06-23-2015 Agenda with backupCity Council Agenda
REGULAR SESSION CITY COUNCIL
JUNE 23, 2015, 6:00 P.M.
HAL BALDWIN MUNICIPAL COMPLEX COUNCIL CHAMBERS
1400 SCHERTZ PARKWAY BUILDING #4
SCHERTZ, TEXAS 78154
Call to Order — City Council Regular Session
Invocation and Pledges of Aliejiance to the Flags of the United States and State of
Texas. (Pastor Andy Hostetler, Discovery Church - Cibolo)
City Events and Announcements
• Announcements of upcoming City Events ( /B. James /D. Wait /B. Cantu)
• Announcements and recognitions by City Manager (J. Kessel)
Hearing of Residents
This time is set aside for any person who wishes to address the City Council. Each person
should fill out the speaker's register prior to the meeting. Presentations should be limited to
no more than 3 minutes.
All remarks shall be addressed to the Council as a body, and not to any individual member
thereof. Any person making personal, impertinent, or slanderous remarks while
addressing the Council may be requested to leave the meeting.
Discussion by the Council of any item not on the agenda shall be limited to statements of
specific factual information given in response to any inquiry, a recitation of existing policy in
response to an inquiry, and /or a proposal to place the item on a future agenda. The presiding
officer, during the Hearing of Residents portion of the agenda, will call on those persons who
have signed up to speak in the order they have registered.
06 -23 -2015 Council Agenda
Workshop
• Presentation and discussion regarding Street Project Priorities. (D. Wait /S.
Willoughby)
Consent Agenda Items
The Consent Agenda is considered self - explanatory and will be enacted by the Council with
one motion. There will be no separate discussion of these items unless they are removed
from the Consent Agenda upon the request of the Mayor or a Councilmember.
1. Minutes - Consideration and /or action regarding the approval of the minutes of the
Regular Meeting of June 16, 2015. (J. Kessel/B. Dennis)
2. Resolution No. 15 -R -47 — Consideration and/or action approving a Resolution
Authorizing the Schertz /Seguin Local Government Corporation (SSLGC) Budget
Amendment for Fiscal Year 2014/15 for the Cathodic Protection Project. (D. Wait /J.
Bierschwale /S. Willoughby /A. Cockerell)
3. Resolution No. 15 -R -49 — Consideration and/or action approving a Resolution
supporting the Cibolo Valley Local Government Corporation project in Wilson
County and its inclusion in the Texas Water Development Board's South Central
Texas (Region L) Regional Water Planning Area's Regional Water Plan. Q.
Bierschwale /J. Bierschwale)
4. Cancellation of June 30, 2015 City Council Meeting — Consideration and /or action
cancelling the June 30, 2015 City Council meeting due to lack of agenda items. (B.
Dennis /Council)
Discussion and Action Items
5. Resolution No. 1.5 -R -45 — Consideration and/or action approving a Resolution
authorizing purchases totaling no more than $75,000 with JRS Business Solutions for
Dale Carnegie Training Classes for City Employees During the FY 2014/15 Fiscal
Year and other matters in connection therewith. (B. James /B. James)
6. Ordinance No. 15 -F -17 — Consideration and /or action approving an Ordinance and
adopting new regulations regarding the collection and disposition of Solid Waste and
Recyclable Material in the City. First Reading (D. Wait /J. Bierschwale /J. Hooks /D.
Letbetter)
7. Ordinance No. 15 -F -18 — Consideration and/or action approving an Ordinance
Granting Cibolo Waste Incorporated, DBA Bexar Waste Inc., a Franchise for
Municipal Solid Waste Collection, Recycling, and Household Hazardous Waste
Collection and Disposal Program. First Reading (D. Wait /J. Bierschwale /J. Hooks /D.
Letbetter)
06 -23 -2015 City Council Agenda Page - 2 -
8. Ordinance No. 15 -T -19 — Consideration and/or action approving an Ordinance
authorizing a Budget Adjustment to Tree Mitigation Fund 319 to procure Landscape
Installation and Maintenance Services for the Schertz Soccer Complex located at
2600 Maske Road. First Reading (B. James /C. VanZandt)
9. Resolution No. 15 -R -50 — Consideration and/or action approving a Resolution
accepting the nomination from Gilbert Brown, Commander of the Combat Wounded
Veterans of Texas, Military Order of the Purple Heart Department of Texas,
designating the City of Schertz as a "Purple Heart City." (Mayor /Council)
10. Resolution No. 15 -R -51 — Discussion and consideration and/or action approving a
Resolution adopting Philosophy and Policy Statements. (Mayor /Council)
Roll Call Vote Confirmation
Requests and Announcements
11. Announcements by City Manager
• Citizen Kudos
• Recognition of City employee actions
• New Departmental initiatives
12. Requests by Mayor and Councilmembers that items be placed on a future City
Council agenda.
13. 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
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 19th DAY OF JUNE 2015 AT 5:00
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.
-F,revOR l�,evuv,is
06 -23 -2015 City Council Agenda Page - 3 -
Brenda, Dennis City Secretar
I CERTIFY THAT THE ATTACHED NOTICE AND AGENDA OF ITEMS TO BE
CONSIDERED BY THE CITY COUNCIL WAS REMOVED BY ME FROM THE
OFFICIAL BULLETIN BOARD ON DAY OF 2015.
Title:
This facility is accessible in accordance with the Americans with Disabilities Act. Handicapped
parking spaces are available. If ' you require special assistance or have a request for sign
interpretative services or other services please call 210 -619 -1030.
The City Council for the City of Schertz reserves the right to adjourn into executive session at
any time during the course of this meeting to discuss any of the matters listed above, as
authorized by the Texas Open Meetings Act.
Executive Sessions Authorized: This agenda has been reviewed and approved by the City's
legal counsel and the presence of any subject in any Executive Session portion of the agenda
constitutes a written interpretation of Texas Government Code Chapter 551 by legal counsel
for the governmental body and constitutes an opinion by the attorney that the items discussed
therein may be Legally discussed in the closed portion of the meeting considering available
opinions of a court of record and opinions of the Texas Attorney General known to the
attorney. This provision has been added to this agenda with the intent to meet all elements
necessary to satisfy Texas Government Code Chapter 551.144(c) and the meeting is conducted
by all participants in reliance on this opinion.
COUNCIL COMMITTEE AND LIAISON ASSIGNMENTS
Mayor Carpenter
Mayor Pro -Tem Edwards — Place 4
Audit Committee
Audit Committee
Interview Committee for Boards and Commissions
Hal Baldwin Scholarship Committee
Investment Advisory Committee
Interview Committee for Boards and Commissions
TIRZ II Board
Cibolo Valley Local Government Corporation
Councilmember Fowler — Place 1
Councilmember Azzoz — Place 2
Interview Committee for Boards and Commissions
Animal Control Advisory Committee
Schertz Housing Board Liaison
Sweetheart Advisory Committee
Randolph Joint Land Use Study (JLUS) Executive
Committee
Schertz Seguin Local Government Corporation
Councilmember John — Place 3
Councilmember Thompson Place 5
Lone Star Rail District
Audit Committee
06 -23 -2015 City Council Agenda Page - 4 -
Agenda No. 1
CITY COUNCIL MEMORANDUM
City Council Meeting: June 23, 2015 .
Department:
Subject:
City Secretary
Minutes
The City Council held a Regular meeting on June 16, 2015.
WLTG • �On
None
RECOMMENDATION
Staff recommends Council approve the minutes of the Regular meeting of June 16, 2015.
Minutes — Regular meeting June 16, 2015.
MINUTES
REGULAR MEETING
June 16, 2015
A Regular Meeting was held by the Schertz City Council of the City of Schertz, Texas, on June
16, 2015, at 6:00 p.m., in the Hal Baldwin Municipal Complex Council Chambers, 1400 Schertz
Parkway, Building #4, Schertz, Texas. The following members present to -wit:
Mayor Michael Carpenter
Councilmember Jim Fowler
Councilmember Daryl John
Staff Present:
Executive Director Brian James
Executive Director Bob Cantu
City Secretary Brenda Dennis
Call to Order
Mayor Pro -Tem Edwards
Councilmember Grum-ov Azzoz
City M,
Executi
Mayor Carpenter called the meeting to order at 6:01 p.m.
Texas (Councilmember Azzoz)
Councilmember Azzoz provided the invoc
Flags of the United States ,and. the ,State of T
Wait
Pledges of Allegiance to the
Mayor Carpenter recognized Boy - 'Scout Chad Stein who was in the audience this evening and
recognized him as he was working on his Citizenship in the Community merit badge. Chad
stood to be recognized.
Mayor Carpenter also recognized Mayor Pro -Tem Kevin Hadas, City of Selma who was in the
audience this evening.
• Announcements of upcoming City Events (B. James /D. Wait/B. Cantu)
Mayor Carpenter` recognized Executive Director Dudley Wait who provided the
following announcements:
• Wednesday, June 17th, Presentation from McDonald's Restaurant to our Police
Department 9:00 a.m., at the IH 35 and FM 3009 location. McDonalds will present
the Police Department with a donation in response to a Police Appreciation Day that
was held in May.
• Wednesday, June 17, Dog Park Ribbon Cutting, 6:00 p.m., come rain or shine.
• Friday, June 1.9, Council Retreat Meeting, 8:30 a.m. GVEC meeting Room, 6400 IH
10 West, Seguin, Texas.
6 -16 -2015 Minutes Page - 1 -
• Monday, June 29, Abel's Diner Ribbon Cutting, 8:00 a.m., 17327 IH 35 N.
SAVE THE DATE:
• Friday & Saturday, July P & 4th 40th Anniversary Celebration of 4th of July Jubilee —
Pickrell Park.
• Monday, July 20th, Operation Comfort Fund Raiser, 11:00 a.m. to 3:00 p.m.,
Sponsored by Grumpy's Cafe, 18817 FM 2252, proceeds will benefit local charity.
• Announcements and recognitions by City Manager (J. Kessel)
Mayor Carpenter recognized City Manager John Kessel who read a letter from City
Manager Robert Herrera, City of Cibolo congratulating W Bierschwale on his recent
retirement.
Workshop
• Presentation and discussion of the Overview and
Employee Engagement Survey — Dr.` ' Noi~1 Lai
Excellence — University of Texas of Austin.
Mayor Carpenter recognized Dr. Noel Landuyt who
regarding the results of the Employee )Engagement S
listed addressing questions from Council.
Survey Overview:
is from the City, of Schertz
Institute for Organizational
a PowerPoint presentation
h the following highlights
Survey Construct Framework
Work Group: Supervision, Team, Quality
Accommodations: Pay, benefits, physical environment
Organization: Strategic, diversity
Information: Information system, Internal Communication and External Communication
Personal: Employee Engagement, Employee Development, Job Satisfaction
6 -16 -2015 Minutes Page - 2 -
Construct Scores
Supervision: 363
Team: 364
Quality: 355
Pay: 201
Benefits: 340
Physical Environment: 352
Strategic: 380
Diversity: 330
Information Systems: 331
Internal Communication: 305
External Communication: 361
Employee Engagement: 369
Employee Development: 379
Job Satisfaction: 353
Low Scoring Constructs
24: My pay keeps pace with the cost of living. 1.92 1.10
25: Salaries are competitive with similar jobs in the community. 1.95 1.06
26: 1 feel I am paid fairly for the work I do. 2-17 1.20
50:
An elfort is made to get the opinions of people throughout the organization.
3.17
1.17
51:
The people I work with treat each other with respect.
3.63
0.92
52:
My organization works to attract, develop, and retain people with diverse backgrounds.
128
1.13
53:
Every employee is valued-
3.13
1.19
32-.
1 feel the communication channels I must go through at work are reasonable.
3.20
1.17
33:
My work atmosphere encourages open and honest communication.
3.22
1.13
34:
Overall within the groups I work, there is good communication,
3.07
1.06
A 35:
The right information gets to the right people at the right time.
2.71
1.05
High Scoring Constructs
54:
1 believe I have a career with this organization.
55:
1 have access to information about job opportunities, conferences, workshops, and training.
3.77
D..
56:
Training is made available to me so that I can do my job better.
3.87
0..
1
57:
Trahng is made available to me for personal growth and development.
3.62
0
6-16-2015 Minutes Page - 3 -
16: 1 have a good understanding of our mission, vision, and strategic plan.
17- 1 understand the state, local, national, and global issues that impact the organization.
18: My organization works well with other organizations.
19: My organization developsservices to match the needs of our customers/ctients.
Survey Climate Framework
Atmosphere
Ethics
Management
Climate Areas
Fairness
Feedback
Climate — Scores Range (100 (low) — 500 (high)
iT Harassment is not tolerated at my workplace.
68: Within my workplace, there is a feeling of community among employeel
i5: I am confident that any ethics violation I report will be property handled.
16: Employees are generally ethical in my workplace.
K: In my workplace, I believe people generally are treated fairly (i-e- without favoritism)
i4: My performance is evaluated fairly.
MRS
SO: I believe we will use the information from this survey to improve our performance. 3.17 1.16
V: I am satisfied with the opportunities I have to give feedback • my supervisor's performance. 3.05 1 17
Survey Cycle/Next Steps
Participation
Intervention
Preparation
Interpretation
Administration
Dr. Noel Landuyt addressed questions from Council. Dr. Landuyt stated a breakdown of
all this information is in the City wide report. He stated now that we have this
6-16-2015 Minutes Page - 4 -
information what are the next steps. Employees want to know for instance how is the
City handling the pay issues, what is the City doing to address this. Also that job
descriptions are being looked at and that the employees know this information and also
what the City is doing based on the results of the survey. Continued communication is
key to the employees and any low results should be looked at and communicated back to
the employees of how these areas will be addressed.
Mayor and Council thanked Dr. Landuyt for the update. Mayor Carpenter stated that it is
very valuable for us to set a foundation, a starting point. Find out where we are to
validate where we are with empirical data. It is useful to go around and talked to
everyone, but when you are in a conversation one -on -one or ii a group there are certain
pressures that exist that do not exist when you feel like you can say in anonymous way.
This information is very valuable and hopeful as we continue to do this over the years
that you guys will continue to participate with us. telp us understand the date we are
receiving and how it looks against the rest of the public sector world against the private
sector world. He believes the more empirical information we have to Work with the more
information we have the stronger position will be to take actions that ar`,,meaningful in
the organization. Great work and thank you' for bringing the information to us and he
looks forward to the follow -ups and exercises moving forward. Mayor Carpenter stated
that one of the things Dr. Landuyt said when he' got' up was in the areas that we are
strong, we need to celebrate those areas. It's important and he knows that the leadership
teams know this, there are things in the report that he can tell you now, that there are
companies in the private sector that woculd be thrilled to have, the scores anywhere near
what we have, and we are here doing it in the public sector.
• Presentation, discusion,and possible action regarding the Bond Committee's submission
of Bond Proposals to be placed on the November 3, 2015 ballot. (Michael Dahle, Chair
Bond Committee),
Mayor Carpenter reccgnied Chair of time Bond Committee Michael Dahle who provided
a Power Point Presentation on the findings of the Bond Committee with the following
highlights listed s ',well as answered questions from Council:
➢ Michael Dahle, Chair (Planning & Zoning Commission)
➢ Richard Dziewit — Vice Chair (Transportation. Safety Advisory Commission)
➢ Fae Simons'— Vice Chair (Parks & Recreation Committee)
➢ Time Brown — (Economic Development Corporation)
➢ Frank McElroy — (Board of Adjustment)
➢ Howson Lau — (Library Board)
➢ Barbara Hall — (Historical Preservation Committee)
➢ Ed Finley — (SCUCISD Board)
➢ Maggie Titterington — (Schertz Chamber President)
Possible Ballot Considerations:
1 Public Safety Facility
6 -16 -2015 Minutes Page - 5 -
8.0 Million
1 FM 1103/FM1518 7.0 Million
/ Acquisition of Future Park and Recreation Area(s) 1.0 Million
/ Total 16.0 Million
Meetings:
/ Held Three Public Meetings to Seek Feedback on Proposed Ballot Items.
th
1 May 20 at Corbett Jr High
st
/ May 21 at Sippel Elementary
th
1 May 28 at Schertz United Methodist Church
/ Distributed Survey at Various Community Places;
Commerce etc.
