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12-01-2015 Agenda with backupCity Council Agenda REGULAR SESSION CITY COUNCIL December 1, 2015, 6:00 P.M. HAL BALDWIN MUNICIPAL COMPLEX COUNCIL CHAMBERS 1400 SCHERTZ PARKWAY BUILDING #4 SCHERTZ, TEXAS 78154 "HOLIDAY TREE LIGHTING CEREMONY" TO OCCUR BEFORE THE COUNCIL MEETING 6:00 P.M. Call to Order — City Council Regular Session - 6:45 p.m. (After Holiday Tree Lighting Ceremony) Opening Prayer and Pledges of Allegiance to the Flags of the United States and State of Texas. (Reverend Linda Montgomery Schertz United Methodist Church) City Events and Announcements • Announcements of upcoming City Events (B. James/D. Wait /B. Cantu) • Announcements and recognitions by City Manager (J. Kessel) PrPCPntntinn • Presentation and update from the Alamo Area Council of Governments (AACOG) (B. James /Gloria Vasquez) Hearing of Residents 12 -01 -2015 Council Agenda 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. Workshops • Discussion regarding the City Council's Rules of Conduct and Procedure to include discussion regarding procedures of excusing Council absences. (Item requested by Mayor Carpenter) 0 Discussion regarding Pay Day Loans. (Item requested by Councilmember Thompson) (B. James) • Discussion regarding the Schertz Chamber of Commerce Funding. (Item requested by Mayor Carpenter and Councilmember Azzoz) (Continuation from the November 17, 2015 Council meeting) • Discussion regarding setting dates for the December City Council meetings due to the holidays. 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 Special Meeting of November 16, 2015, and Regular Meeting of November 1.7, 2015. (J. Kessel /B. Dennis) 2. Ordinance No. 15 -M -40 — Consideration and /or action approving an Ordinance ordering and declaring the 2015 Charter Amendments Adopted. Final Reading (B. Dennis /C. Zech) 3. Ordinance No. 1.5 -M -41 — Consideration and /or action approving an Ordinance adopting criminal penalties for violation of the City Charter. Final Reading (B. Dennis /C. Zech) 12 -01 -2015 City Council Agenda Page - 2 - Discussion and Action items 4. Resolution No. 15 -R -100 — Consideration and/or action approving a Resolution casting votes to elect Directors for the Comal County Appraisal District for the 2016 -2017 Term. (B. Dennis /Mayor & Council) 5. Resolution No. 15 -R -101 — Consideration and/or action approving a Resolution casting votes to elect Directors for the Guadalupe County Appraisal District for the 2016 -2017 Term. (B. Dennis /Mayor & Council) 6. Resolution No. 15 -R -102 — Consideration and/or action approving a Resolution casting votes to elect Directors for the Bexar County Appraisal District for the 2016 -2017 Term. (B. Dennis /Mayor & Council) 7. Resolution No. 15 -R -107 — Consideration and /or action approving a Resolution authorizing an agreement with Developer for Construction of Public Improvement associated with the Wynter Hill Subdivision project. (B. James /K. Woodlee) 8. Resolution No. 15 -R -108 — Consideration and /or action approving a Resolution approving an Engineer and Design Contract with Ford Engineering regarding the Northcliffe Water Line Improvements. (D. Wait /S. Willoughby /C. Raleigh) 9. Resolution No. 15 -R -93 — Consideration and/or action approving a Resolution authorizing a Standard Professional Services Agreement between the City of Schertz Economic Development Corporation and Ford Engineering, Inc., relating to engineering and design for the property located at 1300 Schertz Parkway. (J. Kessel /K. Kinateder) Roll Call Vote Confirmation Requests and Announcements 10. Announcements by City Manager • Citizen Kudos • Recognition of City employee actions • New Departmental initiatives 11. Future Agenda Item Request for City Council: This is an opportunity for City Council members to request that items be placed on a future agenda. No discussion of the merits of the item may be taken at this time. Should a Council Member oppose placement of the requested item on a future agenda, the Mayor, without allowing discussion, shall ask for the consensus of the other City Council members to place or not place the item on a future agenda. 12 -01 -2015 City Council Agenda Page - 3 - 1.2. Announcements by Mayor and Councilmembers • City and community events attended and to be attended • City Council Committee and Liaison Assignments (see assignments below) • Continuing education events attended and to be attended • Recognition of actions by City employees • Recognition of actions by community volunteers Upcoming City Council agenda items Adjournment CERTIFICATION I, BRENDA DENNIS, CITY SECRETARY OF THE CITY OF SCHERTZ, TEXAS, DO HEREBY CERTIFY THAT THE ABOVE AGENDA WAS PREPARED AND POSTED ON THE OFFICIAL BULLETIN BOARDS ON THIS THE 24th DAY OF NOVEMBER 2015 AT 1:00 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. grewoa DevuV is 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. Ifyou 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. 12 -01 -2015 City Council Agenda Page - 4 - COUNCIL COMMITTEE AND LIAISON ASSIGNMENTS Mayor Carpenter Mayor Pro -Tem Fowler — Place 1 Audit Committee Interview Committee for Boards and Commissions Interview Committee for Boards and Commissions Schertz Housing Board Liaison Investment Advisory Committee Randolph Joint Land Use Study (JLUS) Executive TIRZ II Board Committee Schertz Seguin Local Government Corporation Councilmember Azzoz — Place 2 Councilmember John — Place 3 Animal Control Advisory Committee Lone Star Rail District Sweetheart Advisory Committee Councilmember Edwards — Place 4 Councilmember Thompson Place 5 Audit Committee Audit Committee Hal Baldwin Scholarship Committee Investment Advisory Committee Interview Committee for Boards and Commissions Cibolo Valley Local Government Corporation 12 -01 -2015 City Council Agenda Page - 5 - 1 ! Section 1. That the City Council Rules of Conduct and procedure are amended as follows. When a Council Member has no legal obligation to abstain from voting then an abstention shall be recorded in the minutes as an abstention and shall procedurally be treated as i vote. Section 2. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Ordinance for all purposes and are adopted as a part of the judgment and findings of the Council. CITY OF SCHERTZ CITY COUNCIL RULES OF CONDUCT AND PROCEDURE These Rules of Conduct and Procedure (these "Rules ") are intended to provide an understandable and workable structure for City Council meetings. These Rules shall serve to aid the conduct of public business at Council meetings, to facilitate communication at Council meetings among Councilmembers and between Councilmembers and City staff and members of the public, and to promote confidence in the citizens that their government is performing its duties with the highest of ethical standards and with a genuine interest in the well -being of the community. There Rules are in all events subject to the City Charter and applicable provisions of State law, including the Texas Open Meetings Act. As a part of these Rules, the Council has established the following Code of Conduct for the Mayor and all Councilmembers: • Address the merits of the issues no personal attacks • Focus on representing the interests of all citizens. • Attempt to resolve personal conflicts among Councilmembers internally before speaking publicly. • Assume positive intentions — don't look for hidden agendas. • Observe the City's written Rules of Conduct and Procedure. • When others are speaking, listen with an open mind. • Recognize that inappropriate public disclosure of confidential information can be detrimental to the City and its citizens. • Understand that "majority rules ". Once a vote is taken, if you were in the minority agree to disagree and move on. Recognize that a majority view, when expressed in a vote, becomes an expression of City policy. • Coordinate all requests of the City staff through the City Manager. 02 -10 -2015 Revised 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 • and remain controlling as to the matters resolved herein. Section 4. This Ordinance shall be construed and enforced in accordance with the laj tf 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 t Ordinance is adopted was open to the public and public notice of the time, place, and I subj matter of the public business to be considered at such meeting, including this Ordinance, w given, all as required by Chapter 5 5 1, 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. 1, 11950151FIRM PASSED, APPROVED and ADOPTED ON SECOND READING, the 10th day of February, 2015. ka-?6';r', Michael R. Carpenter City Secretary, Brenda Dennis TABLE OF CONTENTS 3.1 Page 3.2 ARTICLE 1. 3.3 Recessed Meetings .............................................................................. ............................... 2 AUTHORITY Adjourned Meetings ............................................................................ ............................... 2 1.1 City Charter ......................................................................................... ............................... 1 1.2 Effective Date; Amendment ............................................................... ............................... 1 ARTICLE 2. 4.1 Mayor ................................................................................................... ..............................3 GENERAL RULES Call to Order ....................................................................................... ............................... 3 2.1 Meetings to be Public .......................................................................... ............................... 1 2.2 Quorum ............................................................................................... ............................... 1 2.3 Minutes of Meetings ........................................................................... ............................... 1 2.4 Questions to Contain One Subject ...................................................... ............................... 1 2.5 Right to the Floor ................................................................................ ............................... 1 2.6 City Manager ...................................................................................... ............................... 1 2.7 City Attorney ...................................................................................... ............................... 2 2.8 City Secretary ...................................................................................... ............................... 2 2.9 Officers and Employees ...................................................................... ............................... 2 2.10 Rules of Order ..................................................................................... ............................... 2 2.11 Suspension of Rules ............................................................................ ............................... 2 2.12 Amendment to Rules ........................................................................... ............................... 2 2.13 Matters Not Addressed by Rules ........................................................ ............................... 2 ARTICLE 3. TYPES OF MEETINGS 3.1 Regular Meetings ................................................................................ ............................... 2 3.2 Special Meetings ................................................................................. ............................... 2 3.3 Recessed Meetings .............................................................................. ............................... 2 3.4 Adjourned Meetings ............................................................................ ............................... 2 3.5 Executive Sessions .............................................................................. ............................... 2 3.6 Emergency Meetings .......................................................................... ............................... 3 ARTICLE 4. PRESIDING OFFICER AND DUTIES 4.1 Mayor ................................................................................................... ..............................3 4.2 Call to Order ....................................................................................... ............................... 3 4.3 Preservation of Order .......................................................................... ............................... 3 4.4 Rulings by Presiding Officer .............................................................. ............................... 3 4.5 Questions to be Stated ......................................................................... ............................... 3 4.6 Substitution of Mayor ......................................................................... ............................... 3 ARTICLE 5. APPOINTMENT PROCEDURES 5.1 Appointment Procedure for the Mayor Pro Tern ................................ ............................... 3 5.2 Appointment Procedure for a Councilmember ................................... ............................... 4 02 -10 -2015 Revised 1 TABLE OF CONTENTS (continued) 9.1 Page 9.2 ARTICLE 6. 9.3 Motion Procedures .............................................................................. ............................... 8 ORDER OF BUSINESS Point of Privilege ................................................................................ ............................... 9 6.1 Agenda ................................................................................................ ............................... 5 6.2 Communication to Mayor and Council ............................................... ............................... 5 6.3 Approval of Minutes ........................................................................... ............................... 6 6.4 Presentations by Members of Council ................................................ ............................... 6 6.5 Consent Agenda .................................................................................. ............................... 6 10 ARTICLE 7. To Amend ......................................................................................... ............................... 10 CONSIDERATION OF ORDINANCES, RESOLUTIONS, AND MOTIONS To Limit or Close Debate or "Call the Question" ............................. ............................... 7.1 Printed, Typewritten, or Electronic Form ........................................... ............................... 6 7.2 City Manager Review ......................................................................... ............................... 6 7.3 City Attorney to Approve ................................................................... ............................... 6 7.4 Funding ............................................................................................... ............................... 6 7.5 Reading of Caption Only .................................................................... ............................... 6 7.6 Ordinances -Two Readings; Emergencies ........................................ ............................... 6 7.7 Recording of Votes ............................................................................. ............................... 7 7.8 Vote Required ..................................................................................... ............................... 7 7.9 Tie Vote .............................................................................................. ............................... 7 7.10 Numbering Ordinances and Resolutions ............................................ ............................... 7 7.11 Ordinance Passage Procedure ............................................................. ............................... 7 ARTICLE 8 RULES OF DECORUM 8.1 Recognition by presiding officer ........................................................ ............................... 7 8.2 Order ................................................................................................... ............................... 7 8.3 Presiding Officer ................................................................................. ............................... 7 8.4 Improper References to be Avoided ................................................... ............................... 8 8.5 Interruptions ........................................................................................ ............................... 8 ARTICLE 9. MOTIONS AND MEETING PROCEDURES 9.1 Motions ........................... ............................... ..................................... ............................... 9.2 Debate ................................................................................................. ............................... 8 9.3 Motion Procedures .............................................................................. ............................... 8 9.4 Point of Privilege ................................................................................ ............................... 9 9.5 Point of Procedure or Order ................................................................ ............................... 9 9.6 To Appeal a Ruling ............................................................................. ............................... 9 9.7 To Recess ................................................................................... ............................... 9&10 9.8 To Withdraw ..................................................................................... ............................... 10 9.9 To Postpone or Extend ...................................................................... ............................... 10 9.10 To Refer ............................................................................................ ............................... 10 9.11 To Amend ......................................................................................... ............................... 10 9.12 To Limit or Close Debate or "Call the Question" ............................. ............................... 10 9.13 To Count the Vote ............................................................................. ............................... 11 9.14 To Take Action or Reconsider an Action; Main Motions ................ ............................... 11 02 -10 -2015 Revised ii TABLE OF CONTENTS (continued) Page 9.15 To take action or Rescind motion ..................................................... ............................... 11 9.16 To Take Action; Main Motions ........................................................ ............................... 11 9.17 Effect of Abstentions ........................................... .............................11 & 12 ARTICLE 10. ENFORCEMENT OF DECORUM 10.1 Warning ............................................................................................... .............................12 10.2 Removal .............................................................................................. .............................12 10.3 Resisting Removal ............................................................................ ............................... 12 10.4 Motions to Enforce ........................................................................... ............................... 12 10.5 Adjournment ..................................................................................... ............................... 12 ARTICLE 11. CREATION OF COMMITTEES, BOARDS, AND COMMISSIONS 11.1 Standing Committees ........................................................................ ............................... 12 11.2 Special Committees ................................................................. ............................... 12 & 13 ARTICLE 12. CITIZENS' RIGHTS 12.1 Addressing the Council ..................................................................... ............................... 13 12.2 Manner of Addressing the Council — Time Limit ............................. ............................... 13 12.3 Personal and Slanderous Remarks .................................................... ............................... 13 12.4 Public Hearings ................................................................................. ............................... 13 12.5 Written Communications .................................................................. ............................... 13 12.6 Hearing of Residents ......................................................................... ............................... 14 ARTICLE 13. COUNCIL AND STAFF RELATIONS 13.1 City Manager to Provide Information ............................................... ............................... 14 13.2 City Manager's Responses to Requests ............................................ ............................... 14 13.3 Directions to City Manager ............................................................... ............................... 15 13.4 City Manager's Duty to Inform ........................................................ ............................... 15 13.5 Customer Concerns ........................................................................... ............................... 15 13.6 City Manager /Council Relations ....................................................... ............................... 15 02 -10 -2015 Revised iii ARTICLE 1. AUTHORITY 1.1 City Charter. Section 4.09 (d) of the City Charter provides that the Council shall, by ordinance, determine its own rules and order of business. 1.2 Effective Date; Amendment. These Rules shall be in effect upon their adoption by the Council and until such time as they are amended or new rules are adopted. In the event of a conflict between these Rules and the Charter, the Charter shall govern over these Rules. In the event of a conflict between these Rules and State law, State law shall take precedence. ARTICLE 2. GENERAL RULES 2.1 Meetings to be Public. All meetings of the Council and all meetings of committees composed of a quorum of the Council shall be open to the public as provided by State law, except when State law allows closed or executive sessions for certain limited topics. 2.2 Quorum. Three members of the Council, not including the Mayor, shall constitute a quorum. In the absence of the Mayor, the Mayor Pro Tem or other presiding officer shall be counted for purpose of determining the existence of a quorum. If a quorum is not present, those in attendance will be named, and they may recess to a later time as permitted by State law or may hear business before them, taking no official action. 2.3 Minutes of Meetings. An account of all proceedings of the Council shall be kept by the City Secretary and shall constitute the official record of the Council. Such minutes, after being approved by the Council (except any closed or executive session portion), shall be open to public inspection. The City Secretary shall provide an index showing the action of the Council in regard to all matters before to it at both regular and special meetings. A recording or "certified agenda" of each closed or executive session shall be made and maintained as required by State law. 2.4 Questions to Contain One Subject. All questions submitted for a vote shall contain only one subject. If two or more subjects are involved, any Councilmember may require a division, if the subjects can be reasonably divided. 2.5 Right to the Floor. Subject to Section 8.5, any Councilmember or member of City staff desiring to speak shall be recognized by the Mayor (or the presiding officer in the Mayor's absence) at an appropriate time, and shall confine his /her remarks to the subject under consideration or to be considered. 2.6 City Manager. The City Manager or the Acting City Manager shall attend all meetings of the Council unless excused. The City Manager may make recommendations to the Council and shall have the right to take part in all discussions of the Council, but shall have no vote. The City Manager shall be notified of all special meetings of the Council. 02 -10 -2015 Revised I 2.7 Ci!y Attorney. The City Attorney shall attend all meetings of the Council as required by the Council or as requested by the City Manager, an s 1, upon request o e Counci or the City Manager, give an opinion, either written or oral, on questions of law, 2.8 Ci1y Secretary. The City Secretary or the Deputy City Secretary shall attend all meetinz of the Council, unless excused, and shall keep the official minutes. I F— 9 Officers and Em ficer or employee of the City, when requested by the ployees. Any of City Manager, shall attend meetings of the Council. If requested to do so by the City Manager, they shall present information relating to matters before the Council. 2. 10 Rules of Order. Part 8 of these Rules shall govern the proceedings of the Council 2.11 Suspension of Rules. Any provision of these Rules -not required by the Charter or Sta law may be temporarily suspended by a majority vote of the Councilmembers who a present. The vote of each person on any such suspension shall be entered in the minutesi 2.12 Amendment to Rules. These Rules may be amended, or new rules adopted, by a duly adopted ordinance. 2.13 Matters Not Addressed by Rules. Issues of the conduct • procedure of public meetings not addressed by these Rules, the Charter, or State law shall be determined by the Mayor (or the presiding officer in the Mayor's absence). 1 Regular Meetings. The Council shall hold regularly scheduled meetings as provided by the Code of Ordinances, Part 11, Section 2-2. The Council may also hold regularly scheduled meetings which may be designated by the Council as "workshop" sessions. 3.5 Executive Sessions. Executive or closed sessions may only be held in accordance with State law. 02-10-2015 Revised 2 3.6 Emergency Meetings. In case of emergency or urgent public necessity, an emergency meeting may be called as a special meeting as set forth in Section 3.2, however, an emergency meeting may not be held unless authorized by, and notice is given in accordance, with State law. ARTICLE 4. PRESIDING OFFICER AND DUTIES 4.1 Mayor. The Mayor, if present, shall preside as Mayor at all meetings of the Council. In the absence of the Mayor, the Mayor Pro -Tem shall preside. In the absence of both the Mayor and the Mayor Pro -Tem, the most senior Councilmember (by time of service on the Council) present shall be the chairperson. 4.2 Call to Order. Each meeting of the Council shall be called to order by the Mayor, or in the Mayor's absence, by the Mayor Pro -Tem. In the absence of both the Mayor and the Mayor Pro -Tem, the meeting shall be called to order by the most senior Councilmember (by time of service on the Council) present. 4.3 Preservation of Order. The presiding officer shall preserve order and decorum, prevent personalities from becoming involved during debate or the impugning of members' motives, and confine Councilmembers in debate to the question under discussion. 4.4 Rulings by Presiding Officer. The presiding officer shall rule on points of privilege, points of procedure or order, and withdrawals of motions, subject to the right of any member to appeal to the Council as set forth in Article 9 of these Rules. See Sections 9.3, 9.4, 9.5, 9.6, and 9. 8. 4.5 Questions to be Stated. The presiding officer shall state all questions submitted for a vote and announce the result. A roll call vote shall be taken on all votes. 4.6 Substitution of Mayor. In the event the Mayor must relinquish the chair, the Mayor shall call upon the Mayor Pro -Tem to preside if the Mayor Pro -Tem is present. If the Mayor Pro -Tem is not present, the Mayor may call upon the most senior Councilmember (by time of service on the Council) present to preside, but such substitution shall not continue beyond adjournment of that meeting. ARTICLE 5. APPOINTMENT PROCEDURES 5.1 Appointment Procedure for the Mayor Pro Tem. (a) The Council will discuss, and with a majority vote, appoint the Councilmember to serve as the Mayor Pro Tem for the City. (b) The appointed Mayor Pro Tem must be a Councilmember and must meet the qualifications of Section 4.02 of the City Charter. In addition, to be appointed to the position of Mayor Pro Tem, a Councilmember must be an elected member of Council. 02 -10 -2015 Revised 3 (c) Term dates for the Mayor Pro Tern position will begin in February and August of each year (the election dates offset by three (3) months). Terms will sequentially rotate according to Councilmember place. (d) If the Councilmember place that is up for appointment as Mayor Pro Tern is vacant or is held by a Councilmember who is not qualified to serve as Mayor Pro Tem, the Mayor Pro Tern appointment will go to the next qualified Councilmember. (e) The position will have a term of office of six (6) months. (f) The appointed Mayor Pro Tern may be removed by Council by a two- thirds (2/3) majority vote of the members of Council at any time during his or her term. (g) Council reserves the right to alter this procedure at any time by resolution or rule. 5.2 Appointment Procedure for a Councilmember. (a) The Council may appoint a Councilmember to a vacant seat as authorized by Section 4.06 of the City Charter. (b) The Council will announce and advertise on the City's website and in the City's newspaper of record that applications are being accepted for a vacant position on Council. (c) A due date for applications to be submitted will be set. (d) Applicants must meet the qualifications for a Councilmember set forth in Section 4.02 of the City Charter. (e) Applications will be received by the City Secretary's office and distributed to all Councilmembers. (f) An interview date will be set and posted for a public meeting. (g) Interviews of prospective candidates will be held in a public forum by a quorum of Councilmembers. (h) Councilmembers will discuss, and appoint by majority vote, the new member of Council at either the same meeting as the interviews or at a subsequent Council meeting. (i) The Council is the final judge of whether a candidate is qualified to serve as a Councilmember as set forth in Section 4.03 of the City Charter. 0) Council reserves the right to alter this procedure at any time by resolution or rule. 02 -10 -2015 Revised 4 ARTICLE 6. Jilt J (a) Information Required. Any item to be on the agenda must be provided to th,� City Manager pursuant to a procedure established and modified by the City Manager from time to time. Each item on the agenda must contain sufficient information so that full disclosure • the item to be addressed is present so as to alert the Council and the public of the topic to be considered. (b) Order of Listing Items, Sponsor and Responsible Staff. The agenda shall list all items for consideration in a format recommended by the City Manager. The name of the person or persons placing an item on the agenda and the name of any expected staff presenter shall be stated on the agenda. (d) Copy Available to Public. A copy of the agenda, with or without attachments as determined by the City Manager, shall be made available to the public at City Hall prior to the meeting. Copies of the agenda shall be available to the public at the meeting. (e) Order; Exceptio . The ordinances, resolutions, and other proposed actions shall be taken up and disposed • by the Council in the order listed in the agenda, subject to the right of the presiding officer to take up matters in a different order. 1,.2 Communication to Mgyor and Council. The City Manager shall provide the Council with a copy of each ordinance or resolution and appropriate analysis of items proposed to be acted upon by the Council at a meeting. These communications shall be delivered to the 02-10-2015 Revised 5 Mayor and Councilmembers along with the agenda. This information should also be retained by the Mayor and Councilmembers until such time as the item is finalized. Staff members, in making presentations to Council at a meeting of the Council, should endeavor to restrict their presentations to five (5) minutes, excluding responses to questions by the Mayor and/or Councilmembers. 6.3 Approval of Minutes. Minutes may be approved without public reading if the City Secretary has previously furnished the Mayor and each Councilmember with a copy thereof, ARTICLE 7. CONSIDERATION OF ORDINANCES, RESOLUTIONS, AND MOTIOA 7.1 Printed, Typewritten, • Electronic Form. All ordinances and resolutions shall is presented to the Council only in printed, typewritten, or electronic form. 7.2 City Manager Review. All ordinances and resolutions shall be reviewed by the City Manager or his designee. 7.3 City Attorney to Approve. All ordinances and resolutions shall be approved as to form and legal content by the City Attorney, when requested by the Mayor or the City Manager. 7.4 Funding. All actions authorizing an expenditure of money shall include the exact source of the fiinds to be expended. 7.5 Reading of Caption Only. Upon being introduced, each proposed ordinance or resolution shall be read by caption only. 7.6 Ordinances—T Readin , Emer encies. Ordinances introduced at a Council meeting shall not be finally acted upon until at least the next regular meeting, except that 02-10-2015 Revised 6 immediate action may be taken upon an emergency as determined by the Council in accordance the Charter or State law. 7.7 Recording of Votes. The ayes and nays shall be taken upon the consideration of all ordinances and resolutions and shall be entered in the minutes of the Council. 7.8 Vote Required. Approval • every ordinance, resolution, • motion, unless otherwis-' required by these Rules, the Charter, or State law, shall require the affirmative vote three (3) Councilmembers who are present and eligible to vote. I 7.9 Tie Vote. In the event of a tie in votes on any motion, the Mayor shall cast the decisive vote in accordance with Section 4.05 of the C arter. Other ounci mern •ers acting as presiding officer shall not be restricted to voting only in the event of a tie. 7.10 Numbering Ordinances and Resolutions. After approval of a resolution or an ordinance on second reading or on a single reading as an emergency, the City Secretary shall assign a number to each ordinance • resolution within the records of the City. 02-10-2015 Revised 7 8.4 Improper References to be Avoided. When a Councilmember has the floor pursuant to Section 2.5 or 8.5, he /she shall avoid all references to personalities and indecorous language. 