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06-09-2015 Agenda with backup City Council Agenda REGULAR SESSION CITY COUNCIL JUNE 9, 2015, 6:00 P.M. HAL BALDWIN MUNICIPAL COMPLEX COUNCIL CHAMBERS 1400 SCHERTZ PARKWAY BUILDING #4 SCHERTZ, TEXAS 78154 Policy Values Economic Prosperity Fiscally Sustainable Family Friendly for All Ages High Quality of Life Safe Community Essential Services Attractive Community Innovative and Proactive Service Oriented Friendly City AGENDA TUESDAY, JUNE 9, 2015 AT 6:00 P.M. Call to Order – City Council Regular Session Invocation and Pledges of Allegiance to the Flags of the United States and State of Texas. (Councilmember Fowler) City Events and Announcements • Announcements of upcoming City Events (J. Bierschwale/B. James) • Announcements and recognitions by City Manager (J. Kessel) Presentation • Proclamation Celebrating 102 Years “Schertz Bank & Trust” (Mayor Carpenter) • Introduction of the FY2015/16 Schertz Sweetheart Court. (L. Klepper/E. Matlock) 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. 06-09-2015 Council Agenda Discussion by the Council of any item not on the agenda shall be limited to statements of specific factual information given in response to any inquiry, a recitation of existing policy in response to an inquiry, and/or a proposal to place the item on a future agenda. The presiding officer, during the Hearing of Residents portion of the agenda, will call on those persons who have signed up to speak in the order they have registered. Discussion and Action Items 1. Minutes - Consideration and/or action regarding the approval of the minutes of the Joint Meeting of May 28, 2015 and the Regular Meeting of June 2, 2015. (J. Kessel/B. Dennis) 2. Resolution No. 15-R-42 – Consideration and/or action approving a Resolution authorizing an Interlocal Cooperation Contract Agreement with Texas Parks and Wildlife Department.(D. Wait/D. Covington/C. Meeks) 3. Resolution No. 15-R-43 – Consideration and/or action approving a Resolution authorizing an Emergency Mutual Agreement with Alamo Area Council of Governments. (D. Wait/D. Covington/C. Meeks) 4. Resolution No. 15-R-44 – Consideration and/or action approving a Resolution authorizing a contract with Austex Tree Service, for tree pruning services. (B. James/C. Van Zandt) 5. Ordinance No. 15-D-16 – Consideration and/or action approving an Ordinance Prohibiting the use of Hand-Held Mobil Communication Devices and Portable Electronic Devices while operating a motor vehicle by adding Article X to Chapter 86 of the City Code of Ordinances of the City of Schertz, Texas, providing for a fine of up to $200.00 per violation, providing an effective date, and other matters in connection therewith. (D. Wait/M. Hansen/M. Casas) Roll Call Vote Confirmation Requests and Announcements 6. Announcements by City Manager • Citizen Kudos • Recognition of City employee actions • New Departmental initiatives 7. Requests by Mayor and Councilmembers that items be placed on a future City Council agenda. 8. Announcements by Mayor and Councilmembers • City and community events attended and to be attended • City Council Committee and Liaison Assignments (see assignments below) 06-09-2015 City Council Agenda Page - 2 - • Continuing education events attended and to be attended • Recognition of actions by City employees • Recognition of actions by community volunteers • Upcoming City Council agenda items Adjournment CERTIFICATION I, DONNA SCHMOEKEL, DEPUTY 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 5th DAY OF JUNE 2015 AT 11:30 A.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. Donna Schmoekel Donna Schmoekel, Deputy City Secretary 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. 06-09-2015 City Council Agenda Page - 3 - COUNCIL COMMITTEE AND LIAISON ASSIGNMENTS Mayor Carpenter Audit Committee Interview Committee for Boards and Commissions Investment Advisory Committee TIRZ II Board Mayor Pro-Tem Edwards – Place 4 Audit Committee Hal Baldwin Scholarship Committee Interview Committee for Boards and Commissions Cibolo Valley Local Government Corporation Councilmember Fowler – Place 1 Interview Committee for Boards and Commissions Schertz Housing Board Liaison Randolph Joint Land Use Study (JLUS) Executive Committee Schertz Seguin Local Government Corporation Councilmember Azzoz – Place 2 Animal Control Advisory Committee Sweetheart Advisory Committee Councilmember John – Place 3 Lone Star Rail District Councilmember Thompson Place 5 Audit Committee 06-09-2015 City Council Agenda Page - 4 - Agenda No. 1 CITY COUNCIL MEMORANDUM City Council Meeting: June 9, 2015 Department: City Secretary Subject: Minutes BACKGROUND The City Council held a Joint Workshop Meeting with the City of Cibolo and Cibolo Valley Local Government Corporation on May 28, 2015 and a Regular meeting on June 2, 2015. FISCAL IMPACT None RECOMMENDATION Staff recommends Council approve the minutes of the joint meeting of May 28, 2015 and the regular meeting of June 2, 2015. ATTACHMENT Minutes –Joint Workshop Minutes May 28, 2015 and Regular meeting June 2, 2015. MINUTES REGULAR MEETING June 2, 2015 A Regular Meeting was held by the Schertz City Council of the City of Schertz, Texas, on June 2, 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 Edwards Councilmember Jim Fowler Councilmember Grumpy Azzoz Councilmember Daryl John Councilmember Robin Thompson Staff Present: City Manager John Kessel Deputy City Manager John Bierschwale Executive Director Dudley Wait Executive Director Bob Cantu City Attorney Charles Zech City Secretary Brenda Dennis Call to Order Mayor Carpenter called the meeting to order at 6:00 p.m. Invocation and Pledges of Allegiance to the Flags of the United States and the State of Texas (Councilmember Thompson) Councilmember Thompson provided the invocation followed by the Pledges of Allegiance to the Flags of the United States and the State of Texas. City Events and Announcements • Announcements of upcoming City Events (J. Bierschwale/B. James) Mayor Carpenter recognized Executive Director Brian James who provided the following announcements: • Thursday, June 4, Schertz Chamber After Hours Mixer – 5:30 7:00 p.m., University of Incarnate Word, 6909 N. Loop 1604 East, Suite 1009. • Saturday, June 6, 10:00 a.m., Bond Committee Meeting. SAVE THE DATE: • Friday, June 12, Deputy City Manager John Bierschwale’s Retirement Celebration, 5:00 p.m. at the Schertz Civic Center. • Announcements and recognitions by City Manager (J. Kessel) No announcements provided. 6-02-2015 Minutes Page - 1 - Presentation • Employee Longevity Recognition – Scott LaCour, Police Department – 20 years. (J. Kessel) Mayor Carpenter recognized City Manager John Kessel who provided comments regarding CID Sgt. LaCour’s tenure with the City. Sgt. LaCour began his career as a Reserve Patrolman in 1994 and was hired on full-time in 1995. As his interest in the area of narcotics increased, he was assigned to the Drug Enforcement Administration Unit as a Task Force Officer, where he remains today. Scott is well respected as is evident by the words of his supervisors. Lt. Joh Correu says that ‘Scott has been a pillar in this organization for as long as anyone can remember…he embodies the words commitment and dedication. The City of Schertz has benefited immensely from his service.” Lt. Manny Casas said that “Scott LaCour is the most knowledgeable narcotics office in the department. He has a knack and passion for drugs that drove him to be a part of a specialized task force that utilizes his vast knowledge.” Sgt. LaCour is also a member of the United States Air Force and is part of the Texas Air National Guard. In November 2012, he was promoted to Chief Master Sergeant and is currently the 149 FW Wing Weapons Manager at Kelly Air Force Base where he trains Air Force pilots for combat missions. He has been married to his wife Susan for 14 years and has a 25 year old son and 13 year old twin boys. Sgt. Lacour thanked the Mayor, Council and staff for the opportunity to serve. Hearing of Residents Mayor Carpenter recognized the following individuals who spoke: • Ms. Clare Layton, 12231 Lost Meadows Drive, who spoke again about the purpose of the invocation. Ms. Layton thanked Councilmember Thompson for coming down from the dais this evening. • Mr. Robert Brockman, 1000 Elbel who spoke regarding the need to have TxDOT mowed the tall grass along FM 3009. Discussion and Action Items 1. Minutes - Consideration and/or action regarding the approval of the minutes of the Regular Meeting of May 26, 2015. (J. Kessel/B. Dennis) Mayor Carpenter recognized Councilmember Fowler who took a moment to thank City Secretary Brenda Dennis on the detailed minutes she always provides. As he was reading over them he became aware of some detail he had either missed during the meeting or forgotten and the completeness of the meeting discussion helped refresh his memory. 6-02-2015 Minutes Page - 2 - Mayor Carpenter also added his thanks for the City Secretary’s attention to detail in this area and for capturing the history of our council meetings. Mayor Carpenter recognized Councilmember Fowler who moved, seconded by Mayor Pro-Tem Edwards to approve the minutes of the regular meeting of May 26, 2015. The vote was unanimous, with Mayor Pro-Tem Edwards, Councilmembers Fowler, Azzoz, John, and Thompson voting for, no one voting no. Motion passed. 