City Secretary. Mayor Carpenter recognized Curtis Ryder and Benjamin Saravid' °with Troop 398 who have joined us this evening as they are working on their Citizenship in the Community merit badge. Mayor Carpenter welcomed them and had them stand to be recognized. Mayor Carpenter called the meeting to order at 6: Invocation and Pledaes of Allegiance to the Flags of the United States and the State of Texas (Qouncilmember fowler) Councilmember Fowler prodded the invocation followed by the Pledges of Allegiance to the Flags of the United States and1he State of Texas. Events • Announcements of upcoming City Events (J. Bierschwale /B. James) Mayor Carpenter recognized Director of Development Services Brian James who provided the following announcements: • Sunday, April 19, Gutierrez Park Re- Dedication, 1300 Block of Borgfeld Road, 1:00 p.m. to 5:00 p.m. • Friday, April 24, 6th Annual Schertz /Cibolo Lions Club Casino Night -Civic Center, 7:00 p.m. 04 -14 -2015 Minutes Page - 1 - 0 Sunday, May 17 Schertz EMS Golf Tournament- Olympia Hills Golf Course • Announcements and recognitions by City Manager (J. Kessel) Mayor Carpenter recognized City Manager John Kessel who stated that with our new sound system we still need to speak directly into the microphones both on the dais and at the speaker podium. The new sound system is much better, but not if you turn away from the microphones the audience cannot hear you. Mr. Kessel stated that he had received a couple of rc Nichols who was recently recognized by the City Se( has done to assist them in preparing and posting the able to help them streamline the production with a tremendous timesaver. (2) Letter from General Elcta stated that they had Shift C / Engine 2 come out ar. 100 employees regarding proper techniques fegardir extinguishers and training on other 911 eventsparti, Jason Timrock, and Myron Burger. Thanks tb n business partners. Mr. Kessel also stated that as a over 93% participation in the Assessment Tool. He stated we w the 7 %, 8 of them were crossing participation. Presentations Wi itions: (1), IT Department, Ray Y s Department for the work he [as 6u ,the City website. He was ;rent "process and it has been a aising the Fire Department. He wide training':" to approximately suppression With, utilizing fire y Chris King, John Hernandez, Shift C for working with our eeds from the 2015 Wilenchik Walk/Run. (D. Mayor Carpenter ret ognized Events Coordinator Mary Spence who provided a briefing regarding the participation in the 2015 Wilenchik Walk/Run event, providing photos. Ms. Spend Mated that this event is in memory and in honor of Councilmember Tony WilenchiLMs. Spence',stated that tonight we have a check in the amount of $9,089.26 to present to the Cancer Therapy & Research Center (CTRC). Ms. Spence stated our numbers are a,bit less than in previous years as we were not able to take advantage of the contributions obtained from our firefighters who would go up toward FM 3009 and FM 1.1.03 along with our Public Works Department and collect /solicit funds. Due to some permitting changes that restricts what they can solicit funds for we were not able to add these contributions this year. The HEB sponsorship and the T -Shirt sponsorships were enough to cover the expenses so all other contributions from everyone else will be contributed to CTRC. Ms. Spence stated that to date the City has contributed $150,281.81 to CTRC. 04 -14 -2015 Minutes Page - 2 - Mayor Carpenter and Ms. Spence recognized Dr. Steve Weitman, Ms. Elizabeth Diaz, Ms. Sherry Ortiz and Ms. Valerie Wilenchik who came forward and presented them with the check. Mr. Weitman thanked the City. Mayor Carpenter stated that we do this walk every year and wanted to take a moment this year that if anyone is here that doesn't know Tony Wilenchik was and why it is the Wilenchik Walk shared briefly the following information: Tony used to sit in the chair where Mayor Pro -Tem Edwards sits today, he used to sit in the chair next to him, where Councilmember Thompson sits. Mayor stated that he - w able to sit next to Councilmember Wilenchik for a number of years and we cut up all the time at that end of the dais. From the first day that he (Mayor) was on C 'iiy Council Tony made him feel welcome and helped him to learn what he needed to 'be effective Tony also taught the City Council some things about finance that we all knew, but he "helped them understand it better. He introduced all of us on the Council this word called arbitrage. He explained to us that if we were financially responsible enough we could get to a;p►iace where we could earn more on our investments than it casts us to borrow money. And you know how often we do that now. We refund bonds, and give money back. We purchased a fire truck recently and our investments are paying us L!1 liercent, and we borrowed money at 1.29 percent. We were not thinking that way until �'1 ony sat in that seat. Another thing Tony did, and he was the only person in the State thatfigdred out the actual formula for not only understanding how the State 'Comptroller Office figures out a City's have what their effective tax rate should be but the budget, srocess in a'single formula that only took one 4 foot x 8 foot white board. Mayor Carpenter shied that he wanted to share this with the audience this evening. Tony passed while he was serving. He was so courageous and adamant about :serving this City, that he''' did so up until the last week before he passed. He demonstrated ;tremendous dedication and courage, and an incredible gift that he gave to this City in teaching the Council and the staff to think differently how a municipality might work. That's who Tony +Vil nch k was to the City in just a small encapsulation, there were many more attributes. He was a great friend and colleague. Mayor Carpenter thanked Valerie Wilenchik fair sharing him with us for so many years. 2015 Wilenchik Walk/Run. (D. Wait /M. Spence) Mayor C rpenter recognized Events Coordinator Mary Spence who stated that tonight awards for best t -shirt design, most funds raised and the winners of the 5K run will be presented. The following awards were presented: 1st Place Team T -Shirt 2nd Place Team T -Shirt Most Funds raised by an individual Most Funds raised by a Team 1st Place Men (Run) 1st Place Women (Run) Team Alvarado Team 50 Shades of Awesome GEVC (Collections at offices) Team EDC Racerz Clayton Stout Donna Thompson • Sweetheart Court Fiesta Medal Presentation. (D. Wait/E. Matlock) 04 -14 -2015 Minutes Page - 3 - Mayor Carpenter recognized Miss Schertz Kiana Leal who introduced the 2014/15 Sweetheart Court members: Miss Jubilee, Elena Garcia, Miss Friendly City, Sydney Fischer, and Miss Sunshine, Megan Rhoads. Miss Schertz invited the Council to join them on Thursday, May 7, 2015, 2015 for the Schertz Sweetheart Pageant and Coronation, which will be held at Schertz Civic Center, 5:30 to 9:00 p.m. Mayor Carpenter recognized Miss Sunshine, Megan Rhoads who came forward also inviting the Council to what them on TV or come down to the Fiesta Flambeau Parade on April 25, 2015. Members of the 2014/15 Sweetheart Court passedout the Fiesta Medals. Mayor Carpenter and Council thanked the Sweetheart Court for representing the City. Mayor Carpenter stated that Mayor Pro -Tem Edwards had ',,4 question and wanted to know if you knew what a vinyl record was. Miss Schertz stated that she has a Billy Jo one hanging in her room. Workshop Session • Discussion and update on the Senior Center, {Item requested by Thompson.) (J. Kessel /B. James) Mayor Carpenter recognized Executive— Director of Development Brian James who stated that sometime ago we terminated ; the 'agreement with Cnual County Senior Citizen Foundation and decided to part and go differertt: directions. ale stated that he appreciated their efforts in growing the center to what it"was. Be stated you may recall that one of the big issues that precipilated:that was the loss of the free lunch program that we had which was a big cam anent of or center. Because of some funding issues the Foundation started charging for meals 4nd our numbers dropped off. At that point the Parks staff took over and began doing double duty to help the Senior Center keep functioning. At that point it reaffirmed ut decision that because the City does not operate any of our own recreation programs, we really need t6' utilize partnerships for this. We do not have recreation staff, our parks staff generally deals with the upkeep and maintenance of our lurk facilities. As w were ably tci get in there we quickly said this is not something that we, really have the capacity to do and to do it well. We have worked together to pull a Request for Proposal, (RFP) for an operator, but one of the big issues is still the meal program'. When the City took over we began to utilize local restaurants that were kind enough to work with us and come up with a menu for the day. Seniors would sign up for lunch and would kick in a portion of the cost; $4.00 meal would be brought in and served. This kept the meal program going but again the numbers were fairly low with this. We then reached out to AACOG and were able to partner with CCSCT, the Community Council of South Central Texas which is out of Seguin to begin providing meals for the center. Because CCSCT had worked with AACOG they had received a grant, the City reached out to CCSCT and they were able to provide meals to our Senior Center. This has been going on since mid - January. CCSCT produces a menu, they bring over the food and our kitchen volunteers serve the meal. On occasion the City supplements the meal should they run out of items such as hot sauce, etc. Mr. James stated that the number of meals are up substantially where we are serving between 70 and 04 -14 -2015 Minutes Page - 4 - 75 per day. Mr. James stated that some days the food is well received and then there may be those days that it is not. Generally the meals and the participation numbers have gone up. Mr. James stated that we have issued the RFP. When we put out the RFP our expectation was that the person that was going to operate the Center had to provide the funding for the meal program. If you run the numbers for the meal program, at five meals per week generally, the cost is