8.5 Interruptions. A Councilmember, once recognized, shall not be interrupted by the Mayor or another Councilmember when speaking unless it is to raise a point of privilege (Section 9.4) or a point of procedure or order (Section 9.5), or to enter a motion to withdraw a previously- stated motion (Section 9.8), or as otherwise provided in these Rules. If a Councilmember, while speaking, is interrupted as set forth herein, the Councilmember so interrupted should cease speaking until the question is determined. ARTICLE 9. MOTIONS AND MEETING PROCEDURES 9.1 Motions. A Councilmember, after he /she obtains the floor, or the Mayor may make a motion on the particular subject of discussion or a procedural point as permitted. A "Second" to the motion, if required, must be made by a Councilmember who did not make the motion within a reasonable but brief time period. The Mayor may not "Second" a motion. A motion or a "Second" merely implies that the maker of the motion and the person who "Seconds" agree that the motion should come before the meeting and not that he /she necessarily favors the motion. Without a "Second ", if required, the motion dies. 9.2 Debate. Debate, if permitted, must be limited to the merits of the issue under discussion as stated by the presiding officer. 9.3 Motion Procedures. There are twelve (12) types of motions in three (3) categories: Meeting Conduct Motions (4 types), Disposition Motions (7 types), and Main Motions(1 type) *. When any motion is pending, any motion listed above it on the chart below is in order; those below it are out of order. Sections 9.3 through 9.14 are included by permission of Donald A. Tortorice, The Modern Rules of Order, ABA Publishing, 2nd Edition. 02 -10 -2015 Revised 8 Affirmative May Resolved Vote by 3 Interrupt Second by Chair Council- 2/3 Motion Speaker Required Debatable Amendable No Vote members Vote A. Meeting Conduct Motions 1. point of privilege yes no no no yes no no 2. point of procedure or order yes no no no yes no no 3. to appeal a ruling no yes yes no no yes no 4. to recess no yes yes yes no yes no B. Disposition Motions 5. to withdraw yes no no no yes no no 6. to postpone no yes yes yes no yes no 7. to refer no yes yes yes no yes no Sections 9.3 through 9.14 are included by permission of Donald A. Tortorice, The Modern Rules of Order, ABA Publishing, 2nd Edition. 02 -10 -2015 Revised 8 8. to amend no yes yes yes no yes no 9. to limit or close debate or "call the question" no yes yes yes no no yes 10. to extend debate no yes yes yes no yes no 11. to count the vote no yes no no no ** no no C. Main Motions 12. to reconsider yes yes if original motion was debatable no no yes no 13. to rescind no yes yes yes no no yes 14. to take action no yes yes yes no Yes * ** no 9.4 Point of Privilege. A point of privilege, sometimes called a point of personal privilege, is a communication from a Councilmember to the presiding officer, drawing urgent attention to a need for personal accommodation. For example, the point may relate to an inability to see or hear, a matter of comfort, a matter of requested convenience, or an overlooked right of privilege that should have been accorded to the Councilmember(s). In essence, it is a call to the presiding officer for the purpose of assuring a Councilmember's convenient and appropriate participation in the meeting. Because of its urgent nature, a point of privilege can interrupt a speaker. Because it is addressed to the attention of and action by the presiding officer, it cannot be debated or amended, and no vote is required. 9.5 Point of Procedure or Order. A point of procedure, sometimes called a point of order, is a question addressed to the presiding officer, no seconding is required, and either inquiring into the manner of conducting business or raising a question about the propriety of a particular procedure. It is simply an inquiry and is resolved by correction or clarification by the presiding officer. A point of procedure can interrupt a speaker. Because it is addressed to the attention of and action by the presiding officer, a second is not required, and it cannot be debated or amended, and no vote is taken. 9.6 To Appeal a Ruling. Decisions or rulings of the presiding officer are final on questions of procedure, except that any ruling by the presiding officer's ruling can be appealed to a vote of the Council. Whenever a Councilmember questions the appropriateness or essential fairness of the presiding officer, that member can appeal the ruling to a vote of the meeting. If, however, a motion is out of order as a matter of law (not a proper subject of the meeting, improper notice given, etc.), the presiding officer's ruling cannot be appealed. A motion to appeal cannot interrupt a speaker. To prevent frivolous appeals, a second is required. The motion is subject to debate (which should be brief) and, by its nature, is not amendable. To overrule a procedural decision of the presiding officer, an affirmative vote of three (3) Councilmembers is required. 9.7 To Recess. A motion to recess requests a brief interruption of the meeting's business, usually so that an ancillary matter can be addressed, or simply to provide a needed break. *` Mandatory if seconded; no vote required 02 -10 -2015 Revised 9 Unless stated in the motion, the period of recess is decided by the presiding officer. If necessary, a recess can extend the meeting from one day to another, subject to State law. The motion cannot interrupt a speaker, and a second is required. It is debatable, it can be amended, and an affirmative vote of three (3) Councilmembers is required. 9.8 To Withdraw. Only the maker of the motion can make a motion to withdraw it. It is essentially a communication to the presiding officer that the maker is withdrawing his/her proposal. This is the maker's privilege; thus, it does not require a second. Because the withdrawal motion obviates discussion, it can interrupt a speaker. In addition, because another Councilmember later can make a similar motion, a withdrawal motion is not subject to debate, amendment, or vote. The presiding officer should simply state that the motion is withdrawn, and the meeting should proceed with a new treatment of the issue at hand —or a new issue. 9.9 To Postpone or Extend. These motions may arise from a need for further information, a matter of convenience, or for any other reason that will enable the Council to deal with the issue more effectively during the same meeting or at a later time. Unless otherwise specifically provided in the motion itself, a postponed or extension motion can be renewed at a later appropriate time during the meeting or, if properly posted, at a later meeting. This motion cannot interrupt a speaker. It requires a second, it is debatable, and it is amendable (particularly as to postponement, timing), and an affirmative vote of three (3) Councilmembers is required. 9.10 To Refer. A motion to refer is typically used to submit an issue to a committee, usually for study leading to a subsequent recommendation. Because it ordinarily disposes the motion for purposes of the current meeting, a motion to refer is subject to the same rules that apply to a main motion. (See Section 9.14). This motion cannot interrupt a speaker, and a second is required. It is debatable and amendable, and an affirmative vote of three (3) Councilmembers is required. 9.11 To Amend. A motion to amend proposes a change in the wording of a motion then under consideration. When a motion to amend is pending and an amendment to the amendment is proposed, the presiding officer should focus discussion on the latest amendment, resolve that question, then proceed to the first amendment before continuing discussion on the main motion. Votes on amendments are thus in reverse order of the sequence in which they are proposed. A motion to amend cannot interrupt a speaker. It requires a second, and it is debatable and amendable. An affirmative vote of three (3) Councilmembers is required for approval of the amendment. Note that State law may restrict amendments to proposals that are required to be set forth in the notice of the meeting. 9.12 To Limit or Close Debate or "Call the Question ". Because the extent to which an issue is discussed rests primarily with discretion of the presiding officer, it is the presiding officer who carries the burden of ensuring that adequate time and discussion are given to differing points of view. A motion to limit or close debate is therefore an overruling of the presiding officer's determination. A motion to close debate is the same as a motion to "call the question ". Because this motion affects the most fundamental right of any Councilmember, the right to speak one's views, it is the only procedural motion that requires an affirmative vote of two - thirds of participants voting. 02 -10 -2015 Revised 10 9.13 To Count the Vote. A motion to count the vote should be limited to those circumstances where the convenient hearing of "yeas" and "nays" cannot clearly resolve the issue. It represents the right of a Councilmember to have a vote demonstrated by count. That count can be directed by the presiding officer either as a showing of hands or a standing of voting members while the vote is recorded. Upon completion of the count, the presiding officer announces the result —and final disposition of the issue voted upon. This motion cannot interrupt a speaker. It requires a second; it is neither debatable nor amendable; and, because of the importance of the matter, it should be considered mandatory; thus, no vote is required. 9.14 Motion to Reconsider. Allows a main motion to be brought back before the City Council for consideration. May be made only at the meeting at which the vote to be reconsidered was taken. It may be made by any member of City Council. Any City Council member may second it. It can be made while any other question is pending, even if another member has the floor. It requires a majority vote to pass. A motion may only be reconsidered twice. If the reconsideration is moved while another subject is before the City Council, it cannot interrupt the pending business, but, as soon as the pending business has been disposed of the motion has the preference over all other main motions and general business of the agenda. In such a case the Mayor does not state the question on the reconsideration until the immediately pending business is completed. 9.15 Motion to Rescind. The motion to rescind is a main motion without any privilege, may only be made when there is nothing else before the City Council and must be made at the same meeting at which the subject matter of the motion was considered and it requires a two- thirds vote of the City Council members. It cannot be made if a motion to reconsider has been previously made. The motion to rescind can be applied to votes on all main motions with the following exceptions: votes cannot be rescinded after something has been done as a result of that vote that the City Council cannot undo; or, where a resignation has been acted upon, or one has been appointed to, or expelled from, a committee or office, and was present or was officially notified. In the case of expulsion, the only way to reverse the action afterwards is to restore the person to the committee or office, which requires the same preliminary steps and vote as is required for the original appointment. 9.16 To Take Action; Main Motions. Main motions state proposed policy or action on a substantive issue being considered by the Council. As such, the motion is an initial call to take particular action. Although lowest in precedence among all motions, main motions are clearly the most important: through their content, the business decisions of the Council are determined. A main motion can be made only when a prior main motion has been disposed of. It cannot interrupt a speaker; a second is required; it is debatable and amendable; and an affirmative vote of three (3) Councilmembers is required unless a greater vote is prescribed by the Charter or State law. 9.17 Effect of Abstentions; action on required Abstentions; Effect of non - required Abstentions. The following rules shall apply when a Council Member abstains from voting on an item: When the Council Member is Legally gated to Abstain. 02 -10 -2015 Revised I I When a Council Member is legally obligated to abstain from voting pursuant to Texas Local Government Code Chapter 171, a local ordinance or the City Charter then the Council Member shall leave the dais and exit City Council Chambers until such time as the debate and vote on the item has been concluded. The City Secretary shall record that t1te Cooncil Verrbei-lk-.-t the room When a Council Member has no legal obligation to abstain from voting then an abstention shall be recorded in the minutes as an abstention and shall procedurally be treated as a "no" vote. 10.2 Removal. Any designated sergeant-at-arms shall carry out all orders and instructions given by the presiding officer for the purpose of maintaining order and decorum at the Council meeting. Upon instruction of the presiding officer, it shall be the duty of the sergeant-at-arms to remove from the meeting any person who intentionally disturbs the proceedings of the Council (or successor provision of law). 10.3 Resisting Removal. Any person who resists removal by the sergeant-at-anns shall b* charged with violating Section 42.05 (a) of the Texas Penal Code. 10.4 Motions to Enforce. Any Council member may move to require the presiding officer to enforce these Rules and the affirmative vote of a majority of the Councilmernbers present and eligible to vote shall require the presiding officer to do so. 10.5 Adjourninent. Tn the event that any meeting is willfully disturbed by a person or groups of persons so as to render the orderly conduct of such meeting unfeasible and when order cannot be restored by the removal of the individuals who are creating the disturbance, the meeting may be adjourned and the remaining business considered at the next regular or a special meeting or, subject to State law, may be recessed to a set time and date. ARTICLE 11. CREATION OF COMMITTEES, BOARDS, AND COMMISSIONS 11.1 Standiniz Committees. The Council may create committees, boards and commissions to assist in the conduct of the operation of the City government with such duties as the Council may specify not inconsistent with the Charter, the Code of Ordinances, or State 02-10-2015 Revised 12 law. Membership and selection of members shall be as determined by the Council if not specified by the Charter, the Code of Ordinances, or State law. No person may concurrently serve on more than one Board unless, by virtue of his /her position on the Council, he /she also holds a position on another Board. Persons related within the second degree by affinity or consanguinity to the Mayor or any member of the Council shall not be eligible to serve on a standing committee. No standing committee so appointed shall have powers other than advisory to the Council or to the City Manager, except as otherwise specified by the Charter, the Code of Ordinances, or State law. 11.2 Special Committees. The Council may, as the need arises, authorize the appointment of "ad hoc" Council committees. Except where otherwise specifically provided by the Charter, the Mayor and the City Council shall appoint the members of the special committees. Any committee so created shall be given a "mission statement" directing its activities. Any special committee shall cease to exist upon the accomplishment of the special purpose for which it was created or when abolished by a majority vote of the Councilmembers present and entitled to vote. ARTICLE 12. CITIZENS' RIGHTS 12.1 Addressing the Council. Any person desiring to address the Council by oral communication shall first secure the permission of the presiding officer. 12.2 Manner of Addressing the Council — Time Limit. Each person addressing the Council shall speak at the podium into the microphone (or at another designated location), shall give his /her name and address in an audible tone of voice for the record, and, unless further time is granted by the Council, shall, subject to Section 12.4 below, limit his /her remarks to three (3) minutes or less. All remarks shall be addressed to the Council as a body, and not to any individual member thereof. No person, other than members of the Council or City staff (when requested by the presiding officer) and the person having the floor, shall be permitted to enter into any discussion, either directly or through the members of the Council, unless requested or approved by the presiding officer. No questions shall be asked the Councilmembers, except through the presiding officer. Responses to questions may be limited as required by State law. 12.3 Personal and Slanderous Remarks. Any person making personal, impertinent, or slanderous remarks, or who shall become boisterous, either while addressing the Council or otherwise while in attendance at a Council meeting, may be requested to leave the meeting, pursuant to Article 10 of these Rules, and may be removed from the meeting if necessary for the conduct of the remainder of the meeting. 12.4 Public Hearings. After being recognized by the presiding officer, interested persons, or their authorized representatives, may address the Council with respect to the subject matter of a public hearing being conducted. The presiding officer may establish procedures at a public hearing to limit the amount of time (which, unless modified by the presiding officer, shall be as set forth in Section 12.2 above) interested persons may speak, subject to the Councilmembers' right to appeal the presiding officer's ruling pursuant to Section 9.6. Subject to modification by the presiding officer, and subject to the Councilmembers' right of appeal pursuant to Section 9.6, the normal order of a public 02 -10 -2015 Revised 13 hearing is as follows: (i) the opening of the hearing and the establishment, if any, of a modified public hearing procedure by the presiding officer; (ii) address to the Council by any interested person(s); (iii) discussion by the Mayor and Councilmembers, including requests for information from City staff or any person(s) who addressed the Council; and (iv) action by the Council, if any is posted on the agenda relating to the hearing. 12.5 Written Communications. Interested persons, or their authorized representatives, may address the Council by written communication in regard to any matter concerning the City's business or over which the Council has control at any time by direct mail or by addressing the City Secretary, who shall, on the request of the writer, distribute copies to the Councilmembers. ARTICLE 13. COUNCIL AND STAFF RELATIONS 13.1 Cjjy Manager to Provide Information. The City Manager is directly responsible for providing information to all the Councilmembers concerning any inquiries by a specific Councilmember. If the City Manager or his staffs time is being dominated or misdirected by a Councilmember, it is his responsibility to inform the Mayor or 'the Council as a whole. 13.2 CAY Manager's Responses to Requests. The City Manager is expected to respond in timely manner to the Council and Councilmember's requests. When inforrmation requested, the City Manager will estimate a reasonable time frame for collecting requested information. I (a) If the City Manager disagrees with the request, he should say so and explain his position. (b) If the City Manager disagrees with individual directives, he should initiate clarification of the Council's will with regard to the individual Councilmember's request. 02-10-2015 Revised 14 (c) The City Manager may delegate responsibility for the response as necessary and appropriate, but the City Manager will be responsible for its receipt by the Council in a timely manner. (d) The City Manager should maintain a checklist and timetable for requests and other directives of the Council. (e) All Councilmembers will be provided the same written information when any matter under consideration may be of general concern to the Council. There will be no preferential dissemination of information by the City Manager or his staff. 13.3 Directions to City Manager. During meetings of the Council, unless a vote is taken, a consensus of the Councilmembers present will be required to direct the City Manager to take any action. 13.4 City Manager's Duty to Inform. The City Manager is responsible for keeping the Council informed. The Council should be provided weekly reports outlining progress on outstanding issues as well as information on new issues and opportunities. Additionally, the Council should be informed of City news prior to release of such information to the community, newspaper(s), or other governmental entities, etc. 13.5 Customer Concerns. It is the responsibility of the City Manager to establish procedures for handling customer concerns in all departments with prompt feedback to citizens and Councilmembers. 13.6 City Manager /Council Relations. The City Manager should strive to maintain positive relations with the Council by following these guidelines: (a) Work to establish mutual trust with the Council. (b) Maintain open lines of communication with the Council and keep Council informed. (c) Inform all Councilmembers of educational opportunities, recognizing that an educated Council is in the City's best interest. (d) Include the Council in City- sponsored employee social events. (e) Conduct orientation sessions for new Councilmembers, including a tour of City buildings and introductions to staff. Amended: November 12, 2014 02 -10 -2015 Revised 15 CITY COUNCIL MEMORANDUM City Council Meeting: December 1, 2015 Department: Subject: City Secretary Minutes Agenda No. 1 The City Council held a Special meeting on November 16, 2015 and held a Regular meeting on November 17, 2015. FISCAL IMPACT None RECOMMENDATION Staff recommends Council approve the minutes of the Special meeting of November 16, 2015 . and the minutes of the Regular meeting of November 17, 2015 ATTACHMENTS Minutes — Special Meeting November 16, 2015 and Regular meeting of November 17, 2015. MINUTES REGULAR MEETING November 17, 2015 A Regular Meeting was held by the Schertz City Council of the City of Schertz, Texas, on November 17, 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 Grumpy Azzoz Councilmember Cedric Edwards Staff Present: Executive Director Brian James Executive Director Bob Cantu City Secretary Brenda Dennis Cali to Order — City Council Regular Session Mayor Pro -Tem Fow Councilmember Dar3 Councilmember RON City M, Executi City At, Mayor Carpenter called the meeting to order at 6:01 p.m. (Councilmember Thompson) Councilmember Thompson provided the openiii flags of the United States and the State of Texas. Wait the pledges of allegiance to the Wait /B. Cantu) Director Brian James who provided the following • ' Wednesday, November 18,` Crossvine Gives Back + Community Lending Libraries, Schertz Library - ' Crossvine will be donating books through the City's Library, start time is 11:30 a.m. • Wednesday, November 18, Viewing for Ms. Lula Mae Schertz, 5:00 -9:00 p.m., Schertz Funeral Home" • Thursday, November 19, Burial for Ms. Lula Mae Schertz is graveside at Sunset Cemetery at 1.1:00 a.m., 1.701 Austin Hwy, San Antonio. • Thursday, November 19, Texas Tri- County Chamber of Commerce's Elected Official Reception, 6:00 p.m. — 10:00 p.m., Blue Bonnet Palace, 17630 Lookout Road, Selma, RSVP to txtricountychamber @ gmail.com. • Thursday, November 26, 2015, Schertz Turkey Trot, 5K run/walk, begins at Bluebonnet Palace parking lot, 6:45 a.m. registration, 8:00 a.m. 5K -Run /Walk • Thursday & Friday, November 26 & 27, Thanksgiving Holidays, City Offices are closed. 11 -17 -2015 Minutes Page - 1 - • Tuesday, December 1, Ribbon Cutting for Advanced Allergy, Asthma, & Immunology Center, 500 Schertz Pkwy -Ste. 401, 5 -6 p.m. • Tuesday, December 1, Monthly Chamber Luncheon, Schertz Civic Center, 11:30 a.m. - 1:00 P.M. SAVE THE DATE: • Friday, December 4, City Council Team Building Retreat, 8:00 a.m. -4:00 p.m. GVEC Operations Center, 6400 IH 10 West. Please respond your attendance to the City Secretary's Office. • Thursday, December 10, Schertz- Cibolo- Universal City ID, Combined Community Advisory Meeting, 6 -8 p.m., Meeting will be held in the CUCISD Board Room. Please RSVP your attendance by e- mailing Priscilla Martinez at pmarti tez(c scuc.txed.net no later than December 1 st • Announcements and recognitions by City Manager (J. Kessel) Mayor Carpenter recognized City Manager John Kessel v some information with Council regarding work thai is goin recognized new employee Ben Juarez with the Pinam reconciliation of the City's bank statements each month. 3,000 checks a month, and about million dollars' wi straight. Mr. Kessel stated that this is a very important task and he wanted to throw out praise to him.. Mr. Kessel also Medicare /Media back to the C community, all t the taxbaver's do i of the 2Q, 15 r Award. B;. J Lo stated that he vented to share on behind the scenes. Mr. Kessel Department who prepares the r. Kessel stated that this is about th f items that he has to keep nd Ben has done an excellent job IS Director Jason Mabbit and his team recently secured a ent program that will bring about $300,000 a year coming from the federal government. Being a financially sound sings come int6 play and allows us to be good stewards with tin that public trust. xefican Planning Association — Texas Chapter Planning /L. Wood) Mayor Carpenter recognized Senior Planner Lesa Wood who invited Mr. David Richmond to come forward. he stated she has worked with him over the last nine years and he has been an inspiration to all � of them. On October 9, they attended the state American Planning Association Conference (Texas Chapter). At the conference, Mr. Richmond was awarded the 2015 Planning Commissioner of the Year Award. Mayor Carpenter stepped down from the dais and asked how long Mr. Richmond had been serving on the Planning and Zoning Commission. The answer was 23 years on the board, 1.6 of those years serving as chairman. Mayor Carpenter stated that an extraordinary amount of development has gone on during this time. Mr. Richmond has probably had more influence on the way the city has developed and been laid out than the rest of us. All of us on council today 11 -17 -2015 Minutes Page - 2 - and even before us have had Mr. Richmond available to them. Mayor Carpenter thanked Mr. Richmond for serving and devoting so much time to the city; this honor is well deserved. Mr. Richmond thanked Mayor Carpenter for his kind words and said that his nomination for the award was not known to him from the onset. Due to previously set out -of -state vacation arrangements, he was unable to attend this year's Texas Conference in Galveston where the award was first announced. He appreciates council's recognition of his willingness to serve on Planning and Zoning (P &Z). When he moved into the city in 1990, he was looking for a way to give back to the city and help with the growth patterns. The feel for change in the city has continued and the challenge with Planning and Zoning is to always work with developers, and local businesses while holding on to the city's vision for its future'. He thanked Mayor Carpenter, Council, the City Attorney, City Manager, Planning Staff and his fellow Commissioners. Most of P & Z's decisions /recommendations are unanimous once they go to council and although they have occasional differences, they wok- ell together and things move forward for the city. He also thanked anyone else who was 06 ,,the nominating team along with Lesa Wood. He also thanked his wife Susan who supported; him over all the volunteer hours he gave through the years. hi, closing, he stated he appreciates, everyone's support and looks forward to continue serving the city. Hearin! of Residents This time is set aside for any person who w4h out the speaker's register prior to the meeting. minutes. address the Czt Council. Each person should fill esentations should "be limited to no more than 3 ody, and not to any individual member thereof. derous remarks while addressing the Council Mayor Carpenter recognized the following who spoke: • Mr. Glen Outlaw, ,'29 Forsyth Park, who spoke on Agenda Item 6. He was surprised in reading tht6 the proposed ordinance that there was no mental culpability requirement in order to Violate this ordinance. Typically, most laws he is familiar with require some type of mental culpability — intentional, knowingly, reckless. Unfortunately, he sees these are the words out of the Charter amendment which also omitted any mental culpability. He urges the council to amend their ordinance and he would hate to see that an unintentional accidental violation of the charter could result in not only a $500.00 criminal misdemeanor but also a $500.00 civil penalty. An inadvertent slip by one of the members of Council could be very costly. He urges that this be made intentional if you can do that, given the wording in the charter. 11 -17 -2015 Minutes Page - 3 - • Mr. Michael Dahle, 9120 E. FM 1518, who congratulated Councilmembers John, Edwards, and Thompson on their recent election success as well as their willingness to serve and make a difference for the city. He also thanked the Bond Committee members and the Charter Review Committee members who helped with some of the ballot initiatives that were passed on this last ballot. He provided some statistics and comments in observation of some of the ballot propositions. During the election, the most significant comment he heard from citizens was concern about dealing with our infrastructure needs and our local streets. • Ms. Linda Jarrell, 4909 Crestwood Drive, who spoke about the Northcliffe Subdivision roads and sidewalks. They were promised some new roads end sidewalks a long time ago. They have gotten some street lights and done some water, rpir but they still have a lot of breakage. The roads are still messed up. She has been a resident there since 1989 and it used to be very nice. It has gotten older and all the other subdivisions around it use the Northcliffe roads because Northcliffe has the bolt access to FM 1103 and IH -35. There is a lot of traffic out there and you have to wait ,(5 lights) to get to the other side of the road. In summary, she wants Northcliffe to be thou way it used to be or at leasfa:version of it. • Mr. Bill Edmonds, 4909 Crestwood Drive, who poke on behalf of the Northcliffe HOA. He is their vice - president. Each month they are busy submitting code enforcement violations to the Marshal's Office. Violations are nur rows and are in regard to high grass, junk in their yards, and green mold on outside of ne-house. With the exception of the house with mold, they have seen iftipfovements with the other complaints. However, their streets are very narrow and does not ;ae enough room when cars are parked on both sides of the road. They also experience problems with residents parking their cars four- deep in their driveways and blocking sidewalks as well as cars parking on the wrong side of the road. When he met with city officials, he was told the city did not have enough police officers to address this. With no enforcement, there will be no improvement. • Mr. Ken Greenwald, 205 Westchester Drive, who stated he started to come up and complain abOtit street lights but the lights from Hwy 78 coming down Schertz Parkway to E1bel Road have been on for a month. The street lights from IH -35 most of the way down Schertz Parkway come off and on, although some are burned out too. Another one needs to be replaced that is just gone. Driving on Marilyn and other side streets in the older part of Schertz, there is also a number of lights out. There is no reason for there to be so many street lights out. • Mr. Richard Elder, 4317 Willow Oak, who stated he pulled the agenda off the city website and noticed Item 6, Ordinance 15 -M -41 and he was curious as to what it said and he went to the homepage to do a search and nothing came up. On the Ordinance page, again, 11 -17 -2015 Minutes Page - 4 - nothing came up. It is probably somewhere but to obtain it is a task for someone who is new to the city. He suggested the city council have an agenda item to pass a resolution requiring the agenda to have `hotlinks'. He thinks this would be an improvement to the agenda online. Col. Drichta and Col. Baldwin, Randolph Air Force Base, who stated they were present and available for any questions and discussion of Item 9. Mayor Carpenter moved to Agenda Item 9. 