Survey Results:
• 54 Surveys Completed and Returned
• Public Safety Facility Consideration:
• 46 Supported (85 %), 7 Opposed(13 %), j Igo
• FM 1103 and FM 1518 Consideration:
• 50 Supported(93 %), 3 OppQsed(5 %), 1 No R
• Future Parkland Consideral bui
• 41 Supported(76 %), 12 Opposed( °a), 1 No
Comments from survey:
• We received"2 :Comments That
• "No sup 6 until
• "I'd prefer t6t,see i
new Iand that will: be sub -,oar lily
• "Senior Center needy more spac
er of
518 is Contingent on Getting
1 is "completed per previous bond"
to what we already have and not the purchase of
e some of the land we have now."
e and more parking too."
Does anyone,ee the need for a north to south (unbroken) artery between IH35 &
IH 10? It would seem that the projected growth of S. Schertz and the already
congested traffic on FM 3009 & FM 78 would suggest that now might be the time
to', prepare fob ' solving what will likely be a significant traffic issue later. The
Central ,City intersection of FM 1518 & FM 78 is already a "choke point" for
travelers heading to the south or north of town. The traffic problems at that
junction, are only going to get worse. Maybe now is the time to take a more "bold"
planning step and consider a north -south corridor highway improvement that will
meet 21st century commuter needs. I realize there would be need for a much
larger bond expenditure but the consequence may prove most rewarding for the
citizens of Schertz. A "fly over" from the existing FM 1518 highway (north of FM
78) to that same highway (south of FM 78) would seem to be an answer to the
above discussed traffic issue.
• "This Growing up City Needs it"
6 -16 -2015 Minutes Page - 6 -
0 "We Need It"
• "This is a good thing, but it will make the taxes go up, but it is a Very Good
Thing"
• "I Love to Live in Schertz"
Recommendations:
Consideration 1—
Public Safety Facility, 8 Million
Consideration 2
— FM 1103 and FM 1518 Improven
Consideration 3
— Future Parkland Acquisition, l
Mr. Dahle stated that the Bond Committee reco
considerations for a total bond package of $16
Committee discussed the need for 4Million in �;
issue Certificates of Obligation.
Mr. Dahle also stated that he and members oUl
meet and greets at the HEB in Schertz providing
speaking to the citizens on the bond proposals.
'ouncil consider the above three
Mr. Dahle 'stated that the Bond
ovements which the City could
ittee will be doing a series of
to the citizens and will also be
lirecior of Public Works Sam Willoughby who provided a
the following highlights listed answering questions from
Original Street Bond Project Summary:
City Council was presented with a list of recommended infrastructure projects during a
strategic Planning session in January of 2006. Requested $41 Million
Schertz Parkway Reconstruction
Dimrock Street Resurface
Deer Haven Streets Reconstruction with Turn Lanes on FM 3009
Main Street Reconstruction
6 -16 -2015 Minutes Page - 7 -
Green Valley Road Upgrade
Rural Roads South of FM 78 & North of IH 35 N Rest Stop Phase 1
Wiederstein Road Extension
2006 Street Bond Voter Proposition No. 3
"Shall the City Council of the City of Schertz, Texas be authorized to issue and sell
general obligation bonds of the City in the principal amount - of, $20,000,000 for the
purpose of making permanent public improvements, or for other public purposes, to wit:
constructing street, curb, and sidewalk improvements, including utility relocation) and
drainage incidental thereto and the purchase of land relating,, thereto; such bonds to
mature serially or otherwise not more than forty,(40) years from their date; and any issue
or series of said bonds to bear interest at such rate or rates (fixed, 'floating, variable or
otherwise) as may be determined within the ',discretion of the City Coufieil;,provided that
such rate of interest shall not exceed theF maxim um rate per annum authorized by law at
the time of the issuance of any issue or series of said bonds; and shall the City Council of
the City be authorized to levy and pledge, and cause to,' be assessed and collected, annual
ad valorem taxes, within the limitations prescribed by,law, on all taxable property in said
City sufficient to pay the annual interest and provide a sinking fund to pay the bonds at
maturity
ILI
Wiedefsk4n RoafF+;xtenmon-
6-16-2015 Minutes Page - 8 -
Pavement Inventory and Pavement
Laura Heights Streets Reconstruction
2005 City Limits (square miles) = 28.3 — population 25,000, 109.8 Streets (linear miles)
2015 City Limits (square miles) = 32.1— population 37,500, 158.7 Streets (linear miles)
Moving Forward:
• Better documentation of projects, finances, project selection 'and scope of work.
• Appropriate timeline that staggers projects to mate: capacity.
• Increased staff capacity.
• Integration of overall process into 5, 10 and 30 year financial plans.
• Improved overall transparency and commutticaiion.
• Refined project scopes and cost estimation process.
• Process to develop project priorities informed by data and driven by input of
Council, Staff and Community.
Mayor Carpenter stated that he requested that this be placed on the agenda for
consideration. He stated that there were a couple of residents here in the City who are
members of the Military Purple Heart of Texas who went to their leadership and asked if
an invitation to the City of Schertz to become a Purple Heart City would be appropriate
and that organization deemed it such and so we received a letter from Mr. Gilbert Brown,
State Commander of the Military Order of the Purple Heart of Texas inviting us to do so.
Mayor asked Council for any thoughts, comments, and question that he personally would
like to push forward. Mayor Carpenter recognized Mayor Pro -Tem Edwards who stated
6 -16 -2015 Minutes Page - 9 -
that that we should do this immediately and has no objections. Mayor Pro -Tern Edwards
asked if he was asking for action tonight. Mayor Carpenter stated that there is not a
resolution on this evenings agenda he was asking if the Council had any objections to
moving forward, as there were no objections, Mayor Carpenter stated that he would get a
resolution before Council and then his plan is to get back to Commander Brown and let
him know that we will read the actual proclamation that makes it official in their process
on July 4, 2015, Schertz Jubilee. This group will be bringing a wall that will be on
display — Texas Veterans Wall, that will be on display and perhaps reading the
proclamation at that time and at that place will be ideal. Mayor Carpenter stated that he
will work with the City Secretary to get this brought back before Council.
Hearing of Residents
Mayor Carpenter recognized the following individuals who
• Mrs. Maggie Titterington, Chamber President ;' mho provided updates regarding the Ioth
annual meeting today as well as provided inf6imation on upcoming events.
• Mr. Robert Brockman, 1000 Elbel who 4addresed the Council regarding: status of the
Recreation Windows, Mr. Kessel provided factual information stating that the windows
do need to be replaced. Estimates were originally to , to what our bid came in at. As a
standalone project they are too large to get the small window manufacturers to bid on it
and too small for the larger companies: We are going to go, "'.put very soon while we do the
bidding and procurement on the guates center construction utilizing a competitive
sealed bid process, and hope to have�which e ergo ng to do this project also bid on this.
We cannot guarantee this will happen but�hope that this "will assist in the price coming
down significantly,beeaiise they will already be on sits. The windows are now tied to the
timing of aquatics project: Mr. Brockman addressed the Council on the recent Bond
committee meetings and Was, that they did not come up with any money for
the Senior Centet. :Lastly; Mr. Brockman suggested to Council that at the end of the
meeting that they possibly'hav another :opportunity for citizens to be heard that some
cities o" offer a seeond time A their agenda for residents to speak.
reenter recognized the following who spoke against Ordinance No. 15 -D -16
prohibiting ;tie use of hand -held Mobil Communication Devices and Portable
Devices:
• Mr. Pat O'Brien, 210 Tadwood, Mr. Tim Brown, 1109 Drayton, and Mr. Richard
Brand; 1,455 Woodbridge Way
Discussion and Action Items
1. Minutes - Consideration and/or action regarding the approval of the minutes of the
Regular Meeting of June 9, 2015. (J. Kessel /B. Dennis)
Mayor Carpenter recognized Mayor Pro -Tem Edwards who moved, seconded by
Councilmember Fowler to approve the minutes of the Regular Meeting of June 9, 2015.
The vote was unanimous, with Mayor Pro -Tem Edwards, Councilmembers Fowler,
Azzoz, John, and Thompson voting for, no one voting no. Motion passed.
6 -16 -2015 Minutes Page - 10 -
2. 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) (Final Reading)
The following was read into record:
ORDINANCE NO. 15 -D -16
AN ORDINANCE PROHIBITING THE US]
COMMUNICATION DEVICES AND PORTA.
WHILE OPERATING A MOTOR VEHICLE
CHAPTER 86 OF THE CITY CODE OF OR]
SCHERTZ, TEXAS, PROVIDING FOR. ,"A Fl
VIOLATION, PROVIDING AN EFFECTIVE DA
CONNECTION THEREWITH
Mayor Carpenter recognized Po
address or clarify some informal
0 What burden of proof would be req
device.
- As this is a
enforced. A
• w1nat we are ate
impaired by the
exampl operating
were stacking or ha
their ear.
and not
-nay only
g to address are those instances where the driving has been
the hands free device. What I am asking is that officers be
riving observed and why the attributed it to the device. For
idily at 10 mph under the posted speed while other vehicles
to pass. And, they observed the driver holding the phone to
- If there are no observed driving issues we will probably not even have our attention
drawn to the driver. There could be an exception to this; officer stopped at a traffic
light and observes driver next to with phone up to their ear or on the steering wheel
texting. A quick warning should be sufficient.
• Burden of proof is typically a direction from the Court system. It is what they will
accept as proof of a violation. There may be times when video may be available of
6 -16 -2015 Minutes Page - 11 -
the observed traffic issue. May even be able to see the driver utilizing the handheld
device, but this would be rare.
- Like most traffic offenses, an officer's testimony is typically all the proof that we are
able to provide. Officers have no pressure to issue citations. There is no benefit to an
officer that issues citations rather than warnings. Officers are not expected or
directed to issue a specific number of citations. The only reasonable reason to believe
an officer would issue a citation is because they observed a violation. But, it is
ultimately the court system that rules on the value of any evidence.
• How would officers know if the operator is
purpose or in violation?
- Again, the intent is to address the driv
hand held devices. If the vehicle is
continually manipulating the hand 1%
disengaging a call, we will make the tr
driver will hopefully reveal the reason
driving issues are still addressed.
• How would officers know if the
line of sight?
devic
ng the, phone for an approved
the device'in their lap or below the
- Again, the purpose of 'this is to hopefully create an atmosphere in the city in which
people voluntarily comply. Our intent is not to simply find another opportunity to
issue citations.,' There are more than enough of those today. In a few cases, a traffic
stop, a warning or,, even a:' citation i ay be necessary to enforce the compliance
to is utilizing a hands free device in a manner in which it cannot be
and there , is. no perceived impairment in the manner in which they are
a motor vehicle, then there would be no reason for us to make a stop.
• What if the ordinance was modified to address only texting?
- A great deal of impaired driving is more easily attributed to the operation of the hands
free device as a telephone. The phone calls are longer in duration, they are held next
to the ear which hinders the driver's peripheral view and slows the ability to respond
quickly with both hands when necessary. I believe the portion of the ordinance that
address the use as a telephone is an important aspect of it and I would not recommend
that it be removed.
• What is considered an acceptable means to affix the hand held device to the vehicle?
- The ordinance does not require that a hand held device be affixed to the vehicle
except when it is to be used as a navigation system. This is simply because the unit is
then designed to be watched as the driver continues on the course. It is in the best
6 -16 -2015 Minutes Page -12 -
interest of the driver to have it affixed in a position that makes it easier to observe
while doing so.
In its current form, the ordinance does not specify and method and therefore allows
for any method. It does not have to be permanent or something purchased for that
purpose. Really, if it is resting in a drink holder that is affixed or part of the vehicle, I
would maintain that it is in compliance.
0 Why are law enforcement officers exempt from the
- This is the language that was taken from the Texas Motor Vehicle Code as it relates
to utilizing a hands free device in a school zone. Thin is repeated to address other law
enforcement agencies that have to drive through otr jurisdiction.
- However, in our department, we have
prohibits the use of a hands free dev
violation of this ordinance. We realiz
equipment and have taken the steps to
outcome of this ordinance.
Chief Hansen stated, with me tonight"
they supervise all of the officers tha
ordinance. They are available to ans`
after tonight. We havc - had many
information I have presented tonight.
.y put an internal policy in effect that
a manner that would otherwise be in
[angers associated with the use of this
de our own liability regardless of the
Casas and Corpral'Arriaga. Between them,
ld b charged with the enforcement of this
Y of your' questions this evening or any time
ersations and they are on board with the
Hansen addressed questions from Council.
Pro -Tei Edwards provided his views as to why he is not for passing the
ce. Councilmembers Fowler, Azzoz and Thompson provided their comments as
they approve p ssing this ordinance.
Mayor Carpenter recognized Councilmember Azzoz who moved, seconded by
Councilmember Fowler to approve Ordinance 1.5 -D -16 on final reading. The vote was
3 -2, with, Councilmembers Fowler, Azzoz, and Thompson voting for, Mayor Pro -
Tem Edwards and Councilmember John voting no. Motion passed.
Roll Call Vote Confirmation
City Secretary Brenda Dennis provided the roll call vote information for agenda items 1 and 2.
Requests and Announcements
3. Announcements by City Manager
0 Citizen Kudos
6 -16 -2015 Minutes Page -13 -
• Recognition of City employee actions
• New Departmental initiatives
No further announcements were provided.
4. Requests by Mayor and Councilmembers that items be placed on a future City
Council agenda.
No items were requested.
5. Announcements by Mayor and Councilmembers
Mayer Carpenter recognized Caunilmember Azzoz who stated that the Operation
Comfort .Fund Raiser" will be held on July 20, 2015, 1.1:00 a.m. to 3:00 p.m.;
Sponsored by,,GIrumpy's Cafe, 18817 FM 2252, proceeds will benefit local charity.
Mayor Carpenter, recognized Councilmember Thompson who wanted to publically
make an apology. `Last week it was brought to his attention by Mrs. Layton according
to her, terminology that he had falsified his bio and had errors in it, thus causing
embarrassment to the City. He went back and looked at his bio, and his apology is
that he wrote his bio from memory instead of actually fact checking. He wants to let
everyone know that he apologizes for any confusion that was caused, but also wanted
to let you know that he really did graduate with a Bachelor's of Arts, not in
ministries, like it said in his bio, but in preaching, and his minor was in ministry. He
really did graduate with a Master's degree. Not in ministry, not in church growth, as
he wrote in his bio, but in Christian Ministry with a minor in Church growth. He
really did go, so to speak to school at Hope International University, because the
school that he to changed its name to Hope International University. So for the last 20
years even though he did not technically graduate from Hope International, he has
used that phrase, because 20 years' worth of alumni does not know the name of the
school he attended. If he used the new name of the school, then oh yes, I went there
6 -16 -2015 Minutes Page - 14 -
Adi
Me(
Bre
too and it would be said we had the same professors. So, he apologize for the three
words that were miss - stated on his bio, he apologizes for any confusion, but please
note it was not falsified.
Mayor Carpenter stated that he would like to congratulate the Maggie Tittering and
the Schertz Chamber on reaching their lO'h Anniversary and moving from an initial
29 members to today having over 400 members. This is an extraordinary
accomplishment.
6 -16 -2015 Minutes Page -15 -
Agenda No. 2
lei I &W4111NOUN 1 Ou 1 0401 [1] 111410111 VLIFI
City Council Meeting: June 23, 2015
Department: City Manager/Public Works
Subject: Resolution 15 -R -47- A Resolution by the City
Council of the City of Schertz, Texas authorizing the
Schertz Seguin Local Government Corporation
(SSLGC) Budget Amendment for Fiscal Year 2014-
15 in the amount of $869,001 for the Cathodic
Protection Program, and other matters in connection
therewith
BACKGROUND
The Schertz Seguin Local Government Corporation (SSLGC) has determined that the waterlines that
transport water to the City of Seguin and Schertz are in need of Cathodic Protection. The project entails
connecting each joint of pipe with a sacrificial metal so that the metal corrodes and not the pipe. This
project will prolong the pipeline ensuring the continuation of water delivery to the City.