fairly substantial, about 50% of the cost would be just on the meal program. Now that we have the provider that receives the funding they can continue that program and supplement the meal program where the City does not have to pay someone else to provide the meals. As you can sec by the way the numbers have increased, you can see that this is a need in our community. Mr. James stated that we have issued the RFP and the time for this has closed and staff is beginning the process for selection. The RFP will thd"come to'ouncil for approval. He reminded Council that one of the things we knew 'we had to do going into this was the cost to operate the center to the City is going to`be much more "when the Comal Foundation was operating it. There was $35,000 to $45,000 a year as post to the city we anticipate the cost now going to be somewhere around $125,000 to $150,(100 per year to do the program justice. Mr. James stated again the idea is to transition to someone that knows how to operate Senior Centers, take over and really grow that facility. Mr. James pointed out the Mr. VanZandt, Sandy Bryant and Sher Davis when she was there have done a tremendous job as they have pulled double duty serving at Senior Center knowing that this was not what they were trained to do or have expertise in. Lastly Mr. James stated the problem we want to have is serving too many seniors and not a big enough facility. Mr. James opened it up ` fbr questions 'from Council and recognized Councilmember Thompson who 'asked Mr. James what the expected timeline for bringing this back to Council was. Mr. James indicated he is hopeful in 2 to 3 months bringing a contract back to Council for consideration.' He did indurated there would be an overlap in transition to get this to go Mr. James recognized Counciltne nber Fowler who asked if there was a possibility of increasing the size ofthe kitchen. Mr. James indicated that that is not in the scope of worklanned for the, existing facility that the cost to upgrade it is fairly substantial but the City'can consider this should we need a larger facility. We also we do not want to get into preparing the meals in the kitchen; it is more cost effective to have someone bring the meals in. ,Again, he is hopeful that this facility will be outgrown as the use becomes more evident. Councilmember Fowler continued questions regarding meals, which were answered by Mr. James. Mr. James recognized Councilmember Azzoz who asked what the capacity was for the current facility, Mr. James recognized Sandy Bryant who stated the capacity was around 200, but we can get about 125 to 135 comfortably. Councilmember Azzoz also mentioned that before when Comal County was running the program Ms. Donna Thompson was managing the facility. Mr. James indicated that Ms. Thompson was managing the facility for a period of time. Councilmember Azzoz asked who was 04 -14 -2015 Minutes Page - 5 - running the facility today. Mr. James answered Chuck VanZandt and Sandy Bryant from our Parks staff is running the facility. Again, our employees are doing double duty. Councilmember Azzoz asked how the facility worked when Ms. Thompson ran the facility before. Mr. James indicated that he believed it worked well; she was very well liked by the seniors and certainly cared about the center. Councilmember Azzoz stated that he is not clear as to what happened with Ms. Thompson, but if the City took it over, then why did we not get someone as capable as Ms. Thompson or why did we not reinstate her. Mr. James answered to be clear Ms. Thompson was not running the center at the end. She ran the center until the Comal County Senior Center Foundation came in and took over and hired someone. Mr. James covered information that some partnerships are very good but the draw back can be particularly In,that the City did not have knowledge or involvement of running the facility and that is, when the seniors came to management asking for assistance, this is why the City took ovof. ` We went in to actually see and get a better understanding of what it took16 operate that fa ility. Councilmember Azzoz then recollected that the seniors were unhappy' with Comal County and came to the Council. He also remembers that they were angry at Comal County,f6r releasing Ms. Thompson and wanted her back to run the facility. Councilmember Azzoz stated that he was under the impression that when we parted'ways with Comal County he thought that Ms. Thompson was reinstated or was back running the facility. He was not aware until just now that it was being managed by our parks department. Mr. James stated that before we reinstated Ms. Thompson" the City felt like we' , needed to get in there to see what it took to run the facility. Councilmember Azzoz asked did we ever approach Ms. Thompson; is this something that is doable? Mr. Janes indicated, no not at this time, ,and stated again we had two issues that we felt needed to happen one of which is the Senior Center Operations has changed quite a bit from" the earlien years when it was a volunteer run effort when we said we would provide the building and the space. The program has grown and the expectations of the seniors has also txhanged and certainly heard from them what they like and didn't like, just, like we do today? One of the things we felt like we needed to do is to have City staff be in there t<i"say this'i what the operation is like, this is what is involved in it, and here are the needs.'We did not want to necessarily hire someone for a position if we then sails look, we do not have the resources and the support at the city to do this, we really need -W find someone in that business that knows what they are doing to come and operate the facility and then they have to tell an employee that they brought them on for 6 to 9 months, sorry we don't have a place for you today because we really need to have that support and contract out for the operations of the facility. Not saying this is right or wrong but certainly he knows a lot of the seniors would have loved to have Ms. Thompson back but that was the logic of it. Even when we have someone to come in and operated the facility, one of the keys we are going to have to make sure to do is make sure that the City still keeps a foot in the door so that we have a greater awareness of the issues and the things that are going on so that we can help provide some input. The City will maintain that level of awareness with the center and that is the way we can help the facility to grow and avoid some of the issues in the future. 04 -14 -2015 Minutes Page - 6 - Councilmember Azzoz indicated that he would like for him to look into the option and bring this back up so that we can discuss someone like Ms. Thompson or even the possibility of hiring her. We need to do what the seniors want and this is doable. Mr. James stated that if Council directs staff to come up with an item to say we want to go a different direction and revisit the past decision, staff is certainly happy to do so and defer to you what direction Council wants to do with it. Councilmember Azzoz agreed. Mayor Carpenter stated that at the end of the agenda there is an item for the future agenda bring this up and he will make sure we get it on. Mayor Carpenter recognized Councilmember Fowler, who stated so the intent at the present time is to continue to have the Parks staff rut the facility: Mr. James stated that the last direction from Council and how we have been proceeding'�is that we issue a RFQ and come back to Council with a recommendation for another entity ether than our City to operate it. If Council says put this back crithe agenda to specifically revisit that issue, and again I assume your direction is to maintain it in house and hire, a particular individual is what you are asking for Councilmember Azzoz, he indicated yes, then Mr. James stated then Council can certainly put that 6 an agenda and staff can prepare a presentation back to you on this. Mr. James recognized Mayor Pro -Tem Edwards who stated, so before we start adding employees, maybe we need to Look at what the actual fiscal and financial impact would be to the city to add a full staff to run a Senior Center. Mr. James stated that certainly we would have to add a full staff but one of the challenges for City staff at times is going out and solicit additional funding for Senior Centers. There are certainly grants out there that can be solicited and also funding opportunities available, but what a lot of what the Foundation did and others did, is the ability to go out and solicit donations that are more problematic for the City to go out and do. Mayor Pro -Tem Edwards stated there are grant opportunities but we would have to always go out and reapply and search and seek other grants, Mr. James indicated yes, and that's the case, if again Council wants us to come 04 -14 -2015 Minutes Page - 7 - back and discuss the direction we want to go and have a fiscal analysis to pull together then certainly we can do that. Mayor Pro -Tem Edwards stated that with that being said we have had grants given to departments for various entities, if we were looking why not prepare a budget for next year to perhaps have a grant writer on staff that that would be their only job, or is that feasible? Mr. James deferred to Mr. Kessel. Mr. Kessel stated that he really feels like it would serve the City well to have us stay the RFP course. We are very close in having that. Let's look and see what that shows us. It certainly will inform us as we go into the budget process. There is certainly a lot of information that we can gleam from that and certainly any 'individuals are able to put together their own package if they want to participate 4t that level. He would also encourage Council to steer away from having Council hire individuals from the dais or make recommendations that are not through a normal, resume process through our HR Department. It can be problematic and a bad practice for us to li�in. We have a good professional way we can go. We have a good game plan and it certainly does not defeat the ideas that are discussed tonight because: we are going into the budet process and those decisions can be made in a timely manner., We can go this direction; we can go that direction