2. Resolution No. 15-R-40 – Consideration and/or action approving a Resolution Authorizing a Professional Services Agreement with Ford Engineering, Inc., relating to Engineering Design Services for the Southern Schertz Elevated Water Storage Tank project. (D. Wait/S. Willoughby/K. Woodlee/C. Raleigh) The following was read into record: RESOLUTION NO. 15-R-40 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING A PROFESSIONAL SERVICES AGREEMENT WITH FORD ENGINEERING, INC., RELATING TO ENGINEERING DESIGN SERVICES FOR THE SOUTHERN SCHERTZ ELEVATED WATER STORAGE TANK PROJECT, AND OTHER MATTERS IN CONNECTION THEREWITH Mayo r Carpenter recognized Assistant Public Works Director Jimmy Hooks who stated the City desires to construct a one-million gallon elevated storage tank as well as a three- million gallon ground storage tank in the Southern Schertz Watershed. The first phase of the project includes the Elevated Water Storage Tank and associated distribution water lines. This tank is necessary to provide adequate water service to the fast-growing area. The City of Schertz is ready to move forward with the Engineering and Design of the Elevated Tank Project. The property for the project has been acquired by the City as unanimously approved by City Council on March 3, 2015 by Resolution 15-R-14. The goal is to begin construction on the elevated storage tank and associated distribution lines by late 2015, early 2016. The second phase of the project, the ground storage tank, will be scheduled in conjunction with the new distribution line currently being planned by the Schertz Seguin Local Government Corporation. On July 7, 2014, City Council approved On Call Engineering Contracts with four Engineering Firms; Ford Engineering, Pape Dawson, LAN, and Cobb Fendley for the engineering and design of various projects in the City of Schertz. Based on qualifications, experience, and history of the project, staff recommends hiring Ford Engineering, Inc. to complete the Engineering and Design for the Southern Schertz Elevated Water Storage Tank Project. Southern Schertz Elevated Tank Project Budget Engineering $227,186 Construction $2.5 Million (Estimated) 6-02-2015 Minutes Page - 3 - Legal $3,000 Advertising $1,000 Other Prof. Services $5,000 Easement Acquisition $30,000 (Estimated) Construction Contigency $125,000 (Estimated) Project Total $2,891,186 The project costs, including Engineering and Design, will be funded with a combination of Capital Recovery, Water Revenue and SAWS Reservation Funds: (Mr. Hooks noted a correction in the Capital Recovery and the Water Revenue numbers) Capital Recovery: $1,650,000 SAWS Reservation Funds: $810,000 Water Revenue: $432,000 (Estimated) Staff recommends approval. Mr. Hooks continued to answer a few more questions from council. Mayor Carpenter recognized Mayor Pro-Tem Edwards who moved, seconded by Councilmember John to approve Resolution No. 15-R-40 with the corrections in the Capital Recovery and Water Revenue numbers. The vote was unanimous, with Mayor Pro-Tem Edwards, Councilmembers Fowler, Azzoz, John, and Thompson voting for, no one voting no. Motion passed. 3. Resolution No. 15-R-41 – Consideration and/or action approving a Resolution accepting the Semi-annual Report with respect to the progress of the Capital Improvements Plan, and other matters in connection therewith. (B. James/J. Santoya/R. Galindo) The following was read into record: RESOLUTION NO. 15-R-41 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS ACCEPTINING THE SEMIANNUAL REPORT WITH RESPECT TO THE PROGRESS OF THE CAPITAL IMPROVEMENTS PLAN, AND OTHER MATTERS IN CONNECTION THEREWITH Mayor Carpenter recognized Executive Director Brian James who stated the Texas Local Government Code and requires the Capital Improvements Advisory Committee (CIAC) to file semi-annual reports with respect to the progress of the capital improvements plan and report to City Council any perceived inequities in implement the plan or imposing impact fees. The CIAC is a citizen group made up of our current Planning and Zoning Commission, a real estate-type representative and a resident in the Extraterritorial Jurisdiction, all of whom are appointed by the City Council. The attached report includes a capital recovery balance report for October 1, 2014 through March 31, 2015 and draft CIAC minutes from May 13, 2015. 6-02-2015 Minutes Page - 4 - Staff recommends approval of the resolution accepting the semi-annual report as made up of the draft minutes for the May 13, 2015 CIAC meeting and the Capital Recovery Balance Report. Mayor Carpenter recognized Councilmember Azzoz who moved, seconded by Mayor Pro-Tem Edwards to approve Resolution No. 15-R-41. The vote was unanimous, with Mayor Pro-Tem Edwards, Councilmembers Fowler, Azzoz, John, and Thompson voting for, no one voting no. Motion passed. 4. Appointments/ Reappointments and Resignations to City Boards, Commissions and Committees – Consideration and/or action regarding appointments/reappointments and resignations to City Boards, Commissions, and Committees. (Mayor/Council/B. Dennis) Mayor Carpenter stated the Interview Board for the Boards, Commissions, and Committees held a meeting Thursday, May 21, 2015 to conduct interviews and consider reappointments to the various Boards, Commissions, and Committees. The Interview Board recommends the following board changes: Ratify the resignations of: - Stacy Haugen – Parks & Recreation - Merle Behne – Historical Preservation Committee - David Roman – Historical Preservation Committee - Terry Welch – Transportation Safety Advisory Committee Approve the following appointments and reappointments as follows: • Board of Adjustment o Frank McElroy – Reappoint o Reginna Agee – Reappoint o Danielene Salas – New Appointment, appoint as Alternate Member • Economic Development Corporation o Tim Brown - Reappoint o Angelina Kiser - Reappoint o Roy Richard - Reappoint o Paul Macaluso – New Appointment • Historical Preservation Committee o Pete Perez - Reappoint o Diana Webb - Reappoint o James Webb – Reappoint o Cynthia Palmer - Reappoint o Walter Turk – New Appointment Regular Member o David Lynch – New Appointment Regular Member 6-02-2015 Minutes Page - 5 - • Library Advisory Board o Juan Thorn - Reappoint o Laura Wilson - Reappoint o Ruth Tienor - Reappoint o Patti Dilworth - Reappoint o Margaret Riley - Reappoint o Mary McAllister - Reappoint • Parks and Recreation Advisory Board o Reginna Agee - Reappoint o Mark Davis - Reappoint o Harriett Higgs - Reappoint o Fae Simmons – Reappoint o Jeffrey Sanna – New Appointment Regular Member o Eric Haugen – New Appointment Alternate Member • Planning and Zoning Commission o David Richmond - Reappoint o Christian Glombik - Reappoint o Richard Braud - Reappoint • Transportation Safety Advisory Commission (TSAC) o Stephen Bish - Reappoint o Bill Bowers - Reappoint o Max Hernandez - Reappoint o Eric Haugen – Reappoint o Mark Tew – New Appointment Regular Member Mayor Carpenter had those volunteers who were present stand to be recognized. Councilmember Azzoz thanked all those that volunteer their time to the City. Mayor Carpenter recognized Councilmember Fowler who moved, seconded by Mayor Pro-Tem Edwards to approve the Boards, Commissions and Committees resignations, appointments and re-appointments as read. The vote was unanimous, with Mayor Pro- Tem Edwards, Councilmembers Fowler, Azzoz, John, and Thompson voting for, no one voting no. Motion passed. Roll Call Vote Confirmation City Secretary Brenda Dennis provided the roll call vote information for agenda items 1 through 4. Requests and Announcements 5. Announcements by City Manager 6-02-2015 Minutes Page - 6 - • Citizen Kudos • Recognition of City employee actions • New Departmental initiatives No further announcements were provided. 6. Requests by Mayor and Councilmembers that items be placed on a future City Council agenda. Mayor Carpenter recognized Councilmember Azzoz who asked that an item regarding the Hand Held Devices be placed on the next agenda for possible action. 7. Announcements by Mayor and Councilmembers • City and community events attended and to be attended • City Council Committee and Liaison Assignments (see assignments below) • Continuing education events attended and to be attended • Recognition of actions by City employees • Recognition of actions by community volunteers • Upcoming City Council agenda items Mayor Carpenter recognized Mayor Pro-Tem Edwards who thanked all the councilmembers who showed up for the joint workshop/meeting between Cibolo and Schertz for the Cibolo Valley Water Corporation. The water is very important and Alan Cockrell will be going to Victoria on June 11 for the initially prepared plan if anyone is interested in going. He will be leaving at 3:30 p.m. and the meeting will begin at around 5:30 p.m. Mayor Carpenter recognized Councilmember Fowler who stated he attended the following: • Wednesday, May 27, Ribbon Cutting - Syzygy Salon, 6032 FM 3009. • Thursday, May 28, Joint Workshop with SSLGC/CVLGC • Monday, June 1, Senior Center Annual Meeting. • Tuesday, June 2, Ribbon Cutting for Cloud 9 Assisted Living Manor. Mayor Carpenter recognized Councilmember Azzoz who stated tomorrow at the Memorial Plaza they will be taking pictures (San Antonio Magazine) and our own Chuck McCollough (Schertz Magazine) will be there. On July 20 he will be doing a fundraiser at his restaurant (Grumpy’s Mexican Café); it will be open to the general public. All proceeds will benefit our local veteran’s charity ‘Operation Comfort’. Mayor Carpenter recognized Councilmember Thompson who thanked the Public Works Department for their prompt action regarding the trimming of rose bushes by the Senior Center. Also this week, he attended the Senior Center Annual Meeting and the SSLGC/CVLGC workshop meeting. 6-02-2015 Minutes Page - 7 - Mayor Carpenter stated that this past weekend he attended the Fischer House Ride which raised a lot of money for the families of our military who come back to medical facilities so they can stay with their loved ones while they receive treatment. Adjournment Meeting was adjourned at 6:44 p.m. __________________________________ Michael R. Carpenter, Mayor ATTEST: __________________________________ Brenda Dennis, City Secretary 6-02-2015 Minutes Page - 8 - MINUTES SPECIAL JOINT WORKSHOP MEETING May 28, 2015 A Special Joint Workshop Meeting was held by the Schertz City Council of the City of Schertz, Texas, on May 28, 2015, at 6:30 p.m., in the Hal Baldwin Municipal Complex Council Chambers, 1400 Schertz Parkway, Building #4, Schertz, Texas. The following members present to-wit: City of Schertz Mayor Michael Carpenter Mayor Pro-Tem Edwards Councilmember Jim Fowler Councilmember Grumpy Azzoz Councilmember Daryl John Councilmember Robin Thompson City of Cibolo Mayor Lisa Jackson Mayor Pro-Tem Jay Hogue Councilmember Verlin “Doug” Garrett Councilmember Jim Russell Councilmember Allen Dunn Deputy City Secretary Sheila Edmondson Cibolo Valley Local Government Corporation: Justin Murray, Board President Lesley Pedde, Board Member Steve White, Board Member Alan Cockerell, Executive Director Regina Franke, Administrative Assistant Staff Present: City Manager John Kessel Deputy City Manager John Bierschwale Executive Director Dudley Wait Public Works Director Sam Willoughby City Secretary Brenda Dennis Guests: John Winkler, Walker Partners Art Rodriguez, Russell & Rodriguez LLP Ken Greenwald Bob Herrera Tim Fousse Bill Klent Rene Moulinet Sr. Call to Order 1. Call meeting to order – Justin Murray~President~CVLGC President Justin Murray called the Cibolo Valley Local Government Corporation (GCLGC) to order at 6:32 p.m. a. City of Cibolo – at this time a quorum was not present. 