9. Resolution No. 15 -R -96 — Consideration and/or action adopting the Joint Land Use Study. (B. James) The following was read into record: RESOLUTION N A RESOLUTION BY THE CITY COUNCIL; ADOPTING THE RANDOLPH JOINT LAP MATTERS IN CONNECTION THEREWITH Mayor Carpenter recognized Executive Land Use Study (JLUS) is a cooperative between Joint Base San Antonio Randol federal agencies and other affected stake the Department of Dolegse Office of E' sponsor, Bexar County wlo managed the The Randolph JLUS was Fowler and an Advisory C One goal of the study ; communities so, that all er Ibyan that inc R -96 Fl OF SCH (JLUS); approving and Z, TEXAS D OTHER Brian Jame who stated the Randolph Joint planning effort conducted as a joint venture to surrounding cities and counties, state and The study was funded through a grant from Adjustment and contributions by the local utive Committee that included Councilman Bob Cantu. improve compatibility between the base and surrounding can co- exist. One outcome of the JLUS is a series of strategies gh a variety of means including land use controls, improved ' services, etc. Improving compatibility with Randolph provides multiple benefits to our residents and businesses, -- increased safety, better use of limited resources, and a higher quality of life. Staff recommends-4 provai of Resolution 15 -R -96 adopting the Randolph JLUS. By adopting the Randolph JLLi,:staff`can begin working to evaluate and implement the various strategies within the JLUS. Some can be implemented directly by Staff, such as installing noise awareness signs in the rights -of -way of various roads. Others will require a public input process, Board and Commission consideration and Council action such as adopting new lighting regulations or altering land uses. Mayor Carpenter recognized Col. Drichta who thanked Mr. Richmond for helping shape this community over all these years so it could be a community that he returned to; he is grateful for the home you give our airmen and the mission sustained for our country. He thanked the Mayor for his leadership in testifying before the Texas State Senate and House of Representatives on advocacy on their behalf and led the Northeast Partnership in the adoption 11 -17 -2015 Minutes Page - 5 - of the Joint Land Use Study. They are excited to be partners and to find those areas of growth that are mutually beneficial to the City and Randolph AFB. Randolph has been here 85 years and intends to continue. Mayor Carpenter made a comment that this has been a long time coming. Former Mayor Hal Baldwin and Johnny Bierschwale shared two things with him when he was first elected. The first thing was where to show up for a council meeting and the second was the crash zone. They said this was something he should understand if he was going to serve here in the City of Schertz. It has been the focus of this council and previous councils from the time of incorporation. He is thrilled this council has approved this resolution on the Joint Land Use Study and is continuing our partnership with the United States Air Force. Mayor Carpenter recognized Councilmember Azzo Who moved, seconded by Councilmember Edwards to approve Resolution 15- R -9,6. The vote�was unanimous with Mayor Pro -Tem Fowler, Councilmembers Azzoz, 616, Edwards end Thompson voting for and no one voting no. Motion passed. Executive Director Brian James advised Couicit that because of the number of strategies involved in this situation, staff will be providing ih wtten material on the different items via quarterly updates to keep Council informed on wht they are working on. 8. Resolution No. 15 -R -92 — Interlocal Cooperation Act District (LSRD). (B. James) The following was action approving a Resolution authorizing an the City of Schertz and the Lone Star Rail RESOLUTION NO. 15 -R -92 A RESOLUTION BY ,THE :CIETY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING THE INTERLOCAL COOPERATION ACT AGREEMENT BETWEEN THE CITV',OF11 SCHERTZ AND THE LONE STAR RAIL DISTRICT (LSRD); AND OTHER MATTERS IN CONNECTION THEREWITH Mayor Carpenter recognized Executive Director Brian James who stated the Lone Star Rail District (LSRD), initially; established as the Austin -San Antonio Commuter Rail District was established to create a inass transportation system between. Austin and San Antonio. The City of Schertz haii been a r 'ember of the organization for many years. As part of the City's membership th City is guaranteed a future rail stop within its City limits, provided it enters into the Interlocal Cooperation Act Agreement and regional passenger rail service is established. The Interlocal Cooperation Act Agreement (the "Agreement ") establishes a transportation infrastructure zone that will be used to finance the LSRD and identifies in -kind contributions that will be made by the City to the LSRD. It also establishes the minimum requirements for the City to provide road access, drainage facilities, water, and sewer infrastructure to the station site. The Agreement provides a timeline and benchmarks whereby the LSRD will bring the project to fruition. The Agreement reestablishes a membership fee of $49,500.00 which will be paid annually. 11 -17 -2015 Minutes Page - 6 - The term of the Agreement is 36 years and can be extended for an additional 20 years. Per the Agreement, the City agrees to establish a tax increment fund in the area shown on the attachment to the Agreement. The City will hold the funds until LSRD has met the measures of viability outlined in the Agreement at which point LSRD may request reimbursement from the fund for developing and constructing the rail system. The amount collected by the Tax Increment Zone is equal to 60% of the increment and an amount equal to 60% of the estimated sales tax revenue growth. If the 60% of estimated sales tax growth exceeds 100% of the ad valorem growth, the City's contribution is capped at 100% of the ad valorem amount. The Lone Star Rail District is seeking approval of the interlocal agreement that provides for the funding of operations of the rail service. Lone Star Rail- is ;,seeking approval of funding agreements from all of the member cities. Approval of the agreement is the next step in establishing regional rail service with a station in Schertz: Providing regional rail service with a station in Schertz will allow residents and employees in Schertz to access Lone Star Rail service, 'to travel easily between' San Antonio and Georgetown. It should be noted that one concern expressed Commission and Economic Development C passenger rail service, much of the existing f bypass line that includes the existing LT substantially increase rail traffic on that line a existing line at grade crossings. This is a signi traffic increases regardless of Lone Star Rail a about whether the 'C ity of S hertz is a membe influence in working to address this problem,a; Annual to catty wituaso ,oe grounds as well:< Zitting fees associ rAx. Increment in luring m eetings with the Planning and Zoning irporatioil is that in order to accommodate sight traffic, on that line would be shifted to a ne that runs parallel to FM 78. This will d exacerbate traffic issues associated with the cant concern; and one that will exist as freight I will increase if Lone Star Rail service comes or not. As such, Staff feels the City has more a member of the Lone Star Rail District. of X419;500.00 have been paid by the SEDC. The agreement also e road access an utilities to the yet to be identified station location. ,tensible for custodial services, maintenance of the station, platform pen scs related to utilities and security. The City will also waive all with tho facility. Finally, the City will be committing up to 100% of one to the Lone Star Rail District. Staff recommends approval. Mayor C'rpenter recognized Councilmember Thompson who asked how many cities were already on board. In response, Rail Director Joe Black from the Lone Star Rail District stated to date they have Austin, San Marcos, New Braunfels, and the Austin Community College District under contract to provide the same type of funding that they are asking Schertz to consider this evening. They are also working very hard in San Antonio with the city, county, and VIA Transit System to work on some joint funding agreements. They have five (5) on board and five (5) to go and they expect to be before Buda and Georgetown councils before the end of the year with a similar request. Next year they will start on the counties. Mayor Carpenter recognized Councilmember Azzoz who asked what track would the rail be on and where would there be a rail stop. In answer Mr. Black stated it could be either line, but the city staff and our staff and consultants have recommended that it be on Main line #2, the line closest to I1-1-35, because it gels much more effectively with the City's north sector plan 11 -17 -2015 Minutes Page - 7 - and the plans for that town center. In regard to where the rail stop will be, he stated that they can't say definitively until they get a record of the decision on their environmental process but he has an idea that it will be located roughly 1/4 mile north of 3009 on main line #2. Councilmember Azzoz asked would the light rail have any use for the FM 78 track. In answer, not for passenger use, we are not sure how we are going to handle the line on FM 78 yet, but it is fully their intention to grade separate to actually make it safer than it is today. You don't fix a problem by pushing it someplace else. Councilmember Azzoz also stated that TxDOT is pushing for a toll road coming through and he is hoping this goes by the way side as he doesn't believe it is a good idea because it will make FM 3009 — IH -35 the biggest clustered mess. Light rail is the solution. Mayor Carpenter recognized Councilmember Edwards -,Y46, stated when he was with the Randolph Chamber of Commerce they were talking about this and had been for quite some time. He stated that he is all for it and wants it to come to fruition`and; 3 to require a great deal of public - private partnership. If this is built, the only thing that automatically comes with it is a parking lot. The rest of it we have to work toward and we have to make it happen. Ridership will not change the situation on IH -35 at all, unless we work with the other cities on the corridor to make this more attractive than just a simple commuter rail line. As a simple commuter rail line without anything special and stops along the way will do zero. This is a true long term expensive partnership that can be done and be done well, but please do not believe that simply by building magically things will happen on the north side of Schertz. We need to be careful as we proceed as Council, that we start putting aside monies. If we are very serious about this we need to be finding ways of putting aside monies in our reserve fund to enable future Councils to be able to make the investments necessary along with our Economic Development CorporatioU46 make this thing work. This is going to be hard work. That said it can be an inflection point in the history of our City if we do it, if we do it well, and if we do it correctly. Mayor - Carpenter appreciates the sentiments of the Council's willingness to go forward, the excitement, keep in rnind it is going to be a hard road and an expensive one; but if anyone can do it Schertz can. Mayor Carpenter recognized Executive Director Brian Jaynes who stated that the next step is for staff to go through the effort of creating the TIZ in the area defined. Again, as you mentioned, based on the way the agreement is struetixed;" those funds don't go over to Lone Star Rail until they hit certain benchmarks. We are also working with VIA to make sure we are doing some coordination, which they are giving a presentation to Planning & Zoning, the Traffic Safety Advisory Commission and the Economic Development Corporation so we understand how VIA may also fit into this. Mayor Carpenter recognized Mark McLiney with SAMCO Capital Markets who also recognized his partner Andrew Friedman along with a new associate Tom St. John. He stated tab 3 on the brochure that was just handed to Council is the city's bond rating. Schertz is AA +. Three Leeks ago when they sold the tax notes the banks looked at the city's books, did not rely on rating agencies and bid on the bonds and hold them in their own account. They are short term notes. This is a public offering so they have to go out and get an independent third party review of the ratings. The different points of review are: 1) strong economy (in our area); 2) very strong management (current and historically); 3) strong budgetary performance; 4) very strong budgetary flexibility (setting aside reserves); 5) very strong liquidity (cash and access to bond markets); 6) weak debt and potential liability; and 7) strong institutional frame work (comparing to other municipalities). Mayor Carpenter recognized Financial Advisor Andrew Friedman who talked about Tab 1 and Tab 2. He stated they had seven firms bid on the refunding bonds they put out for competitive sale bidding today on Wall Street —which is a very strong showing. The winning 11 -17 -2015 Minutes Page - 9 - bid was from the Bank of Oklahoma Security Corporation who bid 2.6 %. Also, we are refunding the general obligation bonds Series 2006 whose coupons range from 4.125% to 4.625 %. They are replacing them with an average coupon of 2.59 %. They were previously contemplating a savings of $364,000, but tonight they are here to lock in savings of $426,000. Tab 2 has all the final numbers and he opened it up for questions to council. Mayor Carpenter recognized Councilmember Edwards who stated a lot of this has to do with staff who we have pushed our vision on and said help us be more consistent with our budgetary process. This is a great item for us to give kudos to Finance and all the Department Heads that have stepped up and made those cost cutting measures, He wanted to tell them all thank you. Mayor Carpenter agreed saying with the refunding work we have done during this time of lower interest rates, we have probably saved the taxpayers a little over $4 million in interest payments we would otherwise have had to male; great work by the staff and Mr. McLiney and his team to get us to this position. Mayor Carpenter recognized Mayor Pro -Tm Councilmember Edwards that the City,, Cot recommendation concerning the acceptance of ,t designated as City of Schertz, Texas General Wig vote was unanimous with Mayor Pro -Tem F Edwards and Thompson voting far and no one v( )proval of an Ordinance by the City Council of ssuance of "City of Schertz, Texas General evyin - an .annual ad valorem tax, within the ,,it of the bonds; prescribing the form, terms, t and related to the issuance, sale, and delivery stribution of an official statement pertaining Agent /Registrar Agreement, an official bid with the letter of representations on file with an effective date. First and Final (J. Kessel /J. Lei i 11 112r.1112191 121 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING THE ISSUANCE OF "CITY OF SCHERTZ, TEXAS GENERAL OBLIGATION REFUNDING BONDS, SERIES 2015", LEVYING AN ANNUAL AD VALOREM TAX, WITHIN THE LIMITATIONS PRESCRIBED BY LAW, FOR THE PAYMENT OF THE BONDS; PRESCRIBING THE FORM, TERMS, CONDITIONS, AND RESOLVING OTHER MATTERS INCIDENT AND RELATED TO THE ISSUANCE, SALE, AND DELIVERY OF THE BONDS, INCLUDING THE APPROVAL AND DISTRIBUTION OF AN OFFICIAL STATEMENT PERTAINING THERETO; AUTHORIZING THE EXECUTION OF A PAYING AGENT/REGISTRAR AGREEMENT, AN OFFICIAL BID FORM, AND AN ESCROW DEPOSIT LETTER; COMPLYING WITH THE LETTER OF 11 -17 -2015 Minutes Page - 10 - REPRESENTATIONS ON FILE WITH THE DEPOSITORY TRUST COMPANY; AND PROVIDING AN EFFECTIVE DATE Mayor Carpenter recognized Mayor Pro -Tem Fowler who moved, seconded by Councilmember Thompson that the City Council adopt an ordinance authorizing the issuance of City of Schertz, Texas General Obligation Refunding Bonds Series 2015. The vote was unanimous with Mayor Pro -Tem Fowler, Councilmembers Azzoz, John, Edwards and Thompson voting for and no one voting no. Motion passed. Workshops • Discussion regarding unimproved Park property generally, the Southwest Corner of FM 3009 and Wiederstein Road. (B. James /C. Van Zandt) Mayor Carpenter recognized Executive Director, 'Bri unimproved piece of park property owned by the Department Staff. It is a bit of an odd left ovef piece. T This piece (.6 acres triangular) is something we picked u p is too small for us to do anything with. The problem' t c Wiederstein Road; it is also a fairly deep piece of propert y. to find a public benefit for it. We`can't sell the `park Ia election. The purpose here is to update, Council and let Councilmember stated they were on board; and willing about the possibilities available for usage with th prppert • Discussion red Carpenter and Mayor C himself n Azzoz) an James who stated this is an City and maintMned by our Parks here are other city parks in the area. when we dedicated the park area. It 'eates is it does not have frontage on Since it is a park property we have hd' without going out to do so in an you, know,what we are doing. Each to let staff go forward with talking y owners nearby. . (Item requested by Mayor son who stated he would be recusing n left the dais. ognized "Councilmember Azzoz who stated years ago he was told by the Baldwin we were going to support the local Schertz Chamber of them some seed money to get them off the ground until they get more p ,Into a well- established organization. Looking at our chamber now, it the membership fees. His question is why are we (the City) continuing to hen "we have so many other needs, especially if the Chamber is on their be careful how we spend the taxpayer's dollars. We have future interests library, street lights and more. When do we draw the line? And what is return? Mayor Carpenter recognized Mayor Pro -Tem Fowler who said the revenue we get from the local businesses in the membership more than pays for our contributions to the Chamber. Councilmember Azzoz said while that may be true, the chamber is a non - profit organization and should be self- funded, not taxpayer funded. The City is a member of the Chamber of Commerce. It is not fair to spend the tax dollars to fund them differently than the membership. We are already giving them the building with the property. The point is it was started with `seed money'. 11 -17 -2015 Minutes Page - It - Mayor Carpenter recognized Councilmember Edwards who asked why would we not as a City want to invest in our businesses, having a liaison between the city and the business community. In his prior experience running the Randolph Chamber, the members always bent over backwards for the Chamber in getting it whatever the Chamber needed. He thinks it is an obligation that we should have some kind of input into our Schertz Chamber over long term. Mayor Carpenter stated it is true we passed seed money along to the chamber to get it started. However, over time, we decided to change the nature of our relationship with them. The agreement we signed back in December (2014) articulates that well with required specific performance activities. We changed from simply being a fundi g organization to treating them more like a contractor, who would perform work on our behalf. In other words, would it make better sense to hire the chamber to perform certain work,rather than have city staff do it? Mayor Carpenter asked Senior Finance Analyst James W41 some explanations regarding the city funds that are`provio the City is a member of the Schertz Chamber of Commen $7,500, which is the same amount any other CEO level me we pay for is the operation of the visitor's center, which is that we are contracting out to the Chamber of Corerce. supplies and minor reimbursement of one employee's , ala: the phone and greets walk -in traffic. Probably the largest the Chamber to produce the Business Directory and Visitor and issue) and area map. The Chamber does pay rent for the ters to''co e forward and provide cd to the chamber. He stated that e at the CEO:level, paying about nber would pay.' ay The second item actually like a Schertz operation This includes some minor office •y who sits at a desk and answers ortion of what the city pays is for ,Guide ($19,000, for design, print use-of the building ($600 /month). City Manager John Kessel stated that maintenance of the property will still exist for the city whether we have a t rant or riot: The difference is that we do receive revenue back from the Chamber as a tenant:: As little year ago, Council decided that the tenant should be the Chamber of Commerce which was considered a good, near public benefit. Policy of Revenue questi€tns council might have for discussion would be our membership, visitor operations contract: Dronertv owner,exbenses. and tenant revenue or lack thereof. Mayor Carpenter, recognized Mayor Pro -Tem Fowler who reminded everyone that the City moved the Kramer house to that location because we felt it was a good location for the Visitor Center and on the stone sign we have, it says Visitor Center and Chamber of Commerce. This is two operations going on in this location. Mayor Carpenter recognized Councilmember Azzoz who continued to express his concerns over Council's continuous duty of being careful of how we spend the taxpayer's dollar. Mayor Carpenter recognized Councilmember Edwards who made a motion to limit debate on this item to no more than ten minutes in the future. Mayor Carpenter said while we are in the midst of the item we can move to limit debate. In order to limit debate on this item in the 11 -17 -2015 Minutes Page -12 - future, it would have to be when we take it up, assuming it will be at a future meeting. The only way to limit debate otherwise would be to establish a rule which limits debate broadly on all items. So we will have to do that in individual meetings as we take up individual items. A motion to limit debate is limited to the item under consideration. Councilmember Edwards re- stated his motion to limit debate on this item. Mayor Carpenter asked for a second to the motion. As there was no second, the motion failed. Discussion continued with Mayor Pro -Tem Fowler stating he I doesn't understand how Councilmember Azzoz is trying to break out the city cost of something they own versus the amount of money we are giving them if we say we legally have a contract. Where do you think we are spending public monies in support of Chem that we shouldn't spend? Councilmember Azzoz said Mr. Walters will be nrovidin that information in two weeks. Mayor Carpenter stated the Chamber runs the Visitor Center for the City; they produce an area map and business guide. The dollar figure for that is not to exceed $55,500 annually. He thinks the real question is do we want to have the Chamber continue to run,Ouf Visitor Center for us or do we want to do it ourselves. Do we giant to produce the Business Directory and Visitor Guide ourselves, have the Chamber continue doing it ; or dispose of that work? So what is the suggestion? Mr. Walters stated for clarification, each of these functions, if the City cut funding for all of them, it would not impact the n6ri al operations of the Chamber of Commerce at all because this is additional work they tale on in behalf of the City as a contracted task(s). Again, this is all paid from, "'Hot Tax' (Hotc ' `ax) which is very limited as to its allowed use. The funds are meant to bring in tourism and promote that industry. Carpenter 'requested this ° information be sent to council via e -mail and any Lary might want to also include how we maintain other properties for public use. City Manager John Kessel stated in addition to direct costs associated with the Kramer House property they'ill try o' come up with a generalized estimate on how much time staff spends doing broad categories of maintenance of other city properties as well as any other revenues including other information that might be helpful for comparisons. Councilmember Thompson returned to the dais. • Discussion regarding the language change on items to be placed on a future City Council Agenda by Mayor and Council. (Councilmember Azzoz) Mayor Carpenter recognized Councilmember Azzoz who stated he would pass this on to Mayor Pro -Tem Fowler to provide his comments first. Mayor Carpenter recognized Mayor Pro -Tem Fowler who stated he felt he was blindsided with this new language suddenly 11 -17 -2015 Minutes Page -13 - appearing on the agenda and feels anything like this should be discussed by the council before making it public. Additionally, he did not see that there was any emergency to do this but he understands it is not a directive specifically for this council but rather it is a procedure that should be used by any council. He said it felt confusing to him as to where this came from and how could we do that. His main concern is making sure that the council itself was aware of this; however, seeing it this way gave the appearance of being aimed at this council and maybe preventing someone from making a decision. This was his point in bringing it forward. Mayor Carpenter said he feels it is a very fair question and explained further. Prior to the current rules of procedure the only way council could get an item tithe agenda was to have three councilmembers ask for it to be put on the agenda. Whether it was done in open session or outside, it was problematic for the open meetings act — because you have a quorum at that time acting in open session on something that was not a the agenda outside of open session acting in a quorum outside of a meeting. It was ,changed afterwards because what was happening in council meetings was a councilmember made a request, maybe a second person would agree, and if others disagreed or the mayor disagreed then it just did 't make it on the agenda. We haven't had that discussion level because we` changed the rules- i -make sure we would not violate the open meetings act. We stated that a' individual councilmember could ask. So the mayor said he went to the city attorney dad asked what should be dune if he had an objection. He said the city attorney suggested the'larigtaage as follows: Mayor Carpenter recognized C© ticilmember Azzoz who said he thinks this really should have been discussed ''with the city council. He reads it as suggesting, `Let's tie somebody's hand'; and we will have to have a majority to put something on the agenda. He is concerned about needi a a consensus of several councilmembers in order to talk about an item. Mayor Carpenter recognized Councilmember Thompson who said there is nothing in here that says a councilmember cannot ask for an item to be placed on the agenda; this is still our privilege. This only deals with if another councilmember has an objection to that. Mayor Carpenter recognized Councilmember Edwards who said there have been a lot of times in the past where we have asked for an item and then entered a diatribe of the merits of doing so, which in reality is going into a discussion of it. Mayor Carpenter recognized Mayor Pro -Tem Fowler who expressed concern about not wanting to waste their time on the dais. He doesn't see the value of it other than one point. 11 -17 -2015 Minutes Page - 14 - Mayor Carpenter addressed Mr. Azzoz's concern about him seeking the advice of the city attorney. He referenced the Charter which says the Mayor should preside at all city council meetings as the Chair, which charges him with the responsibility of not only executing the duties while in session but also he has an underlying directive saying it is his job to study, and become expert with our rules and anticipate certain outcomes. He intends to seek advice anytime he has a question regarding the law concerning any action he would take as the Chair to ensure he is doing his job correctly. A few other considerations are: 1) if you wish to make sure there is no problem with an individual councilmember placing things on the agenda, then just don't object to one another, 2) if someone wants something on the agenda and someone else objects, there is an appeal; the person can go to the city manager, or himself (mayor) and they can request that it be placed on the agenda. This is a' check and balance situation. Another possibility is that council can change the rules by of inance at any time. His job is charged to him, acting as chair, and he will engage the ciy attoroy when he sees fit to do so, even if it costs the city money, to keep us out of jail and from us doing, anything errant in the eyes of state law. The voters will judge him for it on' election day. 1. Minutes - Consideration and/or action regarding the approval of the minutes of the Regular Meeting of November 10, 201 ,5. (J. Kessel/B. Dennis) 2. Ordinance 15- S -39, -: Consideration andlor action approving an Ordinance upon a request fbr �a, Specific Ube Perinit " to allow an Automotive Repair and Service, Major located at 1000 FM 3009, S hertz Texas. Final Reading (B. James /L. Wood /B. Cox) LVATM, ORDINANCE NO. 15 -S -39 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS ZONING 100f1 IFM 3009, SCHERTZ, GUADALUPE COUNTY, TEXAS TO ALLOW A SPECIFIC USE PERMIT FOR OPERATION OF AN AUTOMOBILE REPAIR AND SERVICE, MAJOR. Mayor Carpenter recognized Councilmember Edwards who moved, seconded by Councilmember Thompson to approve consent agenda items 1 and 2. The vote was unanimous with Mayor Pro -Tem Fowler, Councilmembers Azzoz, John, Edwards and Thompson voting for and no one voting no. Motion passed. Discussion and Action items 11 -17 -2015 Minutes Page -15 - 5. Ordinance No. 15 -M -40 — Consideration and /or action approving an Ordinance ordering and declaring the 2015 Charter Amendments Adopted. First Reading (.B. Dennis /C. Zech) The following was read into record: ORDINANCE NO. 15 -M -40 AN ORDINANCE OF THE CITY OF SCHERTZ, TEXAS, ORDERING AND DECLARING THE 2015 CHARTER AMENDMENTS ADOPTED. Mayor Carpenter recognized City Attorney Charles Zech who stated the The Texas Local Government Code Section ADOPTION OF CHARTER OR AMENDMENT. or a proposed amendment to a municipality's chart of the qualified voters of the municipality who vote (b) A charter or an amendment does not tak municipality enters an order in the records ofth( amendment is adopted. Based on this section of the Texas Ltoca once approved by a majority of the quali enters an order into its records declaring' Mayor Carpenter rec and Ma or Pto -Tern a follows: Sec. 9.005. rter for a municipality r is adopted if it is approved by a majority at an election held forthat, purpose. effect until the govert i body of the mnicipality declaring that the charter or Government Code a Charter amendment is adopted eel voters but does hot take effect until City Council all amendments to be adopted effective ant to Section 4.09(c) in measure two which City Council meeting that consists of seven tigfiized,C st ncilmember Thompson who asked about Section 4.05 Mayor He, stated that tile, language states "The Mayor Pro -Tern shall be a inted,'Lfective each December 1 and June 1, on a six -month rotational Places On ,through Five; provided, any Councilmember may decline to ern, and the Councilmember holding the next numeric Place shall then Tern. The Mayor Pro -Tem shall act as Mayor during the absence or or and in this capacity shall have the rights conferred upon the Mayor. )r, the Mayor Pro -Tem may vote on any matter before the City Council" now that we will have two other Council places, place 6 and 7 that this ct those changes. City Attorney Charles Zech stated that he would look reading of the ordinance he would provide an answer. Mayor Carpenter recognized Councilmember Edwards who moved, seconded by Councilmember Thompson to approve Ordinance 1.5 -M -40, first reading. The vote was unanimous with Mayor Pro -Tem Fowler, Councilmembers Azzoz, John, Edwards and Thompson voting for and no one voting no. Motion passed. 6. Ordinance No. 15 -M -41 — Consideration and/or action approving an Ordinance adopting criminal penalties for violation of the City Charter. First Reading (B. Dennis /C. Zech) 11 -17 -2015 Minutes Page -16 - The following was read into record: ORDINANCE NO. 15 -M -41 AN ORDINANCE OF THE CITY OF SCHERTZ, TEXAS, ADOPTING CRIMINAL PENALTIES FOR VIOLATION OF THE CITY CHARTER. Mayor Carpenter recognized City Attorney Charles Zech who stated the recently adopted amendments to the City Charter included a requirement that the City Council adopt an ordinance creating a criminal penalty for a violation of the City Charter. He recommends adopting the proposed ordinance on first reading. Mayor Carpenter recognized Councilmember John who stated sh atId we address the concern mentioned by Mr. Outlaw regarding mental culpability and unknowingly violating the charter. City Attorney Charles Zech stated that he believes that Mr. Outlaw was,noting the change in the ordinance that changed the prohibitions-,with respect to the conflicts ,of interest. The citizens changed the conflict of interest provisions, essentially to state that all Councilmembers have to comply with Section 171of the Texas Local Govrnmcnt Code. They also included a criminal penalty which you are adopting tonight that basically says City Council shall adopt an ordinance that allows you to enforce the criminal provisions and civil penalty provisions that allows you to enforce the cri inl provisions and the civil enforcement provisions provided for in the Charter. Simple answe to his question whether you would inadvertently violate Section 171, you should know that it is already a crime if you violate 171 under the statute. It is actually a Class B misdemeanor, and is a~.rter crime under the statue that it is under our ordinance. ;T'h'at being said if anyone was to bring an action to municipal court, any councilmember would be entitled to plead guilty, not guilty, you can get a trial by jury and then deal with into any manner we currently deal with the criminal provisions. There is nothing you can d6 with this: because it was adopted through the Charter Amendments. Mayor Carpenter recognized Counciltember Azzoz who said if this is already in effect then why 'adopt Ordinance 15 - -41? In answer, Mr. Zech stated that the Charter Committee actually put forth a Charter amendment that said there should be criminal penalties associated wi6violating the Charter, and they also said in the charter amendment the City Council shall adopt i ordinance to`nforce those provisions. This was something the Charter Commission recommended to be placed on the ballot and it was placed on the ballot and passed and now you are gong through, the administrable responsibilities associated with adopting what the voters annroved. Mayor Carpenter recognized Mayor Pro -Tem Fowler who moved, seconded by Councilmember` Edwards to approve Ordinance No. 15 -M -41, first reading. The vote was 4- 1 -0 with Mayor Pro -Tem Fowler, Councilmembers John, Edwards and Thompson voting for and Councilmember Azzoz voting no. Motion passed. 7. Resolution No. 15 -R -106 — Consideration and /or action approving a Resolution authorizing the City Manager to approve certain waivers of potential conflicts of interest in representation by the City Attorney when the interests of the City are not prejudiced. (C. Zech) The following was read into record: 11 -17 -2015 Minutes Page - 17 - RESOLUTION NO. 15 -R -106 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING THE CITY MANAGER TO APPROVE CERTAIN WAIVERS OF POTENTIAL CONFLICTS OF INTEREST IN REPRESENTATION BY THE CITY ATTORNEY WHEN THE INTERESTS OF THE CITY ARE NOT PREJUDICED Mayor Carpenter recognized City Attorney Charles Zech who stated that under State Law lawyers have obligations under their Code of Ethics that we cannot represent two parties when their interests are adverse. However; our Code of Ethics provides for certain situations where our client can authorize the representation of two different clients in a similar matter when certain requirements are met. What it says is in situations other than litigation a lawyer shall not represent a person if the representation of that person involves \ substantially related matter in which that person's interests are materially and directly adverse to the interest of another client of a lawyer or the lawyers firm or reasonably appears to be or become adversely limited by the lawyer or the lawyer's law firm responsible to another client onto a third person by the lawyer or lawyer's law firm's own interest. Typical a talysis has to be done. There is an exception to that where if the lawyer reasonably beli ,s'the representation of a client will not be materially affected and each affected are potentially affected, the client consents to the representation after full disclosure about the nature of the implications. We do that and have done this in the past by bringing resolutions, requesting situations where for example a simple contract that had been previously reviewed,, by,, other lawyers 'and it's between two of our clients, two cities and it's an interlocalreement'and we have come to the conclusion that no one's interests are adversely affected. It's a boiler plate, a common place thing to accomplish; we can represent both interests and have asked our clients to waive those. There are times where that waive needs to,, 'b done quickly rather than wait for it to be placed on an agenda for City Council ,approval. When those issues arise, this resolution gives the City Manager the authority to accept the letter, that they would give, which would state what was going on. We do not think there is arnaterial- adverse effect and here are the potential issues associated with our representation; would you be willing, to waive that potential conflict, because you cannot waive a conflict, yin would waive a potential conflict. This resolution essentially would give the City Manager authority in certain circumstances for time purposes to waive that conflict. Mayor Carpenter recognized . Councilmember Thompson who asked if there was any requirerrient for the City Manager to then inform the City Council. Mr. Zech stated there is no requirement but his knowledge of City Managers is that it would probably occur. It would probably go into your agenda packet under information that has been accomplished. Mayor Carpenter recognized Councilmember Thompson who moved, seconded by Councilmember Edwards to approve Resolution No. 15 -R -106. The vote was unanimous with Mayor Pro -Tem Fowler, Councilmembers Azzoz, John, Edwards and Thompson voting for and no one voting no. Motion passed. Roll Call Vote Confirmation Mayor Carpenter recognized City Secretary Brenda Dennis who provided the roll call votes for agenda items 1 through 9. 