but we will have better information arid, be amore professional manner in which we will do that, if we just stay the course. Councilmember Azzoz stated that'hb is,,glad that the Council has Mr. Kessel up here and thanked Mr. Kessel for explaining the 'proicess. Discussion regarding the adoption of the 2012= International Building Code and Amendments. (M. SanhzlG. Durant) Mayor Carpenter "recognize l Development Services Director Michelle Sanchez and Chief Inspector Gil Dtnrt, who, provided a briefing regarding the adoption of the 2012 International Building Coale and Amendments. The following were the highlights: Adoption of the 2012 ICC Codes is necessary because we are currently working under a code that is nine years out of date and new industry standards have been developed to ensure public health and life safety. • IS6,(,hisurance Service Office Inc.) visited the City in March, 2014 to conduct a Building :Cade Effectiveness Grading Schedule where they learned that the Building Inspections Division was operating under the 2006 ICC Codes which falls below their minimum standards of operating within five years of a current nationally recognized published code. • Adopt amendments to the codes based on compatibility goals associated with JBSA — Joint Base San Antonio (Randolph AFB) such as Sound Attenuation standards • Formally adopt State mandated codes, 2014 National Electrical Code and the 2009 International Energy Conservation Code. 04 -14 -2015 Minutes Page - 8 - Schertz Current Codes • International Building Code (IBC) 2006 • International Gas Code (IGC) 2006 • International Mechanical Code (IMC) 2006 • International Plumbing Code (IPC) 2006 • International Property Maintenance Code (IPMC) 2006 • International Existing Buildings Code (IEBC) 2006 • International Fire Code (IFC) 2006 • National Electrical Code (2014) — *State Mandated (9= • International Energy Conservation Code (2009) — *$tat • Current amendments that create the most critit?ti Foundation Requirements adopted in April 201 engineer is required to be on -site for the foundai • Design Professional on all Singh Family Resid( of size adopted in November 2000 Code Comparison Benchmark Cities and S Mandated (1 -2014) Z is with regard to where the design regardless • 2011 NEC 'Odes; 2014 NEC 2014 NEC International, Building Code (IBC) 2012 • nternational Gas Code (IGC) 2012 • "International Mechanical Code (IMC) 2012 • International Plumbing Code (IPC) 2012 • International Property Maintenance Code (IPMC) 2012 • International Existing Buildings Code (IEBC) 2012 • Public Swimming Pool and Spa Code 2012 • National Electrical Code (2014) *State Mandated • International Energy Conservation Code (2009) *State Mandated • International Fire Code (IFC) 2012 . will be adopted by separate ordinance Summary of Amendments 04 -14 -2015 Minutes Page - 9 - • IBC Permit Exemptions — no permit for replacement fences, siding or residential accessory structures less than 120 square feet • IBC - restriction on portable generators for permanent residential use • IBC Sound Transmission — interior construction standards to mitigate air traffic (RAFB) • IRC Design Professional — exempts requirement for residential additions and remodels excluding foundations which will continue to require an engineered design. • NEC 2014 - add kitchen branch circuit requirements; and require an exterior service disconnect for fire safety • IPC - require port -o -lets every 500 feet at construction sites • IPC - prohibit cellular core pipe below grade • IPMC - add definition to identify non-compliatice of acc6sory structures that are out of vertical alignment • Backflow and Cross - Connection — establish a location for residential and commercial irrigation devices it and went over the Council that he move to the Hearing of who provided a briefing on the Ms. Titterington also spoke on the upcoming SCMAC - Yourself into Shape event which is a military, veteran, spouse workshop and hiring event scheduled for May 20. 2015, and the `Shop Local' event for April 16, 2015 . with a cash prize of $500. Mayor Carpenter recognized Mr. Daniel Scott, 3941 Brook Hollow who spoke on those in the past that provided great service and would call him back. He indicating that we 04 -14 -2015 Minutes Page - 10 - have been lax in this type of service and asked that if he makes a phone call to please call him back. Mr. Scott addressed the Council stating he called the non - emergency number and nothing happened, he indicated that the Marshall's Department came out when he believed this should have been handled by the Police department. Why he stated was because we do not have enough money for the Police Department, we need to support the Police Department. Mr. Scott addressed the Council regarding not being about to call the non - emergency number when an individual is playing loud music in his neighborhood, he indicated that after he had called the police did arrive within 35 minutes as they are busy. He indicated that the City Ordinances need to be enforced and follow thelaws we have in place. He spoke regarding GVEC not having any rebates "tir citizens;,, he stated that all the rebates are provided by CPS Energy. Mr. Scoff ,requested Co ncil speak to GVEC regarding this. Mr. Scott thanked Lt. John Carey and the police Department for handing the situation at the school and the turning lane issue. Finally Mr:'Scott stated that we need money in the City, we need by receiving taxes. He again stated he, called the non - emergency number regarding peddlers; we should not be allowing peddler in the City. These individuals need to be applying for a permit and these individuals need to be paying taxes. Mayor Carpenter moved back to the W • Discussion Azzoz) (J. J N of the pixel project.:(Item requested by Councilmember ognized Councilmember Azzoz who stated he had a great visit last ember Fowlear, and we spent quite a bit of time discussing the pool. at ina call to Mr. Kessel, knowing that we have this bond issue he did share this with Mr. Kessel, if we do not move forward now going tQ have a lot obstacles moving forward with individuals ;ding to ask Mr. Kessel to comment on this because we are already ir,g fallen behind, and we cannot change anything. He really wants qIr. Gaudreau to provide an update where we are. Number one when ,et so that we can look at and approve. Mr. Kessel stated that we are do this and certainly as soon as we have a contract that meets the that forward to Council. Councilmember Azzoz asked if there was a time frame. Mr. Kessel stated that half of that equation is in our control and the other half is in the control of the individuals we are negotiating with. Councilmember Azzoz asked if we had completed the design. Mr. Kessel stated that we have a schematic design which is completed and we are working to bring on a Construction Manager at Risk (CMR) for review of the detailed design. The detailed design will be obviously just that and then that same CMR would be the Construction Manager at Risk for the construction phase of the project. The reason that 04 -14 -2015 Minutes Page - 11 - we want to go that route is primarily two things, 1, it lets us value engineer with the actual contractor while we are doing design which is the least expensive way to design and engineer a building and it also has a guaranteed maximum price at the end of that design process where the City Council knows exactly what the project will cost and any overage is the responsibility of that contractor, thus the name CMR. They are at risk not the City on the maximum price. Councilmember Azzoz asked is the YMCA going to be involved in the project, running the facility and what will they be taking in and what will be the expenses. Mr. Kessel deferred to Mr. James. Mr. James stated that when we sat dawn With the YMCA and as you currently know they have the contract to operate 'our outdoor pools and the Recreation Center. The location of the pool that was selected was next to the recreation center, so we began those discussions. Part of what vl ,talked'ah6ut is what would be the cost to operate the facility and mentioned that this will, drive new' members and asked how you would structure this. They indicated it is a one membership Ito the facility. For those who have a membership now, that ar members to the recreation enter, when the pool comes on line, they now have the ability to also use the pool facility: 'From their perspective you would not have to purchase anot er membership, you get the additional benefit of the recreation center and the pool. Discussions also centered on membership for those that just want to use the pool facility. We'didn't want to have to tack on more money if you already had a membership to the Recreation Center to use the pool. We didn't look at the pool alone because, the membership come with the Recreation Center. Mayor Carpenter recognized Councilmember Fowler who stated that he knows that we are in negotiations anti you are limited at what you can say, but as a process can you give us the highlights of the things you have looked at and where we are at. Mr. Gaudreau "stated there are two parts to that process one is design and one is the agreement or contracts. He is very limited in what he can discuss on the negotiations. Mayor Carpenter recognized City Attorney Charles Zech who stated that he hates to be the spoiler of the party, but the discussion items says "a discussion regarding the merits of the pool project and we are starting to get into processes and procedures. If that is what was needed to discuss it should have been posted that way. You may continue to 04 -14 -2015 Minutes Page - 12 - discuss the merits of the pool but this discussion about the process is not what is posted on the agenda. Mayor Carpenter stated so following that how he asked is there any chance we could have a contract at the next meeting. Mr. Kessel stated that if we are very near the completion of the negotiation he would not recommend that we post something for detailed discussion with the expectation of Council and Citizens that we would reveal items in that open discussion before they are finalized. This puts us in a poor position. What he might recommend is if we say by a date certain ,and we haven't