5-28-2015 Minutes Page - 1 - b. City of Schertz Mayor Carpenter called the City of Schertz Joint meeting to order at 6:33 p.m. 2. Welcome – Mr. Michael Carpenter~Mayor~City of Schertz Mayor Carpenter welcomed and thanked everyone here this evening, members from the City of Cibolo and members from the Cibolo Local Government Corporation (GVLGC) and others. He stated that this is a long time coming that Cibolo and Schertz enter into a partnership for finding water not only for both of our communities but potentially for surrounding communities as well who may be the customers of this partnership. Mayor Carpenter recognized Mayor Lisa Jackson City of Cibolo who thanked Mayor Carpenter for hosting the meeting and thanked and welcomed everyone for attending. 3. Introductions – Justin Murray~President~CVLGC Mayor Carpenter recognized and introduced Mr. Justin Murray, President of the Cibolo Valley Local Government Corporation. Members Steve White, City of Schertz, Ms. Leslie Pedde, City of Cibolo introduced themselves. 4. CVLGC Water Development Project in Wilson County – Alan Cockerell, Executive Director & John Winkler, Walker Partners & Art Rodriguez, General Counsel Mayor Carpenter recognized and introduced Executive Director Alan Cockerell who provided information regarding the following answering questions: • Terms • CVLGC – Cibolo Valley Local Government Corporation • DFC – Desired Future Condition • EUWCD – Evergreen Underground Water Conservation District • GCD – Groundwater Conservation District • GMA – Groundwater Management Area • IPP – Initially Prepared Plan • MAG – Modeled Available Groundwater • MOU – Memorandum of Understanding • MSA – Management Services Agreement • PER – Preliminary Engineering Report • Region L – South Central Texas Regional Water Planning Group • SARA – San Antonio River Authority • SSLGC – Schertz/Seguin Local Government Corporation • Texas Water Development Board (TWDB) • Regional Water Planning • South Central Texas Regional Water Planning Group o Region L 5-28-2015 Minutes Page - 2 - o Comprised of 20.5 Counties o Administrator: SARA o Technical Consultant: HDR, Inc. o Quarterly Meetings 2015  First Thursday of Feb, Apr, Sep & Nov  SAWS Customer Service Building o www.regionltexas.org • Current Planning Cycle o 2012 State Water Plan o Fourth Planning Cycle (2011-2016) o 2016 Regional Plans o 2017 State Water Plan Councilmember Jim Russell with the City of Cibolo arrived at 6:40 p.m. Call to Order: a. City of Cibolo – at this time a quorum was not present. Mayor Carpenter moved back to the beginning and recognized Mayor Jackson who called their joint meeting to order at 6:41 p.m. Mayor Carpenter moved back to the presentation by Mr. Cockerell. • Region IPP Public Notice • The 2016 IPP was submitted to the Texas Water Development Board (TWDB) on May 1, 2015. • A 30 day pre-public hearing comment period is currently active until the last IPP public hearing. The public comment period will continue for no less than 60 days thereafter. Written comments may be submitted anytime until August 14, 2015. • IPP public hearings will take place at the following locations and specific dates and times: • June 8, 2015, 6:00 p.m. – San Antonio Water System Customer Service Building, Room CR C 145, 2800 US Highway 281 North, San Antonio, Texas 78212 • June 10, 2015, 6:00 p.m. – City of San Marcos, San Marcos Activity Center, 501 E. Hopkins Street, San Marcos, Texas 78666 • June 11, 2015 6:00 p.m. – City of Victoria, Victoria Community Center, 2905 E. North Street, Victoria, Texas 77902 2016 IPP can be found at Region L Website:  http://www.regionltexas.org/current-planning-effort/4thcycle-planning- efforts-2016-rwp/2015-initially-prepared-plan-ipp/  Volume I – Executive Summary and Initially Prepared Plan, 536 pages  Volume II – Water Management Strategy Evaluations, 586 pages 5-28-2015 Minutes Page - 3 - • CVLGC History 2011 o CVLGC formally created and first official board meeting with Cibolo, Converse, Schertz, Seguin, and Selma 2012 o Walker Partners began development of a regional water system master plan which included a water study for each city o Seguin and Selma withdrew due to different focus concentrations and cost 2013 o Responded to HDR Survey to collect population and water use data for Region L (With assistance from Walker Partners) 2014 o Selected most feasible project for CVLGC Customers o Converse withdrew from CVLGC o Approved Business Plan for Water Supply Project o Began Option Agreements with Wilson County landowners • CVLGC Organization 2015 City of Cibolo & City of Schertz Governed by a Board of Directors Appointed by Each City Council o Two Directors from each City o One Ex-Officio from each City Utilize SSLGC Staff for Administration (MSA) Board Meets Monthly (Fourth Thursday) Contracts with the Following: o Armstrong, Vaughn & Associates, PC – Auditor o Art Rodriguez, Russell & Rodriguez LLP - Attorney o Bill Klemt – Hydro-Geologist o John Winkler, Walker Partners – Engineering o SAMCO Capital Markets Inc. – Financial Advisors o HRM Land Acquisition Solutions, LLC – Land Agents • CVLGC Project Concept to include Project Description, and project map Water Supply Project Required for Long Range (50 year) Needs Project Included in 2016 Region L IPP Developing Project Water Rights with Willing Landowners o Provide Income Stream for Landowners o Lease one ac-ft/ac annually from Carrizo-Wilcox Aquifer o Land Owner to maintain Water Rights in other Stratas, as allowed by EUWCD 5-28-2015 Minutes Page - 4 - Project Summary: o Carrizo- Wilcox well field in Eastern Wilson County o 10,000 ac-ft/yr Capacity with Six Wells o Purchase Well Sites and Lease Water Rights o Water Production Projected to Begin in 2023 o Contract with SSLGC to Treat & Transport o Water Chemistry Compatible with SSLGC • CVLGC Project Financial to include Timing and Contribution Projections. Mr. Cockerell recognized and introduced Mr. John Winkler, PE, with Walker Partners who provided information regarding the following answering questions: • CVLGC Demands – Projected Water Needs • Carrizo Aquifer • Recoverable Storage information (Wilson County) .33% CLCG Pumpage 99.6% Remaining Storage Mr. Cockerell recognized and introduced Mr. Art Rodriguez, Russell & Rodriguez, LLP who provided information regarding Legislative activity: o Bills Filed: 7, 627 House, 3,148 Senate for a total of 10,775. 575 have passed. • HB 2179 – Minor Changes to Contested Cases • Requires public hearings Milestone Timing Annual Contribution per City Bond Issuance Water Rights & Property Acquisition FY2015-2016 $750,000 Project Development FY2016-2017 $300,000 FY2017-2018 $300,000 $12.2M Design & Acquisition FY2018-2019 $400,000 FY2019-2020 $400,000 Construction FY2020-2021 $900,000 $30.1M 5-28-2015 Minutes Page - 5 - • Requires GWCD Board to: • Grant, deny, or grant applications with special conditions • Prohibits GWCD Board from influencing a certain finding of fact or legal conclusion, except by proper evidence • HB 2767 – Defines who may be a party in an appeal of a District Decision • SB 854 – Provides for Renewal of Operating Permits • HB 655 – Recovery and Storage in Aquifers • HB 1221 – Requires sellers to disclose if property is within a GWCD o Permitting Groundwater • Notice – Adjudicative Hearing • Contested v. Uncontested • Pre-Hearing Conference o Parties o Simplification of Issues o Amending application o Admissions or Stipulations o Schedule Discovery o Set Witness Lists o Pre-filed Testimony o Procedures governing hearing on the merits o Hearing on the Merits – Testimony and Exhibits Pre-filed • Hearings Examiner reports findings to Board within 30 days • Submit Exceptions to Report • Board acts within 60 days 5. Summary, Recommendations & Discussions – Justin Murray~President~CVLGC Mayor Carpenter recognized Mr. Justin Murray, Board President of CVLGC who provided summary remarks which included answering questions: • City of Cibolo & City of Schertz • Water Supply Project selected for Long Rant (50 year) Needs: - 10, 000 ac-ft/vr Carrizo-Wilcox well field in Eastern Wilson County - Phased over the next eight years - Water Production projected to begin in 2023 • Project Included in 2016 Regional L IIP (Public Hearings): - June 8, 2015, at 6:00 p.m.: San Antonio 5-28-2015 Minutes Page - 6 - - June 10, 2015, at 6:00 p.m.: San Marcos - June 11, 2015, at 6:00 p.mm: Victoria • Developing Project Water Rights with Willing Landowners - Currently have reached over 50% of goal - Negotiating with additional 30% of Goal • Project Funding - Request $750,000 contribution from each City in FY 2015/15. Councilmember Grumpy Azzoz arrived at 7:25 p.m. 6. Adjournment President Justin Murray recognized Board Member Steve White who moved to adjourn the CVLGC meeting. Meeting adjourned at 7:28 Mayor Carpenter recognized Councilmember Fowler who moved to adjourn; Mayor Carpenter adjourned the Joint meeting at 7:28 p.m. Mayor Jackson recognized Councilmember Doug Garret seconded by Mayor Pro-Tem Jay Hogue to adjourn the Joint meeting at 7:29 p.m. __________________________________ Justin Murray, President CVLGC __________________________________ Michael R. Carpenter, Mayor City of Schertz __________________________________ Lisa M. Jackson, Mayor City of Cibolo ATTEST: __________________________________ Brenda Dennis, City Secretary 5-28-2015 Minutes Page - 7 - Agenda No. 2 CITY COUNCIL MEMORANDUM City Council Meeting: Fire Department Department: Emergency Management Subject: Resolution No. 15-R-42 - Texas Parks and Wildlife Department (TPWD) Interlocal Cooperation Contract Agreement BACKGROUND Goal To provide manpower and receive live fire training to better prepare for the delivery of wildland fire suppression services during emergencies. Community Benefit This Interlocal Cooperation Contract Agreement will provide unprecedented training opportunities to Schertz Fire Rescue personnel as they assist and learn from TPWD staff. Summary of Recommended Action By signing