11 -17 -2015 Minutes Page - 18 - Requests and Announcements 10. Announcements by City Manager • Citizen Kudos • Recognition of City employee actions • New Departmental initiatives No further announcements were provided. 11. Future Agenda Item Request for City Council: This is ' n ,bpporti members to request that items be placed on a future agenda. Nb jsci the item may be taken at this time. Should a Council Member' - opl requested item on a future agenda, the Mayor, wilbout allowing discu consensus of the other City Council members to place or not place agenda. No items were requested. 12. Announcements by Mayor and ty for City Council ion of the merits of e placement of the an, shall ask for the o&-item on a future Mayor Carpenter recognized Cotn ilmember Azzoz who stated that this coming Monday they will be, delivering turkey and food to all the needy. He stated the numbers have exceeded those from last e r�,5,582 meals will be provided. He thanked all those that contributed. Carpenter recognized Councilmember Edwards who expressed his gratitude and Q Mary Spence-and her crew for the recent car show event, The Ford Fairlane was the Mayor Carpenter rec'og'nized Councilmember Thompson who stated that he had the privilege of representing ' Mayor Carpenter at Autumn Winds Retirement Lodge in reading a proclamation to Ms. Lois Honea who turned 102 years of age. He also stated it was a great privilege today to be able to interact with a group of Webelos Scouts who came and were asking about what City Council is and what they do and to be able to encourage them. It was a great opportunity to represent the City. Executive Session Mayor Carpenter moved into executive session at 8:51 p.m. I 1 -17 -2015 Minutes Page -19 - 13. City Council will meet in closed session under section 551.074, Evaluations of the City Manager. Reconvene into Regular Session Mayor Carpenter reconvened into regular session at 9:38 p.m. 13a. Take any necessary action based on discussions held in closed session under Agenda Item number 11. Mayor Carpenter recognized Councilmember Thompson Who moved, seconded by Councilmember Edwards that they raise the salary of Mr. Xel immediately, this current fiscal year in the amount of $6,446. The vote was 4 -t-0 with Mayor Pro -Tem Fowler, Councilmembers John, Edwards and Thompson voting for and Councilmember Azzoz voting no. Motion passed. Roll Call Vote Confirmation Mayor Carpenter recognized City Secretary confirmation for agenda item 13a. Mayor Carpenter recognized Councilr ei something about the last item we just toe looking at the Evergreen Study, it doesn't it comes down to the percentile in lookn management is paid, = Thinking about son along with staff vision, that -is why we can should be a matter of record, that we let the Mayor Carpenter recognized Co Brenda Dennis, City Secretary at 9:40 p.m. 11 -17 -2015 Minutes Page - 20 - provided the roll call vote er Edwards who, stated he would like to say action on. He stated, that this is for the record, Ong Mr: Kessel where he really needs to be when it the other cities around us and what their city of the things that Mr. Kessel has implemented to this decision. He expressed that he believed it eblic know this. pson who stated that it would be a matter over a four (4) year period with other Michael Carpenter, Mayor MINUTES SPECIAL MEETING November 16, 2015 A Special Meeting was held by the Schertz City Council of the City of Schertz, Texas, on November 16, 2015, at 6:30 p.m., in the Hal Baldwin Municipal Complex Council Chambers, 1400 Schertz Parkway, Building #4, Schertz, Texas. The following members present to-wit: Mayor Michael Carpenter Mayor Pro-Tern Jim F Councilmember Grumpy Azzoz Councilmember Daryl Councilmember Cedric Edwards Councilmember Robin Staff Present: City M, Executive Director Brian James Executi Executive Director Bob Cantu City So Call to Order — City Council Regular Session Mayor Carpenter called the meeting to order at 6:30 p.m. (Mayor Pro-Tem Fowler) Mayor Pro-Tem Fowler provided the open flags of the United States and the State of T I Wait T by the pledges of allegiance to the I Resolution No 15-R-104 ——,Consideration 'and/or action approving a Resolution canvassing the returns and declaring the result of a Boud'Election; and other matters in connection therewith. (Mayor Carpenter/W Dennis) , UTION NO. 15-R-104 A RESOLUTION CANVASSING THE RETURNS AND DECLARING THE RESULTS OF A BOND, ELECTION; AND OTHER MATTERS IN CONNECTION Mayor Carpenter recognized City Secretary Brenda Dennis who provided the following information regarding the results of the November 3, 2015 Bond Election: PROPOSITION NO. I "THE ISSUANCE OF NOT TO EXCEED $7,000,000 OF CITY OF SCHERTZ, TEXAS GENERAL OBLIGATION BONDS FOR STREETS (PRIMARILY FM 1103 AND FM 1518), BRIDGES, AND SIDEWALK IMPROVEMENTS, AND THE LEVYING OF A TAX IN PAYMENT THEREOF" 11 -16 -2015 Minutes Page - 1 - *Includes 4 provisional ballots ** Includes 2 provisional ballots PROPOSITION NO.2 "THE ISSUANCE OF NOT TO EXCEED $8,000,000 OF CITY OF> SCHERTZ, TEXAS GENERAL OBLIGATION BONDS FOR PUBLIC SAFETY FACILITIES, INCLUDING A NEW FIRE STATION, AND THE LEVYING OF A TAX IN PAYMENT THEREOF" FOR AGAINST Early Votes* 1141 434 Election Day Votes ** 914 326 TOTAL 2055 760 *Includes 4 provisional ballots ** Includes 2 provisional ballots PROPOSITION NO.2 "THE ISSUANCE OF NOT TO EXCEED $8,000,000 OF CITY OF> SCHERTZ, TEXAS GENERAL OBLIGATION BONDS FOR PUBLIC SAFETY FACILITIES, INCLUDING A NEW FIRE STATION, AND THE LEVYING OF A TAX IN PAYMENT THEREOF" *Includes 4 provisional ballots ** Includes 2 provisional ballots Ms. Dennis stated that both bond Mayor Carpenter Councilmember T] the returns and de Mayor Pro -Tem,l for and no one voi Resolution No. 15= the Official: Canvas s "who moved, seconded by 41 adopts a resolution canvassing The vote was unanimous with Edwards and Thompson voting deration aticUor action approving a Resolution approving ether , 2015, Returns and Declaring the Results of the Amendment Propositions Election; and other matters in Inter /B. Dennis) 179i.Y0goI[1701201[1 =679 I'M � A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS, APPROVING THE CANVASS OF THE NOVEMBER 3, 2015 GENERAL AND SPECIAL CHARTER AMENDMENT PROPOSITIONS ELECTION AND DECLARING THE RESULTS OF SUCH ELECTION Mayor Carpenter recognized City Secretary Brenda Dennis who provided the following information regarding the results of the November 3, 2015 General and Special City Charter Amendment Election: 11 -16 -2015 Minutes Page - 2 - FOR AGAINST Early Votes* 1135 434 Election Day Votes ** 907 331 TOTAL 2042 765 *Includes 4 provisional ballots ** Includes 2 provisional ballots Ms. Dennis stated that both bond Mayor Carpenter Councilmember T] the returns and de Mayor Pro -Tem,l for and no one voi Resolution No. 15= the Official: Canvas s "who moved, seconded by 41 adopts a resolution canvassing The vote was unanimous with Edwards and Thompson voting deration aticUor action approving a Resolution approving ether , 2015, Returns and Declaring the Results of the Amendment Propositions Election; and other matters in Inter /B. Dennis) 179i.Y0goI[1701201[1 =679 I'M � A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS, APPROVING THE CANVASS OF THE NOVEMBER 3, 2015 GENERAL AND SPECIAL CHARTER AMENDMENT PROPOSITIONS ELECTION AND DECLARING THE RESULTS OF SUCH ELECTION Mayor Carpenter recognized City Secretary Brenda Dennis who provided the following information regarding the results of the November 3, 2015 General and Special City Charter Amendment Election: 11 -16 -2015 Minutes Page - 2 - Ms. Dennis stated that with these results I elected to Place 4, and Robin Thompson is Ms. Dennis provided the following information hn is elected to Place ,, Cedric Edwards is to Place 5. ;arding the City Charter Propositions: "The Amendment of the City Charter, eliminating q those State Law or other sections of the Charter." which are redundant of Bexar County EV Bexar County ED Comal /Guadalupe County EV Comal /Guadalupe County ED TOTAL VOTES Place 3 12 Early Votes Cbfti l /Guadalupe' 1348 41 127 Rosemary Scott 30 25 631 484 1170 Daryl John 39 19 719 549 1326 Place 4 Cedric Edwards 42 27 883 653 1605 Don E. Taylor 26 17 528 488 979 Place 5 Robin Thompson 41 20 815 628: 1 1504 Bert Crawford 26 24 582 418 1050 Ms. Dennis stated that with these results I elected to Place 4, and Robin Thompson is Ms. Dennis provided the following information hn is elected to Place ,, Cedric Edwards is to Place 5. ;arding the City Charter Propositions: "The Amendment of the City Charter, eliminating q those State Law or other sections of the Charter." which are redundant of "The Amendment of the City Charter changing the number of Council Members from five (5) to seven (7)." FOR AGAINST AGAINST Early Votes Bex�r County 61 Early Votes Comal /Guadalupe 12 Early Votes Cbfti l /Guadalupe' 1348 41 127 Election Day Bexar County 50 330 0 Election pay Comal /Gudahipe t74 102 TOTAL 12533 1241 "The Amendment of the City Charter changing the number of Council Members from five (5) to seven (7)." PROPOSITION 3 "The Amendment of the City Charter changing the term of office of City Council 11 -16 -2015 Minutes Page - 3 - FOR AGAINST Early Votes Bexar County 51 22 Early Votes Comal /Guadalupe 1091 426 Election Day Bexar County 41 9 Election Day Comal /Guadalupe 877 330 TOTAL 2060 787 PROPOSITION 3 "The Amendment of the City Charter changing the term of office of City Council 11 -16 -2015 Minutes Page - 3 - members and the Mayor from two (2) years to three (3) years." PROPOSITION 4 "The Amendment of the City Charter providing for office and creating a due process procedure." and forfeitures of Early Votes Bexar County FOR AGAINST Early Votes Bexar County 45 29 Early Votes Comal /Guadalupe 962 569 Election Day Bexar County 33 17 Election Day Comal/Guadalupe 714 499 TOTAL 1754 1114 PROPOSITION 4 "The Amendment of the City Charter providing for office and creating a due process procedure." and forfeitures of Early Votes Bexar County 62 9 Early Votes Comal /Guadalupe 1278 201 Election Day Bexar County 45 5 Election Day Comal /Guadalupe 1020 135 TOTAL 2405 350 "The Amendment of the City Charter revising the City's f nancial procedures." PROPOSITION 6 "The Amendment of the City Charter to provide that elections are to be conducted pursuant to State law:" FOR AGAINST AGAINST Early Votes Be.T County 55 Early Votes Comal /Guadalupe 15 Early Votes Comal /Guadalupe 1149 49 304 Election Day Bexar County 44 63 6 Election ]Jay Corral /Guadalupe ' 88,7' 242 TOTAL 2135 567 PROPOSITION 6 "The Amendment of the City Charter to provide that elections are to be conducted pursuant to State law:" 11 -16 -2015 Minutes Page - 4 - FOR AGAINST Early Votes Bexar County 66 5 Early Votes Comal /Guadalupe 1426 81 Election Day Bexar County 49 1 Election Day Comal /Guadalupe 1132 63 TOTAL 2673 150 11 -16 -2015 Minutes Page - 4 - ':1'4_ 1► "The Amendment of the City Charter to provide that initiative and Referendum petitions must be signed by fifteen (15) percent of the number of voters registered to vote at the last general City election and that recall petitions must be signed by qualified voters of the City equal in number to at least twenty (20) percent of the number of voters registered to vote at the last general City election." FOR I , . AGAINST Early Votes Bexar County 55 10 16 Early Votes Comal /Guadalupe 1247 Election Day Bexar County 231 Election Day Bexar County 46 1058 3 Election Day Comal /Guadalupe 982 265 182 TOTAL 2330 432 PROPOSII" M, 8 "The Amendment of the City Charter to provide process for disannexation of City property as required by State law." FOR AGAINST Early Votes Bexar County 61 l l' Early Votes Coma]/Guadalupe 4278!, 191 Election Day Bexar County 48 2 Election Day Comal/Guadal e 1017 145 TOTAL 2404 349 "The Amendment of the City Charter clarifying that the Mayor is the official signatory for official documents unless otherwise designated by Council." FOR AGAINST Early Mites Bexar County 62 10 Early Votes Comal /Guadalupe 1361 136 Election Day Bexar County 49 1 Election Day Coirnal/Guadalupe 1058 118 TOTAL 2530 265 PROPOSITION 10 "The Amendment of the City Charter deleting the requirement for the City Council to appoint Assistant City Managers." FOR I AGAINST Early Votes Bexar County 144 127 11 -16 -2015 Minutes Page - 5 - Early Votes Comal /Guadalupe 980 506 Election Day Bexar County 38 1.2 Election Day Comal /Guadalupe 723 438 TOTAL 1785 983 PROPOSITION 11 "The Amendment of the City Charter authorizing the City Manager or a designee to attend all City Council meetings." 57 FOR AGAINST Early Votes Bexar County 64 Early Votes Comal/Guadalupe 1352 157 Election Day Bexar County 47 3 Election Day Comal/Guadalupe 1056 131 TOTAL 2519 299 "The Amendment of the City Charter revising personnel policies." for adopting operational and I I FOR 1 [1 AGAINST I Early Votes Bexar County 57 12 Early Votes Coma]/Guadalupe 1183.: 251 Election Day Bexar Cun 44 5 Election Day Conial /Guadlup,e 921 205 TOTAL 2205 473 "Tate Amendment of the City Charter authorizing the City Secretary to hire and supervise deputy city secretaries." I „ I FOR I AGAINST I Early Votes Bexar County 47 23 Early Votes Comal /Guadalupe 1045 428 Election Day Bear County 43 6 Election. Day Ccial /Guadalupe 835 321 TOTAL 1970 778 PROPOSITION 14 "The Amendment of the City Charter deleting the section requiring the creation of a planning and zoning commission as repetitive of State law." FOR AGAINST Early Votes Bexar County 149 19 11 -16 -2015 Minutes Page - 6 - Early Votes Comal /Guadalupe 1159 297 Election Day Bexar County 43 7 Election Day Comal /Guadalupe 884 277 TOTAL 2135 600 PROPOSITION 15 "The Amendment of the City Charter to provide a process for amending or repealing an ordinance adopted as a result of a petition by the voters." I I FOR I_ AGAINST I Early Votes Bexar County 55 AGAINST t Early Votes Comal/Guadalupe 1102 Early Votes Comal /Guadalu e 359, Election Day Bexar County 43 49 7 Election Day Comal /Guadalupe 870 78 281 TOTAL 2070 656 "The Amendment of the City Charter prohibiting , city officials and city council members from violating the State la on conflicts of interest. "', Amendment of the City Charter to require the Charter Review Commission to consist less than 5 and not more than 11 citizens of the City." VOR AGAINST Early Votes Bexar County 65 9 Early Votes Comal /Guadalu e 1359 122 Election Day Bexar County . 49 1 Election. Day Co"mal/Guadalu p 1102 78 TOTAL 2575 210 Amendment of the City Charter to require the Charter Review Commission to consist less than 5 and not more than 11 citizens of the City." PROPOSITION 18 "The Amendment of the City Charter to provide the term of office of the Charter Review Commission shall be 180 days after the date of the first meeting with the first meeting to 11 -16 -2015 Minutes Page - 7 - FOR AGAINST Early Votes Bexar County 63 8 Early Votes Corral /Guadalupe 1356 106 Election Day BexarCounty 44 4 Election Day Coral /Guadalupe 1.048 95 TOTAL 12511 1213 PROPOSITION 18 "The Amendment of the City Charter to provide the term of office of the Charter Review Commission shall be 180 days after the date of the first meeting with the first meeting to 11 -16 -2015 Minutes Page - 7 - occur within forty -five (45) days of the date of appointment." M IIZ�7.y 11 Y [�7►`iG� "The Amendment of the City Charter to provide a Council if required after a common disaster." reconstituting the City Early Votes Bexar County FOR AGAINST Early Votes Bexar County 63 6 Early Votes Comal /Guadalupe 1308 121 Election Day Bexar County 47 2 Election Day Comal/Guadalupe 1021 86 TOTAL 2439 215 M IIZ�7.y 11 Y [�7►`iG� "The Amendment of the City Charter to provide a Council if required after a common disaster." reconstituting the City Early Votes Bexar County 62 9 Early Votes Comal /Guadalupe 1373 97 Election Day Bexar County 49 1 Election Day Comal /Guadalupe 1087 68 TOTAL 2571 175 Ms. Dennis stated that all the City Charter 3. Oath of pffce — (B. A. Newly Elete itions her Thompson' who moved, seconded by :ion No: 15-R-105 canvassing the returns and al City Charter Amendment Election. The vote ler, Councilmembers Azzoz, John, Edwards no. Motion passed. Oath of Office. (B. Dennis) Carpenter ,recognized City Secretary Brenda Dennis who provided the oaths of to newly eluted City Council Place 3 Daryl John, City Council Place 4 Cedric 4,s, and City Council Place 5 Robin Thompson. B. Certificate of Election — Presentation of Certificate of Election. (Mayor Carpenter) Mayor Carpenter presented the newly elected officials of Place 3, 4 and 5 with their certificates of election. Mayor Carpenter recognized each Councilmember allowing them the opportunity to extend their congratulations to the newly elected officials. Councilmembers John, Edwards and Thompson thanked all those who came out and supported them during the election and they also thanked their family. Roll Call Vote Confirmation 11 -16 -2015 Minutes Page - 8 - Mayor Carpenter recognized City Secretary Brenda Dennis who provided the votes for items I and 2. Adjournment Mayor Carpenter adjourned the meeting at 6:58 p.m. Carpenter, Mayor ATTEST: Brenda Dennis, City Secretary 11 -16 -2015 Minutes Page - 9 - Agenda No. 2 CITY COUNCIL MEMORANDUM City Council Meeting: December 1, 2015 Department: Legal Subject: Ordinance No. 15 -M -40 Order Adopting Charter Amendments (Final Reading) 1 YXI OI Kli Z1111►`17 The Texas Local Government Code Section 9.005 provides as follows: Sec. 9.005. ADOPTION OF CHARTER OR AMENDMENT. (a) A proposed charter for a municipality or a proposed amendment to a municipality's charter is adopted if it is approved by a majority of the qualified voters of the municipality who vote at an election held for that purpose. (b) A charter or an amendment does not take effect until the governing body of the municipality enters an order in the records of the municipality declaring that the charter or amendment is adopted. Based on this section of the Texas Local Government Code a Charter amendment is adopted once approved by a majority of the qualified voters but does not take effect until City Council enters an order into its records declaring the amendment adopted. The ordinance proposed for adoption declares all amendments to be adopted effective immediately with the exception of the amendment to Section 4.09(c) in measure two which will not become effective until the first regular City Council meeting that consists of seven City Council members. City Council approved this on first reading at their meeting of November 17, 2015. FISCAL IMPACT There is no known fiscal impact for the City. RECOMMENDATION Adopt the proposed ordinance on final reading. ORDINANCE NO. 15 -M -40 AN ORDINANCE OF THE CITY OF SCHERTZ, TEXAS, ORDERING AND DECLARING THE 2015 CHARTER AMENDMENTS ADOPTED. WHEREAS, on November 3RD, 2015 the City of Schertz held an election on the adoption of amendments to the City's Home Rule Charter; and WHEREAS, on November 16th, 2015 the City Council canvassed the votes of said election; and WHEREAS, Texas Local Government Code Section 9.05 (b) provides that an amendment to a charter does not take effect until the governing body of the municipality enters an order in the records of the municipality declaring that the amendment is adopted; and WHEREAS, pursuant to notice of a public meeting held in compliance with the Texas Open Meetings Act, the City Council of the City of Schertz, Texas, convened into a regular meeting of the City Council on this the 17th day of November, 2015 for the purpose of entering an order into the records of the City and declaring that the amendments to the City Charter are adopted. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS, THAT: Section 1. Findings. The foregoing recitals are hereby found to be true and correct and are hereby adopted by the City Council and made a part hereof for all purposes as findings of fact. Section 2. Proceedings. That an election was duly called and held on November 3rd, 2015 and final votes were canvassed on November 16th, 2015 on the question of the adoption of amendments to the City of Schertz Home Rule Charter. Section 3. Immediate Adoption of Amendments. It is hereby ordered that the following amendments are hereby declared to be adopted based on the canvassing of the November 3rd, 2015 election results: Amendments in Measure 1; The amendment to Section 4.01 in Measure 2; The three year term transition with 7 Council members in Measure 2; and Amendments in Measures 3 through 19. Section 4. Future Adoption of Amendment. It is hereby ordered that the following amendment is hereby declared to be adopted, based on the canvassing of the November 3rd, 2015 election results, effective the first Regular City Council in November 2016 that consists of seven City Council members: The amendment to Section 4.09(c) in Measure 2. Section 5. 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 6. 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 7. That all rights and privileges of the City are expressly saved as to any and all violations of the provision of any ordinances repealed by this ordinance which have accrued at the time of the effective date of this Ordinances; and, as to such accrued violation and all pending litigation, both civil and criminal, whether pending in court or not, under such Ordinances, same shall not be affected by this Ordinance but may be prosecuted until final disposition by the courts. Section 8. 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 9. 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 10. This Ordinance shall be effective upon the date of final adoption hereof and any publication required bylaw. PASSED ON FIRST READING, the day of , 2015. PASSED, APPROVED and ADOPTED ON SECOND READING, the day of , 2015. CITY OF SCHERTZ, TEXAS Mayor, Michael R. Carpenter City Secretary, Brenda Dennis (CITY SEAL) APPROVED AS TO FORM City Attorney's Office CITY OF SCHERTZ, TEXAS HOME RULE CHARTER* PREAMBLE The citizens of the City of Schertz, in the Counties of Guadalupe, Bexar and Comal, State of Texas, being aware that their community is becoming ever larger and more prosperous and that ever increasing growth and prosperity are certain, desire to plan, regulate and control the affairs of the City to the fullest extent possible under the Constitution and general laws of this State. In this spirit, the citizens of the City of Schertz do hereby ordain this the Charter of the City of Schertz and accept the duties and responsibilities which it imposes and the privileges which it grants. [End of Preamble] ARTICLE I NAME OF CITY AND BOUNDARIES Section 1.01 Name. Those persons residing within the limits of the City, as those limits now are or as they may be in the future changed, are hereby constituted and shall continue to be a municipal body politic to exist in perpetuity under the name "CITY OF SCHERTZ" hereinafter referred to as the "City ". Section 1.02 Boundaries; Extension, Annexation and Disannexation. (a) Boundaries. The bounds and limits of the City are hereby established and described as those which exist under authority of the current City ordinances and displayed on a map maintained by the City Secretary and those boundaries established and changed hereafter as provided; such map to be maintained hereafter by the City Manager and maintained in a public place. (b) Extension of Boundaries; Annexation of Territory. The City Council shall have the power by ordinance to annex territory lying adjacent to the City, with or without the consent of the owners or inhabitants thereof, thereby extending and enlarging the bounds and limits of the City. Such annexations shall be limited and controlled by the applicable annexation laws of the State. (c) Disannexation. Any area hereafter annexed under this Charter and the law of this State may be disannexed as follows: i. Prior to disannexing any property of the City a public hearing shall held before both the City's Planning and Zoning commission and City Council on the proposed disannexation. ii. Before the 10th day before the hearing date before the Planning and Zoning Commission, written notice of the public hearing shall be sent to each owner, as indicated by the most recently approved municipal tax roll, of real property within 200 feet of the area to be disannexed. The notice may be served by its deposit in the United States mail, properly addressed with postage paid. iii. Not later than 30 days of completion of the public hearing by the Planning and Zoning Commission the City Council shall hold a public hearing on the proposed disannexation. Before the 15th day before the date of the public hearing, a general description of the property to be disannexed and notice of the time and place of the hearing must be published in an official newspaper or a newspaper of general circulation in the City. iv. Not later than 30 days after the completion of the public hearing conducted by City Council the City Council may adopt an ordinance disannexing the property. A metes and bounds description of the property shall be attached to the ordinance as an exhibit. [End of Article 1] ARTICLE II POWERS OF THE CITY Section 2.01 General Powers. The City shall have all the powers granted to cities by the Constitution and general laws of the State together with all of the implied powers necessary to execute such granted powers. [End of Article II] ARTICLE III FORM OF GOVERNMENT Section 3.01 Establishment. The municipal government provided by this Charter shall consist of a Mayor and Councilmembers, elected by the people and responsible to the people, and a City Manager, appointed by and responsible to the City Council for proper administration of the affairs of the City. Pursuant to its provisions and subject only to the limitations imposed by the Constitution and general laws of the State and by this Charter, all powers of the City shall be vested in the elected Mayor and Councilmembers, who shall enact local legislation, adopt budgets and determine policies. [End of Article III] ARTICLE IV THE CITY COUNCIL Section 4.01 Number, Selection and Term. The City Council shall be composed of the Mayor and seven Councilmembers. The Mayor and all Councilmembers shall be elected from the City at large. Subject to Section 4.06(c), the Mayor and Councilmembers shall be elected in the manner provided in Section 9.01 of this Charter for three -year terms. Each Councilmember shall occupy a position on the City Council, such positions being numbered Place One through Place Seven. Section 4.02 Qualifications. The Mayor and each Councilmember must have attained the age of eighteen or older on the first day of the term of office applied for, be a registered voter of the City of Schertz, and have been a resident of the City for at least twelve consecutive months immediately preceding the deadline for filing for an application for a place on the ballot. Section 4.03 Judge of Election Qualifications. The City Council is the final judge of all elections and the qualifications of its members and any other elected officials of the City. Section 4.04 Compensation. Members of the City Council shall serve with such compensation as determined by the City Council. An increase in compensation shall not be effective for any member of the City Council during the term for which he or she was elected and the increase was approved. Payment of expenses incurred in performance of official duty may be approved by the City Council. Section 4.05 Mayor and Mayor Pro -Tem. Section 4.06 Vacancies, Forfeiture, Filling of Vacancies. (a) Vacancies. The office of a Councilmember or the office of the Mayor shall become vacant upon his or her death, removal from office in any manner authorized by law, or forfeiture of his or her office as provided for in this Charter. (b) Forfeiture. The Mayor or a Councilmember shall forfeit his or her office upon: (1) Final conviction of a felony or of an offense involving moral turpitude, a violation of any state laws regulating conflicts of interest of municipal officers, or is assessed a deferred adjudication or probation for any state laws regulating conflicts of interest of municipal officers. (2) Ceasing to be a resident of the City. (3) Failure to regularly attend City Council meetings without an approved absence obtained by a majority vote by City Council either before or after the absence. There shall be a presumption of failure to regularly attend when three (3) regular meetings are missed during a term year without obtaining an approved absence from City Council. (4) A determination by City Council of the inability or unfitness to promptly and properly discharge official duties because of a serious mental or physical defect that did not exist at the time of election. (c) Filling Vacancies. In the event of a single vacancy in the City Council, if there are 365 days or more remaining on the term of the vacated City Council position, the City Council shall call a special election to fill such vacancy. If there are less than 365 days remaining in the term of the vacated City Council position, the City Council may, by majority vote of the remaining Councilmembers, at its discretion appoint a new Mayor or Councilmember to fill such vacancy or call a special election to fill such vacancy. Section 4.07 Prohibitions (a) Holding other Office. No Mayor or Councilmember shall hold any compensated City office or employment until two (2) years after the expiration of the term for which he or she was elected to the City Council. (b) Appointments and Removals. Neither the City Council nor any of its members shall in any manner dictate the appointment or removal of any City administrative officer or employee whom the City Manager or any of his or her subordinates are empowered to appoint, unless otherwise provided in this Charter, but the City Council may express its views and fully and freely discuss with the City Manager anything pertaining to appointment and removal of such officers and employees. (c) Interference with Administration. Except for the purpose of inquiries, unless otherwise provided in this Charter, the City Council or its members shall deal with City officers and employees who are subject to the direction and supervision of the City Manager solely through the City Manager, and neither the City Council nor its members shall give orders to any such officer or employee, either publicly or privately. (d) Admission of Liability. Neither the City Council nor any of its members shall accept or admit liability or pay any claim for damages asserted against the City without first obtaining a written opinion from the City Attorney regarding the City's liability therein. (e) Conflicts of Interest. It is hereby prohibited for the Mayor or Councilmember or a City Official to violate the rules and regulations regarding conflicts of interests as set out in the Texas Local Government Code, Chapter 171 as amended or its successor. For purposes of this Section term "City Official" means any individual subject to the requirements of Texas Local Government Code, Chapter 171 as amended or its successor. (f) Attorney Client Privilege. It shall be unlawful for the Mayor or a Council Member to release any attorney- client privileged communication. The City Council as the governing body of the City solely holds and is entitled to the attorney client- privilege and it may only be waived by an affirmative vote of two- thirds of the City Council. Section 4.08 Powers of the City Council. All City powers shall be vested in the City Council, except as otherwise provided by law or this Charter. Section 4.09 Meetings and Procedure. (a) Date Time Place and Notice. The City Council shall meet at least once each month at a time and place prescribed by ordinance. Special meetings may be called by the Mayor, the City Manager, or on application of three Councilmembers. Written notice of the date, place and subject of each meeting shall be posted in the City Hall and written notice of no less than twelve hours (two hours in the event of an emergency meeting of the City Council) shall be given to each Councilmember. (b) Open Meetings. Meetings shall be open to the public in accordance with applicable State law. (c) Quorum. Three Councilmembers (excluding the Mayor) shall constitute a quorum, and no action shall be valid unless adopted by the affirmative vote of three or more members of the City Council. If the Mayor Pro -Tern is presiding, he or she shall be counted for purposes of determining a quorum. (c) Quorum. Four Councilmembers (excluding the Mayor) shall constitute a quorum, and no action shall be valid unless adopted by the affirmative vote of four or more members of the City Council. If the Mayor Pro Tern is presiding, he or she shall be counted for purposes of determining a quorum. [EFFECTIVE THE FIRST REGULAR CITY COUNCIL IN NOVEMBER 2016 THAT CONSISTS OF SEVEN CITY COUNCIL MEMBERS] (d) Rules of Procedure. The City Council shall, by ordinance, determine its own rules and order of business, provided, however, that the citizens of the City shall have a reasonable opportunity to be heard at any meeting with regard to any matter relevant to the government of the City except at such meetings of the City Council as may be closed to the public as permitted by State law. Provision shall be made for the taking of minutes, which minutes shall be a public record. Voting, except on procedural matters, shall be by roll call and the ayes and nays shall be recorded in the minutes. (e) Passage of Ordinances and Resolutions. Ordinances and resolutions shall be introduced to the City Council only in written or printed form. The subject or subjects of all ordinances and resolutions shall be clearly expressed in the title. Except as may otherwise be prescribed in this Charter, an ordinance shall not be passed at the meeting of the City Council at which it is first introduced, but instead the ordinance or its caption shall be read, and the City Council will determine whether it shall be rejected or further considered at a subsequent meeting of the City Council. If rejected, no further action shall be required. The City Council must take second and final consideration of any ordinance not later than sixty days after the first reading of such ordinance. Notwithstanding the foregoing provisions, if the City Council, by a vote of not less than two - thirds of the members present at the meeting at which an ordinance is first introduced, determines that an emergency exists requiring immediate action, such ordinance may then be voted upon and rejected or passed at that meeting. The enacting clause of all ordinances shall be, "BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS ", and every ordinance shall be authenticated by the signature of the .Mayor and the City Secretary and shall be systematically recorded and indexed in an ordinance book in a manner approved by the City Council. (1) Franchise ordinances. All ordinances granting, confirming, extending, renewing or amending a franchise shall be accepted in writing by the grantees and before taking effect shall be published as otherwise provided in this Charter. (2) Effective date. Every ordinance passed by the City Council shall be enrolled by the City Secretary as soon as practicable after its passage. If the ordinance was published, he or she shall note the time and place of publication which shall be prima facie proof of publication thereof. The affidavit by the printer or publisher shall also be prima facie proof of the publication. Enrollment of an ordinance shall be prima facie proof of its legal adoption and effect. (3) Codification of ordinances. The City Council shall have the power to cause the ordinances of the City to be corrected, amended, revised, codified and printed in code form as often as the City Council deems advisable, and such printed code, when adopted by the City Council, shall be in full force and effect without the necessity of publishing the same or any part thereof in a newspaper. All printed ordinances or codes of ordinances shall be admitted as evidence in all courts without further proof and shall have the same force and effect as did the original ordinance. Section 4.10 Inquiry Powers. The City Council shall have the authority to inquire into the affairs of the City and the conduct of any City department, office, or agency. (Election of 4 -7 -79, 5 -6 -89, 5 -3 -97, 5- 13 -06) Section 4.1.1 Council Investigations; Hearings; Process. A. General. In addition to any other specific authority of investigation and hearing provided for in this Charter, the City Council shall have the power to inquire into the official conduct of any department, agency, appointed boards, office, officers, employees or appointed board members of the City. For the purpose of investigations and hearings, the City Council shall have the power to administer oaths, subpoena witnesses, compel the production of books, papers, and other evidence material to the inquiry. The City Council shall provide, by ordinance, penalties for contempt in failing or refusing to obey any such subpoena or to produce any such books, papers or other evidence. The City Council shall have the power to punish any such contempt in the manner provided by such ordinance. B. Hearings Process for Forfeitures of Office and Prohibitions. 