reached negotiations then staff would come and provide an update at that point, because we are that close to perhaps being in that position. A couple of weeks may be advantageous to all the different parties. Mayor Carpenter recognized Mayor Pro -Tem Edwards who stud that Mr. Zech is correct and right on target, we should not be discussing or be placing items on the agenda until we get to that part of the agenda. This'item was for discussion regarding the merits of the pool process going forward. We need :continuewith what we are doing, and by point of order we need to listen to our attorney. Mayor Carpenter stated that having spent =years now working on this, the discussion around and including`the' SehoQ District as a potential partner occurred before the elections 20,10 with this, particular bond. As a matter of fact Councilmember Scagliola was quoted in the newspaper ,talking about how we should be looking at the ISD as a iartner and this was also S' 6 eth ng that staff looked into, and that Mayor Baldwin looked into. We did not know if this was going to happen because we have never entered into such an agreement for shared facility. But this is something that we looked at, at the very beginning. What we discovered afterward was that the bond language and we had a lot of discussion regarding this, we used both words "community" and "competition quality" and those can be defined in many ways if we decide we want to do that. We found over the last few years that we had a number of stake holders that we may or may not have anticipated when the bond was first passed. Amongst those stake holders being the seniors, younger children, and families who as we had more conversation with competition stake holders found that a true competition body of water may or may not serve a wide enough group of the stake holders. So we began to have the conversation then, not just with the School District, but then with the YMCA an even further expanded partnership realizing that some of the constituents or stake holders that we might be serving needed a warmer body of water and a shallower body of water than the stake holder that were more focused on the competition and that is why we began to put 04 -14 -2015 Minutes Page -13 - together a coalition amongst the City, the YMCA and the School District to potentially build two bodies of water to reach the widest possible group of interested parties. We knew we couldn't build the perfect facility for even the combined monies. But we knew we could get as close as possible with the partnerships. The precedence for this is not something new. We have worked with BVYA for decades in a partnership, a public private partnership. We have worked with the soccer folks to manage the fields, this was always our intent to get the most possible for the largest range of stake holders in the City that we could. Over time we have had people coming to us asking why this is taking so long. What have you been doing. Every time we learn something new we found there was something that we did not know. This is the single largest individual bond project that we have taken on in this City for a long time. We are talking about spending your money and my money, our money and we have to get it right the first time. The reason that we have come to the place that we are now is diligent over time, to make sure we got it right, that we did not waste taxpayer money frorn,dollar one. e,'haven't been perfect because we don't have unlimited funds but what I think we have come, 11 up with in the end to Mr. Azzoz point, is the best that we are going to get to, it's not going "to get any less expensive and we have to press forward "With','' Some speed at this point. The hard work has been done. We the City Council made slime" -decisions several years back to build some of our own buildings and this didn't work out as well as we had hope that it would. So now moving to the Constriction Manager At -disk, where we have absolute contractual top dollar point that will not be exceeded, and we know what our spend is going to be and we are going to be able 6,hold someone else accountable for delivering our spend of our money. His point is this, it's been an arduous process and as he looks back over the last several years, as mulch as he wishes we had this project completed, he would not do a thing differently. We have come tothe best possible solution with the monies at hand with the, partners available to us and we will build an exceptional project and product, fie hates to say, it may be a few more weeks to get this contract finalized but we have done the -work up, front to make Sure we do it right. The history he thinks is reflective and demonstrative of the merits and we have gotten to the right place. He statedAat his phone number is published and if there is any one here or any one gets the DVD that want to alk to hip to please contact him. He would be happy to visit with any one, one on one or in, a group of what we have done, and defend and apologize for the delays and all those things that eo with it. Mayor Cpenter recognized Councilmember Azzoz who stated that there is one question that he did not ask. Lid we not already have a competed contact with the School District and the YMCA`? � ,Mr. James came forward stating what we have is an Interlocal Agreement passed with the School District. We also had Council approve the draft agreement with the YMCA. We have held off coming back with the second and final agreement with the School District and actually executing the agreement with the YMCA as we have gone through the CM @R Risk process and design process to deal with any changes that may arise. Our hope is to get that CM @R Risk Manager on board look at where we are in regards to the plans and then execute and sign the agreement with the YMCA and then have approvals of the final agreement with the School District. 04 -14 -2015 Minutes Page - 14 - Councilmember Fowler stated that by his observation when we did the bond in 2010, we had other things like the soccer fields, ball fields, the animal shelter facility, the dog park and others on the bond propositions that we have completed. In honesty our planning department's wagon was loaded with these projects as well as the Amazon.com, GE, Caterpillar and other large projects that came up during that time. He believes the decision by default and he is glad that we did this, we took what we could handle and got those completed and on the ground. He stated that as we have gone through this process we have learned more about doing business as well as learn things that we did not want to do. We are very sensitive with this project so not to take it over budget. Because of the ability is to learn from all the other projects have helped us in I learning how to do a smart thing and a safe thing. Mayor Carpenter stated that when e were discussing the bonds we discussed that they would be done in a phased approach as to not try to drive the tax rate up at any given time more than .5 cents. As a natter of history we maintained that position and actually only went up .4 cents at the "maximum position had we done the projects all at once including the pool we would not have been able 6-1,i aintain that. Mayor Carpenter in summary stated it ,.is approved, and we've done our due diligence. facility. Consent Agenda Items The Consent Agenda is considered self -ex motion. There will be no separate discus Consent Agenda upon the request of the M 1, Minutes - Consideration ad/or action Meeting of March 1, 2015, :: :and the in itis project, it is one that the voters ff please continue and build us a good be enacted by the Council with one unless they are removed from the ember. the approval of the minutes of the Joint the Regular Meeting of April 7, 2015. (J. 2, 0kdinance No,. ,I$- 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 a's specified; establishing Legislative findings in support thereof ;, establishing stop intersection locations and setting a maximum speed limit for said strcels. Final Real ing (B. James /K. Woodlee) The following was fead 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 -14 -2015 Minutes Page -15 - Mayor Carpenter recognized Councilmember Azzoz who moved, seconded by Councilmember Fowler to approve the consent agenda items 1 and 2. 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 3. Resolution No. 15 -R -30 — Consideration and/or action approving a Resolution Authorizing the Lease Purchase of Patient Care Monitors and Defibrillators. (J. Kessel /D. Wait) The following was read into record: RESOLUTION NO. ,15 -R A RESOLUTION BY THE CITY COUNCIL OF THE CITY OFSCHERTZ, TEXAS AUTHORIZING A CRIME VICTIMS " " LIAISON INTERLOCAL AGREEMENT WITH THE CITY OF CIBOLI AND THE CITY OF LIVE OAK AND OTHER MATTERS IN CONNECTION THEREWITH ve Director" 'Dudley Wait who introduced ,ponds along with EMS to critical life ind eery one of these responses, the piece we made contact with the patient until that tor/Defibrillator. This device, the Physio A pressure, pulse, respiratory rate, oxygen Tent's EKG rhythm, the 12 -lead EKG and, is electricity to the patient to correct life Our current devices, the LifeP4 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 new 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 04 -14 -2015 Minutes Page - 16 - 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 ar test each device and replacement batteries as needed plan at the time of service, we get the annual i spe where each device is covered by warranty and then warranty expires. By purchasing the entire plan up device and are insulated from any price irtereass in s, years of the monitor's life. Staff recommends a prpyv Mayor Carpenter recognized ` Councilmember John to approve with Mayor Pro -Tem Edwar Thompson voting for and no one Roll Call Vote Mayor Carpenter items 1 through 3. Executive Xennis who recapped the votes for agenda Mayor Carpenter recessed the regular, meeting at 8:04 p.m. into Executive Session. 