this agreement, the City enters into an agreement with the Texas Parks and Wildlife Department allowing Schertz Fire Rescue personnel to assist TPWD with prescribed burns on TPWD managed lands. FISCAL IMPACT There is no fiscal impact foreseen with this agreement RECOMMENDATION Staff recommends approval of Resolution No. 15-R-42. ATTACHMENT(S) Interlocal Cooperation Contract Agreement Resolution No. 15-R-42 RESOLUTION NO. 15-R-42 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING AN INTERLOCAL COOPERATION CONTRACT AGREEMENT WITH TEXAS PARKS AND WILDLIFE DEPARTMENT (TPWD), AND OTHER MATTERS IN CONNECTION THEREWITH WHEREAS, the City staff of the City of Schertz (the “City”) has recommended that the City enter into an Interlocal Cooperation Contract agreement with TPWD relating to Live Fire Training; and WHEREAS, the City Council has determined that it is in the best interest of the City to contract with TPWD pursuant to the Interlocal Cooperation Contract 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 TPWD 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 9th day of June, 2015. CITY OF SCHERTZ, TEXAS Michael R. Carpenter, Mayor ATTEST: Brenda Dennis, City Secretary (CITY SEAL) EXHIBIT A INTERLOCAL COOPERATION CONTRACT AGREEMENT 50234811.1 A-1 Contract Number EXHIBIT A INTERLOCAL COOPERATION CONTRACT This contract is entered into by and between the Texas Parks and Wildlife Department, hereinafter referred to as (TPWD), and City of Schertz, hereinafter referred to as (Cooperator) under the authority granted and in compliance with the provisions of "The Interlocal Cooperation Act," Chapter 791 of the Texas Government Code, and Section 11.0171(a)(1)(b) of the Texas Parks and Wildlife Code. I. PURPOSE The purpose of this contract is to provide opportunities to capitalize on live-fire training, which is available to COOPERATOR through the implementation of TPWD's prescribed fire operations. TPWD will mutually benefit by having additional qualified labor available to implement prescribed fires on TPWD managed properties. This contract delineates responsibilities and procedures for conducting cooperative prescribed fire activities. II. SCOPE The provisions of this contract apply to prescribed fire performed under the management of the TPWD as a part of its normal land management activities within the State of Texas. III. PERIOD OF PERFORMANCE This contract shall commence on the date of the last signature and shall continue for a period of five (5) years, unless terminated earlier in accordance with other provisions of this contract. This contract may be extended upon written approval by both parties. IV. RESPONSIBILITIES A. TPWD shall: 1. Manage, organize and provide personnel management of the prescribed fire, according to guidelines and policy prescribed by TPWD. 2. Notify COOPERATOR of the opportunity to participate in a prescribed fire and request specific equipment and personnel resources if needed. 3. Assist COOPERATOR in documenting the participation of COOPERATOR's employees in a cooperative prescribed fire exercise for training file purposes. B. The COOPERATOR shall: 1. Maintain a roster with qualification and fitness levels of all its personnel who will be participating in cooperative prescribed fire activities and provide the roster to TPWD before each cooperative prescribed fire. 2. Provide a primary point of contact to TPWD for the purpose of notification and notify TPWD of any changes to the contact information (i.e. address, phone number). 3. Provide all tools and equipment to its employees necessary to complete performance under this contract. C. COOPERATOR's employees shall: 1. Be physically capable of performing assigned duties; 2. Maintain knowledge, skills and abilities necessary to operate safely and effectively in the assigned position; and 3. Maintain support of employer for participation in activities. V. ADMINISTRATIVE, FINANCIAL AND PERSONNEL MANAGEMENT A. Reimbursement: TPWD will NOT reimburse COOPERATOR for wages, travel , per-diem, supplies or equipment. Each party to this contract will be responsible for its own expenses, including but not limited to those items listed above. B. Funding: Any expenditure of resources must be from current revenues available to the paying party. C. Medical Care for Injury or Illness: If COOP ERATO R's employee incurs an injury or illness during the performance of this CONTRACT, TPWD will cooperate logistically with COOPERATOR to ensure COOPERATOR's employee is properly treated and medically evaluated. In the absence of COOPERATOR's management, TPWD will investigate the incident and make a determination as to whether, in its opinion, the injury or illness was work related and will notify COOPERATOR of its findings for proper processing of a Workers Compensation claim. D. Liability: Pursuant to Government Code §791.006(a-1), the parties agree to assign the liability as follows, in a manner different than that specified in §791.006(a): 1. Each party will be responsible for its actions, and the actions of its employees. 2. The activities performed under this contract shall be performed entirely at each party’s own risk. 3. To the extent allowed by law, each party releases the other party from the actions of it’s own employees. 2 4. To the extent allowed by law, each party waives all claims against the other party to this agreement for compensation from any loss, damage, personal injury, or death occurring as a consequence of the performance of this contract. VI. POINTS OF CONTACT TPWD COOPERATOR Jeff Sparks State Parks Fire Program Manager 12016 FM 848 Tyler, TX 75707 903-566-5698 jeff.sparks@tpwd.texas.gov David Covington Fire Chief Schertz Fire Rescue 1400 Schertz Pkwy, Bldg 8 Schertz, TX 78154 dcovington@schertz.com Kevin Ferguson State Parks Fire Specialist 100 Park Rd 71 Mineral Wells, TX 76067 512- 571-9067 kevin.ferguson@tpwd.texas.gov Christopher H. Meek, Capt. Schertz Fire Rescue EMC | Training/Safety Officer 1400 Schertz Parkway, Bldg 8 Schertz, TX 78154 cmeek@schertz.com Mike Lloyd State Parks Fire Specialist SP-R3 West HQ 7690 HWY 46 West Pipe Creek, TX 78063 830-535-4733 mike.lloyd@tpwd.texas.gov VII. GENERAL PROVISIONS Amendments: This Contract may be amended by mutual agreement of the parties. Such amendments shall not be binding unless they are in writing and signed by personnel authorized to bind each of the parties. Dispute Resolution: Any disputes arising from this agreement shall be resolved using Chapter 2260 of the Texas Government Code. Public Disclosure: Information, documentation and other material in connection with this contract may be subject to public disclosure pursuant to Chapter 552 of the Texas Government Code ("the Public Information Act"). To the extent allowed by law, no public disclosures or news releases pertaining to this contract shall be made without prior written approval of TPWD. 3 Termination: This Contract shall terminate upon expiration of the term, unless otherwise extended or renewed as provided in accordance with the contract terms and conditions. Either party may terminate this contract upon a thirty (30) day written notice. Termination for Default: TPWD may, by written notice of default to the Cooperator, terminate this Contract in whole or in part for cause if the Cooperator fails to perform in full compliance with the contract requirements, through no fault of TPWD. TPWD will provide a thirty (30) day written notice of termination to the Cooperator of intent to terminate, and TPWD will provide the Cooperator with an opportunity for consultation with TPWD prior to termination. · Indemnification: TO THE EXTENT ALLOWED BY LAW, COOPERATOR SHALL DEFEND, INDEMNIFY, AND HOLD HARMLESS THE STATE OF TEXAS, ITS OFFICERS, AND EMPLOYEES, AND TPWD, ITS OFFICERS, AND EMPLOYEES AND CONTRACTORS, FROM AND AGAINST ALL CLAIMS, ACTIONS, SUITS, DEMANDS, PROCEEDINGS, COSTS, DAMAGES, AND LIABILITIES, INCLUDING WITHOUT LIMITATION ATTORNEYS' FEES AND COURT COSTS, ARISING OUT OF, CONNECTED WITH, OR RESULTING FROM ANY ACTS OR OMISSIONS OF COOPERATOR OR ANY AGENT, EMPLOYEE, SUBCONTRACTOR, OR SUPPLIER OF COOPERATOR IN THE EXECUTION OR PERFORMANCE OF THIS AGREEMENT. COOPERATOR SHALL COORDINATE ITS DEFENSE WITH THE TEXAS ATTORNEY GENERAL AS REQUESTED BY TPWD. TO THE EXTENT ALLOWED BY LAW, TPWD SHALL DEFEND, INDEMNIFY, AND HOLD HARMLESS COOPERATOR, ITS OFFICERS, AND EMPLOYEES AND CONTRACTORS, FROM AND AGAINST ALL CLAIMS, ACTIONS, SUITS, DEMANDS, PROCEEDINGS, COSTS, DAMAGES, AND LIABILITIES, INCLUDING WITHOUT LIMITATION ATTORNEYS' FEES AND COURT COSTS, ARISING OUT OF, CONNECTED WITH, OR RESULTING FROM ANY ACTS OR OMISSIONS OF TWPD OR ANY AGENT, EMPLOYEE, SUBCONTRACTOR, OR SUPPLIER OF TWDP IN THE EXECUTION OR P ERFORMANCE OF THIS AGREEMENT AND TWDP SHALL COORDINATE ITS DEFENSE AS REQUESTED BY COOPERATOR. This Interlocal contract is made and entered into by the following parties: TEXAS PARKS AND WILDLIFE DEPARTMENT COOPERATOR Signature Signature Name Name Title Title Date Date 4 Agenda No. 3 CITY COUNCIL MEMORANDUM City Council Meeting: June 9, 2015 Department: Emergency Management Subject: Resolution No. 15-R-43 Alamo Area Council of Governments Regional Mutual Aid Agreement BACKGROUND Goal To provide and receive adequate services during emergencies and or recovery. 