Staff for SSLGC has reported that currently there is $2,130,999 budgeted in the Operating Fund for the
Cathodic Protection Program. Due to the fact that the project will not be complete by the end of the fiscal
year, staff is recommending transferring this appropriation to the Repair /Replacement Fund. This fund is
a capital projects fund. Once the money is appropriated in this fund, the budget carries forward from
year -to -year until the project is complete. Staff is also recommending the transfer be made directly from
the water sales, rather than go through the management services agreement.
Additionally, last year, the Board of Directors approved a Retained Earnings Policy. This policy set a
threshold for the minimum retained earnings to be held in the operating fund. This minimum policy was
to set at three months operating expenditures. Based upon this policy, there was $3,192,159 above this
threshold available for use. Staff is recommending using $869,001 of these funds to bring the
appropriation for the Cathodic Protection Program to $3,000,000. The remaining balance of $2,323,1.58
will be transferred to the Repair /Replacement Fund for future projects.
Goal
Approve the SSLGC Budget Amendment transferring $869,001 from the operating fund to the Cathodic
Protection Program bringing the appropriation for the Program to $3,000,000.
Community Benefit
The City of Schertz is a member of the SSLGC. It is through the SSLGC that the City provides water to
its citizens. Approval of the budget amendment will ensure that the citizens of Schertz will continue to
receive this vital service.
Summary of Recommended Action
Staff recommends approval of the Resolution approving the Budget Amendment to the FY201.4 -1.5
Annual Budget.
FISCAL IMPACT
No fiscal impact. This budget is based on SSLGC revenue and this amendment is based on SAWS
funding.
RECOMMENDATION
Staff recommends approval.
ATTACHMENT
Resolution 15 -R -47
Resolution # SSLGC R15 -04
11114 sJuntimirom
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF
SCHERTZ, TEXAS AUTHORIZING THE SCHERT/SEGUIN LOCAL
GOVERNMENT CORPORATION (SSLGC) BUDGET AMENDMENT
FOR FISCAL YEAR 2014 -15 IN THE AMOUNT OF $869,001 FOR THE
CATHODIC PROTECTION PROJECT, AND OTHER MATTERS IN
CONNECTION THEREWITH
WHEREAS, the City staff of the City of Schertz (the "City ") has recommended that the
City approve the Schertz /Seguin Local Government Corporation Fiscal Year 2014 -15 budget
amendment; and
WHEREAS, the City Council has determined that it is in the best interest of the City to
approve the budget amendment to ensure that the citizens and businesses of Schertz continue to
receive excellent and vital water service.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
Section 1. The City Council hereby authorizes the approval of the Schertz /Seguin
Local Government Corporation Fiscal Year 2014 -15 budget amendment.
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 23rd day of June, 2015.
CITY OF SCHERTZ, TEXAS
Mayor, Michael R. Carpenter
City Secretary, Brenda Dennis
(CITY SEAL)
• i 1 •,
A RESOLUTION AMENDING THE FISCAL YEAR 2015 SCHERTZ-SEGUIN LOCAL GOVERNMENT
CORPORATION BUDGET.
NOW, THEREFORE, BE IT RESOLVED THAT THE FISCAL YEAR 2015 LOCAL
GOVERNMENT i' ` ` • N BUDGET IS AMENDED AS FOLLO
Schertz-Seguin Local Government Corporation Operating Fund (Seguin)
$2,130,999 SSLGC
Charges for Services
Management Services — SSLGC
063 -9000- 826100
I
SSLGC
Capital Outlay
Improvements other than Building
063 - 9000 - 703000
Reason requested: To transfer the appropriation for the cathodic protection project to the Repair/Replacetne
Fund in order for •. • carry forward until the project is complete.
869,001 SSLGC
Intragovetnmental Transfers
Transfers to Repair /Replacement Fund
058 -9000- 826100
1
SSLGC
1' 111 1l
SSLGC
[ on-Deparftnental
1 : :Ii iill
Reason requested: To transfer the appropriation for the cathodic protection project and available retained earnings
to the Repair /Replacement Fund in order for the budget to carry forward until the project is
complete.
Amount Increase: Increase:
$2,323,158 SSLGC SSLGC
Intragovernmental Transfers Non-Departmental
Transfers to Repair/Replacement Fund Use of Retained Earnings
058 -9000- 826100 058 -9800- 960000
Reason requested: To transfers remaining available fund balance above the threshold set by the board to the
Repair/Replacement Fund for future projects.
Schertz-Segum Local Government Corporation Repair/Replacement Fund
$3,000,000 SSGLC Repair /Replacement Fund
Intragovernmental Transfers
Transfers from SSLGC Operating
061 - 391063
Outlay Capital
061-9000-703000
Reason -requested: To transfer the appropriation for the cathodic protection project and available retained earnings
to the Repair/Replacement Fund in order for the budget to catty forward until the project is
complete.
$2,323,158 SSGLC Repair /Replacement Fund
Intragovernmental Transfers
Transfers to Repair /Replacement Fund
061 - 3691063
' re�� ' -r t
Retained �i
i 1.1
keason requested: To transfers remaining available fiind balance above the threshold set by the board to the
Ken Greenwald, President
Bob Pees, Assistant Secretary
Agenda No. 3
CITY COUNCIL MEMORANDUM
City Council Meeting: June 23, 2015
Department: City Manager
Subject: Resolution No. 15 -R -49 - Supporting
the Cibolo Valley Local Government
Corporation Projects in Wilson County
and its Inclusion in the Texas Water
Development Board's South Central
Texas (Region L) Regional Water
Planning Area's Regional Water Plan.
The City of Schertz is a member city of the Cibolo Valley Local Government Corporation
(CVLGC). CVLGC is charged with seeking new water development projects for the cities of
Schertz and Cibolo.
CVLGC has identified and is investigating the feasibility of a groundwater development
project in Wilson County. The Wilson County Project is located within the 21 1/2 county
planning area of the South Central Texas Regional Water Planning Area (Region 1) of the
Texas Water Development Board.
CVLGC has developed a plan to produce water out of the Carrizo /Wilcox formations in
Wilson County for delivery to its members.
FISCAL IMPACT
None
RECOMMENDATION
Staff recommends approving Resolution No. 15 -R -49.
ATTACHMENTS
Resolution No. 15 -R -49
RESOLUTION NO. 15 -R -49
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SCHERTZ, TEXAS SUPPORTING THE CIBOLO VALLEY LOCAL
GOVERNMENT CORPORATION PROJECT IN WILSON COUNTY AND
ITS INCLUSION IN THE TEXAS WATER DEVELOPMENT BOARD'S
SOUTH CENTRAL TEXAS (REGION L) REGIONAL WATER
PLANNING AREA'S REGIONAL WATER PLAN.
WHEREAS, the City of Schertz is a member city of the Cibolo Valley Local
Government Corporation ( "CVLGC "); and
WHEREAS, CVLGC is a local government corporation, created and existing under the
provisions of Subchapter D of Chapter 431, Texas Transportation. Code, as amended, and
Chapter 394, Texas Local Government Code and has and may exercise all of the rights, powers,
privileges, authority, and functions given by the general laws of the State of Texas to non - profit
corporations incorporated under the Act including, without limitation, the Texas Non - Profit
Corporation Act, Chapter 22, Texas Business Organizations Code; and
WHEREAS, CVLGC is charged with seeking new water development projects for the
cities of Schertz and Cibolo; and
WHEREAS, CVLGC identified and is investigating the feasibility of a groundwater
development project in Wilson County; and
WHEREAS, the Wilson County Project is located within the 21 1/2 county planning area
of the South Central Texas Regional. Water Planning Area ( "Region L ") of the Texas Water
Development Board; and
WHEREAS, CVLGC has developed a plan to produce water out of the Carrizo/Wilcox
formations in Wilson County for delivery to its member; and
WHEREAS, CVLGC presented its projected project to Region L for inclusion in the
planning group's 2016 Initially Prepared Plan to determine Potentially Feasible Water
Management Strategies; and
WHEREAS, Region L voted to include the CVLGC project for this purpose; and
WHEREAS, the City, with a population of 43,083, encourages Region L to continue its
inclusion of the CVLGC project for all proper planning purposes; and
WHEREAS, the City does not believe that the CVLGC should be treated differently
from a planning perspective as other similarly situated projects considered "limited" under the
Texas Water Development Board's modeled available groundwater; and
WHEREAS, the City supports the continued inclusion of the CVLGC project for all
Region L planning purposes.
1
Section 1. The recitals contained in the preamble of this Resolution are determined to be
true and correct and are hereby adopted as a part of this Resolution.
Section 2. This Resolution shall take effect immediately upon adoption hereof.
PASSED AND APPROVED the day of _, 2015.
ATTEST:
City Secretary
MAYOR
2
Agenda No. 4
CITY COUNCIL MEMORANDUM
City Council Meeting: June 23, 2015 .
Department:
Subject:
BACKGROUND
Administration
Cancellation of the June 30, 2015 City
Council meeting
City Staff has found there are no items to be presented to Council for action.
FISCAL IMPACT
None
RECOMMENDATION
Staff recommends Council approve the cancellation of the June 30, 2015 . City Council meeting.
Agenda No. 5
C KoLnI104 I Ed 10102 L11 ' • 1
City Council Meeting: June 23, 2015
Department: Development /IT
Subject: Resolution No. 1.5 -R -45 - a Resolution .
authorizing purchases totaling no more than
$75,000 with JRS Business Solutions for Dale
Carnegie training classes for City employees
during the 2014 -15 Fiscal Year.
BACKGROUND
To date, the City has spent approximately $10,000 with JRS Business Solutions to bring the
following Dale Carnegie training classes to City employees: Performance appraisals (14
participants), Attitudes for Service (54 participants), Manager- Employee Relationship: The
Bottom Line for Engagement (77 participants). An additional set of Attitudes for Service sessions
is scheduled.
While Departments provide training for their staff, that training is generally focused on job
specific tasks, not more broad skills such as communication and performance appraisal as is
proposed with these sessions. Additionally, JRS Business Solutions does a good in tailoring the
training sessions to our organization, by reviewing our evaluation form in preparation for
performance appraisal training session or incorporating the State of the City video into the
Manager - Employee Relationship session. The courses proposed are intended to ensure as many
staff at all levels benefit from the training.
Based on the feedback we have received, the City would like to offer the additional Dale Carnegie
training classes:
World Class Service (phase 2 of Attitudes for Service) - 2 rounds. This course will be a 4 -week
course, 4 hours per week (one day) for up to 30 staff per session.
Performance Appraisals - 2 rounds. These sessions will be 3 hours each for up to 20 staff per
session.
Leadership Communication - 2 rounds. These sessions will be 3 hours for up to 20 staff per
session.
Pain Free Performance Management - 2 rounds. These sessions will be 4 hours over 2 weeks
for up to 20 staff per session.
The approximate cost for these classes will be $60,600.00
Goal
To obtain approval from City Council to offer additional Dale Carnegie training classes through
JRS Business Solutions during the remainder of the 2014 -15 Fiscal Year for total expenditures of
up to $75,000.
Summary of Recommended Action
Staff recommends that Council authorize expenditure of up to $75,000 with JRS Business
Solutions during the remainder of the 2014 -15 Fiscal Year for Dale Carnegie employee training
classes.
FISCAL IMPACT
Costs associated with this training will be covered using budgeted funds, available in account 101-
866- 531.600 which is the contingency account.
RECOMMENDATION
Staff recommends Council approve Resolution 15 -R- 45.
ATTACHMENTS
Resolution 15 -R -45.
RESOLUTION NO. 15 -R -45
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF
SCHERTZ, TEXAS AUTHORIZING PURCHASES TOTALING NO
MORE THAN $75,000 WITH JRS BUSINESS SOLUTIONS FOR DALE
CARNEGIE TRAINING CLASSES FOR CITY EMPLOYEES DURING
THE 2014 -15 FISCAL YEAR AND OTHER MATTERS IN CONNECTION
THEREWITH
WHEREAS, the City of Schertz (the "City ") has previously contracted with JRS
Business Solutions for Dale Carnegie training for City employees; and
WHEREAS, the total amount of the various separate training classes that the City
proposes during the 2014 -15 fiscal year will exceed $50,000; and
WHEREAS, the City staff desires to continue to work with JRS Business Solutions to
provide additional Dale Carnegie Training classes during the remainder of the 2014 -15 fiscal
year of up to $75,000; and
WHEREAS, the City Council has determined that it is in the best interest of the City to
support continued employee training and development
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
Section 1. The City Council hereby authorizes the purchase of additional Dale
Carnegie Training classes from JRS Business Solutions during the remainder of the 2014 -15
fiscal year of up to $75,000.
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 23rd day of June 2015. .
Brenda Dennis, City Secretary
(CITY SEAL)
CITY OF SCHERTZ, TEXAS
Michael R Carpenter, Mayor
-2-
Agenda No. 6
CITY COUNCIL MEMORANDUM
City Council Meeting: June 23, 2015
Department: Public Works
Subject: Ordinance 15 -F -17 An Ordinance
repealing an Ordinance of the Code of
Ordinances for the City of Schertz, Texas
and adopting a new Ordinance with
updated provisions regarding the collection
and disposition of solid waste and
recyclable material in the city; providing
for the repeal of conflicting ordinances;
providing a severability clause; and
providing for an effective date. First
Reading.
Staff researched and reviewed the current Solid Waste Ordinance 13 -F -03 adopted on March 5, 2013
and found that it was out of date, was a combined Solid Waste Ordinance and Franchise Ordinance and
did not include important provisions that are needed regarding the collection and disposition of solid
waste and recyclable material in the City in the best interest of the health, safety and welfare of the
citizens of the City. Council possesses, pursuant to the Texas Local Government Code, the authority to
regulate the collection and disposal of solid waste and recyclable material in the City.
The updated Ordinance outlines the requirement of the use of the City's Solid Waste Franchisee. This
Franchisee is Bexar Waste and is recommended for approval in its own Franchise Ordinance.
Community Benefit
To provide the City with an updated and correct Solid Waste Ordinance that contains the proper
provisions that are needed in the best interest of the health, safety, and welfare of the citizens of the
City.
Summary of Recommended Action
Staff recommends Council approve Ordinance 15 -F -17 establishing a new Solid Waste Ordinance for
the City of Schertz on the first reading.
FISCAL IMPACT
No fiscal impact to approve the Solid Waste Ordinance. The City will continue the collection of
franchise fees with scheduled rate increases as outlined in the separate Solid Waste Franchise
Ordinance.
RECOMMENDATION
Staff recommends Council approve Ordinance 15 -F -17 on first reading.
ATTACHMENT
Ordinance 15 -F -17
ORDINANCE NO. 15 -F -17
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SCHERTZ,
TEXAS, REPEALING AN ORDINANCE OF THE CODE OF
ORDINANCES OF THE CITY OF SCHERTZ AND ADOPTING A NEW
ORDINANCE WITH UPDATED PROVISIONS REGARDING THE
COLLECTION AND DISPOSITION OF SOLID WASTE AND
RECYCLABLE MATERIAL IN THE CITY; PROVIDING FOR THE
REPEAL OF CONFLICTING ORDINANCES; PROVIDING A
SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE
DATE
WHEREAS, the City of Schertz, Texas (the "City ") is a Home Rule City possessing the
full power of local self - government pursuant to Article 11, Section 5 of the
Texas Constitution, Section 51.072 of the Texas Local Government Code,
and the City's Home Rule Charter; and
WHEREAS, the City Council of the City of Schertz, Texas ( "City Council ") possesses,
pursuant to the Texas Local Government Code, the authority to regulate
the collection and disposal of solid waste and recyclable material in the
City; and
WHEREAS, the City Council finds that the adoption of updated provisions regarding
the collection and disposition of solid waste and recyclable material in the
City is in the best interest of the health, safety and welfare of the citizens
of the City.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
SCHERTZ, TEXAS, THAT:
Section 1. All of the above premises are found to be true and correct legislative
determinations and are hereby incorporated into the body of this
Ordinance as if copied in their entirety.
Section 2. The Code of Ordinances of the City of Schertz, Chapter 34, Article III is
hereby amended by deleting said chapter in its entirety and replacing it
with new Chapter 34, Article 111, which shall read as follows:
ARTICLE 111. SOLID WASTE
Sec. 34 -47. Solid Waste Program established.
The City's solid waste collection, transportation and disposal program is
hereby established for all residents and businesses of the City.