4. The', City Council will meet in closed session under Section 551.072 of the Texas Government Code, Deliberation Regarding Real Property. + 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 Mayor Carpenter reconvened into Regular session at 8:25 p.m. 04 -14 -2015 Minutes Page - 17 - 4a. 5a. Take any action based on discussions held in closed session under Agenda Item 4. No Action was taken. Take any action based on discussions held in closed session under Agenda Item 5. No Action was taken. Requests and Announcements no a Announcements by City Manager Citizen Kudos Recognition of City employee actions New Departmental initiatives No further announcements were Requests by Mayor and Councilmembers Council agenda. Mayor Carpenter recognized Mai regarding the Skate Park Phase II James stated that this item is being b be placed on a future City asked for an update of Development Brian Azzoz asked that we place an item on a s the Senior Center. he, City Manager's Office and City Secretary's Office to Senior Center sometime in the next quarter and well as a orth Cliff facility also sometime in the next quarter, lone the Council on the road. to City Manager and Staff for information. 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 04 -14 -2015 Minutes Page - 18 - Mayor Carpenter recognized Mayor Pro -Tem Edwards who read the following letter he received From Samuel Clemens: Dear Senior Parents: Inspired by NCAA`s National Signing Day, SCUC and Clemens High School is promoting a Texas Decision Day Pep Rally. The goal is to recognize high school seniors for their postsecondary plans and encourage younger students to prepare early for college. Friday, May 1 st is the date selected, as most universities require students to make a decision about their enrollment on or before then. We will recognize seniors who have been accepted to Technical Schools, Junior Colleges, 'Universities, and Military Academies. The pep rally will be held at the stadium the morning of May I st at 8:50 a.m. The entire school will attend the pep rally and We encourage parents to attend. The local press will be in attendance and each seniog will announce =their name and where they will be attending. All students are encouraged to wear college attire. Mayor Carpenter recognized Councilmei b r Azzo , , who stated he, wanted to compliment the Police Department. He provided, a brief story he was told by a resident regarding the professional conduct of an officer that .had stopped him. Councilmember Azzoz praised the Police Department and their officers,. er. Thompson who stated that late last week he gad can the frontage road of IH 35 and HEB stated teat he made a call to Ms. Sanchez to on the wary back from his appointment the iompson stated that he also received a follow - city,had received other calls from citizens and .ouncilmember Thompson stated it is nice to eking place and our police are responsive. Carpenter stated that we have a grand opening of HEB on Friday at 9:30 a.m. d by a grand, ;opening of Amazon.com at 10:30 a.m., both of these events are to the publie:iid this Will be an amazing event as we will have individuals down istin to join us:. Mayor Carpenter also stated that this next month, in May, will mark the end of the 10th year that he ha,been serving on this Council. Mayor Carpenter stated that we have been very blessed in', City to have had Councilmembers that dedicate themselves to the work of this City, staff that does the same, and volunteers that do this as well. He wanted to say for the record thank God for all the residents in this City, the Staff and the Council's that are serving and have served, we live in a hell of a place. Adiournment As there was no further business the meeting was adjourned at 8:30 p.m. 04 -14 -2015 Minutes Page -19 - Michael R. Carpenter, Mayor ATTEST: Brenda Dennis, City Secretary 04 -14 -2015 Minutes Page - 20 - Agenda No. 2 CITY COUNCIL MEMORANDUM City Council Meeting: April 21, 2015 Department: Fire Department Subject: Resolution No. 15 -R -29 - Alamo Area Fire Chiefs Association Emergency Services .Mutual Aid Agreement BACKGROUND Goal To provide adequate emergency services protection when our resources are not enough to cover the emergency. Community Benefit Mutual aid agreements are an effective form of service where communities assist each other in times of need. No community can afford to maintain enough responders to cover every conceivable emergency situation. By using mutual aid agreements, communities share resources to accomplish the mission of their emergency services. Summary of Recommended Action By signing this agreement, the City enters into an agreement to respond to other cities and allows other cities to respond to us. Language in the agreement creates a systematic means by which emergency services share resources. This is an updated version of an agreement to which the City is already a signatory. It brings the language into alignment with State mutual aid law. FISCAL IMPACT There is no fiscal impact foreseen with this agreement. RECOMMENDATION It is recommended that City Council authorize the City Manager to sign the agreement. ATTACHMENT(S) Alamo Area Emergency Services Mutual Aid Agreement Resolution No. 15-R-29 RESOLUTION NO. 15 -R -29 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING AN EMERGENCY SERVICES MUTUAL AID AGREEMENT WITH ALAMO AREA FIRE CHIEFS ASSOCIATION, 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 mutual aid agreement with Alamo Area Fire Chiefs Association relating to emergency services; and WHEREAS, the City Council has determined that it is in the best interest of the City to contract with Alamo Area Fire Chiefs Association pursuant to the Alamo Area Emergency Services Mutual Aid Agreement attached hereto as Exhibit A (the "Agreement "). BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS THAT: Section 1. The City Council hereby authorizes the City Manager to execute and deliver the Agreement with Alamo Area Fire Chiefs Association in substantially the form set forth on Exhibit A. Section 2. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Resolution for all purposes and are adopted as a part of the judgment and findings of the City Council. Section 3. All resolutions, or parts thereof, which are in conflict or inconsistent with any provision of this Resolution are hereby repealed to the extent of such conflict, and the provisions of this Resolution shall be and remain controlling as to the matters resolved herein. Section 4. This Resolution shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 5. If any provision of this Resolution or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Resolution and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City Council hereby declares that this Resolution would have been enacted without such invalid provision. Section 6. It is officially found, determined, and declared that the meeting at which this Resolution is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Resolution, was given, all as required by Chapter 551, Texas Government Code, as amended. Section 7. This Resolution shall be in force and effect from and after its final passage, and it is so resolved. PASSED AND ADOPTED, this 21st day of April, 2015. CITY OF SCHERTZ, TEXAS Michael R. Carpenter, Mayor Brenda Dennis, City Secretary (CITY SEAL) EXHIBIT A 1 . ��. (Attached as Exhibit A) 50234811.1 A -1 ALAMO AREA EMERGENCY SERVICES MUTUAL AID AGREEMENT This agreement is intended to provide assistance to jurisdictions that need emergency aid in order to reduce property damage, suffering, injury or loss of life of the inhabitants of the jurisdictions due to occasional shortages of emergency services equipment, personnel or need for specialized equipment or resources. At any time, any jurisdiction may experience multiple simultaneous emergency responses, large or complex events that overwhelm existing resources, potential events that if they occur will overwhelm existing resources, equipment loss or malfunctions, a need for specialized equipment or personnel, or other causes that do not reach thresholds that trigger existing disaster mutual aid agreements. When these events occur, neighboring agencies must work cooperatively to ensure that appropriate emergency mutual aid resources are mobilized in a timely manner to protect life and property. When a jurisdiction is overwhelmed, the closest appropriate and available resource should be sent from a neighboring agency in order to address the emergency. AGREEMENT This Agreement is made by and between the municipalities, emergency services districts, Emergency Medical Service (EMS) agencies, military installations, and volunteer fire departments listed below, all situated within the AACOG region of Texas, through their duly authorized Mayor, City Council, City Manager, President, Boards of Directors or other lawfully designated representatives, to provide for mutual aid assistance authorized under V.T.C.A. Government Code Section 418.109, 42USC1856a, or other applicable law for emergencies as described under the terms of this agreement for the participating parties; WITNESSETH: WHEREAS, it is the desire of the municipalities, emergency services districts, Emergency Medical Service agencies, military installations, and volunteer fire departments joining in the Agreement to coordinate and provide for emergency assistance to each other when emergencies arise within their respective jurisdictions that require additional equipment and additional firefighting, rescue, hazardous materials, and /or emergency medical personnel are needed on an emergency basis to protect the health, life and property of the inhabitants of the respective jurisdictions; and ALAMO AREA EMERGENCY SERVICES MUTUAL AID AGREEMENT Page 1 of 9 WHEREAS, it is further the determination of each party that the decision to enter in this Emergency Services Mutual Aid Agreement can be terminated at any time as provided in this agreement; and WHEREAS, it is further recognized by the parties that their primary responsibility will remain the provision of fire and EMS protection to the persons and property within their respective jurisdiction and any assistance provided under this agreement will not be obligatory in any manner; and WHEREAS, it is the desire of the parties hereto to institute a mutual aid agreement for fire protection, rescue, hazardous materials and EMS services under emergency circumstances; NOW, THEREFORE, IN CONSIDERATION of the mutual covenants and agreements