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 city resources to cover every conceivable emergency situation. By using mutual aid agreements, communities share resources to accomplish the mission of their emergencies and recoveries. Summary of Recommended Action By signing this agreement, the City enters into an agreement with the ability to respond to other cities and allows other cities the ability to respond to us. Language in the agreement creates a systematic means by which local governments share resources. It uses the same language that aligns with State mutual aid law. FISCAL IMPACT There is no fiscal impact foreseen with this agreement RECOMMENDATION It is recommended that it be approved. ATTACHMENT(S) Regional Mutual Aid Agreement Resolution No. 15-R-43 RESOLUTION NO. 15-R-43 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING AN EMERGENCY MUTUAL AGREEMENT WITH ALAMO AREA COUNCIL OF GOVERNMENTS, 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 Council of Governments relating to emergencies and recovery ; and WHEREAS, the City Council has determined that it is in the best interest of the City to contract with Alamo Area Council of Governments pursuant to the Alamo Area Council of Governments Regional 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 Council of Governments 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 9th day of June 2015. CITY OF SCHERTZ, TEXAS Michael R. Carpenter, Mayor ATTEST: Brenda Dennis, City Secretary (CITY SEAL) EXHIBIT A REGIONAL MUTUAL AID AGREEMENT 50234811.1 A-1 Page 1 of 13 EXHIBIT A REGIONAL MUTUAL AID AGREEMENT State of Texas § § County § This Regional Mutual Aid Agreement (the “Agreement”) is entered into by and between local government entities and local organizations wholly or partially within the geographic areas covered by the Alamo Area Council of Governments (the “AACOG Region”), that by their signatures on duplicate original copies of this Agreement have consented to the terms of this Agreement (individually, a “Party”, and collectively, the “Parties”). WHEREAS, the Parties recognize the vulnerability of the people and communities located in the Region to damage, injury, and loss of life and property resulting from Emergencies and recognize that Emergencies may present equipment and manpower requirements beyond the capacity of each individual Party; and, WHEREAS, the Parties to this Agreement recognize that in the past Regional Mutual Aid has been provided between or among the Parties in the form of personnel, equipment, and other resources during Emergencies and to help with recovery; and, WHEREAS, the governing officials of the Parties desire to secure for each Party the benefits of Regional Mutual Aid and protection of life and property in the event of an Emergency; and, WHEREAS, the Parties wish to make suitable arrangements for furnishing Regional Mutual Aid in coping with Emergencies and are so authorized and make this Agreement pursuant to Chapter 791 of the Texas Government Code (Interlocal Cooperation Act), Chapter 418 of the Texas Government Code (Texas Disaster Act of 1975), Chapter 421 of the Texas Government Code (Homeland Security), and Chapter 362 of the Local Government Code; and, WHEREAS, the Parties recognize that a formal agreement for Regional Mutual Aid would allow for better coordination of effort, provide that adequate equipment is available, and help ensure that Regional Mutual Aid is accomplished in the minimum time possible and desire to enter into this Agreement to provide Regional Mutual Aid consistent with the Regional Mutual Aid plans developed by the respective jurisdictions and approved by the governing bodies of the jurisdictions. NOW, THEREFORE, the Parties agree as follows: Page 2 of 13 Terms 1. RECITALS The recitals set forth above are true and correct. 2. DEFINITIONS For purposes of this Agreement, the terms listed below shall have the following meanings: a. Agreement – this Regional Mutual Aid Agreement as such may be amended by its own terms. b. Emergency – Any incident, whether natural or human-caused, that requires responsive action to protect life and property which is declared by the appropriate agency or government official or employee in accordance with applicable law. c. Regional Mutual Aid – a homeland security activity, such as an activity related to the prevention or discovery of, response to, or recovery from a terrorist attack, natural or man-made disaster, hostile military or paramilitary action, or extraordinary law enforcement emergency and also includes personnel, equipment, and other resources. d. NIMS – the National Incident Management System. e.The Plan – The Threat and Hazard Identification and Risk Assessment (THIRA) adopted by the Board of Directors of Alamo Area Council of Governments as amended. The THIRA outlines the coordinating of emergency management resources during Emergencies involving multiple jurisdictions. f. Point of Contact – the individual or individuals authorized by the governing body of each Party to request or respond to a request for Regional Mutual Aid on behalf of the Party. A Party’s Emergency Management Director or Chief Executive Officer is always a Point of Contact, in addition to those designated in writing as the Point of Contact. g. Regional Emergency Preparedness Advisory Council. The advisory committee created by the Board of Directors of AACOG to assist and advise elected officials in their decision-making responsibilities on matters related to regional homeland security (hereinafter, “REPAC”). h. Requesting Party – the Party requesting Regional Mutual Aid under this Agreement. Page 3 of 13 i. Responding Party – the Party providing Regional Mutual Aid assistance under this Agreement. 3. ADMINISTRATIVE AGENCY The Parties hereby designate the Alamo Area Council of Governments, (hereinafter, “AACOG”) to be the Administrative Agency under this Agreement. AACOG shall be responsible for maintaining and distributing current Point of Contact information to all Parties. AACOG is also responsible for maintaining duplicate or certified copies of the original signature pages of the Parties to this Agreement. AACOG is not a signatory to the Agreement, and is not bound by any provision contained herein that is not directly related to the duties of the Administrative Agency. 4. POINT OF CONTACT DESIGNATION Each Party shall provide the Administrative Agency with written protocol by which its designated Point of Contact may be contacted twenty-four hours a day, seven days a week. This protocol shall designate, by name or position, the person or persons authorized to request or respond to a request for Regional Mutual Aid on behalf of a Party under this Agreement. Each Party must notify the Administrative Agency in writing of any change in its Point of Contact protocol as soon as practicable. 5. ACTIVATION OF AGREEMENT This Agreement is activated when a request is made for Regional Mutual Aid assistance. The request shall be documented by the Requesting Party and forwarded to each Party from whom assistance is sought. 6. INITIATION OF REQUEST A request under this Agreement may be made by a Point of Contact after one of the following occurs: a. After a declaration of a local state of Disaster pursuant to Chapter 418 of the Texas Government Code, as amended; or b. After a finding of an Emergency as defined in this Agreement. 7. PROCEDURES FOR REQUESTS Subject to the conditions in this Section, a Point of Contact may request Regional Mutual Aid assistance by: (1) submitting a written request for assistance to a Point of Contact of a Responding Party, or (2) orally communicating a request for Regional Mutual Aid assistance to a Point of Contact of a Responding Party, which shall be followed up by written documentation. In making any such request, each notice must adhere to the following minimum requirements: a. The written request shall state that the request is made pursuant to this Agreement. Page 4 of 13 b. Regional Mutual Aid shall not be requested by a Party unless it is directly related to an Emergency and resources available from the normal responding agencies to the stricken area within the Region are deemed to be inadequate, or are predicted to be expended prior to the resolution of the Emergency. c. All requests for Regional Mutual Aid shall be transmitted by a Point of Contact of the Requesting Party to a Point of Contact of the Responding Party or in accordance with the terms of the Plan. d. Each request for assistance shall be accompanied by the following information, to the extent known: i. A general description of the Emergency and the damage or injury sustained or threatened; ii. Identification of the general emergency service function or functions for which assistance is needed (e.g. fire, law enforcement, emergency medical, search and rescue, transportation, communications, public works and engineering, building, inspection, planning and information assistance, mass care, resource support, health and other medical services, etc.) and the particular type of assistance needed; iii. The amount and type of personnel, equipment, and other resources needed and a reasonable estimate of the length of time that each will be needed; iv. The location(s) to which the resources are to be dispatched and the specific time by which the resources are needed; and, v. The name and contact information of a representative of the Requesting Party, if available, to meet the personnel and equipment of any Responding Party at each location to which resources are dispatched. 8. THE PROVISION OF REGIONAL MUTUAL AID Subject to the conditions of this Section, upon request of the Requesting Party, each Party hereto may furnish Regional Mutual Aid in coping with an emergency. a. Assessment of Availability of Resources and Ability to Render Assistance. When contacted by a Requesting Party, a Point of Contact of the Party from whom Regional Mutual Aid is requested agrees to assess local resources to determine availability of personnel, equipment and other assistance to respond to the request. A Responding Party is not required to provide Regional Mutual Aid assistance unless Page 5 of 13 the Responding Party determines that the Responding Party has sufficient resources to provide assistance, based on current or anticipated events in its jurisdiction. b. Information Required of the Responding Party. A Point of Contact who determines that the Responding Party has available personnel, equipment, and other resources, shall so notify the Requesting Party and provide the following information, to the extent known: i. A complete description of the personnel and their expertise and capabilities, equipment, and other resources to be furnished to the Requesting Party; ii. The estimated length of time that the personnel, equipment, and other resources will be available; iii. The name of the person or persons to be designated as supervisory personnel; and, iv. The estimated time of arrival for provided assistance to arrive at the designated location(s). c. Supervision and Control. When providing assistance under the terms of this Agreement, the response effort must be organized and function in accordance with the most current version of the applicable NIMS guidelines. The personnel, equipment, and resources of a Responding Party being used in the response effort will be under the operational control of the Requesting Party. Direct supervision and control