Sec. 34 -48. Purpose of chapter; duties of property owners and occupants.
The accumulation of garbage, recyclable material, rubbish, brush and
other refuse constitutes a public nuisance, a health hazard, a fire hazard and a
safety hazard. Therefore, it shall be required that owners and tenants of private
residences, private commercial buildings and businesses, and the occupants of
all private noncommercial buildings which accumulate refuse, deposit their
garbage, rubbish, brush, and other refuse for removal by the agent designated by
the city. Such owners, renters and occupants shall maintain the premises of the
buildings and property free of accumulations of all other waste materials and
nuisance materials. Such owners, renters and occupants shall not allow
materials intended for recycling to create a nuisance on the premises of buildings
and properties. All waste materials shall be disposed of in a place and by
methods deemed appropriate by the City. The purpose of this chapter is to
provide for a method of collecting and disposing of garbage, recyclable material,
rubbish, brush, and other refuse, and to maintain neighborhood quality and
1
aesthetics and maintenance of property values by providing for the general
health and welfare.
Sec. 34 -49. Residential and Commercial occupants must use services of
franchisee
It is hereby prohibited for any individual to utilize the services of any
individual or corporation for purposes of residential solid waste collection other
than the City's designated solid waste franchisee. Every residential occupant
shall subscribe to the services of the franchisee having the exclusive franchise
for collection and disposal service with the City. It is declared to be unlawful for
the occupant of any of the premises described in this section to fail or neglect to
provide for the removal of solid waste as required under this Article.
Sec. 34 -50. Defined Terms.
The following words, terms and phrases, when used in this chapter, shall
have the meanings ascribed to them in this section, except where the context
clearly indicates a different meaning:
100 -year flood means a flood that has a 1.0 percent or greater chance of
recurring in any given year or a flood of a magnitude equaled or exceeded once
in 100 years on the average over a significantly long period.
Bags means plastic sacks designed to store garbage, recyclable material,
rubbish, brush, or other refuse with sufficient wall strength to maintain physical
integrity when lifted by the top. The total weight of a bag and its contents shall
not exceed thirty -five (35) pounds.
Brush means plants or grass clippings, leaves or tree trimmings, including
bags and /or bundles of landscape waste.
Bulky waste means stoves, refrigerators with a freon evacuation
certificate, water tanks, washing machines, furniture, carpet, fencing materials,
more than ten bags of landscape waste or bundles of brush and other items of a
similar nature that can be loaded by two employees in five (5) minutes or less,
except construction debris, dead animals, hazardous waste or stable matter with
weights or volumes greater than those allowed for trash collection containers.
Bundle means tree, shrub and brush trimmings or newspapers and
magazines securely tied together forming an easily handled package not
exceeding four feet (4') in length or fifty pounds (50 lbs.) in weight.
Commercial means any structure other than single - family and duplex
residential development including hotels, motels, residential structures containing
three or more dwellings, and residential care facilities.
Commercial garbage means all normal establishment waste products of
commercial buildings or establishments, including multifamily dwellings, other
than single - family and duplex residential development, other than sewage and
body waste, manure, dead animals over ten pounds in weight, special and
hazardous waste, large tree trimmings, demolition or remodeling debris, or any
other waste material that cannot be broken down to fit into commercial garbage
containers herein specified.
Commercial garbage compactor means all steel or metallic containers
provided by the City or its contractor. Designed to hold compacted commercial
garbage shall specifically include 20, 30 and 40 yard compactors.
Commercial garbage container means all steel or metallic containers,
provided by the City or its contractor, designed to hold commercial garbage, and
2
shall specifically include all roll -off containers, roll -off compaction containers, and
all such containers with a volume of between three (3) cubic yards and ten (10)
cubic yards.
Commercial recycling container means all steel or metallic containers,
provided by the City or its contractor, designed to hold recyclable material, and
shall specifically include such containers with a volume of between six (6) cubic
yards and eight (8) cubic yards.
Commercial recycle material compactors means a roll off with or without a
compactor designed to hold loose or compacted recycle. Material constructed of
steel or metallic material provided by the City or the contractor.
Container lease charge means a monthly charge that shall be assessed
for the use of trash collection containers that are provided by the sanitation
contractor. Said charge shall apply to 20- cubic -yard, 30- cubic -yard, and 40-
cubic -yard open -top containers.
Dead animals means animals or portions thereof equal to or greater than
ten pounds in weight that have expired from any cause, except those slaughtered
or killed for human use.
Designated contractor means such private firm designated by the City for
the collection, transportation, and /or disposal of solid waste, and the collection,
transportation and /or processing of recyclable materials.
Extra accumulations means quantities of waste that are containerized or
bundled that cannot be fitted into the 95- gallon residential garbage receptacle,
not exceeding ten bundles of brush or normal bags of waste (for amounts in
excess described herein refer to unusual accumulations).
Garbage. See "Commercial garbage" or "Residential garbage."
Generator means any person whose acts or processes produces or
causes solid waste and /or recyclable materials.
Hauler means a person, other than the designated contractor, who has
obtained and maintains a valid permit to collect and divert recyclable materials.
Hazardous waste means any solid waste identified or listed as a
hazardous waste by the administrator of the U.S. Environmental Protection
Agency (EPA) pursuant to the Federal Solid Waste Disposal Act, as amended by
the Resource Conservation and Recovery Act, 42 U.S.C. § 6901 et seq., as
amended.
Landfill means facility operated by and approved by TCQ.
Municipal Solid Waste or MSW means garbage, trash, refuse, brush, yard
waste, and other waste generated in residences and commercial establishments
as well as debris resulting from traffic accidents in the City (excluding wrecked or
disabled vehicles which are removable by a wrecker service).
Nonresident means persons residing other than within the corporate city
limits.
Nuisance means solid waste that is stored, processed or disposed of in
an unsightly manner that causes the pollution of surrounding land, the
contamination of groundwater or surface water, the breeding of insects or
rodents, or the creation of odors adverse to human health, safety or welfare.
Permitted recycle contractor means a company or corporation to transport
loose or compacted recycle material for a manufacture or holding company for
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recyclable material and shall be in compliance with Article 111 Sec. 34 -61 of the
code of ordinances.
Person means any person, firm, corporation, business trust, partnership,
association, organization or municipal entity, incorporated or unincorporated,
other than the City.
Premises means all public and private establishments, including
individual residences, all multifamily dwellings, residential care facilities,
hospitals, schools, businesses, other buildings and all vacant lots.
Provider means Entity providing solid waste collection and disposal
services.
Recyclable material means any material, substance or byproduct that has
been recovered or diverted from the non - hazardous waste stream for purposes
of reuse, recycling or reclamation, and is any material or product designated in
writing by the city's Director of Public Works or his or her designee as being
suitable for reuse, recycling or reclamation.
Recycle means to collect, buy, sell, and store and/or produce any
material, substance or product from waste material or byproducts and to keep
such from being included in the waste stream intended for disposal.
Refuse means all solid waste except hazardous wastes.
Residential garbage means all normal waste products of single - family and
duplex residential development, other than sewage and body waste, manure,
dead animals over ten pounds in weight, special and hazardous waste, large tree
trimmings, demolition or remodeling debris, or any other waste material that
cannot be broken down to fit into residential garbage receptacles herein
specified.
Residential garbage receptacle means a plastic or metal receptacle,
designed for automated or semi - automated solid waste collection systems, and
having a tight fitting lid capable of preventing littering and the entrance into the
container by small animals. The weight of the receptacle and its contents shall
not exceed seventy five pounds (75 lbs.) and shall be designed for ease of
movement and use. One receptacle shall be provided in designated areas unless
customer wants to pay for each additional container, with ownership of the
receptacle retained by the contractor.
Residential recycling receptacle means a plastic receptacle provided by
the city or its contractor, designed for automated or semi - automated recyclable
material collection systems, and having a tight fitting lid capable of preventing
littering and the entrance into the container by small animals. The weight of the
receptacle and its contents shall not exceed seventy five pounds (75 lbs.) and
shall be designed for ease of movement and use. A receptacle shall be provided
in designated areas, with ownership of the receptacle retained by the contractor.
Residents means persons residing within the corporate limits of the City.
Rubbish means any nonputrescible solid waste, including aluminum cans,
paper, boxes, glass, yard trimmings, leaves, feathers and any other matter
commonly understood to be rubbish.
Solid waste means garbage, rubbish, refuse, sludge from a wastewater
treatment plant, water supply treatment plant or air pollution control facility, and
other discarded material, including solid, liquid, semi -solid or contained gaseous
material resulting from industrial, municipal, commercial, mining and agricultural
operations and from community and institutional activities. The term does not
include:
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(1) solid or dissolved material in domestic sewage, or solid or dissolved
material in irrigation return flows, or industrial discharges subject to
regulation by permit issued under Vernon Texas Statues and Codes,
Water Code, Ch. 26, as amended;
(2) soil, dirt, rock, sand or other natural or manmade inert solid
materials used to fill land if the object of the fill is to make the land suitable
for the construction of surface improvements; or
(3) waste materials that result from activities associated with the
exploration, development or production of oil or gas or geothermal
resources and other substance or material regulated by the Railroad
Commission of Texas under Vernon Texas Statues and Codes, Natural
Resources Code, § 91.101, as amended, unless the waste, substance or
material results from activities associated with gasoline plants, natural gas
liquids processing plants, pressure maintenance plants or re- pressurizing
plants and is hazardous waste as defined by the administrator of the
United States Environmental Protection Agency under the Federal Solid
Waste Disposal Act, as amended by the Resource Conservation and
Recovery Act, as amended (42 U.S.C. § 6901 et seq.).
(4) Recyclable material; however, recyclable material may become
solid waste at such time, if any, as it is abandoned or disposed of as other
solid waste, rather than recycled, whereupon it will be solid waste with
respect only to the party actually abandoning or disposing of the material.
Special waste means solid waste or a combination of wastes that,
because of its quantity, concentration, physical or chemical characteristics or
biological properties, requires special handling and disposal to protect the human
health or the environment. If improperly handled, transported, stored, processed
or disposed of or otherwise managed, it may pose a present or potential danger
to human health or the environment. Special waste includes, but is not limited to:
(1) hazardous waste from conditionally exempt small - quantity
generators that may be exempt from full controls under 30 Tex. Admin.
Code §§ 335.401 -- 335.419, as amended, relating to household materials
which could be classified as hazardous waste;
(2) class I industrial nonhazardous waste not routinely collected with
municipal solid waste;
(3) special waste from health- care - related facilities (refers to certain
items of medical waste);
(4) municipal wastewater treatment plant sludge's, other types of
domestic sewage treatment plant sludge's, and water - supply treatment
plant sludge's;
(5) septic tank pumpings;
(6) grease and grit trap wastes;
(7) wastes from commercial or industrial wastewater treatment plants,
air pollution control facilities, and tanks, drums, or containers used for
shipping or storing any material that has been listed as a hazardous
constituent in 40 C.F.R. Ch. 261, Appendix VIII, as amended, but has not
been listed as a commercial chemical product in 40 C.F.R. § 261.33(e) or
(f), as amended;
(8) slaughterhouse wastes;
(9) dead animals;
(10) drugs, contaminated foods, or contaminated beverages, other than
those contained in normal household waste;
(11) pesticide (insecticide, herbicide, fungicide, or rodenticide)
containers;
(12) discarded materials containing asbestos;
(13) incinerator ash;
(14) soil contaminated by petroleum products, crude oils, or chemicals;
(15) used oil;
(16) light ballasts and /or small capacitors containing polychlorinated
biphenyl (PCB) compounds;
(17) waste from oil, gas, and geothermal activities subject to regulation
by the state railroad commission when those wastes are to be processed,
treated, or disposed of at a solid waste management facility permitted
under this chapter;
(18) waste generated outside the boundaries of the state that contains:
a. any industrial waste;
b. any waste associated with oil, gas and geothermal
exploration, production or development activities; or
C. any item listed as a special waste in this definition;
(19) any waste stream other than household or commercial garbage,
refuse or rubbish;
(20) lead acid storage batteries; and
(21) used -oil filters from internal combustion engines.
Unusual accumulations means:
(1) for residences, each regular collection that cannot fit into a
residential garbage receptacle;
(2) for commercial establishments, accumulations that would not occur
in the ordinary course of business;
(3) bulky waste;
(4) materials judged by the Director of Public Works or his duly
appointed representative to be hazardous, such as oil, acid or caustic
materials; and
(5) existing conditions favorable to the harboring and /or breeding of
any agent, such as an insect, reptile, rodent or other agents capable of
transferring a pathogen from one organism to another.
Sec. 34 -51. Sanitation service deposits and fees.
Deposits and fees as specified in Appendix A of the Code of Ordinances
which may be amended from time to time shall be required of all customers
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requesting the collection and disposal of refuse by the City's designated
contractor as specified in Section 34 -58. All utility customers shall receive solid
waste and recyclable material collection service. The charges for collection
service shall be included on the monthly utility bill of the customer. For partial
months, such charges shall be prorated for each and every day of the month
during which such service is available and provided to the residential customers.
An increase in monthly fees may be made upon approval of the city council. A
penalty for overdue payment of the monthly utility bill may be charged.
Sec34 -52. Garbage, recyclable material, rubbish, brush and refuse
nuisances.
The storing or keeping of garbage, rubbish, brush, refuse and/or
recyclable material that is unsightly or a health, fire or safety hazard or a harbor
for reptiles, rodents, insects, or other animals is prohibited and shall constitute a
public nuisance. Removal of all such materials is the owner's responsibility and
shall be done at the owner's expense.
Sec. 34-53. Dumping.
Dumping of any garbage, solid waste, recyclable material, rubbish, brush
and /or other refuse in any place and in any manner other than that designated in
this chapter is prohibited.
Sec. 34 -54. Collection containers and receptacles for garbage, trash, brush
and recyclable material.
(a) Every owner, tenant, occupant or lessee using or occupying any building,
house, or structure within the corporate city limits of the City of Schertz for
residential, church, school, commercial, business or other purpose shall use a
collection container that is only in designated areas or receptacle authorized by
this article provided by the city, its designated contractor as specified in Section
86 -32, or a hauler. All garbage and trash mixed with water or other liquids shall
be drained before being placed in the collection container or receptacle.
(b) Every owner, tenant, occupant or lessee using or occupying any building,
house or structure within the corporate City limits of the City of Schertz for
residential, church, school, commercial, business or other purpose shall notify
the city of any loss, theft or damage to the collection container or receptacle and
shall be responsible for replacement costs unless the damage is a result of
collection by contractor.
(c) It shall be the duty of every residential customer to keep the residential
garbage and recycling receptacle in a clean and sanitary condition.
(d) Except when placed for collection, residential garbage and recycling
receptacles shall be stored behind the front building line if collection occurs from
a public street, or stored adjacent to the main structure if collection occurs from
an alley. Commercial collection containers or receptacles shall be kept in a
screened area, unless such requirement is waived by the Director of Public
Works or his duly appointed representative.
(e) Brush that cannot fit into the residential garbage receptacle shall be tied in
bundles not to exceed four feet (4') in length with no limbs exceeding six inches
in diameter. Bundles of brush shall be comparable in size and weight with bags
of garbage, not to exceed fifty pounds (50 lbs.) each.
(f) The City Manager or his designated representative shall cause regular
inspections to be made to ensure compliance with the terms of this section, and if
any unsanitary collection container or receptacle is found, a notice shall be
placed upon such collection container or receptacle informing the owner to clean
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the same within five (5) days. Failure to comply with such notice shall constitute a
violation of this section.
Sec. 34 -55. Residential collection regulations.
(a) There shall be collection twice weekly and once in designated areas for
regular garbage, recyclable material, rubbish, and brush and landscape waste
other than bulky waste.
(b) It shall be the duty of the owner, occupant, tenant or lessee of a
residence, commercial establishment or other building to place the garbage or
recyclable material in proper receptacles at the curb line or at the alley most
accessible to the collection crew vehicle as determined by the contractor and the
Director of Public Works or his duly appointed representative.
(c) Garbage and recyclable material shall not be placed at the point of
collection before 6:00 p.m. prior to the designated day of collection and any
garbage receptacles or recycling receptacles shall be removed within 24 hours
from the point of collection and stored in accordance with section 86 -26,
subsection (e).