1. All hearings held under this subsection shall be conducted in open session, except that the City Council may conduct a closed session to get advice from its attorney pursuant to the Texas Open Meetings Act; 2. The office holder subject to any investigation and/or hearing under this section shall be entitled to written notice of the allegations of forfeiture and/or the alleged violation of this Charter as applicable; 3. A special meeting shall be called to hold the hearing; 4. A member of City Council who initiated or is the subject of the investigation or hearing shall not sit at the dais and shall not participate in deliberations or vote; 5. City Council shall adopt by ordinance rules of procedures to be followed; 6. The City Council shall state the nature of the hearing and the allegations to be considered, shall be provided the results of any investigation and a presentation of the evidence against the office holder including, but not limited to testimony from individuals; 7. The individual who is subject to the hearing shall be provided an opportunity to respond to the allegations and present any relevant evidence including, but not limited to, testimony from individuals; 8. City Council may ask questions of any individual; 9. No public comment shall be allowed; 10. In the case of an alleged forfeitures of office pursuant to Section 4.06 (b) of this Charter City Council shall vote on the forfeiture and on the affirmative vote of two- thirds of City Council declare the office of said office holder to be forfeited and vacant; 11. In the case of an alleged violation of Section 4.07 of this Charter City Council may, on the affirmative vote of a majority of the City Council, take any action it determines to be appropriate including, but not limited to, directing further investigation, requesting further information, vote to enforce a penalty pursuant to section 12.10 of this Charter, vote to bring an action in municipal court, take a vote of censure; or, upon the affirmative vote of two - thirds (2/3) of City Council, declare the office of said office holder to be forfeited and vacant. 12. Unless prohibited pursuant to subsection 4 herein, the Mayor shall vote in the case of an alleged forfeitures of office pursuant to Section 4.06 (b) of this Charter or of an alleged violation of Section 4.07 of this Charter. [End of Article IV] ARTICLE V CITY MANAGER Section 5.01 Appointment; Qualifications; Compensation. The City Council shall appoint a City Manager and fix his or her compensation. He or she shall be chosen on the basis of his or her executive and administrative training, experience, ability and character. He or she need not be a resident of the City or State at the time of his or her appointment, but he or she must agree, prior to such appointment, to become a resident of the City within four months after the date of his or her appointment. If he or she thereafter fails to become a resident of the City within that four -month period, he or she shall be deemed to have forfeited his or her appointment and the office shall be declared vacant by announcement of the Mayor at the first meeting of the City Council following the expiration of the four -month period. The City Manager shall serve at the will and pleasure of the City Council. He or she shall be employed for or relieved from his or her duties by a vote of a majority of the members of the entire City Council. Section 5.02 Acting City Manager. By letter filed with the City Secretary the City Manager shall designate, subject to approval of the City Council, a qualified City administrative officer to exercise the powers and perform the duties of City Manager during his or her temporary absence or disability. During any vacancy in the office of City Manager, the City Council may appoint an Acting City Manager to perform the duties of City Manager. During such absence, disability, or vacancy, the City Council may revoke such designation at any time and appoint another officer of the City to serve as Acting City Manager until the City Manager shall return or his or her disability shall cease or such vacancy is filled. (Election of 5 -6 -89, 5- 13 -06) Section 5.03 Powers and Duties of City Manager. The City Manager shall be the chief administrative officer of the City. He or she shall be responsible to the City Council for the administration of all City affairs placed in his or her charge by or under this Charter. He or she shall have the following powers and duties: (a) He or she shall appoint and, when he or she deems it necessary for the good of the City, suspend or remove City employees and appointive administrative officers provided for, by or under this Charter, except as otherwise provided by law, this Charter, or personnel rules adopted pursuant to this Charter. He or she may authorize any administrative officer who is subject to his or her direction and supervision to exercise these powers with respect to subordinates in that officer's department, office or agency. (b) He or she shall direct and supervise the administration of all departments, offices and agencies of the City, except as otherwise provided by this Charter or by law. (c) The City Manager or their designee shall attend all City Council meetings and shall have the right to take part in discussion but may not vote. (d) He or she shall see that all laws, provisions of this Charter and acts of the City Council, subject to enforcement by him or her or by officers subject to his or her direction and supervision, are faithfully executed. (e) He or she shall prepare and submit the annual budget and capital program to the City Council. (f) He or she shall submit to the City Council and make available to the public a complete report on the finances and administrative activities of the City as of the end of each fiscal year. (g) He or she shall make such other reports as the City Council may require concerning the operations of City departments, offices and agencies subject to his or her direction and supervision. (h) He or she shall keep the City Council fully advised as to the financial condition and future needs of the City and make such recommendations to the City Council concerning the affairs of the City. (i) He or she shall perform such other duties as are specified in this Charter or may be required by the City Council. 0) He or she shall keep a written inventory of all real property and all permanent equipment belonging to the City, said inventory to be subject to annual audit. A system shall be established to control the use and replacement of expendable items. (k) He or she shall have the authority to sign documents in the name of the City as authorized by the City Council. (Election of 4 -7 -79, 5 -6 -89, 5- 13 -06) [End of Article V] ARTICLE VI OTHER DEPARTMENTS, OFFICES OR AGENCIES Section 6.01 General Provisions. (a) Creation of Departments. The City Council may continue, discontinue or establish City departments, offices or agencies in addition to those created by this Charter and may prescribe the functions of all departments, offices and agencies. (b) Direction by City Manager. All departments, offices and agencies under the direction and supervision of the City Manager shall be administered by an officer appointed by and subject to the direction and supervision of the City Manager. With the consent of the City Council, the City Manager may serve as the head of one or more such departments, offices or agencies or may appoint one person as the head of two or more of them. (Election of 4 -7 -79, 5- 13 -06) Section 6.02 Operational and Personnel Policies. The City Manager shall be responsible for the preparation of operational and personnel policies. Personnel policies which affect the budget and employee discipline and /or adverse actions shall be approved by City Council. The City Council may accept and adopt such policies as proposed or may adopt them with such amendments as the City Council deems necessary or may reject them in their entirety and direct the City Manager to further consider the policies and present new proposals at a subsequent meeting. Operational and administrative policies shall be approved by the City Manager but shall be provided to City Council for their information. Section 6.03 City Attorney. The City Council shall appoint a City Attorney for an indefinite term and fix his or her compensation. The City Attorney must be a member of the State Bar of Texas. He or she shall serve as chief legal advisor to the City, including the City Council, and, subject to applicable rules of the State Bar of Texas, the City Manager, supervisors of City departments and other City officers and agencies. He or she shall represent the City in all legal proceedings and shall perform any other duties prescribed by this Charter, ordinances of the City, or State laws. The City Council may retain an additional attorney or attorneys for the City when the City Attorney is absent or as other circumstances require. Section 6.04 Judge of the Municipal Court. The City Council shall establish a Municipal Court and shall appoint a Judge (and may appoint one or more deputy Judges) of the Municipal Court of the City and fix his or her compensation. Sessions of the Municipal Court shall be held at such times as may be determined by the Judge of the Municipal Court. When the Judge is absent, disabled or unable to perform his or her duties for any cause, or his or her office becomes vacant by reason of death, removal or resignation and no deputy Judge has been appointed, the City Council may appoint a special Judge of said court who shall serve until the Judge of said court returns to his or her duties or a successor is appointed and qualifies or a deputy Judge is appointed and qualifies. (Election of 4 -7 -79, 5 -6 -89, 5 -3 -97, 5- 13 -06) Section 6.05 Terms of Office of City Attorney and Municipal Judge. Neither the City Attorney nor the Judge of the Municipal Court shall have any specified term of office, but each shall serve at the will and pleasure of the City Council. Either of such officers may be appointed to or relieved from office by a majority vote of the City Council. Section 6.06 City Secretary. (a) The City Council shall appoint a City Secretary who shall act as Secretary of the City Council and who shall hold office at the pleasure of the City Council. The City Secretary shall be the clerical officer of the City Council, and shall keep the minutes, agenda, ordinances and other official records of the City Council and the City. The City Secretary shall be the custodian of the official seal of the City, and shall have such other duties and powers prescribed in this Charter and by the City Council. The City Council will set the compensation for the City Secretary. The City Secretary shall report administratively to the City Manager but may be removed from office only by the City Council. (b) Upon approval by City Council of the position(s), the City Secretary may hire a deputy or deputies. The Deputy or Deputies shall report directly to the City Secretary. [End of Article VI] ARTICLE VII FINANCIAL PROCEDURES Section 7.01 Fiscal Year. The fiscal year of the City shall begin on the first day of October and end on the last day of the following September. Section 7.02 Submission of Budget. The City Manager shall submit to the City Council a budget for the ensuing fiscal year and an accompanying message not later than fifty days prior to the beginning of each fiscal year. Section 7.03 Capital Improvements Program. The City Manager may prepare and submit to the City Council a five year capital improvements program on his or her own initiative and shall do so when so directed by the City Council. Section 7.04 Audit. The City Council shall cause an annual audit to be made of the books and accounts of each department of the City and shall have an annual financial statement prepared based on the audit. A complete audit shall be made at the end of each fiscal year, and at such other times as may be necessary, by an independent Certified Public Accountant who shall be selected by the City Council. The annual financial statement, including the auditor's opinion, shall be filed with the City Secretary and shall be available for public inspection. The auditor selected shall not maintain or keep any of the City accounts or records. [End of Article VII] ARTICLE VIII ARTICLE IX NOMINATIONS AND ELECTIONS Section 9.01 City Elections. (a) The regular City election shall be held annually on the uniform election date in November, or at such other times as may be authorized or specified by State Law, at which time officers will be elected to fill those offices which become vacant that year. (b) The City Council shall fix the place for holding such election. (c) The City Council may, by ordinance or resolution, order a special election, fix the date and place for holding same, and provide all means for holding such special election. Section 9.02 Candidates. (a) Any person having the qualifications set forth for under Section 4.02 of this Charter shall have the right to file an application to have his or her name placed on the official ballot as a candidate for any one elective office. 1. Any such application shall be in writing, signed by such candidate, and filed with the City Secretary in accordance with the Texas Elections Code and this Charter. 2. An application filed in accordance herewith shall entitle such applicant a place on the official ballot. (b) A candidate of the City Council shall specify the place number or position the candidate is seeking. (c) A filing fee of five dollars, or such other amount as may hereafter be set by the City Council, must be paid to the City Secretary by each candidate upon presentation of his or her application. The filing fee shall be waived if the candidate states in writing that payment thereof will constitute a financial hardship. Section 9.03 Determination of Election Results. In the event no candidate for an elective office receives a majority of the votes cast for that place in the general or special election, a run -off election shall be held between the two (2) candidates who received the greater number of votes. In the event a tie vote makes it impossible to determine the winning candidate or candidates, resolution of such tie shall be decided as provided in the Texas Election Code. Section 9.04 City Council Ballots. The names of all candidates for office, except such as may have withdrawn, died or became ineligible, shall be printed on the official ballots in the order of Mayor, Councilmember -Place One, etc., without party designation, and the order of listing the candidates' names for each such office shall be determined in a drawing of lots conducted by the City Secretary. Early voting shall be governed by the general election laws of the State. (Election of 5 -6 -89, 5 -3 -97, 5- 13 -06) Section 9.05 Ballots for Ordinances and Charter Amendments. An ordinance or Charter amendment to be voted on by the City shall be presented for voting by ballot title. The ballot title of a measure may differ from its legal title and shall be a clear, concise statement, describing the substance of the measure without argument or prejudice. Below the ballot title shall appear the following question: "Shall the above described (ordinance) (amendment) be adopted ?" Immediately below such question shall appear, in the following order, the words "yes" and "no ". Ballots shall include voting instructions. (Election of 5- 13 -06) [End of Article IX] ARTICLE X INITIATIVE, REFERENDUM AND RECALL Section 10.01 General Authority. (a) Initiative. The qualified voters of the City shall have power to propose ordinances to the City Council. If the City Council fails to adopt an ordinance so proposed without any change in substance, the qualified voters shall have the power to adopt or reject it at a City election, provided that such power shall not extend to the budget or capital program or any ordinance relating to appropriation of money, levy of taxes or salaries of City officers or employees. (b) Referendum. The qualified voters of the City shall have power to require reconsideration by the City Council of any adopted ordinance. If the City Council fails to repeal an ordinance so reconsidered, the qualified voters shall have the power to approve or reject it at a City election, provided that such power shall not extend to the budget or capital program or any emergency ordinance or ordinance relating to appropriation of money or levy of taxes. (c) Recall. The qualified voters of the City shall have the power to petition for recall of the Mayor or any member of the City Council by name and Place. (Election of 4 -7 -79, 5- 13 -06) Section 10.02 Commencement of Proceedings; Petitioners' Committee; Affidavit. Any five qualified voters may commence initiative, referendum or recall proceedings by filing with the City Secretary an affidavit stating they will constitute the petitioners' committee and will circulate the petition and file it in proper form stating their names and addresses and specifying the address to which all notices to the committee are to be sent and setting out in full the proposed initiative ordinance or citing the ordinance sought to be reconsidered. The affidavit for recall must distinctly and specifically state the reason or reasons for which the petition for recall is predicated and include the other requirements set forth in Section 10.06(b). Promptly after the affidavit of the petitioners' committee is filed, the City Secretary shall issue the appropriate petition blanks to the petitioners' committee. (Election of 4 -7 -79, 5- 13 -06) Section 10.03 Petitions. (a) Number of Signatures. Initiative and referendum petitions must be signed by qualified voters of the City equal in number to at least fifteen (15) percent of the number of voters registered to vote at the last general City election. Recall petitions must be signed by qualified voters of the City equal in number to at least twenty (20) percent of the number of voters registered to vote at the last general City election. (b) Form and Content. All pages of a petition shall be uniform in size and style and shall be assembled as one instrument for filing. For a petition signature to be valid, the petition must: (1) contain in addition to the signature: (A) the signor's printed name; and (B) the signor's (i) date of birth; or (ii) voter registration number and the County of voter registration; and (C) the signor's residence address (including street address and County of voter registration); and (2) comply with any other applicable requirements prescribed by State law. Petitions shall contain or have attached thereto throughout their circulation the full text of the proposed ordinance or other subject matter of the petition. A recall petition must distinctly and specifically state the reason or reasons upon which the petition is predicated. (c) Affidavit of Circulator. Each page of a petition shall have attached to it when filed the following notarized affidavit, with all blanks properly completed: "STATE OF TEXAS § CITY OF SCHERTZ § I, , being first duly sworn, on oath confirm that (i) I am one of the signers of the above petition, (ii) I personally circulated the foregoing page of said petition, (iii) there are _ signatures on such page, (iv) each of the signatures appearing on such page was signed in my presence on the day and date it purports to have been signed, (v) the same are the genuine signatures of the persons whose names they purport to be, and (vi) each signer had an opportunity to read the full text of the ordinance or other subject matter of the petition. Sworn and subscribed to before me, this the day of ,20 . Signed and Sealed by a Notary Public in and for State of Texas" (d) Filing Recall Petition. Recall petitions shall be initiated and filed with the City Secretary within sixty days after the petitioners' committee files its affidavit. (e) Filing Referendum Petitions. Referendum petitions must be filed within sixty days after adoption by the City Council of the ordinance sought to be reconsidered. (Election of 4 -7 -79, 5 -6 -89, 5 -3 -97, 5- 13 -06) Section 10.04 Procedure After Filing. (a) Certificate of City Secretary; Amendment. Within twenty days after the petition is filed, the City Secretary shall complete a certificate as to its sufficiency, specifying, if it is insufficient, the particulars wherein it is defective and shall promptly send a copy of the certificate to the petitioners' committee by registered mail. A petition certified insufficient for lack of the required number of valid signatures may be amended once if the petitioners' committee files a notice of intention to amend it with the City Secretary within two days after receiving the copy of his or her certificate and files a supplementary petition upon additional papers within ten days after receiving the copy of such certificate. Such supplementary petition shall comply with the requirements of subsections (b) and (c) of Section 10.03, and within five days after it is fled, the City Secretary shall complete a certificate as to the sufficiency of the petition as amended and promptly send a copy of such certificate to the petitioners' committee by registered mail as in the case of an original petition. If a petition or amended petition is certified insufficient and the petitioners' committee does not elect to amend or request City Council to review under subsection (b) of this Section within the time required, the City Secretary shall promptly present his or her certificate to the City Council and the certificate shall then be a final determination as to the sufficiency of the petition. (b) City Council Review. If a petition has been certified insufficient and the petitioners' committee does not file notice of intention to amend it or if an amended petition has been certified insufficient, the committee may, within two days after receiving the copy of such certificate, file a request that it be reviewed by the City Council. The City Council shall review the certificate at its next meeting following the filing of such request and approve or disapprove it, and the City Council's determination shall then be a final determination as to the sufficiency of the petition. (c) Court Review; New Petition. A final determination as to the sufficiency of a petition shall be subject to court review. A final determination of insufficiency, even if sustained upon court review, shall not prejudice the fling of a new petition for the same purpose. (Election of 5 -6 -89, 5- 13 -06) Section 10.05 Referendum Petitions; Suspension of Effect of Ordinance. When a referendum petition complying with all the provisions of Sections 1.0.03 and 10.04 is filed with the City Secretary the ordinance sought to be reconsidered shall be suspended from taking effect. Such suspension shall terminate when: (a) there is a final determination of insufficiency of the petition, or (b) the petitioner's committee withdraws the petition, or (c) the City Council repeals the ordinance, or (d) voters sustain the ordinance in an election. Section 10.06 Action on Petitions. (a) Action by City Council on Initiative or Referendum. When an initiative or referendum petition has been fully determined sufficient, the City Council shall promptly consider' the proposed initiative ordinance in the manner provided in Article IV or reconsider the referred ordinance by voting its repeal. If the City Council fails to adopt a proposed initiative ordinance without any change in substance within sixty days or fails to repeal the referred ordinance within thirty days after the date the petition was finally determined sufficient, it shall submit the proposed or referred ordinance to the voters of the City at a special election. (b) Action by City Council on Petition for Recall. The recall petition must be addressed to the City Council of the City, must distinctly and specifically point out the ground or grounds upon which such petition for removal is predicated, and, if there be more than one ground, such as for incompetency, misconduct or malfeasance in office, shall specifically state each ground with such certainty as to give the officer sought to be removed notice of the matters and things with which he or she is charged. The officer whose removal is sought may, within five days after such recall petition has been presented to the City Council request that a public hearing be held to permit him or her to present facts pertinent to the charges specified in the recall petition. In this event, the City Council shall order such public hearing to be held, not less than five days nor more than fifteen days after receiving such request for a public hearing. If the officer whose removal is sought does not resign, then it shall become the duty of the City Council to order a recall election and fix a date for holding such recall election. (c) Submission to voters. The special election on a proposed or referred ordinance or petition for recall shall be held on the earliest date permitted by State and federal law after the date of the final City Council vote thereon. Copies of the proposed or referred ordinance shall be made available at the polls. (Election of 5 -3 -97, 5- 13 -06) Section 10.07 Results of Election. (a) Initiative. If a majority of the qualified voters voting on a proposed initiative ordinance vote in its favor, it shall be considered adopted upon certification of the election results and shall be treated in all respects in the same manner as ordinances of the same kind adopted by the City Council. If conflicting ordinances are approved at the same election, the one receiving the greatest number of affirmative votes shall prevail to the extent of such conflict. (b) Referendum. If a majority of the qualified voters voting on a referred ordinance vote against it, it shall be considered repealed upon certification of the election results. (c) Recall. If a majority of the votes cast at a recall election shall be against the recall of the person named on the ballot, he or she shall continue in office for the remainder of his or her unexpired term. If a majority of the votes cast at such election shall be for the recall of the person named on the ballot, he or she shall be deemed removed from office and the vacancy shall be filled as provided in Section 4.06(c) of this Charter. (Election of 5 -6 -89, 5 -3 -97, 5- 13 -06) Section 10.08 Limitation on Recall. No Councilmember shall be subject to recall within six months of his or her election to office nor more than once during one term of office. A recall election need not be ordered by the City Council against any Councilmember on whom a petition is filed if his or her term of office is to expire within ninety days after the petition is filed with the City Secretary. (Election of 4 -7 -79, 5 -6 -89, 5 -3 -97, 5- 13 -06) Section 10.09 Ordinances Passed by Petition, Repeal or Amendment. No ordinance which may have been passed by the City Council upon a petition or adopted by popular vote under the provisions of this Article may be repealed or amended by the City Council for a period of three (3) years from the date said ordinance became effective and then only upon an affirmative vote of two- thirds (2/3s) of the City Council. [End of Article X] ARTICLE XI ARTICLE XII GENERAL PROVISIONS Section 12.01 Personal Financial Interest. For purposes of this Section term "City Official" means any individual subject to the requirements of Texas Local Government Code, Chapter 171. It is hereby prohibited for City Council members or a City Official to violate the rules and regulations regarding conflicts of interests as set out in the Texas Local Government Code, Chapter 171. Section 12.02 Charter Amendment. Amendments to this Charter may be framed and submitted to the voters of the City by a charter commission in the manner provided by law, by ordinance passed by a majority vote of the full membership of the City Council, or by a petition signed by not less than five percent of the qualified voters of the City. When a charter amendment petition shall have been filed in conformity with Section 10.03 of this Charter, the City Council shall, subject to applicable law, forthwith provide by ordinance for submitting such proposed amendment to a vote of the voters of the City. Any ordinance for submitting a charter amendment to the voters shall provide for submission of such amendments to the voters in accordance with applicable law. Not less than thirty days prior to such election the City Secretary shall make available at the City Offices a copy of the proposed amendment or amendments. If a proposed amendment shall be approved by a majority of the voters voting thereon, it shall become a part of the Charter at the time fixed therein. Each amendment shall be confined to one subject; and, when more than one amendment shall be submitted at the same time, they shall be submitted so as to enable the voters to vote on each separately. (Election of 4 -7 -79, 5 -6 -89, 5 -3 -97, 5- 13 -06, 11 -4 -08) Section 12.03 Charter Review Commission. The City Council shall periodically appoint a Charter Review Commission which shall consist of no less than 5 and no more than 11 citizens of the City. It shall be the duty of the Commission to: (a) Inquire into the operation of the City government under the Charter provisions and determine whether any such provisions require revision and to this end, public hearings may be held and the Commission shall have the power to compel the attendance of any officer or employee of the City to require the submission of any of the City records which it may consider necessary to the conduct of such hearing. (b) Make any recommendations it considers desirable to insure compliance with the provisions of this Charter by the several departments of the City. (c) Propose amendments to this Charter to improve its effective application to current conditions. (d) Report its findings and present its proposed amendments, if any, to the City Council. The City Council shall receive any report submitted by the Charter Review Commission, may comment on any proposed amendment recommendations made, and, if any amendment or amendments are presented as a part of such report, shall order such to be submitted to the voters of the City in the manner provided in Section 12.04. (e) The term of office of the Charter Review Commission shall be 180 