of personnel, equipment and resources, as well as personnel accountability, shall remain the responsibility of the designated supervisory personnel of the Responding Party. Emergency Medical Services organizations providing assistance under this Agreement will utilize medical protocols authorized by their medical director. The designated supervisory personnel of the Responding Party shall: maintain daily personnel time records, material records and a log of equipment hours; be responsible for the operation and maintenance of the equipment and other resources furnished by the Responding Party; and, report work progress to the Requesting Party. d. The Plan. Each Party hereto agrees that it will provide Regional Mutual Aid assistance under this Agreement in accordance with the Plan. e. Food, Housing, and Self-Sufficiency. Page 6 of 13 The Requesting Party shall have the responsibility of providing food and housing for the personnel of the Responding Party from twelve (12) hours after the time of their arrival at the designated location(s) to the time of their departure. However, Responding Party personnel and equipment should be, to the greatest extent possible, self-sufficient while working in the Emergency area. The Requesting Party may limit its request for assistance to only self-sufficient personnel and resources in its request for assistance. f. Rights and Privileges. Personnel who are assigned, designated or ordered by their Party’s governing body to perform duties pursuant to this Agreement shall continue to receive the same wages, salary, pension and other compensation including injury or death benefits, disability payments, and workers’ compensation benefits, for the performance of those duties as though the services had been rendered for the Party employing the personnel. The Responding Party employing the person is responsible for the payment of wages, salary, pension, and other compensation and benefits associated with the performance of duties under this Agreement. g. License Portability. If the assistance of a person who holds a license, certificate, permit, or other document evidencing qualification in a professional, mechanical, or other skill is requested by a Party under this Agreement, the person is considered licensed, certified, permitted, or otherwise documented in the Requesting Party’s jurisdiction in which the service is provided as long as the service is required, subject to any limitations imposed by the chief executive officer or governing body of the Requesting Party. h. The Duration of Aid. The provision of Regional Mutual Aid under this Agreement may continue until the services of the Responding Party are no longer required, or the Responding Party determines that further Regional Mutual Aid should not be provided. Resources of the Responding Party shall remain subject to recall by the Responding Party at any time, subject to reasonable notice to the Requesting Party. 9. COSTS All costs associated with the provision of Regional Mutual Aid, when such assistance requires a response exceeding 12 consecutive hours, shall be paid by the Responding Party and reimbursed by the Requesting Party at actual cost, to the extent permitted by applicable law. Such costs include but are not limited to: compensation for personnel; operation and maintenance of equipment; damage to equipment; and food, lodging and transportation expenses. Page 7 of 13 a. Requests for reimbursement must be submitted as soon as practicable but no later than sixty days after the return of all personnel deployed under this Agreement. Failure to submit a request for reimbursement within the specified time frame will result in the Responding Party not being reimbursed for the Regional Mutual Aid provided unless the Requesting Party extends the deadline for filing requests for reimbursement or the Federal or State Government extends the deadline for filing request for reimbursement. Such requests shall specifically identify all personnel, equipment, and resources provided; dates of issuance or duration of deployment, and the unit cost and total costs associated with each. b. The Responding Party shall be responsible for creating and maintaining a record of all costs incurred, both reimbursed and unreimbursed costs, in providing Regional Mutual Aid under this Agreement. The record shall be kept for a period of three years from the date the incident is closed. c. In the event federal funds are available for costs associated with the provision of Regional Mutual Aid, the Parties agree that the Requesting Party shall make the claim for the eligible costs of the Responding Party on its subgrant application and will disburse the federal share of funds to the Responding Party. d. Reimbursement under this Section will be made by the Requesting Party no later than: (1) one-hundred eighty days after receipt of the request for reimbursement; or (2) ninety days after the Requesting Party receives reimbursement from the federal or state government, whichever is sooner. e.The Parties recognize that each benefits from the existence of this Agreement and expect that each will provided and receive Regional Mutual Aid over the life of this Agreement. The Responding Party may assume in whole or in part any cost associated with the provision of Regional Mutual Aid or may loan or donate equipment or services to the Requesting Party without charge or cost. f. The provision of Regional Mutual Aid will be considered a non-reimbursable if the Responding Party does not request reimbursement within the time specified in this Section. 10. INSURANCE a. Wor ker s’ Com pen sat ion Cove rage . Each Party shall be responsible for complying with the Texas Workers’ Compensation Act. Page 8 of 13 b. Automobile Liability Coverage. Each Party shall be responsible for complying with the Texas motor vehicle financial responsibility laws. c. General Liability, Public Officials Liability and Law Enforcement Liability. Each Party agrees to obtain or continue its general liability, public official’s liability and law enforcement liability insurance, if applicable, or maintain a comparable self-insurance program. d. Other Coverage: 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. 11. WAIVER OF CLAIMS AGAINST PARTIES Each Party hereto waives claims for compensation for any loss, damage, personal injury, or death occurring as a consequence of the performance of this Agreement, except those caused in whole or part by the gross negligence of an officer or employee of another Party. 12. EXPENDING FUNDS a. 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, to the extent permitted by law. No Party shall have any liability for the failure to expend funds to provide aid hereunder. b. Each Requesting Party which reimburses costs of a Responding Party shall do so with appropriated funds from current revenues available to the Requesting Party, to the extent permitted by law. 13. EMERGENCY ASSISTANCE AND LAW ENFORCEMENT ASSISTANCE Notwithstanding any other provisions herein, any Party hereto may provide emergency assistance or law enforcement assistance to another Party as provided in Section 791.027 of the Texas Government Code or Section 362.002 of the Texas Local Government Code. 14. TERM This Agreement shall become effective as to each Party when approved and executed by that Party and shall be binding on each and every Party through December 31 of the year signed. This Agreement shall automatically renew for a period of one year upon the completion of the initial term and each subsequent term unless and until such time as the governing body of a Party terminates its participation in this Agreement pursuant to Section 25 of this Agreement. Termination of participation in this Agreement by a Party(ies) shall not affect the continued operation of this Agreement between and among the remaining Page 9 of 13 Parties and this Agreement shall continue in force and remain binding on the remaining Parties. 15. LIABILITY IN FIRE PROTECTION CONTRACT OR PROVISION OF LAW ENFORCEMENT SERVICES. To the extent that this Agreement is considered an Agreement under Section 791.006 of the Texas Government Code, the Responding Party under this Agreement is not responsible for any civil liability that arises from the furnishing of services described in Section 791.006. 16. LIABILITY UNDER INTERLOCAL CONTRACT A Party that furnishes a service related to a homeland security activity, as defined in Chapter 421 of the Texas Government Code, under this Agreement is immune from civil liability for any act or omission resulting in death, damage, or injury while acting under this Agreement if the act or omission was in good faith and in the course and scope of its functions to provide a service related to a homeland security activity. To the extent that any service is not considered to be a homeland security activity, as defined in Chapter 421 of the Texas Government Code, the Requesting Party assumes all risk of and responsibility for any claims against the Responding Party that arise out of the Responding Party’s furnishing of Regional Mutual Aid under this Agreement, so long as, the act or omission was in good faith and in the course and scope of its functions to provide Regional Mutual Aid under this Agreement. 17. ENTIRETY This Agreement contains all commitments and agreements of the Parties regarding Regional Mutual Aid to be rendered during or in connection with an Emergency. All previously entered into Regional Mutual Aid Agreements are superseded by this Agreement. No other oral or written commitments of the parties shall have any force or effect if not contained herein. Notwithstanding the preceding sentence, it is understood and agreed that certain signatory Parties may have heretofore contracted or hereafter contract with each other for Regional Mutual Aid in Emergencies or the provision of other government services and functions, and it is agreed that this Agreement shall be subordinate to any such individual agreement. 18. OTHER REGIONAL MUTUAL AID AGREEMENTS To assist each other in the process of Regional Mutual Aid response planning, each Party shall inform the Administrative Agency of all Regional Mutual Aid Agreements, memorandums of agreement or understanding, or contracts that each Party has with other municipalities, entities, counties, and state or federal agencies and furnish copies of said Regional Mutual Aid Agreements, memorandums of agreement or understanding, or contracts to the Administrative Agency, preferably in electronic format, if and when feasible and/or permissible. 