(d) Unusual accumulations, brush or bulky wastes shall not be placed for
regular garbage pickup. Removal of unusual accumulations, brush or bulky
wastes may be requested for a special collection, and there shall be an additional
fee for such service as determined from time to time by City Council per pick -up
truckload for more than twelve (12) pick ups per calendar year. The City shall be
the authority to determine what constitutes unusual accumulations if there is a
difference of opinion between a customer and the contractor.
(e) Materials intended for recycling shall not be placed for collection with
waste materials. Recycling collection activities are to be separate from garbage
collection activities.
(f) It shall be the duty of the owner, occupant, tenant or lessee of any
premises to report the failure to collect properly prepared property garbage and
recyclable material for a consecutive period of two (2) weeks to the City where
the holder of a franchise granted by the City is responsible for such collection;
and if the owner, occupant, tenant or lessee elects to regularly remove garbage
and recyclable material from his premises, it shall be unlawful for such owner,
occupant, tenant or lessee to remove such accumulation less often than required
under this section.
(g) All putrescible waste must be placed in the residential garbage
receptacles.
(h) From the time of placement of solid waste and of recyclable material at the
point of collection by the owner, occupant, tenant or lessee of a residence for
collection in accordance herewith, such solid waste and recyclable material shall
be delivered by the designated contractor, as specified in Section 34 -60, to the
appropriate facility for disposition designated by the City pursuant to contract with
the City.
Sec. 34 -56. Residential collection fees.
(a) For the collection and removal of solid waste and brush in a residential
garbage receptacle and collection of recyclables in a residential recycling
receptacle once a week or twice in designated areas, a monthly charge shall be
as determined from time to time by the City Council.
(b) For each additional residential garbage receptacle, or residential recycling
receptacle, the monthly charge shall be as determined from time to time by the
City Council.
(c) For the collection of unusual accumulations, there shall be a fee as
determined from time to time by the City Council.
(d) For other solid waste collection or disposal services not listed, the City and
contractor shall work together to determine a reasonable fee, pending Council
approval of the fee within sixty (60) days.
Sec. 34 -57. Commercial collection regulations.
(a) Collection containers commonly used by commercial garbage and
recycling collectors, including residential garbage and recycling receptacles (for
commercial use), shall be placed at a location on the premises mutually
agreeable to the customer, the city, its designated contractor as specified in
Section 34 -60, and hauler, as applicable. The Director of Public Works or his
duly appointed representative may authorize the use by a commercial customer
of residential garbage or recycling receptacles on a case by case basis after the
commercial customer makes request for use of such residential receptacles. The
collection and removal of garbage, recyclable material, rubbish and brush from
buildings and premises used for commercial and institutional purposes shall not
be made less than one (1) time per week and as often as necessary in order to
maintain such premises free of accumulations of garbage, trash and brush.
Materials for recycling shall not be placed for collection with waste materials.
Recycling collection activities shall be separate from garbage collection activities.
A commercial business shall be responsible for the collection and lawful disposal
of hazardous waste generated by that commercial business.
(b) From the time of placement of solid waste and of recyclable material at the
point of collection by the commercial business for collection in accordance
herewith, such solid waste and recyclable material shall be delivered by the
designated contractor, as specified in Section 86 -32, to the appropriate facility for
disposition designated by the City pursuant to contract with the City.
Sec. 34 -58. Commercial collection fees.
The service charge for commercial collections shall be based on the
frequency of collection necessary and the amount regularly collected.
(1) Minimum service level. The minimum service level is one (1) 96 Gallon
garbage collection container and one (1) recyclable material collection container
picked up one (1) time a week for a fee as determined from time to time by the
City Council unless area has been grandfathered for twice a week pickup.
Additional collection containers can be requested for an additional fee as
determined from time to time by the City Council. The property owner is
responsible for replacement of the collection containers in the case of theft, loss,
or damage. There shall be a fee as determined from time to time by the City
Council charged for collections of unusual accumulations.
(2) Other solid waste collection and disposal services. For other solid waste
collection or disposal services not listed, the City and contractor shall work
together to determine a reasonable fee, pending City Council approval of the fee
within sixty (60) days.
(3) Service charges for private haulers of recyclable materials shall be by
customer agreement.
Sec. 34 -59. Collection and disposal of commercial garbage and recyclable
material in central business district.
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(a) The disposal of commercial garbage, recyclable material, rubbish and
brush by placing the same in public trash receptacles located on public streets in
the City is prohibited. The collection and removal of garbage, recyclable material,
rubbish, and brush from buildings and premises used for commercial or
institutional purposes shall be made not less than one (1) times per week and as
often as necessary in order to maintain such premises free of accumulations of
garbage, trash and brush.
(b) Fee charges for private haulers of recyclable materials shall be by
customer agreement.
(c) No annual private haul vehicle will apply using the authorized solid waste
& recycle franchise hauler.
Sec. 34 -60. Collection contractor.
(a) The City shall designate a contractor to regularly collect and remove all
garbage, recyclable material, rubbish, brush and solid waste, excluding
hazardous waste, from all premises within the corporate City limits. This agent
shall operate by contract with the City. The City Manager shall take action to see
that the terms of the contract are fulfilled. In the event of any conflict between the
terms of the contract and the City's ordinances on the collection of solid waste,
the ordinances shall control. The designated collection contractor shall not be
responsible for the collection of hazardous waste except during special events.
(b) In the event that the designated collection contractor lacks adequate
and /or appropriate resources to collect and remove solid waste from public
improvement projects, the Director of Public Works may authorize solid waste
removal by another contractor.
Sec. 34 -61. Disposal of solid waste.
(a) Individual residents may remove garbage, recyclable material, rubbish,
brush or unusual accumulations from their own residences, provided that the
garbage, recyclable material, rubbish, brush or unusual accumulations are
secured.
(b) It shall be unlawful for any person to engage in the business of collecting
solid waste within the City except as may be specifically authorized by contract
with the City and the payment of a license fee to so operate.
(c) It shall be unlawful for any person to engage in the business of collecting
solid waste within the City except as may be specifically authorized in
accordance with this article.
Sec. 34 -62. Permit for private haulers of recyclable materials.
(a) Permit Required. It shall be unlawful for any person, company, or
corporation to engage in the business of collection of commercial recyclable
materials without obtaining a permit from the Director of Public Works or his duly
appointed representative. A separate permit shall be required for each generator
from which the hauler intends to collect recyclable materials.
(b) Letter of certification. A hauler shall only receive a permit for recyclable
material if the hauler includes a letter of certification with the permit application.
The letter of certification shall be from the recyclable material generator and shall
certify to the City the name and address of the generator, the name and address
of the desired hauler, the constituents to be recycled, a brief contingency plan
ensuring that waste materials will be separated from the recyclables prior to
hauling, arrangements for solid waste management, and the final destination of
the recyclable materials. This information shall be amended as necessary.
im
(c) Application for commercial recycle compactor hauler Permit per haul
vehicle. An applicant for a permit as a private hauler of recyclable materials must
provide the following:
(1) the business name;
(2) the driver's name and driver's license numbers;
(3) business address;
(4) home address;
(5) business phone number;
(6) home phone number;
(7) list of vehicles used for waste removal, including:
a. make;
b. model; and
C. license number;
(8) proof of current bond of ten thousand and no /100 dollars
($10,000.00) on a form provided or approved by the City;
(9) the name of the final destination for recyclable materials and proof
that such destination has demonstrated its ability to be an approved
processor capable of diverting recyclable materials in accordance with all
applicable laws and regulations;
(10) proof of liability insurance; and
(11) a permit fee and a fee for each additional permit requested as
specified in Appendix A of the Code of Ordinances, which may be
amended from time to time. This fee shall not be prorated for a partial
year.
All information required in this subsection (c) shall be amended and updated,
within thirty (30) days of a change or when any of the current information in the
possession of the City becomes outdated.
(d) Renewal of Permit. ($2500.00 Annually) Each permit shall be renewed
annually and the information listed in subsection (c) of this section shall again be
provided, along with a copy of the bond renewal, liability insurance, name of
recyclable materials processor and a renewal fee as specified in Appendix A of
the Code of Ordinances, which may be amended from time to time.
(e) Term of Permit. The term of the permit shall be from January 1 to
December 31 of each year. An expired permit is not valid for continued operation
under this chapter.
(f) Vehicle Permit Required. Any vehicle used by a hauler for the purpose of
removing and transporting recyclable materials must have, prominently
displayed, a permit supplied by the City.
(g) Collection and Diversion of Recyclable Materials. Haulers shall only divert
recyclable materials in accordance with the requirements of this article and State
law. Haulers shall submit evidence of such compliance with this article for each
month demonstrating, at a minimum: (1) the amount of recyclable materials
collected; (2) dates of collection; and (3) receipts for disposal. The City has the
11
right to inspect and audit the records of any hauler in order to ensure compliance
with this section. Diversion of construction and demolition debris as recyclable
material shall only be accomplished after separation of recyclable material from
solid waste at the construction or project site. Commingling construction and
demolition solid waste with construction and demolition recyclable material is
prohibited. The failure of a hauler to separate at the source any recyclable
material from solid waste, which results in the hauler transporting solid waste as
an unauthorized solid waste contractor, may result in the revocation of the
hauler's permit.
(h) Revocation of Permit. The permit of a hauler may be revoked by the
Director of Public Works for the following reasons:
(1) failing to keep a current bond filed in the Public Works Department;
(2) being observed by the Director of Public Works or his duly
appointed representative placing recyclable materials or any other solid
waste in any location other than as authorized by State law;
(3) being observed by the Director of Public Works or his duly
appointed representative improperly securing a load while in transit to or
from any location that requires transport on City streets;
(4) failure to display a permit on any truck used for recyclable
materials;
(5) being observed by the Director of Public Works or his duly
appointed representative commingling solid waste with recyclable material
and thereby transporting solid waste as an unauthorized solid waste
contractor; or
(6) when a recyclable material generator terminates the letter of
certification referenced in section 34- 62(b).
If the Director of Public Works revokes the permit of a hauler, the hauler must
surrender all permits that have been issued to him by the Public Works Division.
Operating under a revoked or expired permit is a violation of this section.
(i) Restoration of Revoked Permit. A hauler may appeal the revocation of his
permit to the City Manager or his duly appointed representative in writing within
five (5) days of the date of revocation; the City Manager or his duly appointed
representative shall have the authority to reverse or uphold the revocation or
establish terms by which the permit may be restored. The decision of the City
Manager or his duly appointed representative shall be final. If a permit has been
revoked due to illegal dumping by a hauler, the permit may only be restored with
the payment of a restoration fee. If a permit revocation is upheld by the City
Manager or his duly appointed representative, the private hauler of recyclable
materials may only obtain a new permit, as follows:
(1) after the first revocation: the applicant for a permit must make
payment of a restoration fee as determined from time -to -time by the city
council; and
(2) after the second or subsequent upheld revocation, a hauler may not
obtain a new permit under this article for twelve (12) calendar months from
the date of revocation.
(j) Transferability. The permit is not transferable. A permit shall be required
for each hauler desiring to provide service on a case -by -case basis.
Sec. 34 -63. Transport of refuse.
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(a) Refuse collected by persons other than the agent designated by the City
shall be transported in vehicles which are covered by a metal top, screening or
canvas or in such other manner so as to prevent the escape of any particle of
refuse. Refuse escaping from such a truck shall be deemed as litter, and the
driver shall be responsible for littering.
(b) Haulers from any locale other than the City using the streets of the City
shall be required to use similarly suitable vehicles and to be responsible for the
containment of the contents, as provided in subsection (a), above.
Sec. 34 -64. Prohibited acts.
(a) Pilfering, scattering contents or meddling with garbage, recyclables,
rubbish, brush or collection containers or receptacles by any person other than
the owner, occupant or authorized agent is prohibited.
(b) It shall be unlawful for any person to deposit any burning match, charcoal,
ember or other burning material in any collection container or receptacle used for
the disposal of garbage, recyclable material, rubbish, or brush.
(c) It shall be unlawful for any person to deposit any materials not included in
the definitions of garbage, recyclable material, rubbish and brush in any
collection container or receptacle used for the disposal of garbage, recyclable
material, rubbish or brush.
(d) It shall be unlawful for any unauthorized person, other than the
commercial customer or its employees or agents, to deposit any materials in a
commercial collection container or receptacle.
(e) It shall be unlawful to deposit solid waste generated from within the
corporate City limits in any place other than a landfill designated in this chapter
unless authorized by the executive Director of Public Works or his duly appointed
representative.
(f) It shall be unlawful to store or place in a screening enclosure that is
provided for garbage and /or recycling containers and /or receptacles any debris,
solid waste or any other item for storage that is not a solid waste and /or a
recycling container and /or receptacle.
(g) It shall be unlawful to bring in waste for disposal from outside of City of
Schertz City limits.
Sec. 34 -65. Diversion of recyclable materials.
(a) Individual residents may remove recyclable material from their own
residences; provided that the recyclable materials are secured as provided in
section 34- 63(a).
(b) It shall be unlawful for any person, including, without limitation, a resident
or commercial business customer, to cause a diversion of recyclable materials at
any location in violation of State law.
(c) No person, including, without limitation, a resident or commercial business
customer, may contract for the diversion of recyclable materials with a person
who is not a permitted hauler in compliance with section 34 -60.
Sec. 34 -66. Wastes from tree - trimming operations.
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It shall be the duty of any person employing a contractor, tree - trimmer, or
other person to trim or prune trees or shrubs to have said trimmings removed
from the premises at his own expense.
Sec. 34 -67. Applicability of state law.
The provisions of this article are adopted under V.T.C.A., Health and
Safety Code ch. 361.
(a) The regulations promulgated in this article cover all aspects of municipal
solid waste management under the authority of the State and are based primarily
on the stated purpose of Vernon Texas Statue and Codes, Health and Safety
Code ch. 361, as amended, hereafter referred to as the Texas Solid Waste
Disposal Act. The owner or operator of a municipal solid waste landfill (MSWLF)
facility shall comply with any other applicable federal rules, laws, regulations or
other requirements.
(b) All permits, including any special provisions therein, issued by the
applicable State Department shall remain in force after the effective date of the
ordinance from which this article is derived. To the extent that a standard has
been changed by this article, the permittee may continue to operate under
standards contained in previously issued permits, except for those requirements
mandated by EPA 40 C.F.R. §§ 257 and 258, as amended, which implement
certain requirements of subtitle D of the Resource Conservation and Recovery
Act (RCRA). For those Federally mandated requirements, the permittee is under
an obligation to apply for a change to his permit in accordance with Federal and
State law, as applicable, to incorporate the required standard. Timely submission
of a request for a permit change qualifies the owners or operators of existing
MSWLF units for interim status. MSWLF facility owners or operators with interim
status are treated as having been issued a permit modification or amendment
until the Executive Director makes a final determination on the permit
modification request or the commission makes a final determination on the permit
amendment request. Facility owners or operators with interim status must comply
with the requirements of this article upon the effective date of this article.
(c) A permit or license shall be required for each municipal solid waste
(MSW) unit, as required by applicable law, and the City Manager, at his
discretion, may include one or more different types of units in a single permit if
the units are located at the same facility.
(d) The following are some of the rules with which the City's Public Works
Director should have a working knowledge:
(1) 30 Tex. Admin. Code ch. 281. This chapter describes how a permit
application, amendment or modification is processed and approved;
(2) 30 Tex. Admin. Code ch. 305. The chapter details the preparation
and form of permits, applications, amendments and modifications;
(3) 30 Tex. Admin. Code ch. 330. This chapter outlines municipal solid
waste management rules. This is the principle rule municipal solid waste
managers utilize; and
(4) 30 Tex. Admin. Code ch. 335. This chapter outlines rules covering
management of hazardous waste, both industrial and municipal. It also outlines
how industrial solid waste is handled and when it can be deposited in municipal
solid waste landfills.
(e) Regional and local plans. Every region in the State is completing a
regional plan. The regions are defined by the existing regional Councils of
Government established by the State Legislature. These regional plans outline
important data in analyzing the solid waste needs or to help with problem solving.
El
The regional or local plan should be consulted for guidance or consistency in
solving a problem or deciding on a course of action. In either case, the solid
waste manager should be consistent with the plan, or seek amendment to the
plan, before proceeding to implement a solution.