days after the of the first meeting, said first meeting to occur within forty -five (45) days of the date of appointment. If during this term no report is presented to the City Council, then all records of the proceedings of the Commission shall be filed with the City .Manager and the Charter Review Commission shall be dismissed. (Election of 4 -7 -79, 5 -3 -97, 5- 13 -06) Section 12.04 Separability. If any provision of this Charter is held invalid, the other provisions of the Charter shall not be affected thereby. If the application of this Charter or any of its provisions to any person or circumstances is held invalid, the application of the Charter and its provisions to other persons or circumstances shall not be affected thereby. (Election of 4 -7 -79, 5- 1.3 -06) Section 12.05 State Law. References in this Charter to "State law" shall refer to applicable provisions of State law in effect from time to time. (Election of 5- 13 -06) Section 12.06 Headings. Headings and titles of Sections and subsections of this Charter are for convenience only and shall not affect the meaning of any provisions within such Sections. (Election of 5- 13 -06) Section 12.07 Penalty Clause. A. Criminal Penalty. Any person who by himself or with others violates any provision of this charter shall, in addition to any other penalty, be guilty of a misdemeanor and upon conviction thereof shall be punishable by a fine of not more $500.00. City Council shall enact an ordinance enforcing this section. B. Civil Penalty. Upon the affirmative vote of two - thirds of the City Council any person who by himself or with others violates any provision of this charter shall be, in addition to any other penalty provided for herein, subject to a civil fine of not more than $500.00. Section 12.08 Disaster Clause. In the case of a common disaster when a legal quorum of the City Council cannot otherwise be assembled due to multiple deaths or injuries, the surviving persons of the City Council, or highest surviving City official, if no elected official remains, shall, within 24 hours of such disaster, request the highest surviving officers of the Guadalupe County Commissioners Court to appoint a number of residents of Schertz, qualified to serve as City Council Members, equal to the number necessary to make a quorum to act during the emergency as the City Council. The newly appointed City Council shall call a City election within 15 days of their appointment, or as provided in the Texas Election Code, for election of the vacant offices, if for good reasons it is known a quorum of the present City Council will never again meet. If it is determined that a quorum of the City Council will meet again, the appointed Council Members shall serve in their position until such time as the Council Members may begin serving. [End of Article XII] AFFIDVITE OF CERTIFICATION OF AMENDMENT AND AUTHENTICITY OF THE CITY OF SCHERTZ'S HOME RULE CHARTER AMENDMENTS THE STATE OF TEXAS BEFORE ME, the undersigned authority, on this day personally appeared Michael R. Carpenter who, being by me duly sworn, deposed as follows: My name is Michael R. Carpenter. I am over the age of twenty -one (21) years, am of sound mind and am fully capable of making this affidavit. The testimony recited below is within my personal knowledge and is true and correct. I am the Mayor of City of Schertz. Attached hereto as Exhibit" A" is a true and correct copy of the City of Schertz's Home Rule City Charter as amended by the citizens of Schertz on November 3rd, 2015. In addition, attached hereto as Exhibit "B" is a true and correct copy of the minutes canvassing the election held on November 3rd, 2015 amending the City's Home Rule Charter. SUBSCRIBED AND SWORN TO BEFORE ME, the undersigned authority on this day of 2015, to certify which witness my hand and official seal. Notary Public, State of Texas (SEAL) Agenda No. 3 CITY COUNCIL MEMORANDUM City Council Meeting: December 1, 2015 Department: Legal Subject: Ordinance No. 15 -M -41 Criminal Penalty for violation of City Charter (Final Reading) The recently adopted amendments to the City Charter included a requirement that the City Council adopt an ordinance creating a criminal penalty for a violation of the City Charter. This item was approved on first reading at the November 17, 2015 City Council meeting. FISCAL IMPACT There is no known fiscal impact for the City. Adopt the proposed ordinance on final reading. MRaC0304lU1010117_74 Y[00 Ordinance No. 15 -M -41 50077367.2 ORDINANCE NO. 15 -M -41 AN ORDINANCE OF THE CITY OF SCHERTZ, TEXAS, ADOPTING CRIMINAL PENALTIES FOR VIOLATION OF THE CITY CHARTER. WHEREAS, on November 3RD, 2015 the City of Schertz held an election on the adoption of amendments to the City's Home Rule Charter; and WHEREAS, Proposition No. 4 included a measure to amend the City Charter to include a criminal provision for violation of any provision of the Charter; and WHEREAS, on November 16th, 2015 the City Council canvassed the votes of said election; and WHEREAS, pursuant to notice of a public meeting held in compliance with the Texas Open Meetings Act, the City Council of the City of Schertz, Texas, convened into a regular meeting of the City Council on this the 17th day of November, 2015 for the purpose of entering an order into the records of the City and declaring that Proposition 4 was adopted; and WHEREAS, pursuant to the Charter amendment City Council is required to enact an ordinance to enforce the criminal provisions adopted. 110 1. II / . . I ■ SCHERTZ, TEXAS, THAT: Section 1. Findings. The foregoing recitals are hereby found to be true and correct and are hereby adopted by the City Council and made a part hereof for all purposes as findings of fact. Section 2. Criminal Penalty Adopted. That any person who by himself or with others violates any provision of the City Charter shall, in addition to any other penalty, be guilty of a misdemeanor and upon conviction thereof shall be punishable by a fine of not more $500.00. Section 3. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Ordinance for all purposes and are adopted as a part of the judgment and findings of the Council. Section 4. 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 5. That all rights and privileges of the City are expressly saved as to any and all violations of the provision of any ordinances repealed by this ordinance which have accrued at the time of the effective date of this Ordinances; and, as to such accrued violation and all pending litigation, both civil and criminal, whether pending in court or not, under such Ordinances, same shall not be affected by this Ordinance but may be prosecuted until final disposition by the courts. Section 6. 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 7. 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 8. This Ordinance shall be effective upon the date of final adoption hereof and any publication required by law. PASSED ON FIRST READING, the day of 12015. PASSED, APPROVED and ADOPTED ON SECOND READING, the day of 12015. CITY OF SCHERTZ, TEXAS Mayor, Michael R. Carpenter ATTEST: City Secretary, Brenda Dennis (CITY SEAL) 101 R 9 0 City Attorney's Office Agenda No. 4 CITY COUNCIL MEMORANDUM City Council Meeting: December 1, 2015 Department: Council Subject: Resolution No. 15 -R -100- Comal Appraisal District Board of Directors for FY2016 -17 BACKGROUND The City has received a letter regarding the Official Ballot to cast votes for the Board of Directors election for the Comal Appraisal District. Direction and a resolution format for submission are included. Per Section 6.03(k) of the Texas Property Tax Code, the governing body of each taxing unit entitled to vote shall determine by resolution and submit its vote by way of returning the ballot to the chief appraiser prior to December 15, 2015. Taxing units allotted votes may be cast for one candidate or may distributed among any number of candidates. The chief appraiser shall count the votes, declare the candidates who receive the largest cumulative vote total, and submit the results prior to December 31, 2015 . to the governing body of each taxing unit who participated in the election and to each of the candidates. The City has 68 votes to cast. The Candidates are: • Wade Cleary • Dan Kruegar • John Kuntz • Randy Maschek • Nancy Pappas • Dennis Rather There are 5,000 votes amongst the 11 client agencies which use the Comal Appraisal District. FISCAL IMPACT None ' t 1• � I Staff contacted the City of New Braunfels and they indicated that they were going to split the votes equally among the six candidates. Staff also recommends Council split their 68 votes equally among the six candidates. ATTACHMENT City Council Memorandum Page 2 Resolution No. 15 -R -100 Appraisal District letter and ballot RESOLUTION NO. 15 -R -100 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS CASTING VOTES TO ELECT DIRECTORS FOR THE COMAL COUNTY APPRAISAL DISTRICT FOR THE 2016 -2017 TERM. WHEREAS, section 6.03(k), of the Texas Property Tax Code, as amended by HB2043, requires that each taxing unit entitled to vote cast their votes by Resolution and submit results of that vote to the Chief Appraiser of the Comal County Appraisal District on or before December 15, 2015. THEREFORE, THE City of Schertz, Schertz Texas submits the attached Official Ballot, as issued by the Chief Appraiser, stating the votes for candidates for the election of the Board of Directors for the Comal County Appraisal District for 2016 -2017. ACTION TAKEN this 1 st day of December 2015, in Regular Session of the governing body of the above mentioned taxing unit; as authorized under Section 6.03(k) of the Texas Property Tax Code, and amended by HB2043, for the purpose of casting votes to elect the Board of Directors of the Bexar County Appraisal District. PASSED AND ADOPTED, this st day of December, 2015. . CITY OF SCHERTZ, TEXAS Michael R. Carpenter, Mayor Brenda Dennis, City Secretary CITY SEAL COMAL APPRAISAL DISTRICT 900 S. SEGUIN AVENUE NEw BRAUNFELS, TEXAS 78130 CURTIS KOEHLER CHIEF APPRAISER September 10, 2015 Mayor Michael Carpenter City of Schertz 1400 Schertz Parkway Schertz, TX 78154 REF: Board of Directors Election Section 6.03(e) of the Texas Property Tax Code states `The chief appraiser shall calculate the number of votes to which each taxing unit other than a conservation and reclamation district is entitled and shall deliver written notice to each of those units of its voting entitlement before October 1 of each odd - numbered year. Below is the voting calculation worksheet that indicates the number of votes you are eligible to submit in the upcoming election of the Board of Directors for Comal Appraisal District. The official ballot will be mailed to each entity no later than October 30, 2015. TAXING UNITS 2014 TAX LEVY PERCENTAGE VOTES COMAL I.S.D. $ 127,259,573.23 0.54156 2709 COMAL COUNTY $ 41,634,376.89 0.17717 886 NEW BRAUNFELS I.S.D. $ 38,363,780.29 0.16325 816 CITY OF NEW BRAUNFELS $ 20,888,641.04 0.08889 444 CITY OF GARDEN RIDGE $ 1,688,346.83 0.00718 36 CITY OF SCHERTZ $ 3,197,577.94 0.01361 68 BOERNE I.S.D. $ 973,338.73 0.00414 21 CITY OF BULVERDE $ 711,417.38 0.00303 15 CITY OF FAIR OAKS $ 249,851.38 0.00106 5 WIMBERLEY I.S.D $ 15,140.77 0.00006 0 CITY OF SELMA $ 11,290.66 0.00005 0 $ 234,993,335.14 100.00000 5000 Sincerely, Curtis Koehler, RPA Chief Appraiser Phone (830) 625 -8597 www.comalad.org Metro (830) 606 -1407 Phone (830) 885 -4975 Fax (830) 625 -8598 COMAL APPRAISAL DISTRICT 900 S. SEGUIN AVENUE NEW BRAUNrELs, TExAs 78130 CURTIS KOEHLER CRIEPAPPRAISER October 22, 2015 Mr. John Kessel City of Schertz 1400 Schertz Parkway Schertz, TX 78154 RE: 2016 -2017 Board of Directors Election Ballot Dear Mr. Kessel: Enclosed is the 2016 -2017 Board of Directors ballot for the city of Schertz. As per Section 6.03(d) of the Texas Property Tax Code, "voting entitlement is determined by dividing the total dollar amount of property taxes imposed in the district by the taxing unit for the preceding tax. year by the sum of the total dollar amount of property taxes imposed in the district for that year by each taxing unit that is entitled to vote, by multiplying the quotient by 1,000 and by rounding the product to the nearest whole number." Also, Section 6.03 (k) of the Texas Property Tax Code requires that each taxing unit entitled to vote cast their vote by Resolution and submit results of that vote to the Chief Appraiser of the Comal Appraisal District by December 15, 2015. In calculating this year's votes, it is determined that the city of Schertz has 68 votes to cast in this election. Sincerely, r Curtis Koehler, RPA Chief Appraiser Enclosure Phone (830) 625 -8597 www.comalad.org Metro (830) 606 -1407 Phone (830) 885 -4975 Fax (830) 625 -8598 OFFICIAL BALLOT Issued to: City of Schertz TO ELECT BOARD OF DIRECTORS FOR THE COMAL APPRAISAL DISTRICT FOR THE YEARS 2016 -2017 Directions: Please enter the number of votes cast on the blank space opposite the name of the candidate or divide those votes amount any number of the candidates. You have 68 total available votes. Issued under my hand this 22nd day of October, 2015. Curtis Koehler, Chief Appraiser ________________________________________e_______ _________________.._- ___o______ RESOLUTION OF VOTES CAST TO ELECT DIRECTORS FOR THE COMAL APPRAISAL DISTRICT FOR THE YEARS 2016 -2017 WHEREAS, Section 6.03(k), of the Texas Property Tax Code requires that each taxing unit entitled to vote cast their vote by Resolution and submits results of that vote to the Chief Appraiser of the Comal Appraisal District by December 15, 2015. THEREFORE, the City of Schertz submits the above Official Ballot, as issued by the Chief Appraiser, stating the vote for candidates for the election of the Board of Directors for the Comal Appraisal District. ACTION TAKEN this day of , 2015, in Session of the governing body of the above mentioned taxing unit; as authorized under Section 6.03 of the Texas Property Tax Code for the purpose of casting votes to elect the Board of Directors of the Comal Appraisal District. ATTEST: CANDIDATES NOMINATING BODY VOTES CAST 1. Wade Cleary CISD 2. Dan Krueger CISD 3. John Kuntz CISD 4. Randy Maschek CISD, Garden Ridge 5. Nancy Pappas CISD 6. Dennis Ryther Comal County, Fair Oaks Ranch Issued under my hand this 22nd day of October, 2015. Curtis Koehler, Chief Appraiser ________________________________________e_______ _________________.._- ___o______ RESOLUTION OF VOTES CAST TO ELECT DIRECTORS FOR THE COMAL APPRAISAL DISTRICT FOR THE YEARS 2016 -2017 WHEREAS, Section 6.03(k), of the Texas Property Tax Code requires that each taxing unit entitled to vote cast their vote by Resolution and submits results of that vote to the Chief Appraiser of the Comal Appraisal District by December 15, 2015. THEREFORE, the City of Schertz submits the above Official Ballot, as issued by the Chief Appraiser, stating the vote for candidates for the election of the Board of Directors for the Comal Appraisal District. ACTION TAKEN this day of , 2015, in Session of the governing body of the above mentioned taxing unit; as authorized under Section 6.03 of the Texas Property Tax Code for the purpose of casting votes to elect the Board of Directors of the Comal Appraisal District. ATTEST: COMAL APPRAISAL DISTRICT 900 S. SEGUIN AVENUE NEW BRAUNFELS, TEXAS 78130 CURTIS KOEHLER CHIEF APPRAISER September 10, 2015 Mr. John Kessel City of Schertz 1400 Schertz Parkway Schertz, TX 78154 REF: Board of Directors Election Section 6.03(e) of the Texas Property Tax Code states `The chief appraiser shall calculate the number of votes to which each taxing unit other than a conservation and reclamation district is entitled and shall deliver written notice to each of those units of its voting entitlement before October 1 of each odd - numbered year. Below is the voting calculation worksheet that indicates the number of votes you are eligible to submit in the upcoming election of the Board of Directors for Comal Appraisal District. The official ballot will be mailed to each entity no later than October 30, 2015. TAXING UNITS 2014 TAX LEVY PERCENTAGE VOTES COMAL I.S.D. $ 127,259,573.23 0.54156 2709 COMAL COUNTY $ 41,634,376.89 0.17717 886 NEW BRAUNFELS I.S.D. $ 38,363,780.29 0.16325 816 CITY OF NEW BRAUNFELS $ 20,888,641.04 0.08889 444 CITY OF GARDEN RIDGE $ 1,688,346.83 0.00718 36 CITY OF SCHERTZ $ 3,197,577.94 0.01361 68 BOERNE I.S.D. $ 973,338.73 0.00414 21 CITY OF BULVERDE $ 711,417.38 0.00303 15 CITY OF FAIR OAKS $ 249,851,38 0.00106 5 WIMBERLEY I.S.D $ 15,140.77 0.00006 0 CITY OF SELMA $ 11,290.66 0.00005 0 $ 234,993,335.14 100.00000 5000 Sincerely, Curtis Koehler, RPA Chief Appraiser Phone (830) 625 -8597 www.comalad.org Metro (830) 606 -1407 Phone (830) 885 -4975 Fax (830) 625 -8598 COMAL APPRAISAL DISTRICT 900 S. SEGUIN AVENUE NEW BRAUNFELs, TERAs 78130 CURTIS KOEHLER CHIEFAPPRAISER August 18, 2015 Mr. John Kessel City of Schertz 1400 Schertz Parkway Schertz, TX 78154 REF: Board of Directors Election It is time to begin the Board of Directors election process for the 2016 -2017 term. Each voting entity may nominate candidates for each position by resolution as stated in the tax code quoted below: Section 6.03(g) of the Texas Property Tax Code states "Each taxing unit other than a conservation and reclamation district that is entitled to vote may nominate by resolution adopted by its governing body one candidate for each position to be filled on the board of directors. The presiding officer of the governing body of the unit shall submit the names of the unit's nominees to the chief appraiser before October 15. " Each candidate must be eligible to serve as stated in the tax code quoted below: Regarding eligibility, Section 6.03(a) states "To be eligible to serve on the board of directors, an individual other than a county assessor - collector serving as a nonvoting director must be a resident of the district and must have resided in the district for at least two years immediately preceding the date the individual takes office. An individual who is otherwise eligible to serve on the board is not ineligible because of membership on the governing body of a taxing unit. An employee of a taxing unit that participates in the district is not eligible to serve on the board unless the individual is also a member of the governing body or an elected official of a taxing unit that participates in the district. " For your convenience we have attached a list of th e whether or not the member is willing to serve again. nominees to this office no later than October 15, 20 official ballot. current Board of Directors and Please submit the names of your 15 so they may be placed on the Phone (830) 625 -8597 www.comalad.org Metro (830) 606 -1407 Phone (830) 885 -4975 Fax (830) 625 -8598 BOARD , DIRECTORS 2014-2015 \ U NOMINATING WILLING TO POSITION MEMBER ENTITY SERVE 2016 -2017 Chairman Dan Krueger Comal ISD, City of NB Yes Vice Chairman Craig Hall Comal ISD, City of NB, No Comal County Secretary Randy Maschek Comal ISD, City of NB, Yes City of Garden Ridge Member Robert Doyle Comal ISD Yes Member Wade Cleary Comal ISD Yes As o£ 8/18/2015 Agenda No. 5 CITY COUNCIL MEMORANDUM City Council Meeting: December 1, 2015 Department: Council Subject: Resolution No. 15 -R -101- Guadalupe County Appraisal District Board of Directors for FY2016 -17 BACKGROUND The City has received a letter regarding the Official Ballot to cast votes for the Board of Directors election for the Guadalupe Appraisal District. Direction and a resolution format for submission are included. Per Section 6.03(b) of the Texas Tax Code, the terms of all members of the Guadalupe Appraisal District Board of Directors will expire on December 31, 2015.the governing body of each taxing unit entitled to vote shall determine by resolution and submit its vote by way of returning the ballot to the chief appraiser prior to December 15, 2015. Taxing units allotted votes may be cast for one candidate or may distributed among any number of candidates. The chief appraiser shall count the votes, declare the candidates who receive the largest cumulative vote total, and submit the results prior to December 31, 2015 to the governing body of each taxing unit who participated in the election and to each of the candidates. The City has 276 votes to cast. The Candidates are: • Mr. Darren Dunn • Mr.Edward L. Finley, Jr. • Dr. Greg Gilcrease • Mrs. Tavie Murphy • Mr. Louis R. Ramirez, Sr. FISCAL IMPACT None 1.7 5[KIl VI 10410101117,174 11[1761 Staff recommends Council review the candidates and cast their 276 votes toward one or split the votes among the above candidates. It is also suggested that in our continued partnership with the School District we would also support votes cast toward Mr. Edward Finley, Jr. ATTACHMENT Resolution No. 15 -R -101 City Council Memorandum Page 2 Appraisal District letter and ballot RESOLUTION NO. 15 -R -101 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS CASTING VOTES TO ELECT DIRECTORS FOR THE GUADALUPE COUNTY APPRAISAL DISTRICT FOR THE 2016- 2017 TERM. WHEREAS, section 6.03(k), of the Texas Property Tax Code, as amended by HB2043, requires that each taxing unit entitled to vote cast their votes by Resolution and submit results of that vote to the Chief Appraiser of the Guadalupe County Appraisal District on or before December 1.5, 2015. . THEREFORE, THE City of Schertz, Schertz Texas submits the attached Official Ballot, as issued by the Chief Appraiser, stating the votes for candidates for the election of the Board of Directors for the Guadalupe County Appraisal District for 2016 -2017. ACTION TAKEN this 1st day of December 2015, in Regular Session of the governing body of the above mentioned taxing unit; as authorized under Section 6.03(k) of the Texas Property Tax Code, and amended by HB2043, for the purpose of casting votes to elect the Board of Directors of the Bexar County Appraisal District. PASSED AND ADOPTED, this 1st day of December, 2015. . CITY OF SCHERTZ, TEXAS Michael R. Carpenter, Mayor Brenda Dennis, City Secretary CITY SEAL GUADALUPE APPRAISAL DISTRICT Main Office Schertz Substation Board of Directors Chief Appraiser 3000 N. Austin St, 1101 Elbel Rd. Dr. Greg Gilcrease- Chairman Jamie Osborne Seguin, Texas 78155 Schertz, Texas 78154 Mrs. Tavie Murpliy -Vice Chair > (830)303 -3313 (210)945 -9708 Ext. 202 Mr. Mark Wilson - Secretary Deputy Chief A�xaiser (830)372 -2874 (Fax) (210)566 -1334 (Fax) Mr. Darren Dunn- Member Erich Strey Mr. Louis Ramirez, Sr.- Member August 18, 2015 City of Schertz Attn: Mayor Carpenter, City Manager Kessel and City Secretary Dennis 1400 Schertz Pkwy. Schertz, Texas 78154 Dear Mayor Carpenter, City Manager Kessel and City Secretary Dennis, Per § 6.03 (b.) of the Texas Tax Code, the terms of all members of the Guadalupe Appraisal District Board of Directors will expire on December 31, 2015. In light of that, this letter is forwarded to the required representatives of the taxing units entitled to participate in the nomination and voting process for the directors to serve the next two year term. Following is a brief timeline of this process: • The chief appraiser delivers notice of election and voting entitlement to the taxing units. • Each taxing unit may nominate by resolution one candidate for each directorship to be filled (5 directorships are to be filled). Nominations by way of resolution must be submitted to the chief appraiser no later than October 15, 2015. • The chief appraiser will then prepare and deliver a ballot of all nominees to each taxing unit before October 30, 2015. • The governing body of each taxing unit must determine their vote by resolution and submit to the chief appraiser before December 15, 2015. • The chief appraiser will tabulate the votes, declare the winners and submit the results to the governing body of each taxing unit before December 31, 2015. Nominee Qualifications § 6.03 (a.) of the Texas Tax Code states that to be eligible to serve on the board of directors, an individual must be a resident of the district and must have resided in the district for at least two years immediately preceding the date the individual takes office. § 6.035 (a.) of the Texas Tax Code disqualifies an individual from serving as a director if that individual owns property on which delinquent property taxes have been owed for more than 60 days. This restriction is not applicable under installment agreements or deferrals. There are also additional restrictions outlined in §6.035 Texas Tax Code. Enclosed is a Statement of Qualifications to be completed by each nominee and turned in to the Guadalupe Appraisal District with formal nominations. Voting Allocation Enclosed, you will find a summary of the voting entitlement of the taxing units participating in the nomination and election for the Guadalupe Appraisal District Board of Directors for the 2016/2017 term. City of Schertz will have 276 votes to cast in this election process. Votes may be allocated to one nominee or votes may be distributed to more than one nominee. The nominees who receive the largest cumulative vote total are declared the directors for the next two years. Should you have any questions in regard to this process, do not hesitate to contact Rose Radtke in our office. Thank you for your time and effort in this regard. Sincerely, r" Jame Osborne, R.P.A., C.C.A. 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Five directors are appointed by the taxing units that participate in the district as provided by this section. If the county assessor - collector is not appointed to the board, the county assessor - collector serves as a nonvoting director. The county assessor - collector is ineligible to serve if the board enters into a contract under Section 6.05(b) or if the commissioners court of the county enters into a contract under Section 6.24(b). To be eligible to serve on the board of directors, an individual other than a county assessor - collector serving as a nonvoting director must be a resident of the district and must have resided in the district for at least two years immediately preceding the date the individual takes office. An individual who is otherwise eligible to serve on the board is not ineligible because of membership on the governing body of a taxing unit. An employee of a taxing unit that participates in the district is not eligible to serve on the board unless the individual is also a member of the governing body or an elected official of a taxing unit that participates in the district. (b) Members of the board of directors other than a county assessor - collector serving as a nonvoting director serve two -year terms beginning on January 1 of even - numbered years. (c) Members of the board of directors other than a county assessor - collector serving as a nonvoting director are appointed by vote of the governing bodies of the incorporated cities and towns, the school districts, the junior college districts, and, if entitled to vote, the conservation and reclamation districts that participate in the district and of the county. A governing body may cast all its votes for one candidate or distribute them among candidates for any number of directorships. Conservation and reclamation districts are not entitled to vote unless at least one conservation and reclamation district in the district delivers to the chief appraiser a written request to nominate and vote on the board of directors by June 1 of each odd - numbered year. On receipt of a request, the chief appraiser shall certify a list by June 15 of all eligible conservation and reclamation districts that are imposing taxes and that participate in the district. (d) The voting entitlement of a taxing unit that is entitled to vote for directors is determined by dividing the total dollar amount of property taxes imposed in the district by the taxing unit for the preceding tax year by the sum of the total dollar amount of property taxes imposed in the district for that year by each taxing unit that is entitled to vote, by multiplying the quotient by 1,000, and by rounding the product to the nearest whole number. That number is multiplied by the number of directorships to be filled. A taxing unit participating in two or more districts is entitled to vote in each district in which it participates, but only the taxes imposed in a district are used to calculate voting entitlement in that district. (e) The chief appraiser shall calculate the number of votes to which each taxing unit other than a conservation and reclamation district is entitled and shall deliver written notice to each of those units of its voting entitlement before October 1 of each odd - numbered year. The chief appraiser shall deliver the notice: (1) to the county judge and each commissioner of the county served by the appraisal district; (2) to the presiding officer of the governing body of each city or town participating in the appraisal district, to the city manager of each city or town having a city manager, and to the city secretary or clerk, if there is one, of each city or town that does not have a city manager; (3) to the presiding officer of the governing body of each school district participating in the district and to the superintendent of those school districts; and (4) to the presiding officer of the governing body of each junior college district participating in the district and to the president, chancellor, or other chief executive officer of those junior college districts. (f) The chief appraiser shall calculate the number of votes to which each conservation and reclamation district entitled to vote for district directors is entitled and shall deliver written notice to the presiding officer of each conservation and reclamation district of its voting entitlement and right to nominate a person to serve as a director of the district before July 1 of each odd - numbered year. (g) Each taxing unit other than a conservation and reclamation district that is entitled to vote may nominate by resolution adopted by its governing body one candidate for each position to be filled on the board of directors. The presiding officer of the governing body of the unit shall submit the names of the unit's nominees to the chief appraiser before October 15. (h) Each conservation and reclamation district entitled to vote may nominate by resolution adopted by its governing body one candidate for the district's board of directors. The presiding officer of the conservation and reclamation district's governing body shall submit the name of the district's nominee to the chief appraiser before July 15 of each odd - numbered year. Before August 1, the chief appraiser shall prepare a nominating ballot, listing. all the nominees of conservation and reclamation districts alphabetically by surname, and shall deliver a copy of the nominating ballot to the presiding officer of the board of directors of each district. The board of directors of each district shall determine its vote by resolution and submit it to the chief appraiser before August 15. The nominee on the ballot with the most votes is the nominee of the conservation and reclamation districts in the appraisal district if the nominee received more than 10 percent of the votes entitled to be cast by all of the conservation and reclamation districts in the appraisal district, and shall be named on the ballot with the candidates nominated by the other taxing units. The chief appraiser shall resolve a tie vote by any method of chance. (i) If no nominee of the conservation and reclamation districts receives more than 10 percent of the votes entitled to be cast under Subsection (h), the chief appraiser, before September 1, shall notify the presiding officer of the board of directors of each conservation and reclamation district of the failure to select a nominee. Each conservation and reclamation district may submit a nominee by September 15 to the chief appraiser as provided by Subsection (h). The chief appraiser shall submit a second nominating ballot by October 1 to the conservation and reclamation districts as provided by Subsection (h). The conservation and reclamation districts shall submit their votes for nomination before October 15 as provided by Subsection (h). The nominee on the second nominating ballot with the most votes is the nominee of the conservation and reclamation districts in the appraisal district and shall be named on the ballot with the candidates nominated by the other taxing units. The chief appraiser shall resolve a tie vote by any method of chance. 