stated herein, the parties agree as follows: SECTION 1. The municipalities, emergency services districts, Emergency Medical Service agencies, military installations, and volunteer fire departments joining in this agreement agree that certain formal operating procedures shall be followed for requesting, dispatching, deploying and operating emergency resources at the scene of emergencies. SECTION 2. It is understood and agreed that the Fire Chief or Chief Executive Officer (CEO) of a party requesting assistance (or his /her designee) (the "Requesting Party ") shall be the sole judge of how much assistance is needed, and the Fire Chief or CEO of the party receiving the request for assistance (or his /her designee) (the "Responding Party ") shall be the sole judge of determining, pursuant to the policy of his /her jurisdiction, the level and amount and duration of deployment of the resources, including equipment and personnel to be devoted in response to the requested assistance furnished to any given incident; and that neither party is in any manner liable to the other or to any other person, firm, corporation, or entity for the determination to supply, or not to supply, or to limit or terminate the amount of assistance supplied upon such request following such determination. No party to this agreement accepts any liability to any third party, and by entering into this Agreement, no party hereto waives, nor shall be deemed to waive, any rights, defenses, or immunities that such party may have under applicable law. SECTION 3. It is further agreed that the scope of the agreement is for the provision of firefighting assistance, emergency medical assistance, rescue assistance, hazardous materials assistance or other emergency assistance as needed to protect the health, life and property of the inhabitants of the respective jurisdictions. ALAMO AREA EMERGENCY SERVICES MUTUAL AID AGREEMENT Page 2 of 9 It is further understood that these emergency events may be potential events, and that the emergency events do not have to be catastrophic or disaster scale events. SECTION 4. Any dispatch of personnel and equipment pursuant to this agreement is subject to the following conditions: (a) Any request for mutual aid hereunder may be submitted verbally or in writing and shall include the following: i. a statement of the number of personnel; ii. the amount and type of equipment requested; and iii. the location to which i. and ii. are to be dispatched. If the request is submitted verbally, it must be confirmed in writing as soon as practicable. See Attachment 1. (b) The Responding Party shall report to the Staging Officer or Incident Commander (or his /her designee) of the Requesting Party and shall coordinate from the time of arrival to the time of departure, at the emergency scene until the termination of participation. It is agreed that the National Incident Management Systems (NIMS) shall be used as the command framework for the coordination of the incidents. When proceeding to and from the emergency scene, the Responding Party may be considered to be an independent contractor for all purposes, and not under the direction and control of the Requesting Party. (c) Unless participation is previously terminated by the Responding Party, the Responding Party shall be released by the Requesting Party when the services of the providing department are no longer required or when the officer in charge of the Responding Party determines, in his /her sole discretion, that further assistance should not be provided. (d) The parties agree that the act of any person or persons while fighting fires, providing rescue services, providing first response EMS services, traveling to or from any type of emergency call or emergency scene, or in any manner furnishing services in accordance with this Agreement, or any supplement thereto, shall be the act of the party performing such acts. An employee or volunteer shall be deemed to be performing services when en route to, en route from or at the scene of a call or emergency. Specifically citing Texas Government Code Section 791.006 (a -1), the parties agree that, for purposes of determining civil liability for non -party claims, the act of any person or persons while fighting fires, providing rescue services, providing first response EMS services, traveling to or from any type of emergency call or emergency scene, or in any manner furnishing services in accordance with this Agreement, shall be the act of the party performing such act. The payment of any and all civil or other liability, including negligence, resulting from the furnishing of services under this Agreement is the responsibility of the individual party performing such acts. This shall specifically include, but not be limited to, the payment of court costs, expenses, and attorneys' fees resulting from any such claim or lawsuit. The parties agree that the assignment of liability described in this Section 9 is ALAMO AREA EMERGENCY SERVICES MUTUAL AID AGREEMENT Page 3 of 9 intended to be different than liability otherwise assigned under Section 791.006 (a) of the Texas Government Code. SECTION 5. In areas where common jurisdictional boundaries exist, it is understood that accurate determination of jurisdiction boundaries may not be possible upon receipt of alarm. In such cases, it is deemed appropriate and in the best interest of the public for the entity receiving the alarm to dispatch its forces and to render aid at the scene of the emergency until jurisdictional responsibility can be determined, and thereby be relieved by the department or agency having jurisdiction. Under the conditions described in this section, should a party respond outside its jurisdiction, the terms and conditions of this Agreement shall be in effect just as though a request for mutual aid had been initiated. SECTION 6. The personnel of each party shall continue to be officials, volunteers, or employees of their own respective departments and shall be entitled to the same wages and benefits from their own respective employer as if responding within their own jurisdiction. Each party shall only be responsible for damages, injuries, or death to its employees and volunteers while performing services under this Agreement, except for those caused in whole or in part by the gross negligence of an officer or employee of another party. A party shall not be liable for benefits or any other compensation for injuries or death of the other party's employees or volunteers while performing services under this Agreement, except for those caused in whole or in part by the gross negligence of an officer or employee of another party. An employee or volunteer shall be deemed to be performing services when en route to, en route from or at the scene of a call or emergency. SECTION 7. The expenses of repairing or replacing equipment or vehicles which may be damaged or destroyed while responding to, operating at, or returning from an emergency in a requesting party's jurisdiction shall be at the expense of the providing department, except for those caused in whole or in part by the gross negligence of an officer or employee of another party. SECTION 8. When the Requesting Party requests mutual aid assistance from another entity /agency under this Agreement, and such assistance requires a response exceeding 12 consecutive hours ( "First Operational Period "), all costs shall be paid by the Responding Party and reimbursed by the Requesting Party, such costs shall include, but are not limited to: i. compensation to personnel, ii. operation and maintenance of equipment, iii.damage to equipment, and iv. food, lodging, and transportation. After the First Operational Period, the Requesting Party shall be responsible for the costs set forth above, and no party waives, nor shall be deemed to waive, its rights of reimbursement for services provided or received after the First Operational Period. a. Requests for reimbursement must be submitted as soon as practicable but no later than sixty (60) days after the return of all personnel ALAMO AREA EMERGENCY SERVICES MUTUAL AID AGREEMENT Page 4 of 9 deployed under this Agreement. Such requests shall specifically identify: i. all personnel, equipment, and resources provided; ii. Dates of issuance or duration of deployment; and iii. The unit and total costs associated with each. b. Reimbursements shall be made by the Requesting Party to the Responding Party no later than: i. One hundred and eighty (180) days after receipt of the request for reimbursement; or ii. ninety (90) days after the Requesting Party receives reimbursement from the federal or state government, whichever is sooner. c. The provision of mutual aid will be considered non - reimbursable if the request for reimbursement is not made by the Responding Party within the specified time frame. SECTION 9. A Responding Party that provides an ambulance and emergency medical personnel shall bill the patient(s) treated or transported during the emergency for the cost of supplies, equipment, and for transport services if provided. The costs and fees for services shall be the rates normally charged for services in the Responding party's jurisdiction. SECTION 10. A Responding Party that bills for emergency services or uses a billing agency to bill for services shall be allowed to bill the responsible party for services rendered during the emergency and for the cost of supplies used. The costs and fees for services shall be the rates normally charged for services in the Responding Party's jurisdiction. The Requesting Party shall not be responsible for the cost of any unpaid balance due after all usual means of collection of the debt have been exhausted by the Responding Party. The bill from the Responding Party may be routed through the Requesting Party for coordination and accounting purposes. The Requesting Party shall then send the bill to the responsible party. SECTION 11. No term or provision of this agreement is intended to, or shall, prevent any party to this Agreement from seeking reimbursement from the State of Texas or the Federal government for the cost of supplies, services, equipment, or personnel costs that are available under any other mutual aid, disaster aid or memorandum of agreement if