19. RATIFICATION Page 10 of 13 Each Party hereby ratifies the rendering and/or receiving of Regional Mutual Aid taken prior to the date of this Agreement. 20. INTERLOCAL COOPERATION ACT The Parties agree that Regional Mutual Aid in the context contemplated herein is a “governmental function and service” and that the Parties are “local governments” as those terms are defined in the Interlocal Cooperation Act Chapter 791, Texas Government Code.. 21. CONFIDENTIALITY The Parties recognize that the provision of Regional Mutual Aid under this Agreement may result in the transfer of confidential medical information between them. The Parties shall guard the confidentiality of such information as required by the federal Health Insurance Portability and Accountability Act of 1996 (HIPAA), the Texas Medical Practice Act, and other state privacy laws pertaining to the confidentiality of medical records. 22. SEVERABILITY If a provision contained in this Agreement is held invalid for any reason, the invalidity does not affect other provisions of this Agreement that can be given effect without the invalid provision, and to this end the provisions of this Agreement are severable. 23. VALIDITY AND ENFORCEABILITY If any current or future legal limitations affect the validity or enforceability of a provision of this Agreement, then the legal limitations are made a part of this Agreement and shall operate to amend this Agreement to the minimum extent necessary to bring this Agreement into conformity with the requirements of the limitations, and so modified, this Agreement shall continue in full force and effect. 24. AMENDMENT The Parties agree that this Agreement may be reviewed by the REPAC as required by applicable law. The Parties further agree that the Agreement may be amended by the REPAC. At least sixty calendar days (60 days) before any REPAC meeting at which an amendment or amendments to this Agreement will be considered and voted upon, the Administrative Agency shall send out notice to each Party to this Agreement informing them of the proposed amendment(s). This notice shall include the language of the amendment(s), and a list of current REPAC members and officers and the jurisdictions they represent. Each Party may direct any comments or concerns about said amendment(s) to their respective REPAC representative(s) prior to said meeting. Upon approval of said amendment(s) by the REPAC, the amendment(s) become(s) part of the Agreement and the Administrative Agency shall forward an amended copy of the Agreement to the Point(s) of Contact of the Parties to the Agreement. 25. TERMINATION The governing body of a Party which is a signatory hereto, shall, by order, ordinance, or resolution, give notice of termination of participation in this Agreement and submit a Page 11 of 13 certified copy of such order, ordinance, or resolution to the Administrative Agency. Such termination shall become effective not earlier than 30 days after the filing of such notice. The termination by one or more of the Parties of its participation in this Agreement shall not affect the operation of this Agreement as between the other Parties hereto. Upon receipt of said notice to terminate participation in the Agreement, the Administrative Agency shall notify the remaining Parties to the Agreement in writing within ten days. 26. THIRD PARTIES This Agreement is intended to inure only to the benefit of the Parties hereto. This Agreement is not intended to create, nor shall be deemed or construed to create, any rights in third parties. 27. NOTICES Any notice required or permitted between the Parties must be in writing, addressed to the attention of each respective Point of Contact, and shall be delivered in person, or mailed certified mail, return receipt requested, or may be transmitted by facsimile transmission. 28. WARRANTY The Agreement has been officially authorized by the governing or controlling body of each Party hereto by order, ordinance or resolution and each signatory to this Agreement guarantees and warrants and guarantees that the signatory has full authority to execute this Agreement and to legally bind the respective Party to this Agreement. 29. IMMUNITY RETAINED The Parties to this Agreement do not waive or relinquish any immunity or defense on behalf of itself, officers, employers, agents, and volunteers as a result of its execution of this Agreement and the performance of the covenants contained herein. 30. GOVERNING LAW AND VENUE The laws of the State of Texas shall govern this Agreement. In the event of an Emergency physically occurring within the geographical limits of only one county that is a Party hereto, venue shall lie in the county in which the Emergency occurred. In the event of an Emergency physically occurring in more than one county that is a Party hereto, venue shall be determined in accordance with the Texas Rules of Civil Procedure. 31. PARTY ELIGIBILITY Any local government as that term is defined in Chapter 418 of the Texas Government Code may be a Party to this Agreement, provided that no Party is an agency, department or entity of the same town, county or State government. 32. FORMS The Administrative Agency may prepare and provide forms designated for the purposes of this Agreement to be used by the Parties. Page 12 of 13 33. HEADINGS The headings at the beginning of the various provisions of this Agreement have been included only to more quickly locate the subject covered by each provision and are not to be used in construing this Agreement. **The Rest of this Page is Intentionally Left Blank** Page 13 of 13 REGIONAL MUTUAL AID AUTHORIZING RESOLUTION EXECUTED by the Parties hereto, each respective entity acting by and through its duly authorized official 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. , County, Texas: NAME: Date Signature: [Judge or Mayor] of [County/City] Attest: Received by: NAME: Diane Rath Executive Director Date Alamo Area Council of Governments Signature: Please Complete Contact Information Primary: Contact Name: Office Number: 24 Hour Contact No. E-mail address: Alternate: Contact Name: Office Number: 24 Hour Contact No. E-mail address: Agenda No. 4 CITY COUNCIL MEMORANDUM City Council Meeting: June 9, 2015 Department: Parks Subject: Resolution No. 15-R-44– A Resolution by the City Council of the City of Schertz, Texas authorizing a contract with Austex Tree Service, Inc. for tree pruning services BACKGROUND The City desires to procure tree pruning services as part of routine park maintenance. The Parks Department has identified three (3) City parks that require pruning services; Oak Forest Park, Woodland Oaks Park, and Cut-Off Park. Scope of work will include tree trimming, maintenance, and repair. This project is vital to maintain safe, quality parks in Schertz. The project was publicly bid using a Request for Proposals (RFP). This method allows the City to choose a contractor not only based on cost, but on qualifications and experience as well. Two (2) bids were received for this project. Parks has chosen to recommend Austex Tree Services, Inc. for this project. Austex did have the higher cost bid; but Austex was determined to be the best value selection based on the rest of the criteria including experience, qualifications, reputation, capability, past performance, experience with other entities, experience with similar projects, available resources, and corporate history and stability. After the bid opening, Parks requested additional information from both contractors to assist with the final recommendation. Based on the information provided by the Contractors, City staff is confident with their recommendation to award the contract to Austex. In order to ensure excellence in park services, we want to choose the better qualified company over the less expensive company. Austex’s bid was in line with the cost of service estimated by the Parks Department. Goal Approve Resolution 15-R-44 for Tree Pruning Services. Community Benefit Class II (standard) pruning of all of the trees at each park location will serve several beneficial purposes. These benefits include improving tree health, vitality, and longevity, improving tree structural integrity and form, improving aesthetics, and reducing safety hazards and risks by removing dead, dying, diseased, decayed, and broken limbs 1” caliper and larger within the upper canopy. Summary of Recommended Action Staff recommends Council approve hiring Austex Tree Services, Inc. for a contract amount of $55,600 for Tree Pruning Services. FISCAL IMPACT The fiscal impact of the project will not exceed $55,600. The project will be paid for from the Tree Mitigation Fund, budget code 302-551110. RECOMMENDATION Staff recommends Council approval of Resolution 15-R-44. ATTACHMENTS Resolution 15-R-44 Exhibit A: Service Agreement RESOLUTION NO. 15-R-44 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING A CONTRACT WITH AUSTEX TREE SERVICES, INC. FOR TREE PRUNING SERVICES AND OTHER MATTERS IN CONNECTION THEREWITH WHEREAS, The City staff of the City of Schertz (the “City”) has recommended that the City accept the bid proposal from Austex Tree Services, Inc. for tree pruning services; and WHEREAS, City staff has received qualifications indicating that Austex Tree Services Inc. is qualified to provide such services for the City; and WHEREAS, the City Council has determined that it is in the best interest of the City to contract with Austex Tree Services, Inc. pursuant to the recommendation made by Parks Staff. 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 contract with Austex Tree Services Inc. for tree pruning services. Section 2. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Resolution for all purposes and are adopted as a part of the judgment and findings of the City Council. Section 3. All resolutions, or parts thereof, which are in conflict or inconsistent with any provision of this Resolution are hereby repealed to the extent of such conflict, and the provisions of this Resolution shall be and remain controlling as to the matters resolved herein. Section 4. This Resolution shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 5. If any provision of this Resolution or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Resolution and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City Council hereby declares that this Resolution would have been enacted without such invalid provision. Section 6. It is officially found, determined, and declared that the meeting at which this Resolution is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Resolution, was given, all as required by Chapter 551, Texas Government Code, as amended. Section 7. This Resolution shall be in force and effect from and after its final passage, and it is so resolved. PASSED AND ADOPTED, this 9th day of June, 2015 CITY OF SCHERTZ, TEXAS Michael R Carpenter, Mayor ATTEST: Brenda Dennis, City Secretary (CITY SEAL) - 2 - Agenda No. 5 CITY COUNCIL MEMORANDUM City Council Meeting: June 9, 2015 Department: Police Subject: Ordinance No. 15-D-16 BACKGROUND Goal To establish a regulation on the use of hand-held mobile communication devices and portable electronic devices while operating a motor vehicle upon the streets and highways of the City with certain defenses. Community Benefit The use of hand-held communication devises while operating a motor vehicle has proven to be hazardous to drivers upon the roadways of this State. By prohibiting the use of these devices while operating a motor vehicle, with certain defenses, would further and protect the public health, safety and welfare of the City. Summary of Recommended Action The proposed ordinance was submitted to City Council on March 24th and returned in workshops on April 7th and May 19th. The proposed ordinance was presented to the Transportation Safety Advisory Commission (TSAC) for their review, during their regular meeting February 5th. It was again presented during their regular meeting March 5th for discussion. TSAC approved the ordinance as written and requested that it be presented to City Council with their recommendation for approval. FISCAL IMPACT The fiscal impact would be in the creation and placement of signs notifying motorists of the passage of this section. It is believed that ten (10) signs should provide appropriate notice. At approximately $157 per sign, ten (10) signs would be under $1600. RECOMMENDATION The recommendation is to approve Ordinance No. 15-D-16. ATTACHMENT(S) Ordinance 15-D-16 ORDINANCE NO. 15-D-16 AN ORDINANCE PROHIBITING THE USE OF HAND-HELD MOBILE COMMUNICATION DEVICES AND PORTABLE ELECTRONIC DEVICES WHILE OPERATING A MOTOR VEHICLE BY ADDING ARTICLE X TO CHAPTER 86 OF THE CITY CODE OF ORDINANCES OF THE CITY OF SCHERTZ, TEXAS, PROVIDING FOR A FINE OF UP TO $200.00 PER VIOLATION, PROVIDING AN EFFECTIVE DATE, AND OTHER MATTERS IN CONNECTION THEREWITH WHEREAS, the City Council of the City of Schertz, Texas (the “City”) finds that the use of hand-held mobile communication devices and portable electronic devices to (1) engage in a call, (2) send, read, or write a text message, (3) view pictures or written text, whether transmitted by internet or other electronic means, (4) engage in gaming, or (5) engaging in any other use of the device while operating a motor vehicle is a traffic hazard and a danger to the public, which creates a particular danger or probability of danger in the City; and WHEREAS, the City Council believes that prohibiting the use of hand-held mobile communication devices and portable electronic devices to engage in any use of a mobile communication device while driving, with certain defenses, would further and protect the public health, safety, and welfare of the City. NOW THEREFORE: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS: SECTION 1. Chapter 86, “Traffic and Motor Vehicles” of the Code of Ordinances, City of Schertz, Texas, is hereby amended by adding a new section and article, to be numbered Sec. 86-256, Article X, which said section and article to read as follows: Sec. 86-256 REGULATING THE USE OF HAND-HELD MOBILE COMMUNICATION DEVICES AND PORTABLE ELECTRONIC DEVICES WHILE DRIVING (a) In this section: (1) ENGAGING IN A CALL means talking to, dialing, or listening on a hand-held mobile communication device, but does not include holding a mobile communication device to activate or deactivate the device. (2) HAND-HELD MOBILE COMMUNICATION DEVICE means a text- messaging device or other electronic, two-way communication device that uses a commercial mobile service, as defined by 47 U.S.C.§ 332, that is designed to receive and transmit voice communication, text message or pictorial communication, or both, whether by internet or other electronic means. The term includes a mobile telephone and a personal digital assistant (PDA). (3) HANDS-FREE MOBILE TELEPHONE means a mobile telephone that has an internal feature or function or that is equipped with an attachment or addition, whether or not permanently part of the mobile telephone, by which a user engages in a call without the use of either hand (or prosthetic device or aid in the case of a physically disabled person) whether or not the use of either hand (or prosthetic device) is necessary to activate or deactivate the mobile telephone. (4) PARK OR PARKED shall mean for the operator to completely cease movement of a motor vehicle in a lawful manner and location. For purposes of this Section, “Parked” does not include or mean a vehicle stopped in a lane of traffic due to either a lawful traffic control device, or the conditions on the roadway, or traffic congestion patterns then existing. (5) PORTABLE ELECTRONIC DEVICE shall mean an MP3 or other hand-held music player, electronic reading device, laptop computer, pager, global positioning system or navigation system, electronic game device, or portable computing device. (6) TEXT MESSAGE means a two-way communication (whether real-time or asynchronous) in which data (composed in whole or in part of text, numbers, images, or symbols) is sent, entered, or received by a method other than by voice and transmitted through either a short message service (SMS) or a computer network. The term does not include a communication transmitted through a global positioning or navigation system. (b) A person commits an offense if the person uses a hand-held mobile communication device and/or a portable electronic device to 1) engage in a call, 2) send, read, or write a text message, 3) view pictures or written text whether transmitted by internet or other electronic means, 4) engage in gaming, or 5) engage in any other use of the device while operating a motor vehicle. (c) This section does not apply to an operator of a motor vehicle using a hand-held mobile communications device and/or portable electronic device: (1) while the vehicle is legally parked or is being driven on private property; (2) that is affixed to the vehicle and used as a global positioning or navigation system; 2 (3) that is used with a hands-free mobile communication telephone or other such device to engage in telephone communications or to listen to audio transmissions; (4) while operating an authorized emergency vehicle in an official capacity; or (5) who is licensed by the Federal Communications Commission while operating a radio frequency device other than a hand-held mobile communication device. (d) It shall be an affirmative defense to prosecution under this section that the person was using a hand-held mobile communication device or portable electronic device for the purpose of: (1) reporting illegal activity to a law enforcement agency; (2) communicating with an emergency response operator, a fire department, a law enforcement agency, a hospital, a physician’s office, or a health clinic regarding a medical or other emergency situation; or (3) preventing injury to a person or property. (e) A person convicted of an offense under this section shall be punished by a fine of not more than $200.00 per violation. (f) An offense under this section is not a moving violation and may not be made a part of a person’s driving record or insurance record. (g) To the extent this section conflicts with Texas Transportation Code Section 545.424, regarding the use of wireless communication devices while operating a motor vehicle by minors, Texas Transportation Code Section 545.425, regarding the use of wireless communication devices in school crossing zones, or Texas Transportation Code Section 545.4252, regarding the use of wireless communication devices on school property, this section does not apply. SECTION 2. Chapter 86 of the Code of Ordinances, City of Schertz, Texas, as amended, will remain in full force and effect, except as amended by this Ordinance. SECTION 3. The City Council hereby authorizes the City Manager or his designee to have signs posted in designated areas in the City in accordance with Texas Transportation Code Section 545.425, as amended, that prohibit the use of wireless communication devices while operating a motor vehicle in the City. 3 SECTION 4. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Ordinance for all purposes and are adopted as a part of the judgment and findings of the City Council. SECTION 5. All ordinances, or parts thereof, which are in conflict or inconsistent with any provisions 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 6. This Ordinance shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. SECTION 7. If any provision of this Ordinance or the application thereof to any person or circumstance shall be held invalid, the remainder of this Ordinance and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City Council hereby declares that this Ordinance would have been enacted without such invalid provision. SECTION 8. It is officially found, determined, and declared that the meeting at which this Ordinance is adopted was open to the public and that 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, Texas Government Code, as amended. SECTION 9. This Ordinance shall be effective upon the date of final adoption hereof and any publication required by law. [The remainder of this page was intentionally left blank.] 4 PASSED and APPROVED on first reading this the 9th day of June, 2015. PASSED, APPROVED and ADOPTED on second reading this the ___ day of _________, 2015. APPROVED: ______________________________ Michael R. Carpenter, Mayor ATTEST: ______________________________ City Secretary (Seal of the City) APPROVED AS TO FORM: ______________________________ City Attorney 5