0) Before October 30, the chief appraiser shall prepare a ballot, listing the candidates whose names were timely submitted under Subsections (g) and, if applicable, (h) or (i) alphabetically according to the first letter in each candidate's surname, and shall deliver a copy of the ballot to the presiding officer of the governing body of each taxing unit that is entitled to vote. (k) The governing body of each taxing unit entitled to vote shall determine its vote by resolution and submit it to the chief appraiser before December 15. The chief appraiser shall count the votes, declare the five candidates who receive the largest cumulative vote totals elected, and submit the results before December 31 to the governing body of each taxing unit in the district and to the candidates. For purposes of determining the number of votes received by the candidates, the candidate receiving the most votes of the conservation and reclamation districts is considered to have received all of the votes cast by conservation and reclamation districts and the other candidates are considered not to have received any votes of the conservation and reclamation districts. The chief appraiser shall resolve a tie vote by any method of chance. (0 If a vacancy occurs on the board of directors other than a vacancy in the position held by a county assessor - collector serving as a nonvoting director, each taxing unit that is entitled to vote by this section may nominate by resolution adopted by its governing body a candidate to fill the vacancy. The unit shall submit the name of its nominee to the chief appraiser within 45 days after notification from the board of directors of the existence of the vacancy, and the chief appraiser shall prepare and deliver to the board of directors within the next five days a list of the nominees. The board of directors shall elect by majority vote of its members one of the nominees to fill the vacancy. (m) [Repealed by Acts 2007, 80th Leg., ch. 648 (H.B. 1010), § 5(4), effective January 1, 2008.] (Enacted by Acts 1979, 66th Leg., ch. 841 (S.B. 621), § l; am. Acts 1981, 67th Leg., 1st C.S., ch. 13 (H.B. 30), §§ 15, 167(a), effective January 1, 1982; am. Acts 1987, 70th Leg., ch. 59 (S.B. 469), § 1, effective September 1, 1987; am. Acts 1987, 70th Leg., ch. 270 (H.B. 268), § 1, effective August 31, 1987; am. Acts 1989, 71st Leg., ch. 1123 (H.B. 2301), § 2, effective' January 1, 1990; am. Acts 1991, 72nd Leg., ch. 20 (S.B. 351), § 15, effective August 26, 1991; am. Acts 1991, 72nd Leg., ch. 371 (H.B. 864), § 1, effective September 1, 1991; am. Acts 1993, 73rd Leg., ch. 347 (S.B. 7), § 4.06, effective May 31, 1993; am. Acts 1997, 75th Leg., ch. 165 (S.B. 898), § 6.73, effective September 1, 1997; am. Acts 1997, 75th Leg., ch. 1039, § 2, effective January 1, 1998; am. Acts 1999, 76th Leg., ch. 705 (H.B. 834), § 1, effective January 1, 2000; am. Acts 2003, 78th Leg., ch. 629 (H.B. 2043), effective June 20, 2003; am. Acts 2007, 80th Leg., ch. 648 (H.B. 1010), § 5(4), effective January 1, 2008; am. Acts 2013, 83rd Leg., ch. 1161 (S.B. 359), § 1, effective June 14, 2013.) e Sec. 6.035. Restrictions on Eligibility and Conduct of Board Members and Chief Appraisers and Their Relatives. (a) An individual is ineligible to serve on an appraisal district board of directors and is disqualified from employment as chief appraiser if the individual: (1) is related within the second degree by consanguinity or affinity, as determined under Chapter 573, Government Code, to an individual who is engaged in the business of appraising property for compensation for use in proceedings under this title or of representing property owners for compensation in proceedings under this title in the appraisal district; or (2) owns property on which delinquent taxes have been owed to a taxing unit for more than 60 days after the date the individual knew or should have known of the delinquency unless: (A) the delinquent taxes and any penalties and interest are being paid under an installment payment agreement under Section 33.02; or (B) a suit to collect the delinquent taxes is deferred or abated under Section 33.06 or 33.065. (a -1) An individual is ineligible to serve on an appraisal district board of directors if the individual has engaged in the business of appraising property for compensation for use in proceedings under this title or of representing property owners for compensation in proceedings under this title in the appraisal district at any time during the preceding five years. (b) A member of an appraisal district board of directors or a chief appraiser commits an offense if the board member continues to hold office or the chief appraiser remains employed knowing that an individual related within the second degree by consanguinity or affinity, as determined under Chapter 573, Government Code, to the board member or chief appraiser is engaged in the business of appraising property for compensation for use in proceedings under this title or of representing property owners for compensation in proceedings under this title in the appraisal district in which the member serves or the chief appraiser is employed. An offense under this subsection is a Class B misdemeanor. (c) A chief appraiser commits an offense if the chief appraiser refers a person, whether gratuitously or for compensation, to another person for the purpose of obtaining an appraisal of property, whether or not the appraisal is for ad valorem tax purposes. An offense under this subsection is a Class B misdemeanor. (d) An appraisal performed by a chief appraiser in a private capacity or by an individual related within the second degree by consanguinity or affinity, as determined under Chapter 573, Government Code, to the chief appraiser may not be used as evidence in a protest or challenge under Chapter 41 or an appeal under Chapter 42 concerning property that is taxable in the appraisal district in which the chief appraiser is employed. (Enacted by Acts 1989, 71st Leg., ch. 796 (H.B. 432), § 4, effective September 1, 1989; am. Acts 1991, 72nd Leg., ch. 561 (H.B. 1345), § 43, effective August 26, 1991; am. Acts 1995, 74th Leg., ch. 76 (S.B. 959), § 5.95(27), effective September 1, 1995; am. Acts 2001, 77th Leg., ch. 1430 (H.B. 490), § 1, effective September 1, 2001; am. Acts 2013, 83rd Leg., ch. 1259 (H.B. 585), § 4, effective June 14, 2013.) T ® Section 6.036 Interest in Certain Contracts Prohibited (a) An individual is not eligible to be appointed to or to serve on the board of directors of an appraisal district if the individual or a business entity in which the individual has a substantial interest is a parry to a contract with: (1) the appraisal district; or (2) a taxing unit that participates in the appraisal district, if the contract relates to the performance of an activity governed by this title. (b) An appraisal district may not enter into a contract with a member of the board of directors of the appraisal district or with a business entity in which a member of the board has a substantial interest. (c) A taxing unit may not enter into a contract relating to the performance of an activity governed by this title with a member of the board of directors of an appraisal district in which the taxing unit participates or with a business entity in which a member of the board has a substantial interest. (d) For purposes of this section, an individual has a substantial interest in a business entity if: (1) the combined ownership of the individual and the individual's spouse is at least 10 percent of the voting stock or shares of the business entity; or (2) the individual or the individual's spouse is a partner, limited partner, or officer of the business entity. (e) In this section, "business entity" means a sole proprietorship, partnership, firm, corporation, holding company, joint -stock company, receivership, trust, or other entity recognized by law. (f) This section does not limit the application of any other law, including the common law relating to conflicts of interest, to an appraisal district director. (Enacted by Acts 1989, 71st Leg., ch. 796 (H.B. 432), § 5, effective September 1, 1989.) Statement I have reviewed the requirements and restrictions, and hereby swear and affirm that I conform to the qualifications to be nominated and serve as a member of Board of Directors for the Guadalupe Appraisal District. Signature of Nominee Printed name of Nominee Contact Phone Number Date Street Address of Nominee's Residency City State Zip Number of years at this residence? Edward Finley Board President 3916 Habersharn Schertz, TX 78154 Email: efinley@scuc.txed.net Term Ends: November 2015 (Place 3) 33= Edward Finley, a 22-year resident of SCUCISD, was elected to the Board of Trustees in 2005. He was re-elected in May 2008 and May 2011, and is currently serving as Board President, During his tenure, he has also held the positions of Board Vice President, Board Secretary, and Board Assistant Secretary, and has been an active member of the Board's committee for Technology, Finance, and Policy. He has always had an interest in serving on the Board and felt that his 30 years of experience in Information Technology could be an asset to the group. He and his wife Patricia have a daughter who is a graduate of SCUCISD. GUADALUPE APPRAISAL DISTINCT p A Main Office 3000 N. Austin St. Seguin, Texas 78155 �, (830)303 -3313 (830)372 -2874 (Fax) �`£1L 4� October 23, 2015 City of Schertz Michael Carpenter, Mayor Attn: John Kessel, City Manager 1400 Schertz Pkwy, Schertz, Texas 78154 To Whom It May Concern: Schertz Substation 1101 Elbel Rd. Schertz, Texas 78154 (210)945 -9708 Ext. 202 (210)566-1334 (Fax) Board of Directors Dr, Greg Gilcrease -Chair Mrs. Tavie Murphy -Vice Chair Mr. Mark Wilson - Secretary Mr, Darren Dunn- Member Mr. Louis Ramirez, Sr.- Member 9171 9690 0935 0113 4372 33 Chief Appraiser Jamie Osborne Deputy Chief Appraise Erich Strey Enclosed is an Official Ballot to cast votes for the Guadalupe Appraisal District's Board of Directors election. Directions and a resolution format for submission are enclosed. Per Section 6.03(k) of the Texas Tax Code, the governing body of each taxing unit entitled to vote, shall determine by resolution and submit its vote by way of returning the ballot to the chief appraiser before December 15, 2015. Taxing units allotted votes may be cast for one candidate or may distributed among any number of candidates. The chief appraiser shall count the votes, and declare the five candidates who receive the largest cumulative vote totals. The results shall be submitted before December 31, 2015 to the governing body of each taxing unit in the District and to the candidates. Please call if you should have any questions in this regard. Sincerely,; - f " Amie°'Osborne;- R,.P,A_, C.C.A. Chief Appraiser OFFICIAL BALLOT TO ELECT BOARD OF DIRECTORS FOR THE GUADALUPE APPRAISAL DISTRICT FOR 2016 -2017 Issued to: CITY OF SCHERTZ Directions: Please enter the number of votes cast on the blank space opposite the name of the candidate. You may cast all of your votes for one candidate, or divide those votes among any ,number of the candidates. You have 276 total available votes. CANDIDATES M ------------------------------------- - - - - -- - - - - -- - -- - ------------------------------------------------------------------- RESOLUTION OF VOTES C TO E CT IRECTORS FOR THE GUADALUPE APPRAISAL DISTRICT FOR THE 2016 M WHEREAS, Section 3 , of the T xas Tax Code, as amended by HB2043, requires that each taxing unit entitled a th ' vote by Resolution and submit results of that vote to the Chief Appraiser of the a al Ap aisal District before December 15, 2015. THE REFO T submits the above Official t, iss by the Chief Appraiser, stating the vote for candidates for the election of the Bo o ectors or the Guadalupe Appraisal District for 2016 -2017. AC- ON TA his day of , 2015, in Session of th over ng body of the above mentioned taxing unit; as authorized under Section 6.03(k) of the Te x Code, and amended by HB2043, for the purpose of casting votes to elect the Board of Directors of the Guadalupe Appraisal District. ATTEST: Signature of Presiding Officer Title Agenda No. 6 CITY COUNCIL MEMORANDUM City Council Meeting: December 1, 2015 Department: Council Subject: Resolution No. 15 -R -102- Bexar County Appraisal District Board of Directors for FY2016/17 BACKGROUND The City has received a letter regarding the Official Ballot to cast votes for the Board of Directors election for the Bexar Appraisal District. Direction and a resolution format for submission are included. Per Section 6.03(k) of the Texas Property Tax Code, the governing body of each taxing unit entitled to vote shall determine by resolution and submit its vote by way of returning the ballot to the chief appraiser prior to December 15, 2015. Taxing units allotted votes may be cast for one candidate or may distributed among any number of candidates. The chief appraiser shall count the votes, declare the candidates who receive the largest cumulative vote total, and submit the results prior to December 31, 2015 . to the governing body of each taxing unit who participated in the election and to each of the candidates. The City has 2 votes to cast. The Candidates are: • Kenneth Bouldin • Jack E. Burton Jr. • Cheri Byrom • Keith Hughey • Yvonne Katz • Carlos Quezada • Sergio "Chico' Rodriguez • Michele Bunting Ross • Rick A. Schroder • Chris Sweeny • George Torres • Robert C. Trevino There are 5,000 votes amongst the 45 client agencies which use the Bexar Appraisal District. Staff reached out to Bexar County Commissioners Court and as they on Tuesday, November 10, 2015 passed a resolution supporting Sergio "Chico' Rodriguez we find that in our continued partnership with Bexar County we would also support Sergio "Chico' Rodriquez by casting our 2 votes. FISCAL IMPACT City Council Memorandum Page 2 None Staff recommends Council cast their two (2) votes in support of Sergio "Chico" Rodriguez ATTACHMENT Resolution No. 15-R-102 Appraisal District letter and ballot RESOLUTION NO. 15 -R -102 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS CASTING VOTES TO ELECT DIRECTORS FOR THE BEXAR COUNTY APPRAISAL DISTRICT FOR THE 2016 -2017 TERM. WHEREAS, section 6.03(k), of the Texas Property Tax Code, as amended by HB2043, requires that each taxing unit entitled to vote cast their votes by Resolution and submit results of that vote to the Chief Appraiser of the Bexar County Appraisal District on or before December 15, 201.5. THEREFORE, THE City of Schertz, Schertz Texas submits the attached Official Ballot, as issued by the Chief Appraiser, stating the votes for candidates for the election of the Board of Directors for the Bexar County Appraisal District for 2016 -2017. ACTION TAKEN this 1st day of December 2015, . in Regular Session of the governing body of the above mentioned taxing unit; as authorized under Section 6.03(k) of the Texas Property Tax Code, and amended by HB2043, for the purpose of casting votes to elect the Board of Directors of the Bexar County Appraisal District. PASSED AND ADOPTED, this 1st day of December, 2015. CITY OF SCHERTZ, TEXAS Michael R. Carpenter, Mayor Brenda Dennis, City Secretary CITY SEAL Michael A. Amezquita 411 N. Frio, P.O. Box 830248 Chief Appraiser San Antonio, TX 78283-0248 Phone (210) 224-8511 Fax (210) 242-2451 October 26, 2015 BOARD OF DIRECTORS JIM G. MARTIN Chairman J. KEITH HUGHEY Vice-Chairman CHERI BYROM Secretary SERGIO RODRIGUEZ- COMMISSIONER, PCT 1 ROBERTO TREVIF40 — CITY COUNCIL, DISTRICT 1 ALBERT URESTI, MPA RE: Voting Phase of Selection Process for Election of Bexar Appraisal District Board of Directors for 2016-2017 ff*M"§- Nominations for the Bexar Appraisal District Board of Directors 2016-2017 terms have been submitted; thank you to those who participated in this process. As required by Section 6.03(k), Texas Tax Code, eligible taxing units may now cast votes for the nominees. it to the Chief Appraiser before December 15. " The results of this election will be delivered t# --ach taxing unit by December 31, If you have any questions regarding this process, please contact me or my Executive Assistant, Jennifer Rodriguez, at (210) 242-2406. OFFICIAL ELECTION BALLOT e SERVE Two-YEAR FROM JANUARY 1, 2016 THROUGH DECEMBER 31, 2017 CANDIDATE NUMBER OF VOTES KENNETH BOULDIN (NOMINATED BY SOLITHSIDE ISD) JACK E. BURTON JR KEITH HUGHEY (NOMINATED BY NORTH EAST ISD) CHRIS SWEENY (NOMINATED BY TOWN OF HOLLYWOOD PARK) THANK YOU. Taxing Unit Alamo Community College City of Alamo Heights Alamo Heights I.S.D. City of Balcones Heights Bexar County Boerne I.S.D. City of Castle Hills Town of China Grove Comal I.S.D. City of Converse East Central I.S.D. Edgewood I.S.D. City of Elmendorf Fair Oaks Ranch Floresville I.S.D. City of Grey Forest Harlandale I.S.D. City of Helotes City of Hill County Village Town of Hollywood Park Judson I.S.D. City of Kirby City of Leon Valley City of Live Oak City of Lytle Medina Valley I.S.D. North East I.S.D. Northside I.S.D. City of Olmos Park City of San Antonio San Antonio I.S.D. City of Schertz Schertz - Cibolo I.S.D. City of Selma Citv of Shavano Park Somerset I.S.D. South San Antonio I.S.D. Southside I.S.D. Southwest I.S.D. City of St. Hedwig City of Terrell Hills City of Universal City City of Von Ormy Citv of Windcrest 2014 Tax Levy $167,326,653.00 $5,441,957.00 $66,005,498.00 $1,236,711.00 $313,093,125.00 $18,583,384.00 $2,658,815.00 $104,721.00 $27,080,158.00 $5,266,806.00 $32,971,454.00 $13,516,973.00 $198,569.00 $1,786,283.00 $14,823.00 $34,002.00 $18,653,090.00 $2,868,374.00 $288,057.00 $2,212,847.00 $97,009,433.00 $1,426,794.00 $4,117,541.00 $4,849,463.00 $3,238.00 $4,662,080.00 $440,568,480.00 $521,506,599.00 $2,508,949.00 $443,785,429.00 $177,525,799.00 $906,040.00 $6,087,050.00 $1,162,538.00 $2,701,195.00 $493,384.00 $3,665,624.00 $20,006,668.00 $16,814,478,00 $29,853,922.00 $528,736.00 $4,493,710.00 $5,558,053.00 $74,140.00 $1.639.924.00 Sum of Levies $2,471,291,567.00 $2,471,291,567.00 $2,471,291,567.00 $2,471,291,567.00 $2,471,291,567.00 $2,471,291,567.00 $2,471,291,567.00 $2,471,291,567.00 $2,471,291,567.00 $2,471,291,567.00 $2,471,291,567.00 $2,471,291,567.00 $2,471,291,567.00 $2,471,291,567.00 $2,471,291,567.00 $2,471,291,567.00 $2,471,291,567.00 $2,471,291,567.00 $2,471,291,567.00 $2,471,291,567.00 $2,471,291,567.00 $2,471,291,567.00 $2,471,291,567.00 $2,471,291,567.00 $2,471,291,567.00 $2,471,291,567.00 $2,471,291,567.00 $2,471,291,567.00 $2,471,291,567.00 $2,471,291,567.00 $2,471,291,567.00 $2,471,291,567.00 $2,471,291,567.00 $2,471,291,567.00 $2,471,291,567.00 $2,471,291,567.00 $2,471,291,567.00 $2,471,291,567.00 $2,471,291,567.00 $2,471,291,567.00 $2,471,291,567.00 $2,471,291,567.00 $2,471,291,567.00 $2,471,291,567.00 $2,471,291,567.00 Votes 339 11 134 3 633 38 5 0 55 11 67 27 0 4 0 0 38 6 1 4 196 3 8 10 0 9 891 1055 5 898 359 2 12 2 5 1 7 40 34 60 1 9 11 0 3 I TOTAL 1 $2,471,291,567.001 1 5000 exas Property Tax Code Sec. 6.03 "The voting entitlement of a taxing unit that is entitled to vote for directors is determined by dividing the total dollar amount of property taxes imposed in the district by the taxing unit for the preceding tax year by the sum of the total dollar amount of property taxes imposed in the district for that year by each taxing unit that is entitled to vote, by multiplying the quotient by 1,000, and rounding the product to the nearest whole number. That number is multiplied by the number of directorships to be filled. A taxing unit participating in two or more districts is entitled to vote in each district in which it participates, but only the taxes imposed in a district are used to calculate voting entitlement in that district." VIA CERTIFIED MAILER 7013 2630 0001 2355 8855 The Honorable Michael Carpenter, Mayor City of Schertz 1400 Schertz Parkway Schertz, TX 78154 CHERI BYROM Secretary SERGIO RODRIGUEZ - COMMISSIONER, PCT 1 ROBERTO TREVINO — CITY COUNCIL, DISTRICT 1 ALBERT URESTI, MPA RE: Nomination Phase of Selection Process for Election of Bexar Appraisal District Board of Directors for 2016 -2017 The Honorable Mayor Carpenter: As required by Section 6.03(e), Texas Tax Code, the number of votes to which each taxing unit is entitled in this year's selection process has been calculated (see enclosed sheet). Each taxing unit authorized to vote may nominate by resolution of its governing body one candidate for each position on the Bexar Appraisal District Board of Directors. This means that your governing body may nominate one to five candidates. Per Section 6.03(g), Texas Tax Code, "Th_e_presiding_ officer of the governing _body of the unit shall submit the names of the unit's nominees to the Chief Appraiser before October 15." Before October 30, 1 will prepare a ballot and mail it to the presiding officer of each taxing unit. After receiving the ballot, each taxing unit will cast its allotted votes by resolution of its governing body and submit the votes to me before December 15. The votes will be counted and the five candidates with the greatest number of votes will be declared elected. The results will be submitted to the taxing units before December 31. If you have any questions about the process, please contact me or my Executive Assistant, Jennifer Rodriguez, at (210)242 -2406. Sincerely, 1 r ichael A. Amezquita Chief Appraiser Enclosures CC Via Regular Mail: Mr. John Kessel, City Manager City Council Meeting: December 1, 2015 Department: Engineering Agenda No. 7 Subject: Resolution No. 15 -R -107 — Resolution Authorizing an Agreement with Developer for Construction of Public Improvement associated with the Wynter Hill Subdivision Project BACKGROUND When the residential subdivisions Mesa Oaks and The Reserve at Mesa Oaks were constructed in 2005 and 2012, respectively, portions of public infrastructure were not included in the construction. In Mesa Oaks, the plat area included only half of the right of way of the intersection of Water Oak and Cotton King. Construction of the roadway was not completed at that time because it would not have been used and would possibly even deteriorate before the other half would be constructed. In The Reserve at Mesa Oaks, sidewalks were stopped short of the dead end of Oak Run. Harkleroad Gray Development Services, LLC, is proposing to develop the Wynter Hill Subdivision. Roads and sidewalks within that subdivision are proposed to connect to the intersection of Water Oak and Cotton King and to the end of Oak Run. During the planning stage for the subdivision, the developer requested that the City participate in the completion of the improvements which will benefit portions of the City outside the Wynter Hill Subdivision boundary. It is appropriate for the City to provide the street and sidewalk infrastructure within existing right of way, but outside the boundary of the Wynter Hill Subdivision plat, that will provide the connection to existing public infrastructure. In order to have the construction done in the most efficient and cost effective manner, Harkleroad Gray has agreed to include construction of the City's portion of the infrastructure along with the rest of the Wynter Hill improvements and have the City provide reimbursement of the costs. Goal Approval of Resolution 15 -R -107 authorizing the Agreement with Developer for Construction of Public Improvement. Community Benefit Participating with the Developer of the Wynter Hill Subdivision will act to prevent a gap in streets and sidewalks between subdivisions and promote the orderly growth of residential development in central Schertz. City Council Memorandum Page 2 Summary of Recommended Action Staff recommends Council approve the resolution authorizing the City to enter into the Agreement with :Developer for Construction of Public Improvement with Harkleroad Gray Development Services, LLC. FISCAL IMPACT The cost for construction of the street and sidewalk improvements to be reimbursed to the Developer is $23,724.50 and will be paid for with a portion of the remaining 2006 Street Bond funds. (The overall subdivision improvement cost to the developer is $1,388,345.) Staff recommends approval of Resolution 1 5-R- 107. Resolution 15 -R -107 Subdivision Exhibit Improvement Location Exhibit Agreement with Developer for Construction of Public Improvement RESOLUTION NO. 15 -R -107 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING AN AGREEMENT WITH DEVELOPER FOR CONSTRUCTION OF PUBLIC IMPROVEMENT ASSOCIATED WITH THE WYNTER HILL SUBDIVISION PROJECT WHEREAS, when The Reserve at Mesa Oaks and the Mesa Oaks Subdivisions were constructed, portions of the public infrastructure that were within the boundaries of those plats were left uncompleted. WHEREAS, the public infrastructure (streets and sidewalks) of the proposed Wynter Hill Subdivision needs to tie in to those missing improvements. WHEREAS, the Developer of the Wynter Hill Subdivision agrees to construct those portions of infrastructure outside the Wynter Hill Subdivision and be reimbursed by the City for the cost of such improvements. WHEREAS, the City Council finds that it is in the best interest of the City to enter into the Agreement with Developer for Construction of Public Improvement in order to provide the infrastructure outside the boundary of the proposed Wynter Hill Subdivision plat. 1.3.■il1■ ll1F.Y�]IITIa07 *WMInoIMEN flMOCOIiIM4i we] 011:1MEN I WK91 =4 no IaaM11�:I_�.� THAT: Section 1. The City Council hereby authorizes the City Manager to execute the Agreement with Developer for Construction of Public Improvement with Harkleroad Gray Development Services, LLC, for infrastructure connecting the Wynter Hill Subdivision to The Reserve at Mesa Oaks and with Mesa Oaks Subdivisions. 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 Ist day of December 2015. ATTEST: City Secretary, Brenda Dennis (CITY SEAL) CITY OF SCHERTZ, TEXAS Mayor, Michael R. Carpenter W and OAK RUN SIDEWALKS COMMUNITY Feet SCHHERTZ I OPPORTUNITY SERVICE 75 150 300 450 600 WYNTER HILL - MESA OAKS - THE RESERVE AT MESA OAKS 0 150 300 600 900 1,200 S(C]HIERTZ-, Feet A AGREEMENT WITH DEVELOPER FOR CONSTRUCTION OF PUBLIC IMPROVEMENT THE STATE OF TEXAS § § KNOW ALL PERSONS BY THESE PRESENTS: COUNTY OF GUADALUPE § This Development Agreement (the "Agreement ") is by and between the City of Schertz, a Texas municipal corporation (the "City"), and Harkleroad Gray Development Services. LLC, owner and developer of certain hereinafter described property located within the City (the "Developer "), all collectively referred to as "Parties ", and is effective upon the execution of this Agreement by the Developer and the City (the "Effective Date "). WHEREAS, Developer wishes to develop certain property (the "Property") located within the City limits, which is approximately 22.148 acres of land situated in the T. Herrera Survey No. 68, Abstract No. 153, in the City of Schertz, Guadalupe County, Texas; containing all of that certain 5.651 acre tract described instrument to Winter Hill, LLC, recorded in Volume 4143, Page 80 of the Guadalupe County official public records and containing a portion of that certain 17.133 acre tract described in instrument to Winter Hill, LLC recorded in volume 41.45, page 71 of the Guadalupe County official public records; and WHEREAS, the Property is the subject of the application for Subdivision Plat establishing Wynter Hill; and WHEREAS, the Property abuts an existing subdivision wherein all street and sidewalk improvements (collectively the "Improvements ") at the intersection of "OAK RUN" and "WATER OAK" have not been completed; and WHEREAS, during the development planning stage for the Property, the Developer submitted to the City a request that the City participate in the completion of the Improvements, which will benefit portions of the City beyond the Wynter Hill Subdivision; and WHEREAS, the City has no immediate plans to construct the required Improvements, but is willing to share in the cost of the construction of such facilities, and has funds appropriated and available to do so; and WHEREAS, Developer has requested that it be allowed to construct the required Improvements to serve the Property, and share the costs with the City; and WHEREAS, Section 212.071, et. seq. of the Texas Local Government Code authorizes municipalities to enter into a contract with a developer of a subdivision or land in the municipality to construct public improvements related to the development without complying with the competitive sealed bidding procedures of Chapter 252 of the Texas Local Government Code; NOW THEREFORE, for and in consideration of the premises and mutual obligations, covenants, and benefits hereinafter set forth, the Parties agree as follows: ARTICLE I — Definitions. The following terms and phrases used in this Agreement shall have the meanings ascribed hereto: 1.1. "Agreement" means this agreement, including any amendments hereto, between the City and Developer. 1.2. "Contractor" shall mean the person, firm, corporation, partnership, association, or other entity awarded the contact by Developer for the construction and installation of the Improvements. 1.3. "Improvements" shall mean the improvements described on Exhibit "A" 1.4. "City's Participation Costs" shall mean costs associated with the construction of the Improvements, as designated on Exhibit `B" as City of Schertz responsibility at Water Oak and Oak Run. ARTICLE H — Construction of Improvements. 2.1. Construction of Improvements. Developer agrees to construct the Improvements in accordance with the plans and specifications approved by the City Engineer as illustrated in Exhibit "A" attached hereto. No change in the construction plans shall be made by Developer without the prior written consent of the City Engineer. The entire cost of the construction of the Improvements shall be the responsibility and obligation of Developer, except as herein provided. 2.2. Contracts for Construction. Developer shall contract with a qualified Contractor to construct the Improvements in accordance with the approved plans and specifications. The City Engineer shall review all contract documents and costs estimates, and shall approve the Contractor prior to the award of the contract for the Improvements. Developer shall be solely responsible for payment of the work as it is completed, and shall make all payments in a timely manner to the Contractor, sub - contractors, and other parties involved in the construction of the Improvements. 2.3. Performance, Payment and Maintenance Bonds. Developer shall post within the City faithful performance, payment, and maintenance bonds for construction of the Improvements to ensure completion of the project. The bond must be executed by a corporate surety in accordance with Chapter 2253, Texas Government Code. 2.4. Inspection. The City Engineer or designee shall periodically inspect the construction of the Improvements in the same manner, and shall possess the same authority, as is provided during the construction of subdivision improvements pursuant to the City of Schertz Subdivision Ordinance, as amended. 2.5. Insurance. The Contractor awarded the contract to construct the Improvements shall be required to carry Worker's Compensation Insurance on his employees and public liability and property damage insurance on his equipment and employees. The public liability insurance shall be not less than five hundred thousand dollars ($500,000.00) per person and one million dollars ($1,000,000.00) per occurrence, with property damage insurance of not less than five hundred thousand dollars ($500,000.00). In addition, City shall be furnished with Certificates of Insurance and shall be named an additional named insured on such Certificates, and City shall be notified within thirty calendar days of any cancellation of such insurance. 2.6. Accounting. Developer shall submit to City a complete accounting of all costs incurred by Developer in the construction of the Improvements. City will not contribute or pay for any costs incurred by Developer which were not approved by City prior to it being incurred. Developer shall maintain the accounting of the Improvements for a period of two years from the date of acceptance by the City, and the City may inspect the Developer's books and records related to the Improvements at any time with reasonable notice. 2.7. Indemnity. Developer agrees to protect, indemnify and save City harmless from and against all claims, demands and causes of action of every kind and character arising in favor of any third party on account of, or resulting from, the performance of this Agreement by Developer or Developer's agents, representatives, employees, contractors, or subcontractors. ARTICLE III — Obligations and Payments. 3.1. City Obligations. The City agrees to pay to Developer City's Participation Costs which shall equate to the actual costs for the City's responsibility at Water Oak and Oak Run. Notwithstanding any provision of this Agreement to contrary, City's Obligation shall only be for the reimbursement of costs incurred by Developer and shall not in any event exceed Twenty- Three - Thousand - Seven - Hundred - Twenty -One Dollars and Fifty Cents ($23,721.50) (hereinafter the "City's Share "). 3.2. Payment Procedures. City shall deliver to Developer full payment of the City's Share as provided in this this section. 3.2.1 Submittal and review. Developer shall submit and the City Engineer shall review documentation, as may be reasonably required by City Engineer, showing final, actual construction costs paid by the Developer. 3.2.2 Upon the City Engineer's review and approval of the documents, a final inspection on the Improvements shall be conducted, noting any required corrections or repairs. Once corrections or repairs are made and deemed acceptable, the City will accept the Improvements. 3.2.3 Within 30 days of acceptance of the Improvements, the City will pay to Developer the City's Share. Any additional costs above Twenty- Three- Thousand- Seven- Hundred - Twenty -One Dollars and Fifty Cents ($23,721.50) must be approved by the City prior to being incurred. Article IV — Assignment, Modification and Waiver. 4.1. Assignment. This Agreement shall bind and benefit the respective Parties and their legal successors and shall not be assignable, in whole or in party, by any party without first obtaining written consent of the other party. 4.2. Amendment or Modification. Except as otherwise provided in this Agreement, this Agreement shall be subject to change, amendment or modification only in writing, and by the signatures and mutual consent of the Parties. 4.3. Parties in Interest. This Agreement shall be for the sole and exclusive benefit of the Parties hereto and shall not be construed to confer any rights upon any third party. 4.4. Remedies Not Exclusive. The rights and remedies contained in this Agreement shall not be exclusive, but shall be cumulative of all rights and remedies now or hereinafter existing, by law or in equity. 4.5. Waiver. The failure of any party to insist in any one or more instances on the performance of any of the terms, covenants or conditions of this Agreement, or to exercise any of its rights, shall not be construed as a waiver or relinquishment of such term, covenant, or condition, or right with respect to further performance. 4.6. Entire Agreement. This Agreement constitutes the entire agreement between the Parties related to the subject matter of this Agreement and supersedes any and all prior agreements, whether oral or written, dealing with the subject matter of this Agreement. 4.7. Venue. This Agreement shall be performable and enforceable in Guadalupe County, Texas, and shall be construed in accordance with the laws of the State of Texas. 4.8. Severability. If any term or provision of this Agreement is held to be invalid, void or unenforceable by a court of competent jurisdiction, the remainder of the terms and provisions of this Agreement shall remain in full force and effect and shall not in anyway be invalidated, impaired or affected. 4.9. Notices. Any notice provided or permitted to be given under this Agreement must be in writing and may be served by (i) depositing the same in the United States mail, addressed to the party to be notified, postage prepaid, registered or certified mail, return receipt requested; or (ii) by delivering the same in person to such party; or (iii) by overnight or messenger delivery service that retains regular records of delivery and receipt; or (iv) by facsimile; provided a copy of such notice is sent within one (1) day thereafter by another method provided above. The initial addresses of the parties for the purpose of notice under this Agreement shall be as follows: If to City: CITY OF SCHERTZ 1400 Schertz Parkway Schertz, TX 78154 Attention: City Manager With copy to: Denton Navarro Rocha Bernal Hyde & Zech, P.C. 2417 N. Main Avenue San Antonio, TX 7821.2 Attention: Charles Zech If to Developer: Harkleroad Gray Development Services, LLC Bryan D. Gray, Managing Partner 5150 Broadway, No. 305 San Antonio, TX 78209 4.10. No Joint Venture. Nothing contained in this Agreement is intended by the Parties to create a partnership or joint venture between the Parties and any implication to the contrary is hereby expressly disavowed. It is understood and agreed that this Agreement does not create a joint enterprise, nor does it appoint either Party as an agent of the other for any purpose whatsoever. Except, as otherwise specifically provided herein, neither Party shall in any way assume any of the liability of the other for acts of the other or obligations of the other. 