Sec. 34-68. Enforcement.
The provisions of this article shall be enforced by the Director of Public
Works or his duly appointed representative, and it shall be unlawful for any
person to interfere with or hinder the Director of Public Works or his duly
appointed representative in the exercise of his duties under this article.
Notwithstanding any provisions contained herein to the contrary, the Director of
Public Works or his duly appointed representative are hereby granted the
authority to issue immediate citations to persons violating any provision of this
article.
Sec. 34 -69. Offense.
(a) Any person violating or failing to comply with any provision or requirement
of this article, who continues to violate or fails to comply with same, shall also be
deemed guilty of a misdemeanor and, upon conviction thereof, shall be fined in
an amount not to exceed $2,000.00, such offenses listed herein being violations
of the health and safety ordinance of the City. A separate offense shall be
deemed committed upon each day during or on which a violation or failure to
comply occurs or continues to occur. This section shall be in addition to and
cumulative of the provisions for abatement by the City of any nuisance created
by the violation of this ordinance and the charging of the cost of abatement of
said nuisance against the owner of the property.
(b) Notwithstanding the foregoing, any violation of any provision of this article
which constitutes an immediate danger or threat to the health, safety and welfare
of the public may be enjoined in a suit brought by the City for such purpose.
(c) In addition to any other remedies or penalties contained herein, the City
may enforce the provisions of this article pursuant to the applicable provisions of
Vernon Texas Statues and Codes, Local Government Code Ch.54, which
chapter provides for the enforcement of municipal ordinances.
(d) Allegation and evidence of a culpable mental state is not required for the
proof of an offense defined by this article."
Section 3. The Code of Ordinances of the City of Schertz, Article III Solid
Waste, Appendix A, Schedule of Fees, is hereby amended and
shall read as follows:
"APPENDIX A — SCHEDULE OF FEES
ARTICLE III - SOLID WASTE.
Sec. 34 -70. Sanitation service deposits and fees.
Sec. 34 -71. Residential collection regulations.
Garbage Collection Fees 1 201415
Residential:
Class I: Residential, Single Family, per month
im
Special Pickup:
Move Ins, Special Tree Trimmings, oversize $16.30
materials, & similar circumstances; minimum
Class IA:
Residential, Front Curb, per month $17.08
Class 113: $11.70
Once a week residential pick -up in selected
areas. (Contractor will provide a 96 gallon
cart at no charge); per month
Class II: Mobile Horne Parks $9.33
Mobile Home Parks (2 or more mobile homes)
(based on number in park on the 15th day of the month),
per unit /monthly
Class III: Apartments $9.33
per unit /monthly
Class IV: Motels $4.12
per unit /monthly
2 Commercial
Class V: $14.81
Offices, barber shops and
Professional services, per month
Class VI: $25.54
Light retail, wholesale, commercial
or industrial, 2000 to 4000 square feet
and excluding large grocery stores, etc., per month
Class VII: $37.09
Medium retail, wholesale
commercial or industrial (2000 to 4000
square feet and exclude large grocery store, etc.), per month
2 Cart, 1 pickup per week $38.29
Class VIII:
Heavy Volume retail wholesale, commercial, or industrial
(placement determined by a time and cost study of
im
11.70
2 Cart pick up
17.53
3 Cart Pick up
23.38
4 Cart Pick up
29.22
Recycling Fee, per month /container
$ 1.93
Special Pickup:
Move Ins, Special Tree Trimmings, oversize $16.30
materials, & similar circumstances; minimum
Class IA:
Residential, Front Curb, per month $17.08
Class 113: $11.70
Once a week residential pick -up in selected
areas. (Contractor will provide a 96 gallon
cart at no charge); per month
Class II: Mobile Horne Parks $9.33
Mobile Home Parks (2 or more mobile homes)
(based on number in park on the 15th day of the month),
per unit /monthly
Class III: Apartments $9.33
per unit /monthly
Class IV: Motels $4.12
per unit /monthly
2 Commercial
Class V: $14.81
Offices, barber shops and
Professional services, per month
Class VI: $25.54
Light retail, wholesale, commercial
or industrial, 2000 to 4000 square feet
and excluding large grocery stores, etc., per month
Class VII: $37.09
Medium retail, wholesale
commercial or industrial (2000 to 4000
square feet and exclude large grocery store, etc.), per month
2 Cart, 1 pickup per week $38.29
Class VIII:
Heavy Volume retail wholesale, commercial, or industrial
(placement determined by a time and cost study of
im
refuse generation and collection. The categories in
this class usually require hand loading from rooms or
pens and would not apply when commercial containers
are used.)
A. Two weekly pickups of 1.5 cubic yard containers,
excluding large grocery, furniture or department
stores, per month $65.91
B. Two weekly pickups of 3 cu. Yard containers,
excluding large grocery, furniture or department stores,
etc., per month $131.80
C. Three weekly pickups of 3 cu. Yard containers,
excluding large grocery, furniture or department stores,
etc., per month $205.95
D. Four weekly pickups of 4 cu. Yard containers,
including large grocery, furniture or department stores,
etc., per month $247.11
E. Five weekly pickups of 4 cu. Yard containers,
including large grocery, furniture or department stores,
etc., per month $329.49
F. Six weekly pickups of 4 cu. Yard containers,
including large grocery, furniture or department stores,
etc., per month $411.92
G. Customer requiring more than four (4) cu.
Yds each pickup would be charged per cu.
Yds. Collected., per yard $4.56
3. Commercial Containers.
CONTRACTOR will provide commercial containers
to those customers who desire to use them in lieu
of garbage cans. The use of such CONTRACTOR
provided containers is required by this contract.
Rates for containers and pickup will be based
on the following table:
Container Size: Frequency of Pickup
2013 - 14/2014 -15 1 2 3
4
5
6
2 cu. Yard $56.06 $95.46 $115.30
$131.81
$148.29
$164.75
3 cu. Yard $67.57 $121.89 $168.06
$192.73
$217.48
$242.17
4 cu. Yard $83.98 $145.02 $197.69
$238.87
$280.09
$321.28
in
6 cu. Yard $118.66 $ 197.69 $271.86 $346.02 $420.08 $494.24
8 cu. Yard $140.06 $255.36 $354.18 $453.06 $552.61 $650.78
10 cu. Yard $161.43 $296.51 $420.08 $527.23 $634.28 $741.35
4. Roll -Off Rates Per Pull Open Top Containers - Dry Material
20 cu. Yard
30 cu. Yard
40 cu. Yard
Roll -off Rental (no pulls within billing cycle)
per container per month
Collection and Disposal of Municipal Wastes
5. Wet Material Rates on Compactor containers
or open top containers with wet material must be
negotiated with customers at the time they are
needed. This type of waste must be hauled to a
Type I landfill which generally has a higher
disposal rate attached to it.
Roll -off Container Delivery Charge per container
Roll -off Relocation or Trip Charge per container
2 cu. Yard compactor, per month (2 services per week)
Extra pick ups (2 yard compactor), each
4 cu. Yard compactor, per month (2 services per week)
30 cu yard Compactor, per pull
40 cu yard Compactor, per pull
30 cu yard Open -top (Recycle), per pull
Front -Load container extra pick -up charges
2 cu yard
3 cu yard
4 cu yard
6 cu yard
8 cu yard
10 cu yard
OVER WEIGHT CHARGE
im
$304.77
$362.42
$420.08
$126.02
$36.73
$36.73
$217.14
$82.33
$447.33
$551.91
$655.71
$205.82
$28.01
$35.01
$42.02
$49.02
$56.02
$63.01
To address non standard requests, the solid waste contractor can negotiate a fee
with the customer requesting the service. The City will collect 15% of the
negotiated fee per the franchise agreement.
Annual permit fee, per fiscal year ... $2500.00"
Section 4. All ordinances, orders or resolutions heretofore passed and
adopted by the City Council of the City of Schertz, Texas, are
hereby repealed to the extent that said ordinances, orders or
resolutions, or parts thereof, are in conflict herewith.
Section 5. If any section, subsection, clause, phrase or provision of this
Ordinance, or the application thereof to any person or
circumstance, shall to any extent be held by a court of competent
jurisdiction to be invalid, void or unconstitutional, the remaining
sections, subsections, clauses, phrases and provisions of this
Ordinance, or the application thereof to any person or
circumstance, shall remain in full force and effect and shall in no
way be affected, impaired or invalidated.
Section 6. This Ordinance shall become effective immediately upon its
passage and publication as provided by law, and it is accordingly
so ordained.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS, THAT
THIS ORDINANCE WAS PASSED and APPROVED on first reading this the day of
, 2015.
PASSED, APPROVED and ADOPTED on second reading this the day of , 2015.
City Secretary, Brenda Dennis
APPROVED AS TO FORM:
City Attorney
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Mayor, Michael Carpenter
Agenda No. 7
CITY COUNCIL MEMORANDUM
City Council Meeting: June 23, 2015
Department: Public Works
Subject: Ordinance 15 -F -18 — An Ordinance granting
Cibolo Waste Incorporated, DBA Bexar Waste
Inc., a Franchise for Municipal Solid Waste
Collection, Recycling, and Household Hazardous
Waste Collection and Disposal Program; imposing
provisions and conditions relating to the exercise
of same and providing for penalties not to exceed
$2,000 for violation thereof, repealing all
Ordinances or parts of Ordinances in conflict with
this Ordinance. First Reading.
Staff researched and reviewed the current Solid Waste Ordinance 13 -F -03 adopted on March 5, 2013
and found that it was out of date and was a combined Solid Waste Ordinance and Franchise Ordinance.
After researching benchmark cities, Staff determined that the best action for the City would be to have
a separate Franchise Ordinance and a separate Solid Waste Ordinance in lieu of a combination of the
two.
The City is responsible to protect its citizens against nuisances derived from solid waste by providing
solid waste handling services including, but not limited to, recycling and the collection, transfer and
disposal of solid waste; and the Texas Health and Safety Code, chapter 363, authorizes the City to
determine all aspects of solid waste handling which are of local concern, including, but not limited to;
frequency of collection, means of collection and transportation, level of services, charges and fees, and
nature, location and extent of providing solid waste handling services.
The City has had a two -year renewing exclusive franchise relationship with the Cibolo Waste
Incorporated, DBA Bexar Waste Incorporated. Staff recommends that the City Council approve
Ordinance 15 -F -18 awarding a Ten -Year Exclusive Franchise to Bexar Waste. Furthermore, staff has
reviewed the Franchisee's record of service and continues to be satisfied with the qualifications of the
Franchisee.
Community Benefit
To provide the City with an updated Solid Waste Franchise Ordinance that contains the proper
provisions that are needed in the best interest of the health, safety, and welfare of the citizens of the
City.
Summary of Recommended Action
Staff recommends Council approve Ordinance 15 -F -18 awarding a Ten -Year Exclusive Franchise to
Bexar Waste for waste collection for the City of Schertz on the first reading.
FISCAL IMPACT
No fiscal impact to approve the Franchise Ordinance. The City will continue the collection of
franchise fees with scheduled rate increases as outlined in the Ordinance.
RECOMMENDATION
Staff recommends Council approve Ordinance 1.5 -F -18 on first reading.
ATTACHMENT
Ordinance 15-F-18
AN ORDINANCE GRANTING CIBOLO WASTE INCORPORATED, DBA BEXAR
WASTE INC., A FRANCHISE FOR MUNICIPAL SOLID WASTE COLLECTION,
RECYLING, AND HOUSEHOLD HAZARDOUS WASTE COLLECTION AND
DISPOSAL PROGRAM; IMPOSING PROVISIONS AND CONDITIONS RELATING
TO THE EXERCISE OF SAME; AND PROVIDING FOR PENALTIES NOT TO
EXCEED $2000 FOR VIOLATION THEREOF; REPEALING ALL ORDINANCES OR
PARTS OF ORDINANCES IN CONFLICT WITH THIS ORDINANCE.
WHEREAS. It is found to be in the public interest and necessary to protect the health and safety
of the citizens of Schertz to have a municipal solid waste collection and disposal service in the
City of Schertz, Texas; and
WHEREAS, the City of Schertz is responsible to protect its citizens against nuisances derived
from solid waste by providing solid waste handling services including, but not limited to,
recycling and the collection, transfer and disposal of solid waste; and
WHEREAS, the Texas Health and Safety Code, chapter 363, authorizes the City to determine
all aspects of solid waste handling which are of local concern, including, but not limited to,
frequency of collection, means of collection and transportation, level of services, charges and
fees, and nature, location and extent of providing solid waste handling services; and
WHEREAS, pursuant to Ordinance No. 13 -F -03 the City has had a two -year renewing exclusive
franchise relationship with the Franchisee named below; and
WHEREAS, City staff recommends that the City Council award a Ten (10) -year exclusive
Franchise to the Franchisee; and
WHEREAS, the City Council has reviewed the Franchisee's record of service and continues to
be satisfied with the qualifications of the Franchisee;
NOW, THEREFORE, BE IT ORDANED BY THE CITY COUNCIL OF THE CITY OF
SCHERTZ, TEXAS;
This Ordinance shall be known and be cited as the Franchise Ordinance for Collection and
Disposition of Solid Waste and Recyclable Materials in the City of Schertz, Texas.
Section 1. Definitions
The words, terms and phrases, when used in this Ordinance, shall have the meanings ascribed to
them in the City's Code of Ordinances Section 34 -50, except where the context clearly indicates
a different meaning.
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Section 2. Exclusive Franchise Grant
The City hereby grants to the Franchisee, in accordance with the Cities Solid Waste Regulations
governing the collection and disposal of Municipal Solid Waste and Recyclable Materials, the
exclusive franchise, license and privilege to collect, haul and dispose of Municipal Solid Waste
and Recyclable Materials over, upon, along and across the City's present and future streets,
alleys, bridges and public properties. The City of Schertz reserves the right to grant additional
franchises for the collection and disposal of Recyclable Materials, to the extent necessary to
accomplish the objects of this ordinance along with the solid waste ordinance.
Section 3. Indemnifications, Insurance, Bonds, and Damage to City Streets
Failure of the Franchisee to comply with the provisions of this section shall be cause for
termination of this Franchise as set forth in this Ordinance.
Indemnification. The Franchisee agrees to indemnify and hold the City of Schertz, Texas and
all of its present, future and former agents, employees, officials and representatives harmless in
their official, individual and representative capacities from any and all claims, demands, causes
of action, judgments, liens and expenses (including attorney's fees, whether contractual or
statutory), costs and damages (whether common law or statutory), costs and damages (whether
common law or statutory, and whether actual, punitive, consequential or incidental), of any
conceivable character, for injuries to persons (including death) or to property (both real and
personal) created by, arising from or in any manner relating to the services or goods performed
or provided by Professional — expressly including those arising through strict liability or under
the constitutions of the United States or Texas — BUT ONLY TO THE EXTENT ALLOWABLE
BY SEC. 271.904(a) OF THE TEXAS LOCAL GOVERNMENT CODE AS APPLICABLE.
Insurance. The Franchisee agrees to carry general liability insurance naming the City as
additional insured in the minimum amount of $ 1,000,000 for each occurrence and $2,000,000
annual aggregate; automobile liability naming the City as additional insured in the amount of
$1,000,000 combined single limit, and worker compensation/employer liability insurance.
Such Policy or policies shall provide by endorsement that it may only be cancelled or amended
by the insurance company only after (30) days prior written notice to the City Manager.
Certificate or certificates issued by the insurer evidencing the coverage, cancellation, and
amendment provisions set forth in this Section 3a, must be submitted to and approved by the
City Attorney no later than the date of second and final reading of this ordinance, and a
certificate or certificates issued by the insurer confirming the continuing effectives of such
coverage, cancellation, and amendment provisions shall be submitted to the City Secretary no
later than January 10 of each year of this franchise commencing October 01, 2015.
Upon written request by the City Manager either the original policy (or policies) or copies
certified by the insurer must be delivered to the City Secretary.