an emergency event that a Responding Party participates in becomes a declared disaster. The Requesting Party shall not be responsible for the reimbursement of any unpaid balance due under this Section. Double billing for services by Responding or Requesting Parties is not authorized. SECTION 12. This Agreement does not replace, supersede or void any other existing mutual aid agreement, disaster aid agreement, or memorandum of agreement in effect between any of the parties participating in this agreement and other parties not participating hereunder. Within 30 days of the effective date of this agreement, notice shall be sent to all mutual aid parties of the SAN ANTONIO AREA EMERGENCY SERVICES MUTUAL AID ALAMO AREA EMERGENCY SERVICES MUTUAL AID AGREEMENT Page 5 of 9 AGREEMENT, VERSION 1 and VERSION 2, that those agreements are terminated. SECTION 13. The parties hereto agree that responses to emergencies under this Agreement will be only within the service area of each party to this Agreement within the AACOG region of Texas and not otherwise. SECTION 14. All governmental agencies acknowledge that they are political subdivisions, emergency services organizations, or governmental units of the State of Texas and are subject to, and comply with the applicable provisions of the Texas Tort Claims Act, as set out in Civil Practices and Remedies Code, Section 101.001, et seq.. This Agreement will be interpreted according to the Constitution and laws of the State of Texas. Venue of any court action brought directly or indirectly by reason of this Agreement shall be in accordance with applicable law. Nothing in this agreement shall limit the ability of any or all of the parties from agreeing to participate in more specific contracts for services, mutual assistance or automatic response; nor shall this prohibit any party from providing emergency assistance to another jurisdiction which is not a participant in this agreement. However, this agreement shall not include providing assistance to such other non - signatory jurisdiction. SECTION 16. Each party shall be responsible for complying with the following insurance requirements: i. Texas Worker's Compensation Act; ii. Texas motor vehicle financial responsibility laws; and iii. General Liability, Public Officials Liability and Law Enforcement Liability. The Responding Party shall provide and maintain its standard packages of medical and death benefit insurance coverage while its personnel are assisting the Requesting Party. Each party to this Agreement, by signing this agreement, certifies that the required insurance is and will remain current. Proof of insurance shall be provided to any other party of this Agreement upon written request. Failure to maintain proper insurance as required in this Section shall constitute a ground for immediate termination of that party from this agreement. Each party shall notify the custodian of this agreement if adequate insurance lapses for any reason. SECTION 17. It is understood that no party to this agreement by the execution of said Agreement or by the requesting or providing of assistance under this agreement has assumed any binding legal responsibility to provide the resources, equipment, facilities, or personnel of such responding jurisdiction outside its geographic area of jurisdiction, either in the instance of the initial request for assistance or any future request for assistance. SECTION 18. It is not intended by this Agreement to create, and nothing contained in this Agreement shall create, any partnership, joint venture or similar arrangement among the parties hereto. ALAMO AREA EMERGENCY SERVICES MUTUAL AID AGREEMENT Page 6 of 9 SECTION 19. No term or provision of this agreement is intended to, or shall, create any rights in any person, firm, corporation, or other entity not a party hereto, and no such person or entity shall have any cause of action hereunder. SECTION 20. The term of this Agreement shall be indefinite with any party having the right to terminate said agreement upon thirty days' written notice to all other parties. The addition or deletion of parties to this agreement shall not affect the agreement as to the remaining parties, except as may be specifically provided by amendment to this Agreement. SECTION 21. This Agreement shall be effective as to a department or agency immediately upon execution of the same by such department or agency. SECTION 22. The terms of this agreement shall be in effect at any time a party hereto responds within the geographical jurisdiction of a participating party. SECTION 23. Neither this Agreement nor any duties or obligations hereunder shall be assignable by any party without the prior written consent of all other parties and any assignment without the written consent of a non - assigning party shall be null and void. SECTION 24. This Agreement is performable within the AACOG region of Texas. The validity of this Agreement or any of its terms or provisions, as well as the rights and duties of the parties hereto, shall be governed by the laws of the State of Texas and the United States. SECTION 25. The Alamo Area Fire Chiefs Association shall serve as custodian of this Agreement. The custodian shall maintain a current and correct copy of the Agreement and an executed copy from each agency or department. The custodian shall maintain a current listing of all agencies and departments that have executed the Agreement, and shall serve as the source of information relating to the document. SECTION 26. Suggestions for revisions, corrections, improvements or other changes to the Agreement shall be forwarded, in writing, to the custodian. The proposed changes shall be distributed to all agencies and departments that have executed the Agreement for review and comment. SECTION 27. A simple majority of the Fire Chiefs or administrative heads of departments or agencies present at a regularly scheduled meeting may propose changes or corrections to the Agreement. ALAMO AREA EMERGENCY SERVICES MUTUAL AID AGREEMENT Page 7 of 9 SECTION 28. This Agreement may be amended only by the mutual written agreement of all parties hereto, by the re- execution of the Agreement by each department or agency. SECTION 29. Force Majeure. None of the parties hereto shall be required to perform a term, condition, or covenant in this Agreement so long as such performance is delayed or prevented by Force Majeure, which will mean acts of God, strikes, lockout, material or labor restrictions by any governmental authority, civil riot, floods, and any other cause not reasonably within the control of said parties and which by the existence of due diligence said party is unable, wholly or in part, to prevent or overcome. SECTION 30. Each Responding Party which performs services or furnishes aid pursuant to this Agreement shall do so with appropriated funds from current revenues available to the Responding Party. No Party shall have any liability for the failure to expend funds to provide aid hereunder. Each Requesting Party which reimburses costs of a Responding Party shall do so with appropriated funds from current revenue available to the Requesting Party, to the extent permitted by law. SECTION 31. This amended Agreement, after having been re- executed by each participating department or agency, shall supersede and replace any previously executed version of this Agreement on the effective date. This amended version of the Agreement shall become effective beginning April 1, 2015. ALAMO AREA EMERGENCY SERVICES MUTUAL AID AGREEMENT Page 8 of 9 EXECUTED by the entities whose signatures are affixed hereto, each representative entity acting by and through its duly authorized official in the manner required by each representative entity's charter, or otherwise as required by law, on multiple counterparts each of which shall be deemed to be an original, on the date specified on the multiple counterpart executed by such entity. , Texas (Department, Agency or Entity Name) (County) Name: Signature: Date: Title: of (Mayor, City Manager, President, etc.) (Department, Agency or Entity) Attest: Received By: Name: Signature: for Alamo Area Fire Chiefs Association Date: ALAMO AREA EMERGENCY SERVICES MUTUAL AID AGREEMENT Page 9 of 9 CITY COUNCIL MEMORANDUM City Council Meeting: April 21, 2015 Department: Public Works Agenda No. 3 Subject: Ordinance No. 15 -T -13 — An Ordinance by the City Council of the City of Schertz, Texas Authorizing a Budget Adjustment to the Drainage Channel Maintenance Fund for improvements to the Laura Heights Drainage Channel — Downstream Section. (First Reading) BACKGROUND Since 2043 . staff has been working with the residents within the Laura Heights and Ivy Estates Subdivisions to improve their drainage channels so that the Laura Heights Homeowner's Association (HOA) will be able to maintain them. The first two phases of the project (funded by the City) consisted of a concrete drainage swale to carry the constant flow through the Laura Heights Detention Pond and the channel from the outfall of the pond to the culvert upstream of Laura Bluff. Staff discussed a lack of funding for this fiscal year with the HOA President and through an action by the Laura Heights HOA :Board they agreed to donate $25,000 for the final phase to get this project completed. The donation was received in February 2015. Staff is requesting a budget adjustment to use the $25,000 donation to substantially fund the final phase of the drainage improvement project downstream of the the Laura Heights Subdivision. This phase will be a 5 -foot concrete drainage swale approximately 450 feet long from the concrete riprap downstream of the Laura Bluff culverts to the Lazar Parkway right -of. -way that is maintained by the City. The project is estimated to cost approximately $30,000 and will be funded from the donation and remaining funds in the FY 2014 -15 Drainage Channel Maintenance line item within the Drainage Fund. Staff recommends approval. Goal To complete the final phase of the drainage improvement project downstream of the Laura Heights Subdivision to provide for proper drainage to protect life and property and to provide the ability for the HOA to properly maintain the channel. Community Benefit Through cooperation with the Laura