Bonds. The Franchisee shall furnish an annually renewable bond to the City in the amount of
$300,000 guaranteeing the faithful performance of the Franchisee's obligations under the terms
2
of this Ordinance, which bond shall be in force no later than the date of second and final reading
and be subject to these requirements:
The bond shall be conditioned upon the requirement that the Franchisee shall well and truly
observe, fulfill, and perform each term and condition of this franchise and that in case of any
breach of condition of the bond, an amount (subject to the required dollar limits of the bond)
shall be recoverable from the principal and surety thereof by the City for all liquidated damages
for the failure of the Franchise to well and faithfully observe and perform any provision of this
Ordinance, and for any amount billed to the Franchisee by the City for the cost of the City's
performing or causing to be performed the Franchisee's obligations hereunder.
Such bond must provide by endorsement that it cannot be cancelled or amended by the bonding
company prior to (30) days' written notice to the City Manager.
Such bond shall be in form and contain such additional provisions as may be required by the City
Attorney.
Such bond shall be executed by the Franchisee as principal and one or more sureties approved by
the City Manager.
Either the bond or bonds or copies thereof certified by the surety must be on file with the City
Secretary of the City.
Damage to City Streets. Any damage to City Streets resulting from the Franchisee's vehicles
shall be the responsibility of the Franchisee. The City shall notify the Franchisee in writing of
the damages to streets, sidewalks, street signs and other public roads or structures. The
Franchisee shall have a reasonable period, dependent on the nature of damage, from the date of
the notice to replace and repair the damage to the satisfaction of the City. Failure for the
Franchisee to perform this duty shall serve as authorization for the City to repair the damage and
bill the Franchisee. Franchisee shall retain the right to defend against the claim of any such
damage if Franchisee is not the source or cause of the damage. Franchisee shall not be held
responsible for ordinary wear and tear to pavement and infrastructure caused by the normal and
customary garbage collection services provided by Franchisee.
Section 4. Minimum Quality and Performance Standards
Acceptance of this Ordinance by the Franchisee carries with it expectations of both efficiency
and quality of service by the Franchisee. The standards below are considered minimum
standards. Franchisee shall, at all times during the terms of this contract, be subject to all such
regulations as the City has or may hereafter adopt. In addition, Franchisee shall observe all state
and federal laws, rules and regulations relevant to collection, removal and disposal of solid
waste. Franchisee's failure to comply with ordinances and regulations of other municipal
jurisdictions, which affect Franchisee's ability to fulfill the terms of this contract, shall be
grounds for termination.
Quality of Service. Customer satisfaction is the ultimate measure of the quality of service. The
Franchisee will make every reasonable effort to insure the rate paying customer is treated with
K
due courtesy and respect. The property of the customer will be treated without abuse. Informal
complaints will be resolved as quickly as possible with the customer receiving the benefit of the
doubt. Formal complaints will be resolved as provided in section 9.
Equipment and Maintenance Thereof. All equipment, including motor vehicles and trucks
necessary for the performance by the Franchisee of this Ordinance shall, on the effective date of
the Franchise granted by this Ordinance, be in good condition and repair. Standby equipment
shall always be available. The trucks used in collection of Municipal Solid Waste shall be all
metal, water tight, with completely enclosed "Packer" type bodies that are designed and
manufactured for the collection of garbage and refuse.
Such collection vehicles shall be painted and numbered in letters of a contrasting color on each
side of the vehicle and maintained in a mechanically sound and safe condition. All vehicles shall
be kept in a clean and sanitary condition and shall be cleaned inside and outside at least once a
week. All vehicles also must display an official City of Schertz permit identification.
Times and Frequencies of Pickup and Holidays. The Franchisee shall make no collections in
residential areas prior to 7:00 am, and collections in business districts shall not be commenced
earlier than 6:00 am. When a business is within 500 feet of a residence, the residential area time
shall apply.
There shall be a once a week pickup of Municipal Solid Waste for all residential customers who
have been provided a uniform 96 gallon Waste container by the Franchisee at no charge to the
customer ( "Zone 1 "), unless customer requests additional cart containers and pays per fee
schedule, Garbage Collection Fees in Solid Waste Ordinance. If no such container has been
provided to a residential customer, there will be twice weekly pickup of Municipal Solid Waste
from such customers ( "Zone 2 "). The Franchisee shall provide the City an update from time to
time a current map of the City showing Zone 1 and Zone 2 residential customers. The number of
pickups may vary for commercial activities, which shall be established by separate contract
between the Franchisee and the customer. Upon written request by the City, the Franchisee shall
provide the City with a summary of all such commercial pickup arrangements.
Collection will be made for all residential account once a week for Zone 1 customers and twice
weekly for Zone 2 customers regardless of National or State holidays, except for Christmas Day,
New Year's Day, July 4, and Thanksgiving Day. The Franchisee may observe any or all the
holidays noted above. However, the Franchisee shall collect Municipal Solid Waste at least one
day per cycle during those weeks when holidays are observed.
Routes and Pickup Points.
The Franchisee will provide proposed routes for purposes of the collection of regular garbage,
small brush and limb pickup as follows:
Zone 1
Monday
Tuesday
Wednesday
El
Zone 2
Monday and Thursday
Tuesday and Friday
Wednesday and Saturday
The City must approve such routes prior to commencement of operations.
Types of Containers. Trash containers shall be watertight receptacles of solid and durable
grade of metal or plastic, not to exceed thirty (30) gallons in capacity except as set forth in this
Ordinance or plastic or other waterproof bags manufactured for the purpose of containing
garbage or refuse; the combined weight of the garbage and container shall not exceed seventy -
five (75) pounds. Containers shall be provided with suitable lifting handle or handles on the
outside and close- fitting cover equipped with a handle. The container must not have any inside
structures, such as inside bands, and reinforcing angles or anything within the container to
prevent free discharge of the contents. Containers that have deteriorated or that have been
damaged to the extent of having jagged or sharp edges capable of causing injury to garbage
collectors or other persons whose duty it is to handle the containers, or to such an extent that the
covers will not fit securely, need not be accepted by the Franchisee.
Special Pickups. The Franchisee shall invoice the City for all Special Pickups the Franchisee's
actual costs (which shall not include a Franchisee's overhead charge) for the City's use in
invoicing customers.
Brush and Trees. All brush and large trimmings to be collected by the Franchisee shall be
placed by customers at the curb line. Trees, brush, and limbs cannot exceed four inches (4 ") in
diameter nor five feet (5') in length. All limbs and brush must be in bundles not to exceed sixty
(60) pounds each. Leaves and grass clippings and small brush items are to be placed in cardboard
containers, plastic trash bags, or trash cans.
Dead Animals. Dead animals shall not be placed in trash containers. Dead animals in excess of
seventy -five (75) pounds are not required to be accepted by the Franchisee. Dead household pets
shall be picked up by the Franchisee at no charge. The City's animal services department will
pick up other dead small animals at no charge, and the Franchisee will in turn pick up those dead
small animals from the City's animal services department at no charge to the City. The
Franchisee shall pick up large dead animals located in a right -of -way. If such dead large animal
identifiably belongs to an individual or entity (i.e., a cow that has been identifiably branded or
tagged), such individual or entity shall pay the Franchisee the charge associated with the pick -up.
However, if the dead large animal does not identifiably belong to an individual or entity (i.e., a
wild deer), the City shall pay the cost for the pick -up. The owner shall be responsible for the
removal and disposal of large dead animals, such as cows, horses, mules, and goats.
Traffic Accident Debris. The Franchisee will provide 24 -hour a day, 7 days a week; pick up
service of debris resulting from traffic accidents upon telephone or radio notice from the City by
a police officer or other City employee. The Franchisee may invoice and collect from the
individual(s) or company(ies) involved in such traffic accident or their respective insurers for the
5
collection and disposal of accident materials. The Franchisee will have no obligation to remove
wrecked or disabled vehicles. If the Franchisee fails to adequately respond with a roll -off unit or
other suitable equipment (all as determined by the City) within one (1) hour, the Franchisee
agrees that the City may contact another person or entity of the City's choosing to remove such
debris, and all costs incurred by the City as a result thereof shall be reimbursed to the City by the
Franchisee within ten (10) business days of the City's invoicing of the Franchisee. In such case,
such person or entity shall not be required to hold a solid waste disposal franchise with the City.
Special Services. The Franchisee will provide services for special residential pickups, such as
new move -ins, tree trimming, and similar circumstances. The Franchisee may charge a fee for
this service to be billed by the City.
Area of Service and Interruption in Service. The Franchisee will collect MSW and recycling
material from all residences and MSW from all commercial businesses in the City not delinquent
in the payment for the authorized services provided, or as directed by the City.
In the event that the collection and disposal of MSW shall be interrupted by any reason for more
than forty -eight (48) hours, the City shall have the right to make temporary independent
arrangements for the purpose of continuing this necessary service to its citizens in order to
provide and protect the public health and safety. Costs of the temporary independent
arrangements shall be borne by the Franchisee and shall be reimbursed to the City by the
Franchisee within ten (10) business days of the City's invoicing of the Franchisee.
If the interruption in service described in the paragraph next above continues for a period of
thirty (30) days, the City shall have the right to terminate the rights and privileges granted in this
Ordinance.
Office Hours, Staffing, and Service Logs. The Franchisee shall establish and maintain an office
in the City with telephone service and shall keep said office open for business from 9:00 a.m. to
5:00 p.m. each and every day except Saturday, Sunday and legal national holidays, as a
minimum.
The office shall be staffed with sufficient competent personnel to handle calls and inquiries
during office hours. A daily log of all service calls, complaints and inquiries taken therein shall
be maintained by the Franchisee and be available to the City upon request.
Section 5. Temporary and Permanent Roll -Off Containers
Rocks, waste, scrap, building materials, or other trash resulting from construction or major
remodeling; resulting from a general cleanup of vacant or improved property just prior to its
occupancy; or resulting from sizable amounts of trees, brush, and debris cleared from property in
preparation for construction, will be removed by the Franchisee as part of the Franchisee's
regular service but rates will be derived from approved rates described in Section 15.
Section 6. Changes in Times and Routes of Collection
The City Council reserves the right to change or alter the times and routes of collection. The
Franchisee shall be given at least five (5) days' notice if any such action is scheduled to be
N
discussed by City Council. No changes in collection schedule or routes shall be made by the
Franchisee without approval by the City.
Section 7. Disposal of MSW
The Franchisee shall have the responsibility for the disposal of all MSW collected under this
Ordinance, and all of such materials shall be disposed of in compliance with the laws of the State
of Texas and/or the rules, regulations and standards established from time to time by the Federal
Government of the United States of America and the Texas Commission on Environmental
Quality.
Section 8. Services to the City.
City Property Pickup. The Franchisee will provide pickup twice weekly for the City at all City
properties at no cost to the City. Containers used by the City will be of the size and type
appropriate to the volume and characteristics of material.
Special City Events. The Franchisee will provide special pickup during not more than ten (10)
City annual events (designated each year by the City in writing to the Franchisee) at no charge.
Placement of containers will be at the direction of the Director of Public Works. The Franchisee
will provide one twenty (20) cubic yard roll -off container at no charge to the City for each such
event.
White Waste. Twice each year, the Franchisee will pick up White Waste.
The Franchisee will provide special pickup services daily at designated locations during the
Schertz Annual Spring Cleanup. This pickup will include large household appliances, furniture
(and other bulky items) tires or other material not normally collected during twice weekly
pickup. The dates will be established by the City. This service will be at no cost to the City or the
public. Notice of the Cleanup dates shall be published in local media at the expense of the
Franchisee.
The Franchisee will provide special pickup services daily at designated locations during the
Schertz Annual Fall and Spring Clean -ups. Scheduling will be at the discretion of the Franchisee,
with a minimum of 150 days between the Schertz Annual Spring Cleanup and the Schertz
Annual Fall Cleanup. This pickup will include large household appliances, furniture (and other
bulky items) tires or other material not normally collected during twice weekly pickup. This
service will be at no cost to the City or the public. Notice of the Cleanup dates shall be published
in local media at the expense of the Franchisee.
Household Hazardous Waste. Twice each year in conjunction with the Spring and Fall Clean-
up period, a program to collect and dispose of Household Hazardous Waste will be planned and
conducted by the Franchisee. The cost of this program will be borne by the Franchisee. The
Franchisee will provide documents detailing costs for each event and recommend adjustments to
the program based on participation levels and volume of material collected.
7
The Franchisee may, with approval by the City, engage a third party to collect and dispose of
Household Hazardous Waste where such materials constitute a serious health hazard or the
materials require special handling beyond the capabilities of the Franchisee. Any program
established will fully comply with the laws of the State of Texas and rules established by the
Texas Commission on Environmental Quality.
Biohazardous Waste. The Franchisee will make provisions for the disposal of biohazardous
waste resulting from City operations at no cost to the City.
Section 9. Duration of the Franchise, Renewal Options, and Termination
Term and Acceptance. Subject to the requirements relating to insurance and the performance
bond set forth in herein, this Ordinance and the rights, privileges, and authority hereby granted
shall take effect and be in force from and after final passage hereof, as provided by law, and shall
continue in force and effect for a term ending June 30, 2025, provided that, within thirty (30)
days after the adoption of this Ordinance on second reading, the Franchisee shall file with the
City its unconditional acceptance of this Ordinance and promise to comply with and abide by all
of its provisions, terms, and conditions. Such acceptance and promise in writing shall be duly
executed, and sworn to by an authorized official of the Franchisee on behalf of the Franchisee
before a notary public or other officer authorized by law to administer oaths. Failure to file such
acceptance shall render this ordinance void.
Termination. The City may terminate this franchise for failure by the Franchisee to comply
with the provisions of Section 3 of this Agreement. Upon the City's determination that the
Franchisee has failed to comply with any or all of such provisions of Section 3, the City may
notify the Franchisee in writing that it is exercising its right to terminate this franchise on thirty
(30) days' (or longer, at the option of the City) written notice to the Franchisee; provided, the
termination of this franchise by the City due to the Franchisee's failure to comply with Section.
3.a. shall not terminate the Franchisee's contractual obligations to the City and all agents,
officers, employees, and representatives of the City as set forth in this Ordinance.
The City may terminate this franchise as a result of the Franchisee having twenty -five (25) (5 per
year) unresolved complaints outstanding as set forth in this Ordinance. The City may notify the
Franchisee that it is exercising its right to terminate this franchise on thirty (30) days' (or longer,
at the option of the City) written notice to the Franchisee.
The City may terminate this franchise for failure by the Franchisee to comply with any other
provision of this Ordinance i£
• The City has notified the Franchisee in writing of such failure and the Franchisee has
failed to correct such failure to the satisfaction of the City within thirty (30) days (or
longer period, at the option of the City) of the receipt of such notice or
• The City has notified the Franchisee in writing of such failure twice within a six (6)
month period. Such termination shall be effective upon thirty (30) days' (or longer, at the
option of the City) by written notice to the Franchisee.
N.
Following receipt of notice of termination as listed above, the Franchisee shall be responsible for
continuing compliance with all provisions of this Ordinance until the effective date of
termination unless explicitly directed otherwise in writing by the City.
Section 10. Severability, Compliance with Applicable Laws, and Non - Contestability by
the Franchisee
Severability. If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is
for any reason held invalid or unconstitutional by any court of competent jurisdiction, such
portion shall be deemed a separate, distinct, and independent provision, and such holdings shall
not affect the validity of the remaining portions thereof.
City Regulations. At all times during the term of this Ordinance, the Franchisee shall be subject
to all lawful exercise by the City of its police power and to such reasonable regulations as the
City shall from time to time provide, pursuant to the exercise of such police power.
Rights of City. The Franchisee, by acceptance of this Ordinance, expressly acknowledges and
accepts the right of the City to issue such franchise and further agrees to fully comply with all
appropriate regulations promulgated by any appropriate government agency of competent
jurisdiction.
Section 11. Sale, Transfer, or Assignment of Franchise Rights or Assets
The Franchisee shall not sell, transfer, or assign its rights under this Ordinance, or substantially
all of its assets, to any other person or corporation without the prior written approval of the City
Council.
Section 12. Complaints and Resolution
Complaints from or by the public or a particular customer must be in writing and mailed (or
presented) to the City Manager or designated representative for action.
Section 13. Penalties.
The Franchisee will pay a penalty of not less than $25 or more than $200.00 for each customer
complaint not satisfactorily resolved. Satisfactory resolution will be determined by the City
Manager. The Franchisee may appeal to City Council, which will make a final determination.