Heights HOA the city will be able to complete this project that will provide for appropriate drainage to protect life and property for residents in the neighborhood as well as provides maintainable structures that help the HOA sustain the capacity and integrity of the stormwater conveyance facilities. Summary of Recommended Action Staff recommends Council approve the ordinance authorizing a budget adjustment to the Drainage Channel Maintenance Fund for improvements to the Laura Heights Drainage Channel — Downstream Section. City Council Memorandum Page 2 FISCAL IMPACT Fiscal impact of this project is $30,000. Action will approve recognizing $25,000 from Drainage Revenue collected as a donation from the Laura Heights Homeowners Association for the Drainage Channel Maintenance Fund. The remaining balance will be paid out of the Drainage Channel Maintenance Fund for the FY2014 -2015 approved budget. This item was not a budgeted item. RECOMMENDATION Staff recommends Council approve Ordinance 1.5 -T -13 on first Reading. ATTACHMENTS Ordinance 15 -T -13 Location Map (Exhibit) Letter from Laura Heights Homeowners Association. AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING A BUDGET ADJUSTMENT TO THE DRAINAGE CHANNEL MAINTENANCE FUND FOR IMPROVEMENTS TO THE LAURA HEIGHTS DRAINAGE CHANNEL — DOWNSTREAM SECTION; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT WITH THIS ORDINANCE; AND PROVIDING AN EFFECTIVE DATE WHEREAS, pursuant to Ordinance 14 -T -42, the City of Schertz (the "City") adopted the budget for the City for the fiscal year 2014 -2015 (the `Budget "), which provides funding for the City's operations throughout the 2014 -2015 fiscal year; and WHEREAS, the City has received A $25,000 donation from the Laura Heights Homeowners Association to substantially fund an improvement project for a drainage channel; and WHEREAS, the City needs to adjust the Budget to recognize $25,000 received as a donation from the Laura Heights Homeowners Association to fund improvements to the Laura Heights Drainage Channel — Downstream Section (the "Project "); and WHEREAS, City staff recommends that the City Council of the City of Schertz adjust the Budget and approve using the donation from the Laura Heights Homeowners Association for the project; and WHEREAS, the City Council of the City has determined that it is in the best interest of the City to adjust the Budget and approve the use of the $25,000 donation from the Laura Heights Homeowners Association, as more fully set forth in this Ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS: Section 1. The City shall adjust the Budget by $25,000 in the Drainage Fund to the fund the improvements to the Laura Heights Drainage Channel — :Downstream Section and recognize the $25,000 donation. Section 2. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Ordinance for all purposes and are adopted as a part of the judgment and findings of the Council. Section 3. All ordinances and codes, or parts thereof, which are in conflict or inconsistent with any provision of this Ordinance are hereby repealed to the extent of such conflict, and the provisions of this Ordinance shall be and remain controlling as to the matters resolved herein. Section 4. This Ordinance shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 5. If any provision of this Ordinance or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Ordinance and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City hereby declares that this Ordinance would have been enacted without such invalid provision. Section 6. It is officially found, determined, and declared that the meeting at which this Ordinance is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Ordinance, was given, all as required by Chapter 551, as amended, Texas Government Code. Section 7. This Ordinance shall be effective upon the date of final adoption hereof and any publication required by law. PASSED ON FIRST READING, the 21st day of April, 2015. . PASSED, APPROVED and ADOPTED ON SECOND READING, the day of , 2015. CITY OF SCIIERTZ, TEXAS Michael R. Carpenter, Mayor Brenda Dennis, City Secretary (CITY SEAL) 50558021.1 - 2 - � I � 6805 Laura Bluff Diamond Association Management Consulting "We .Manage your Community" February 20, 2015 City of Schertz Attention: Mr Larry Busch 1400 Schertz Parkway Schertz, TX 78154 Dear Mr Busch, This letter is to confirm that Check # 1301, in the amount of $25,000.00 (twenty -five thousand dollars) from the Laura Heights Homeowners Association was provided to the City of Schertz as a "Cost Share" to complete the reconstruction of the drainage channel on the southwest side of Laura Bluff Dr between Hunter Estates and Ivy Estates within the area of Laura Heights Estates HOA. If you have additional questions please contact Mr Clark McChesney, 915 -525 -9036 - - clark.mcchesney@gmail.com, president of the Laura Heights HOA or the undersigned. Best Regards, , r`r Rodney Herrera Managing Agent for Laura Heights Estates HOA, Inc. _.. 6391 DeLwalaRoaJ,,c5ui(te223D IV anAntan6,Texas78249 N%P I(w) 21 o- 561-0606 O 216-6 jc7-1 1231W , . manaer -w <iamclx.com .DAMC TX, com 4# Agenda No. 4 CITY COUNCIL MEMORANDUM City Council Meeting: April 21, 2015 Department: City Manager Subject: Resolution No. 15 -R -31 — Supporting House Bill 1.415 related to establishment or use of cemeteries in certain municipalities As development has started to grow in and around JBSA- Randolph, the City of Schertz in its commitment to support the military flying missions, has worked with developers to properly protect the Runway Clear Zones (CZ) and Accident Potential Zones (APZ). These safety areas (CZ) and (APZ) are subject to increased risk and high levels of aircraft noise on a daily basis. One of the possible uses that would protect these areas would be the development of a cemetery. Currently, the only cemeteries located in Schertz are family cemeteries. Long -term citizens and their families who desire to be interred in their home town do not have that as an option. City Staff has worked for many years to identify appropriate places for a Cemetery. In 2009, Schertz had legislation passed that would enable a cemetery to be located within its borders, but it had a sunset date of January 1, 2014. During this period, development did not progress to the point where someone could approach the City to make this happen and the original enabling legislation. sunset. This year, during session, Representative John Kuempel reintroduced enabling legislation without a sunset date to allow this type of development to occur when the City and developers are ready. Enabling legislation is necessary to do this because Texas Health and Safety Code Chapter 711 does not allow a cemetery within two miles of the boundaries of a municipality with a population between 25,000 and 50,000 without specific enabling legislation. At the time of this writing, House Bill 1415 has successfully been passed out of the house by Representative Kuempel. Senator Carlos Uresti is willing to carry the bill through the Senate, but he desires a resolution in support of the resolution from City Council to ease the bills movement through the Senate. FISCAL IMPACT None City Council Memorandum Page 2 Staff recommends Council approve Resolution No. 15 -R -31 in support of House Bill 1415. ATTACHMENT Resolution No. 15 -R -31 RESOLUTION NO. 15 -R -31 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS IN SUPPORT OF HOUSE BILL 1415 INTRODUCED BY REPRESENTATIVE JOHN KUEMPEL DURING THE 84TH REGULAR SESSION OF THE TEXAS LEGISTLATURE RELATED TO THE ESTABLISHMENT OR USE OF CEMETARIES IN CERTAIN MUNICIPALITIES. WHEREAS, The City of Schertz does not have a public cemetery within its borders; and WHEREAS, Developers of land that lies within the Runway Clear Zones (CZ) and Accident Potential Zones (APZ), have expressed a desire to utilize this land for a variety of permissible public use purposes including a Cemetery; and WHEREAS, The Texas Health and Safety Code does not allow the establishment of a cemetery within two miles of the boundaries of a municipality with a population between 25,000 and 50,000 without express enabling legislation; and WHEREAS, the City of Schertz wishes to have a public cemetery for its citizens to utilize for themselves and their families; NOW THEREFORE, BE IT RESOLVED, that the City Council of the City of Schertz, Texas hereby requests that the Texas Legislature approve and submit to the Governor for passage of House Bill 1.41.5 as introduced to include: Section 1. A person may file a written application with the governing body of a municipality to establish or use a cemetery located inside the boundaries of the municipality in a format as established by ordinance of the governing body of the municipality. Section 2. The municipality must be one that is located within three counties, has a population of 18,000 or more and does not have a cemetery within its boundaries, other than a family cemetery. Section 3. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Resolution for all purposes and are adopted as a part of the judgment and findings of the City Council. Section 4. All resolutions or parts thereof, which are in conflict or inconsistent with any provision of this Resolution are hereby repealed to the extent of such conflict, and the provisions of this Resolution shall be and remain controlling as to the matters resolved herein. Section 5. This Resolution shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 6. If any provision of this Resolution or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Resolution and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City Council hereby declares that this Resolution would have been enacted without such invalid provision. Section 7. It is officially found, determined, and declared that the meeting at which this Resolution is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Resolution, was given, all as required by Chapter 551, Texas Government Code, as amended. Section 8. This Resolution shall be in force and effect from and after its final passage, and it is so resolved. PASSED AND ADOPTED, this 21st day of April, 2015. CITY OF SCHERTZ, TEXAS Michael R Carpenter, Mayor Brenda Dennis, City Secretary (CITY SEAL)