The penalty will be deducted from the Franchisee proceeds the for billing cycle following City
Manager determination unless appealed, in which case City Council will provide further
instruction. Twenty -five (25) (five per year) unresolved complaints will be a basis for contract
review by City Council for possible franchise termination.
Section 14. Investigation and Public Hearing
The City Council shall have full power to examine or cause to be examined at any time, and at
all times, the books, papers and records of the Franchisee with relation to the operation of the
MSW collection system within the City of Schertz. In this connection, the City shall have the
right, through its City Council, to take testimony and compel the attendance of witnesses or the
M
production of books, papers and records and to examine witnesses under oath and under such
rules and regulations as it may adopt. If any officer, agent, or employee of the Franchisee refuses
to give testimony before the City Council, the City Council shall have power to terminate this
Ordinance.
Section 15. Notices
Where written notices are provided for in this Ordinance, same shall be sufficient to notify the
Franchisee if mailed by certified mail to the proper address as specified in this Ordinance and
shall be sufficient to notify the City if mailed by certified mail to City of Schertz, 1400 Schertz
Parkway, Schertz, Texas 78154, Attention: City Manager.
Section 16. Service Rates
Rates for services provided under this Ordinance are contained in the City's Fee Schedule set
forth each budget year. Fees are subject to change.
Section 17. Billing, Collection and Payment
For the purpose of convenience, the billing and collection of the charges levied for all MSW
service shall be done by the Utilities Department of the City, and all such fees shall be payable at
the Municipal Offices. The City will prorate a new customer service to the nearest half -month
charge relative to the commencement of service. (Service shall be considered commencing when
water is turned on to that customer). All charges shall be due and payable each month concurrent
with utility bills, and, if not paid on or before the due date, the City shall assess a ten percent
(10 %) penalty for delinquency and collection expenses. Utilities will be discontinued by the City
for lack of payment of any garbage bill or any part thereof.
Section 18. Franchise Fee.
The Franchisee shall be paid by the City at the rate of eighty -five percent (85 %) of the amount
collected, excluding penalties and accepting recycling fees, for each customer served for which
billing is made by the City. The Franchisee shall be paid what is due within ten (10) days after
closing date of each billing period with the last month payment hereunder to be made during the
first calendar month after the expiration of the term hereof or after the cancellation hereof, as the
case may be.
Section 19. Recycling
Frequency of Pickup. The Franchisee will collect recyclable material once each week from
residences wishing to participate. Each residence address will be charged a fee for this service,
whether participating or not. The Franchisee will transport such collected recyclables.
Recycling Containers. The Franchisee shall provide appropriate bins for recycling to each
residence at no charge. Bins will be replaced at the City's expense if the bins are stolen and a
police report corroborates the theft. Additional bins may be purchased by the homeowner or
resident at the City's cost.
[[17
Customer Participation. Participation in the recycling program is voluntary but highly
encouraged. Failing to actively participate does not relieve the homeowner or resident from
payment of recycling fees.
Recycling Proceeds. The proceeds from the Franchisee's sale of recycling materials shall be
retained by the Franchisee.
Commercial Recycling. Under the terms of this franchise the franchise shall not be subject to
any haul permit fees per vehicle.
Section 20. Legal Provisions
All Ordinances, Parts of Ordinances or Resolutions in conflict herewith are expressly repealed.
In the event that the City is required to take any legal action to enforce the terms and conditions
of this agreement because of the breach of or failure to perform any term of condition by the
Franchisee, the Franchisee agrees to pay all costs expended by the City including reasonable
attorney fees.
In the event of a natural disaster which the City is declared a disaster area by the State or Federal
Government, City shall have the right to dispose of rubbish and trash in any manner determined
by it to be in the best interests of the City.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS, THAT
THIS ORDINANCE WAS PASSED and APPROVED on first reading this the day of
, 2015.
PASSED, APPROVED and ADOPTED on second reading this the day of , 2015.
I_7I0IIMF.`1Ii
City Secretary, Brenda Dennis
APPROVED AS TO FORM:
City Attorney
11
Mayor, Michael Carpenter
Agenda No. 8
lei I M401004 Ed 1 010 [Q17_1►`111/lu l
City Council Meeting: June 23, 2015
Department: Parks
Subject: Ordinance No. 15 -T -19- — An Ordinance
by the City Council of the City of Schertz,
Texas authorizing a budget adjustment to the
Tree Mitigation Fund 31.9 (First
Reading) (B.James /K.Woodlee /C.VanZandt
BACKGROUND
The City desires to install landscaping in the newly renovated Schertz Soccer Complex located at
2600 Maske Road to compliment the many amenities and improvements on site. To date, this
project is approximately 98% complete (on the part of the contractor) with the landscaping still
to be accomplished by separate provider. The scope of this work includes the installation of
landscaping plants and materials (trees, ornamental trees, etc.), modification of the existing
irrigation system to accommodate a revised, UDC - compliant landscape plan, a quality assurance
program, a one (1) year materials warranty, and a one (1) year maintenance contract.
The project was publicly bid using a Request for Proposals (RFP) format. Only one (1) bid was
received for this project from Maldonado Nursery & Landscaping, Inc. Even though it was the
only bid received, based on Maldonado's experience, qualifications, reputation, capability,
experience with similar projects, and available resources, City staff is confident that this vendor
has the capability and resources to properly and effectively install the landscaping materials,
modify the existing irrigation system to accommodate the plantings, and guarantee /maintain the
landscape for a period of one (1) year.
FISCAL IMPACT
The (estimated) funding for this project was included in the Tree Mitigation Fund 319 budget for
FY 2014 -2015. The total dollars identified for this project was $71,525. At the time, the
funding estimate was based upon landscape installation with a one (1) year warranty; however,
that estimate did not include a one (1) year maintenance contract. Staff has determined that the
inclusion of a one (1) year maintenance contract does serve the best interest of the City of
Schertz by protecting our investment during this transition period in the Schertz Youth Soccer
Alliance taking over the maintenance of the fields.
The total funding for all projects indentified for FY 2014 -15 in Fund 319 is $116,125. To date,
Parks has expended $9,154 associated with the successful completion of the Arroyo Verde Tree
Planting Project. In addition, Council recently authorized the expenditure of $55,600 for the
Tree Pruning contract for Oak Forest, Cut -Off, and Woodland Oaks Parks. The remaining fund
balance (for this fiscal year) is now $51,371. The total cost of this contract is $148,184.47 or a
difference of $96,813.47.
The total fund balance amount in Fund 319 is $528,245.05; this expenditure represents less than
18.3% of the total available funds.
Staff recommends that $96,814 from the Fund 319 fund balance be transferred to the current,
active account. In addition, staff recommends Council approval of the first reading of Ordinance
15- T -1.9.
ATTACHMENTS
Ordinance 15 -T -19
AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF
SCHERTZ, TEXAS AUTHORIZING A BUDGET ADJUSTMENT TO THE
TREE MITIGATION FUND 319 TO PROCURE LANDSCAPE
INSTALLATION AND MAINTENANCE SERVICES FOR THE SCHERTZ
SOCCER COMPLEX LOCATED AT 2600 MASKE ROAD; REPEALING
ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT WITH
THIS ORDINANCE; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City has solicited Requests for Proposal to procure landscape installation
and maintenance services for the Schertz Soccer Complex located at 2600 Maske Road; and
WHEREAS, the City needs to adjust the Budget to allocate funds in Fund 319 in the
amount of $96,814 for the installation and maintenance services for landscaping at the Maske
Road Soccer Complex;
WHEREAS, City staff recommends that the City Council of the City adjust the Budget as
indicated to provide funding for the landscape installation and maintenance services Schertz
Soccer Complex; and
WHEREAS, the City Council of the City has determined that it is in the best interests of
the City to adjust the Budget for this purpose;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF SCHERTZ, TEXAS:
Section 1. The City shall increase the Budget in Fund 319 Tree Mitigation in the amount
of $96,813 through use of reserves.
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.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS, THAT
THIS ORDINANCE WAS PASSED and APPROVED on first reading this the day of
52015.
PASSED, APPROVED and ADOPTED on second reading this the day of , 2015.
Mayor, Michael Carpenter
ATTEST:
City Secretary, Brenda :Dennis
• � • •'
City Attorney
50558021.1 - 2 -
RESOLUTION NO. 15 -R -50
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SCHERTZ, TEXAS ACCEPTING THE NOMINATION FROM GILBERT
BROWN, COMMANDER OF THE COMBAT WOUNDED VETERANS
OF TEXAS, MILITARY ORDER OF THE PURPLE HEART
DEPARTMENT OF TEXAS, DESIGNATING THE CITY OF SCHERTZ
AS A "PURPLE HEART CITY."
WHEREAS, on June 8, 2015, the City of Schertz received a letter from Gilbert Brown,
Commander of the Combat Wounded Veterans of Texas, stating that a member of Alamo
Chapter 1836, Narciso Pulido, approached the Chapter Commander, Lorenzo Rodriguez, about
approving a declaration declaring the City of Schertz as a "Purple Heart City "; and
WHEREAS, the letter stated that it gives the Commander great pleasure to invite the
City of Schertz to issue a proclamation declaring that it is a "Purple Heart City "; and
WHEREAS, Many members of the Military Order of the Purple Heart who belong to
Alamo Chapter 1836 reside in the City of Schertz; and
WHEREAS, Alamo Chapter 1836 is the largest chapter in the Nation and the
Department of Texas has the largest number of members of the Military Order of the Purple
Heart of any state; and
WHEREAS, the Purple .Heart is the oldest award given by the United States military
services; and
WHEREAS, it is only awarded to members of the armed forces who are wounded or
killed by an armed enemy of the United States; and
WHEREAS, the forerunner of the "Purple Heart," the Bade of Military Merit, was first
awarded by General George Washington on August 7, 1782; and
WHEREAS, the Purple Heart was the first American service award or decoration made
available to the common soldier and is specifically awarded to any member of the United States
Armed Services wounded or killed in combat with a declared enemy of the United States; and
WHEREAS, the mission of the Military Order of Purple Heart, chartered by an act of
Congress, is to foster an environment of goodwill among the combat wounded veteran members
and their families, promote patriotism, support legislative initiatives and most importantly —
make sure we never forget our veterans; and
WHEREAS, the City of Schertz, Texas, has had several residents make the ultimate
sacrifice in all of the world wars since 1898 and has a number of residents that have been
awarded the Purple Heart for wounds received in combat; and
1
WHEREAS, the City of Schertz, Texas pledges to support those who have served in the
United States military and help veterans and active duty personnel, welcoming them into our
community, and assisting them when necessary and appropriately honor their services; and
NOW, THEREFORE, an official Proclamation will be presented and read on the 4th
July, 2015, . at the Schertz Jubilee Ceremonies naming the City of Schertz as a "Purple Heart City
in the State of Texas ".
PASSED AND APPROVED the day of , 2015.
ATTEST:
City Secretary, Brenda Dennis
MICHAEL R. CARPENTER, MAYOR
2
Agenda No. 9
CITY COUNCIL MEMORANDUM
City Council Meeting: June 23, 2015
Department: Mayor /Council
Subject: Resolution No. 15 -R -50 — Accepting the
nomination from Gilbert Brown,
Commander of the Combat Wounded
Veterans of Texas, Military Order of the
Purple Heart Department of Texas,
designating the City of Schertz as a "Purple
Heart City"
BACKGROUND
On June 8, 2015, . Mayor Carpenter, City of Schertz received a letter from Gilbert Brown,
Commander of the Combat Wounded Veterans of Texas, Military Order of the Purple Heart
Department of Texas, stating that a member of Alamo Chapter 1836, Narcisco Pulido,
approached the Chapter Commander, Lorenzo Rodrigues, about approving a declaration
declaring the City of Schertz as a "Purple Heart City."
This letter invited the City of Schertz to issue such a proclamation, in which the proclamation
will be read and presented at the July 4, 2015, Schertz Jubilee Ceremonies and accepts the honor
of being a "Purple Heart City ".
FISCAL IMPACT
None
RECOMMENDATION
Staff recommends Council approve Resolution No. 15 -R -50 accepting the nomination of
becoming a "Purple Heart City"
ATTACHMENT
Resolution No. 15 -R -50
Agenda No. 10
CITY COUNCIL MEMORANDUM
City Council Meeting: June 23, 2015
Department:
Subject:
BACKGROUND
Mayor /Council
Resolution No. 15 -R -51 — Adopting
Philosophy and Policy Statements
During the June 19, 2015 City Council Mid Budget Retreat, discussions were held regarding
adoption of philosophy and policy statements as it relates to the classification and compensation
study which was one of the budget priorities based on the March 6, 2015 . Pre- Budget Retreat.
At this meeting Council and Staff agreed to bring forward a resolution acknowledging support
and provide transparency.
FISCAL IMPACT
None
RECOMMENDATION
Staff recommends Council approve Resolution No. 15 -R -51
ATTACHMENT
Resolution No. 15 -R -51
RESOLUTION NO. 15 -R -51
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF
SCHERTZ, TEXAS ADOPTING PHILOSOPHY AND POLICY
STATEMENTS AND OTHER MATTERS IN CONNECTION
THEREWITH
WHEREAS, the City Council of the City of Schertz (the "City ") wishes to adopt
Philosophy and Policy Statements as it relates to the Classification and Compensation plan; and
WHEREAS, the City Council has determined that it is in the best interest of the City to
be transparent and adopt the plan and statements.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
Section 1. The City Council hereby authorizes the following be adopted regarding
the City's Philosophy Statement:
• The City of Schertz will provide
balancing other factors such a
benefits, training, and advancement.
competitive and sustainable wages while
recruitment, retention, staffing levels,
• We will continue our emphasis on pay for performance, while being
mindful of our fiscal responsibility and need to demonstrate taxpayer value.
• We will strive to provide internally equitable salaries and to be
transparent with information related to the pay structure and related
processes with all employees.
• Employee growth and engagement are our primary drivers for retention
Section 2. The City Council hereby authorizes the following be adopted regarding
the City's Classification and Compensation Implementation Plan:
• The City will conduct a full classification and compensation study on regular
intervals, typically every five years.
• The City will hold annual performance evaluations and award merit pay increases
based on the results.
• The City will strive to create a balanced approach combining annual Merit
increases and COLA increases, when possible.
• The City will communicate to all employees how the pay processes are
implemented, what the City's compensation goals are, when the effective dates of
future compensation are decided, and why compensatory related processes are put
into place.
Section 3. The City Council hereby authorizing the following be adopted regarding
the City's Classification and Compensation First Steps:
• The City's first implementation goal will be to adjust the compensation of
employees with lagging wages.
• The City's second implementation goal will be to provide a balance between
compensation and strategic staffing levels.
• The City's third implementation goal will be to provide an internally equitable
and externally competitive wage to all employees.
• The City's fourth implementation goal will be to provide meaningful and
competitive benefits to all employees.
Section 4. The recitals contained in the preamble hereof are hereby found to be true,
and such recitals are hereby made a part of this Resolution for all purposes and are adopted as a
part of the judgment and findings of the City Council.
Section 5. All resolutions, or parts thereof, which are in conflict or inconsistent with
any provision of this Resolution are hereby repealed to the extent of such conflict, and the
provisions of this Resolution shall be and remain controlling as to the matters resolved herein.
Section 6. This Resolution shall be construed and enforced in accordance with the
laws of the State of Texas and the United States of America.
Section 7. If any provision of this Resolution or the application thereof to any person
or circumstance shall be held to be invalid, the remainder of this Resolution and the application
of such provision to other persons and circumstances shall nevertheless be valid, and the City
Council hereby declares that this Resolution would have been enacted without such invalid
provision.
Section 8. It is officially found, determined, and declared that the meeting at which
this Resolution is adopted was open to the public and public notice of the time, place, and subject
matter of the public business to be considered at such meeting, including this Resolution, was
given, all as required by Chapter 551, Texas Government Code, as amended.
Section 9. This Resolution shall be in force and effect from and after its final
passage, and it is so resolved.
PASSED AND ADOPTED, this 23rd day of June, 2015.
CITY OF SCHERTZ, TEXAS
Mayor, Michael R. Carpenter
City Secretary, Brenda Dennis
(CITY SEAL)