4.11. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be considered an original, but all of which constitute one instrument. j Signatures and acknowledgments on the following pages] Signature Page to Agreement with Developer for Construction of Public Improvement This Agreement has been executed by the parties as of the dates of the Acknowledgments to be effective as of the Effective Date. Developer: HARKLEROAD GRAY DEVELOPMENT SERVICES, LLC by: Name: Bryan D. Gray Title: Managing Partner THE STATE OF TEXAS § COUNTY OF § This instrument was acknowledged before me on the day of , 2015 by Bryan D. Gray, Managing Partner for Harkleroad Gray Development Services, LLC, for the purposes herein expressed. (SEAL) Notary Public in and for The State of Texas My Commission Expires: Signature Page to Agreement with Developer for Construction of Public Improvement This Community Facilities Agreement has been executed by the parties as of the dates of the Acknowledgments to be effective as of the Effective Date. City: CITY OF SCHERTZ, a Texas municipal corporation. THE STATE OF TEXAS John C. Kessel, its City Manager This instrument was acknowledged before me on the day of , 2015 . by John. C. Kessel, City Manager of the City of Schertz, Texas, a Texas municipal corporation, on behalf of said City. (SEAL) Notary Public in and for The State of Texas My Commission. Expires: EXHIBIT A IMPROVEMENTS L- — - — - — - — - — - — - — - — - — - — - — - — - — - — - — -- W ODLAND OAKS SUBDIVISION UNIT 4 HORSESHOE VOL.5, PG.55A GCPR 29 OAKS UNIT 2C 3 2 1 1 2 3 4 5 6 7 8 9 10 11 12 28 27 VOLA PG.276 24 23 22 21 20 19 18 GCPR SCALE: 1" = 120' BL CK 16 LOCK WOODLAND OAKS SUBDIVISION BLOCK 4 BLOCK 4 UNIT 4 VOL.5, PG.55A 17 GCPR 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 >6 18 °.. WATER OAK _ - - - - - - - - - - - - i 16 6 4 19 0 ;_U< > g 8 7 5 6 7 8 9 10 11 12 i,,,"z I i — 0. co 0_ 15 BLOCK 1 BLOCK 3 o rn o 5 / WINTER HILL, LLC 00 3 BLOCK 3 VOL.4145, PG.71 20 r m GCOPR BLOCK 4 � N o 14 5.651 ACRES N z PHILIP W. DOYAL 4 / TO 19 18 17 16 15 14 13 I °� o 13 WINTER HILL, LLC i 22 21 2 VOL.4143, PG.80 i GCOPR 3 1 A112 2 20 UAYCAA�iEK9il� � BLOCK 1 BLOCK 3 2 3 4 5 6 UNPLATTED i 21 BLOCK 2 BLOCK 2 1 i MESA OAKS 2 MESA DAKS MESA V 26 MAGDALENA SUBDIVISION 6 SUBDIVISION + SUBDIVISION LOT 2 PENA LOT UNIT 1 VOL.7, PG.79 VOL.7, PG.79 BLOCK SUBDIVISION BLOCK VOL.7, PG.345 GCIIR ;r G PR 1 VOLE, PG.396 1 GCPR 1 2 3 4 5" 1 2 3 4 5 6 7 25 G PR t BLOCK 1 CK 3 I BLOCK 2 Qi 24 BL OI CITY OF SCHERTZ DEVELOPER NOTE. I TEMS WI THIN THIS SUBDI VISION ARE THE RESPONSIBILITY OF THE DEVELOPER UNLESS OTHERWISE NOTED. JONESICARTER Texas Board of Professional Engineers Registration No. F -439 1000 Central Parkway North, Suite 100 • San Antonio, Texas 78232-210,494.5511 © 2015Jones I Carter S.W. QUADRANT WATER PLANT LOT 1, BLOCK 1 VOL.7, PG.344 GCPR EXHIBIT "A" WYNTER HILL SUBDIVISION COTTON KING & OAK RUN COST SHARING EXHIBIT 10/9/2015 EXHIBIT B CITY'S PARTICIPATION COSTS O WYNTER HILL SUBDIVISION OPINION i f PROBABLE STREET i } i ITEM UNIT NQ. DESCRIPTION UNIT QUANTITY PRIG TOTAL CITY OF SCHERTZ RESPONSIBILITY AT WATER OAK 1. Street Excavation CY 185 $ 4.00 $ 740.00 2. Embankment (On -Site) CY 185 2.50 462.50 3. TX -5 Geogrid SY 365 4.75 1,733.75 4. Flexible Base (8" Compacted Depth) SY 365 11.25 4,106.25 5. 330 /SY (3 ") Asphalt Pavement SY 332 17.00 5,644.00 6. Machine Laid Curb with Gutter LF 174 13.00 2,262.00 7. 5' wide Concrete Sidewalk SY 97 40.00 3,880.00 8. Engineering /Surveying - Cotton King LS 1 1,200.00 1;200.00 9. Maintenance Bond LS 1 80.00 80.00 TOTAL: $ 20,108.50 September 18, 2015 Revised November 23, 2015 Job #SO416- 0002 -00 Agenda No. 8 CITY COUNCIL MEMORANDUM City Council Meeting: December 1, 2015 Department: Public Works/Engineering Subject: Resolution No. 1.5 -R -108 — Authorizing a Professional Services Agreement with Ford Engineering, Inc. relating to Engineering, Design, and Hydraulic Study for the Waterline Phase III Replacement Project in the Northcliffe Subdivision The existing asbestos cement water mains in the Northcliffe Subdivision are experiencing a large number of breaks due to the ground shifting causing interruption of service to the residents in this area. The impact to the City includes crew resources and overtime costs, damaged streets, sidewalks, and driveway aprons and loss of purchased water. The City has completed Phase I of this project in 2010 at the same time of the Street Bond Reconstruction. The total cost of both Street and Waterline Upgrades for Phase I was over $1.3 million. Phase II in 2013 was Waterline Upgrades only in the amount of $768,387. This phase will not include street reconstruction. The goal of this project is to replace the remaining sections of waterlines in Northcliffe. Achievement of this goal in its entirety will be contingent upon bid results and available funding in the FY 2015 -16 Budget. Currently, there is $500,000 budgeted for this project. Depending on bid results, Staff may recommend breaking the construction of this project into Phases IIIA and IIIB or constructing this final phase in its entirety by supplementing the project budget with money from the water construction fund. This Resolution authorizes approval of an agreement with Ford Engineering, Inc., to design Phase III in its entirety. The plans will be structured so that they can be used for construction of all or a portion of the project. Replacement of these sections of waterline is high priority based on the frequency of waterline breaks and the impact on area residents from interrupted water service. On July 7, 2014, City Council approved On Call Engineering Contracts with four Engineering Firms; Ford Engineering, Pape Dawson, LAN, and Cobb Fendley for the engineering and design of various projects in the City of Schertz. Based on qualifications, experience, and history of the project, staff recommends hiring Ford Engineering to provide the engineering and design services for the project in the amount of $67,143. The budget for the project is as follows: Budget Engineering $67,143 Construction $409,214 (current amount available) Legal $500 Advertising $500 Other Prof. Services $1,000 Construction Contingency $21,643 Project Total $500,000 Goal Engineer and design to allow for bidding of the project to relocate multiple sections of waterlines to upgrade the existing line and alleviate the issues associated with the frequency of waterline breaks. Ford Engineering will design new water mains and services on Cherry Tree Drive, Mayfair Drive, Wedgewood Drive, and :Portage Lane as outlined on the enclosed project map. Once complete, the project will be publicly bid for construction. Community Benefit Upgrade of waterline in the area avoiding interrupted water service caused by main breaks. Summary of Recommended Action Staff recommends Council approve hiring Ford Engineering, Inc. to engineer and design the Northcliffe Phase III Waterline Replacement for a cost of $67,143. FISCAL IMPACT Engineering and design cost for the project in the amount of $67,143. $500,000 has been approved in the FY 2015 -16 Budget. Staff recommends Council approve Resolution 15 -R -1.08 ATTACHMENTS Resolution 15 -R -108 Project Agreement Project Map RESOLUTION NO. 15 -R -108 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING A PROFESSIONAL SERVICES AGREEMENT WITH FORD ENGINEERING, INC., RELATING TO ENGINEERING, DESIGN, AND HYDRAULIC STUDY FOR THE WATERLINE PHASE III REPLACEMENT PROJECT IN THE NORTHCLIFFE SUBDIVISION, AND OTHER MATTERS IN CONNECTION THEREWITH WHEREAS, the City staff of the City of Schertz (the "City ") has determined that the City requires professional services relating to engineering, design, and hydraulic study for the Phase II Waterline Replacement and Upgrade Project in the Northcliffe Subdivision; and WHEREAS, City staff has determined that Ford Engineering, Inc. is uniquely qualified to provide such services for the City; and WHEREAS, pursuant to Section 252.022(a)(4), the City is not required to seek bids or proposals with respect to a procurement for personal, professional, or planning purposes; and WHEREAS, the City has an On -Call Engineering Services Agreement with Ford Engineering, Inc., for Engineering and :Design Services; and WHEREAS, the City Council has determined that it is in the best interest of the City to contract with Ford Engineering, Inc. pursuant to the Engineering Project Agreement attached hereto as Exhibit A (the "Agreement "). BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS THAT: Section 1. The City Council hereby authorizes the City Manager to execute and deliver the Agreement with Ford Engineering, Inc. in substantially the form set forth on Exhibit A. Section 2. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Resolution for all purposes and are adopted as a part of the judgment and findings of the City Council. Section 3. All resolutions, or parts thereof, which are in conflict or inconsistent with any provision of this Resolution are hereby repealed to the extent of such conflict, and the provisions of this Resolution shall be and remain controlling as to the matters resolved herein. Section 4. This Resolution shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 5. If any provision of this Resolution or the application thereof to any person or circumstance shalt 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 1st day of December, 2015. CITY OF SCHERTZ, TEXAS Michael R. Carpenter, Mayor Brenda Dennis, City Secretary (CITY SEAL) EXHIBIT A 50077397.1 A -1 EXHIBIT 0 DO . ........... Pi N/1" �T L i P 1-1, S E I I C 01,11A P L E T E 1) EXHIBIT 0 DO This Agreement is entered into in the City of Schertz, Texas, between the City of Schertz, a Texas municipal corporation, hereinafter called "CITY" and /or "OWNER ", and Ford Engineering, Inc., 10927 Wye Drive, Suite 104, San Antonio, Texas. Engineer(s), duly licensed, and practicing under the laws of the State of Texas, hereinafter called "CONSULTANT ", this Agreement being executed by City pursuant to appropriate action by the City Council of CITY and by CONSULTANT, for engineering services hereinafter set forth in connection with the above designated Project for CITY. ARTICLE 1 DEFINITIONS ARTICLE 2 SCOPE OF SERVICES ARTICLE 3 COMPENSATION FOR SERVICES ARTICLE 4 METHOD OF PAYMENT ARTICLE 5 TIME, SCHEDULE, AND PERIOD OF SERVICE ARTICLE 6 COORDINATION WITH CITY ARTICLE 7 REVISIONS TO DRAWINGS AND SPECIFICATIONS ARTICLE 8 OWNERSHIP OF DOCUMENTS ARTICLE 9 TERMINATION AND /OR SUPENSION OF WORK ARTICLE 10 CONSULTANT'S WARRANTY ARTICLE 11 ASSIGNMENT OR TRANSFER OF INTEREST ARTICLE 12 INSURANCE REQUIREMENTS ARTICLE 13 INDEMNIFICATION ARTICLE 14 CLAIMS AND DISPUTES ARTICLE 15 SEVERABILITY ARTICLE 16 ESTIMATES OF COST ARTICLE 17 INTEREST IN CITY CONTRACTS PROHIBITED ARTICLE 18 CONFLICTS OF INTEREST DISCLOSURE ARTICLE 19 STANDARD OF CARE ARTICLE 20 RIGHT OF REVIEW AND AUDIT ARTICLE 21 ENTIRE AGREEMENTS ARTICLE 22 VENUE ARTICLE 23 NOTICES ARTICLE 24 INDEPENDENT CONTRACTOR ARTICLE 25 CAPTIONS ATTACHMENT 1 PROJECT SCOPE OF SERVICES ATTACHMENT 2 PROJECT DESIGN PHASES COST AND TIMELINE ATTACHMENT 3 BILLING RATE SCHEDULE ATTACHMENT 4 ADDITIONAL PROJECTS AND /OR EXPANDED SCOPE OF SERVICES Project Agreement for Engineering Services rev 03122014 Page 1 ARTICLE 1: DEFINITIONS AS USED IN THIS AGREEMENT, THE FOLLOWING TERMS SHALL HAVE MEANINGS AS SET OUT BELOW: Agreement means this Master Agreement between CITY and CONSULTANT that establishes the terms and conditions for all Projects to be carried out under this Agreement. Application for Compensation means the form CONSULTANT uses to make a request to be paid for completed services. Application for Payment means the form CONSTRUCTION CONTRACTOR uses to make a request to be paid for completed work. Certificate for Payment means the form CONSULTANT uses to make recommendations on CONSTRUCTION CONTRACTOR'S Application for Payment. CITY means the City of Schertz, Texas. Claim means a demand or assertion by one of the parties seeking, as a matter of right, adjustment, or interpretation of the terms of this Agreement, payment of money, extension of time, or other relief with respect to the terms of this Agreement. The term "claim" also includes other disputes and matters in question between the OWNER and CONSULTANT arising out of or relating to this Agreement. Compensation means amounts paid by CITY to CONSULTANT for completed services under this Agreement. CONSTRUCTION CONTRACTOR means the firm hired by CITY to construct the Project. Construction Contract Documents means the contract between the CITY and the film contracted by CITY to construct the Project and all documents therein. CONSULTANT means the entity named on the cover page of this Agreement and its officers, partners, employees, agents, and representatives, and all its subconsultants, if any, and all other persons or entities for which CONSULTANT is legally responsible. ENGINEER means CITY's City Engineer. Final Compensation means the final amounts paid by CITY to CONSULTANT for completed services under this Agreement. Final Payment means the final amounts paid by CITY to CONSTRUCTION CONTRACTOR for completed work under the construction contract. Project Agreement for Engineering Services rev 03122014 Page 2 Opinion of Probable Construction Cost means CONSULTANT'S estimate of probable construction cost for a Project based on its experience and qualifications as a practitioner of its profession and the current costs in the local area. OWNER means the City of Schertz, Texas. Payment means amount paid by CITY to CONSTRUCTION CONTRACTOR for work performed under the Construction Contract Documents. Plans and Specifications means the construction documents. Project means the capital improvement /construction development undertaking of CITY for which CONSULTANT'S services, as stated in the Scope of Services, and to be provided pursuant to this Agreement. Proposal means CONSULTANT'S proposal to provide services for the Project. Schedule of Values means the fees allocated to services, reimbursable and /or various portions of the services or Work, prepared in such form, and supported by such data to substantiate its accuracy as OWNER may require. Scope of Services means the services described in Article 4, Scope of Services. Services means professional services performed by CONSULTANT. Total Compensation means the amount paid to CONSULTANT under Article 2, Compensation for Basic Services, of this Agreement. Work means the labor and materials required to complete a Project by CONSTRUCTION CONTRACTOR in accordance with the Construction Contract Documents. 2.1 CONSULTANT shall not commence work until being thoroughly briefed on the scope of the Project and being notified in writing to proceed. The scope of the Project and CONSULTANT'S Services required shall be reduced by CONSULTANT to a written summary of the scope meeting. That Scope of Services and associated time schedule, along with cost, once approved by CITY, will be included as a part of this Agreement as Attachments 1 and 2 herein. Should the scope subsequently change, either CONSULTANT or CITY may request a review of the anticipated services, with an appropriate adjustment in compensation. 2.2 Communications by and with CONSULTANT'S subconsultants shall be through CONSULTANT. Communications by and with subcontractors and material suppliers shall be through CONSTRUCTION CONTRACTOR. Project Agreement for Engineering Services rev 03122014 Page 3 2.3 CONSULTANT, in consideration for the Compensation herein provided, shall render the professional Services described in this Section that are necessary for the development of the Project, including plans and specifications, construction management services, any special and general conditions, and instructions to bidders as acceptable to the Engineer, or his or her duly authorized representative. 2.4 CONSULTANT shall complete a Project in accordance with the following phases and CONSULTANT'S Scope of Services attached and incorporated herein as Attachments 1 and 2. 2.4.1 PROJECT DESIGN PHASES 2.4.2 Preliminary Engineering Report 2.4.3 30% Design 2.4.4 60% Design 2.4.5 90% Design 2.4.6 Bid Documents and Services 2.4.7 Construction Phase Services 2.4.8 Project Close Out and Final Payment 2.5 Upon acceptance and approval of the plans, reports or other deliverables required for a Phase of work, as set forth in the Scope of Services, Engineer shall authorize CONSULTANT, in writing, to proceed with the next phase of Work. 2.6 During Design Phases CONSULTANT shall: 2.6.1 Coordinate and meet with City staff and Project stakeholders as appropriate throughout the Project. Assist staff at meetings with stakeholders, workshops, and presentations to advisory commissions and City Council. 2.6.2 Provide the necessary field survey services to determine the existing field conditions, including all utilities and surface features to the maximum extent possible. 2.6.3 CONSULTANT shall make every effort to minimize utility adjustments, where possible. 2.6.4 In the event electrical, communication, gas or other facilities are encountered, CONSULTANT shall identify and incorporate those facilities at the completion of each Project Phase in order to determine the magnitude of any potential adjustment. 2.6.5 Perform the necessary testing to determine the existing site conditions and proper design for construction and methods of any necessary demolition. 2.6.6 Follow and comply with the requirements for the Design Phases listed in this Agreement, CITY'S Unified Development Code, if applicable, and CITY'S Design Guidance Manual, both of which are incorporated by reference herein. Project Agreement for Engineering Services rev 03122014 Page 4 2.6.7 In case of conflicts, follow and comply with the most stringent requirements for the Design Phases. 2.6.8 Prepare documents for, and coordinate with other utilities and associated local, state, and federal agencies (including TCEQ, EPA, TxDOT, ACOE, etc.) as required for the approval of all necessary permits (determined during scoping for each individual project). 2.6.9 Provide detailed plans and specifications for the Project at appropriate progress intervals in requested formats (may include hard copy, .pdf, and Awg). 2.6.10 Provide Opinion of Probably Construction Cost. 2.7 During Bid Phase CONSULTANT shall: 2.7.1 Provide unit price bid quantities in City bid form format for use in bid documents. 2.7.2 Provide bid sets of contract, technical specifications, plans, and any other necessary documents in hard copy and digital format. 2.7.3 Attend pre -bid conference and prepare responses to questions and addenda as necessary. 2.7.4 Research qualifications and references of apparent low bidder(s) and provide a letter of recommendation for contract award. 2.8 During Construction Phase: 2.8.1 CONSULTANT shall monitor construction schedule. 2.8.2 CONSULTANT will make a minimum of two visits per month to the Project Site at intervals appropriate to the Phases to (1) become generally familiar with and to keep CITY informed about the progress and quality of the portion of the Work completed, and (2) endeavor to guard CITY against defects in Work. However, CONSULTANT will not be required to make exhaustive or continuous on -site inspections to check the quality or quantity of the Work. 2.8.3 CONSULTANT will neither have control over or charge of, nor be responsible for, the construction means, methods, techniques, sequences or procedures, or for the safety precautions and programs in connection with the Work since these are solely CONSTRUCTION CONTRACTOR'S rights and responsibilities under the Contract Documents. CONSULTANT'S efforts will be directed toward providing for CITY a greater degree of confidence that the completed Work will generally conform to the Contract Documents. 2.8.4 CONSULTANT will not be responsible for CONSTRUCTION CONTRACTOR'S failure to perform the Work in accordance with the requirements of the Contract Documents. CONSULTANT will not have control mmmmmmmmommm Project Agreement for Engineering Services rev 03122014 Page 5 over or charge of and will not be responsible for acts or omissions of CONSTRUCTION CONTRACTOR, subcontractors, or their agents or employees, or any other persons or entities performing portions of the Work. 2.8.5 CONSULTANT and CITY have authority to reject Work that does not conform to the Contract Documents. Whenever CONSULTANT or CITY considers it necessary or advisable, either CITY or CONSULTANT may require inspection or testing of the Work whether or not such Work is fabricated, installed or completed. However, neither this authority of CONSULTANT or CITY, nor a decision made by either, in good faith, to require or not require an inspection shall give rise to a duty or responsibility of CONSULTANT or CITY to CONSTRUCTION CONTRACTOR, subcontractors, material and equipment suppliers, agents or employees, or other persons or entities performing portions of the Work. 2.8.6 CONSULTANT will review and approve or take other appropriate action upon CONSTRUCTION CONTRACTOR'S submittals such as Shop Drawings, Product Data and Samples, but only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents. CONSULTANT will respond to submittals such as Shop Drawings, Product Data, and Samples pursuant to the procedures set forth in the Project specifications. Review of such submittals is not conducted for the purpose of determining the accuracy and completeness of equipment or systems, all of which remain the responsibility of CONSTRUCTION CONTRACTOR as required by the Contract Documents. CONSULTANT'S review of CONSTRUCTION CONTRACTOR'S submittals shall not relieve CONSTRUCTION CONTRACTOR of its obligations. CONSULTANT'S review shall not constitute approval of safety precautions or any construction means, methods, techniques, sequences or procedures unless otherwise specifically stated by CONSULTANT. CONSULTANT'S approval of a specific item shall not indicate approval of an assembly of which the item is a component. 2.8.7 CONSULTANT will, within three work days after receipt of CONSTRUCTION CONTRACTOR'S Application for Payment review the Application for Payment and either issue to OWNER and /or the affected utility a Certificate for Payment for such amount as CONSULTANT determines is properly due, or notify OWNER, any affected utility, and CONSTRUCTION CONTRACTOR in writing of CONSULTANT'S reasons for withholding recommendation of approval in whole or in part. 2.8.8 CONSULTANT'S issuance of a Certificate for Payment will constitute a representation by CONSULTANT to OWNER, based on CONSULTANT'S evaluation of the Work and the data comprising the Application for Payment, that the Work has progressed to the point indicated and that, to the best of CONSULTANT'S knowledge, information and belief, the quality of the work is in accordance with the design agreement documents or Construction Contract Documents. The foregoing representations are subject to an evaluation of the Project Agreement for Engineering Services rev 03122014 Page 6 Work for conformance with the design agreement documents, to results of subsequent tests and inspections, to correction of mint: deviations from the design agreement documents prior to completion, and to any specific qualifications expressed by CONSULTANT. The issuance of a Certificate for Payment based on the CONSTRUCTION CONTRACTOR'S Application for Payment will further constitute a representation that CONSTRUCTION CONTRACTOR is entitled to payment in accordance with the Schedule of Values. The issuance of Certificate for Payment will not be a representation that CONSULTANT has (1) made exhaustive or continuous on -site inspections to check the quality or quantity of the Work, (2) reviewed construction means, methods, techniques, sequences or procedures, (3) reviewed copies of requisitions received from Subcontractors and material suppliers and other data requested by OWNER to substantiate Construction Contractor's right to payment, or (4) made any examination to ascertain how or for what purpose CONSTRUCTION CONTRACTOR has used money previously paid on account of the Application for Payment sum. 2.8.9 CONSULTANT may recommend withholding an approval for Payment in whole or in part, to the extent reasonably necessary to protect OWNER if, in CONSULTANT'S opinion, the representations to OWNER required by Section 4.13 cannot be made. If CONSULTANT is unable to recommend approval of payment in the amount of the Application, CONSULTANT will notify OWNER and CONSTRUCTION CONTRACTOR as provided in Section 4.12. If OWNER and CONSULTANT cannot agree on a revised amount, CONSULTANT will promptly issue a Certificate for Payment for the amount for which CONSULTANT is able to make such representations to OWNER. CONSULTANT may also recommend withholding a Payment, because of subsequently discovered evidence, may modify the whole or a part of a Certificate for Payment to such extent as may be necessary, in CONSULTANT'S opinion, to protect OWNER and the affected utility from loss for which CONSTRUCTION CONTRACTOR is responsible, including loss resulting from acts and omissions described below: 2.8.9.1 defective Work not remedied; 2.8.9.2 third party claims filed or reasonable evidence indicating probable filing of such claims for which CONSTRUCTION CONTRACTOR is responsible hereunder unless security acceptable to OWNER and the affected utility is provided by CONSTRUCTION CONTRACTOR; 2.8.9.3 failure of CONSTRUCTION CONTRACTOR to make payments properly to the subcontractors and /or material providers; 2.8.9.4 reasonable evidence that the Work camlot be completed for the unpaid balance of the agreement sum and CONSTRUCTION CONTRACTOR has failed to provide OWNER and the affected utility adequate Project Agreement for Engineering Services rev 03122014 Page 7 assurance of its continued performance within a reasonable time after demand; 2.8.9.5 damage to OWNER or another contractor; 2.8.9.6 reasonable evidence that the Work will not be completed within the agreement time, and that the unpaid balance would not be adequate to cover actual or liquidated damages for the anticipated delay; or 2.8.9.7 persistent failure by CONSTRUCTION CONTRACTOR to carry out the Work in accordance with the Construction Contract Documents. 2.8.10 When the above reasons for withholding payment are removed, payment will be made for amounts previously withheld. OWNER shall not be deemed in default by CONSULTANT by reason of withholding payment as provided herein. 2.8.11 CONSULTANT will prepare Change Orders and Field Work Directives, and, with concurrence of OWNER, OWNER'S designated representative will have authority to order minor changes in the Work not involving an adjustment in the Total Compensation or an extension of the time for construction. Such changes shall be effected by written order, which CONSTRUCTION CONTRACTOR shall carry out promptly and record on the as -built plan. 2.8.12 Upon written request of CITY or CONSTRUCTION CONTRACTOR, CONSULTANT will issue its interpretation of the requirements of the Plans and Specifications. CONSULTANT'S response to such requests will be made in writing within any agreed time limits or otherwise with reasonable promptness. If no agreement is made concerning the time within which interpretations required by CONSULTANT shall be furnished in compliance with Article IV, then delay shall not be recognized on account of failure by CONSULTANT to furnish such interpretations until 15 days after written request is made for CONSULTANT'S interpretation. 2.8.13 Interpretations of CONSULTANT will be consistent with the intent of and reasonably inferable from the Construction Contract Documents and will be in writing or in the form of drawings. 2.8.14 CONSULTANT will advise and consult with CITY. CITY'S instructions to CONSTRUCTION CONTRACTOR may be issued through CONSULTANT, but CITY reserves the right to issue instructions directly to CONSTRUCTION CONTRACTOR through inspectors or other designated CITY representatives. 2.8.15 CONSULTANT and CITY will conduct observations to determine the date of substantial completion of the Work. CONSULTANT shall provide to CITY a written recommendation of consideration of substantial completion of the Project. 2.8.16 CONSULTANT and CITY will conduct observations to determine the date of final completion. CONSULTANT will receive and forward to CITY, for CITY'S Project Agreement for Engineering Services rev 03122014 Page 8 review and records, written warranties and related documents required by the Construction Contract Documents and assembled by CONSTRUCTION CONTRACTOR, and will issue a final Approval for Payment upon compliance with the requirements of the Construction Contract Documents. Such final Approval will be accompanied by a signed and sealed statement from the CONSULTANT'S Engineer of Record that certifies to 'CITY that the project was constructed in accordance with the approved plans and specifications. 2.8.17 CONSULTANT shall prepare record drawings from information submitted by CONSTRUCTION CONTRACTOR and from CONSULTANT'S own observations in accordance with City standards. CONSULTANT shall provide record drawings in hard copy, .pdf, and .dwg formats to CITY. 3.1 Basic Services 3.1.1 Compensation for all Services included in this Agreement will be on a time and expense not -to- exceed basis in accordance with the negotiated, approved schedule of billing rates as set forth in Attachment 3. Not -to- exceed compensation amounts, to the extent they have been negotiated shall be reflected in Attachment 3. A Proposal including a not -to- exceed cost will be provided by CONSULTANT along with a Scope of Services for each Project (Attachments 1 and 2). The amount to be paid to CONSULTANT, including authorized adjustments, is the total amount payable by OWNER to CONSULTANT for performance of the Services for the Project under this Agreement. It is agreed and understood that such amount will constitute full compensation to CONSULTANT for Services included in the Scope of Services and shall meet all requirements of CITY'S design guidelines applicable to the Project. Unless and until CITY makes further appropriations for any Services not included in the Scope of Services of this Agreement, the obligation of CITY to CONSULTANT for Compensation in connection with this Agreement cannot and will not exceed the sum described in this Section without further amendment to this Agreement. 3.1.2 No billing rate changes from those approved as Attachment 3 of this Agreement shall be made during the term of this Agreement without the prior written approval of CITY. 3.1.3 CONSULTANT shall submit monthly invoices to CITY describing the Services performed the preceding month. CONSULTANT'S invoices shall include the name of the person who performed the Service, a brief description of the Service performed and the Phase of the Project to which the Service relates, the date(s) the Service was performed, the number of hours spent on all Services billed on an hourly basis, and a description of any subconsultant fees and /or reimbursable expenditures. Project Agreement for Engineering Services rev 03122014 Page 9 3.1.4 CITY shall reimburse CONSULTANT only for those costs or expenses specifically approved in this Agreement, or specifically approved in advance by CITY. Unless otherwise approved, such costs shall be limited and include nothing more than the following costs incurred by CONSULTANT: 3.1.4.1 Approved reproduction charges, 3.1.4.2 Actual costs of subconsultant(s) for performance of any of the Services that CONSULTANT agrees to provide pursuant to this Agreement, which have been approved in advance by CITY and awarded in accordance with this Agreement. 3.1.4.3 Actual costs and /or other costs and /or payments specifically authorized in advance by the CITY in writing and incurred by CONSULTANT in the performance of this Agreement. 3.1.5 CONSULTANT shall complete the Project in accordance with the following phases. For the purpose of establishing portions of compensation for separate phases, more particularly described in the Scope of Services, Attachment 2 shall apply. Preliminary Engineering Report 30% Design 60% Design 90% Design Bid Documents and Services Construction Phase Services Project Close Out and Final Payment 3.1.6 CONSULTANT shall, within 10 days following receipt of Compensation fiom OWNER, pay all bills for Services performed and furnished hereunder by subconsultant(s) of CONSULTANT in connection with the Project and the performance of services and shall, if requested, provide OWNER with evidence of such payment. CONSULTANT'S failure to make payments within such time shall constitute a material breach of this Agreement unless CONSULTANT is able to demonstrate to OWNER bona fide disputes associated with the Services of the unpaid subconsultant and its services. CONSULTANT shall include a provision in each of its sub agreements imposing the same payment obligations on its subconsultants as are applicable to CONSULTANT hereunder, and if OWNER so requests, shall provide evidence of such payments by CONSULTANT to OWNER. If CONSULTANT has failed to make payment promptly to the subconsultant for undisputed Services for which OWNER has made payment to CONSULTANT, OWNER shall be entitled to withhold future payment to CONSULTANT to the extent remaining unpaid by CONSULTANT necessary to protect OWNER. Project Agreement for Engineering Services rev 03122014 Page 10 3.1.7 CONSULTANT warrants that title to all deliverables produced in the performance of Services covered by an Application for Compensation will pass to OWNER no later than the time of payment. CONSULTANT further warrants that upon submittal of an Application for Compensation, all Services for which Applications for Compensation have been previously issued and payments received from OWNER shall, to the best of CONSULTANT'S knowledge, information and belief be free and clear of liens, claims, security interests or encumbrance in favor of CONSULTANT, or other persons or entities under contract with CONSULTANT making a claim by reason of having provided labor or services relating to CONSULTANT'S Services. CONSULTANT SHALL INDEMNIFY AND HOLD OWNER HARMLESS FROM ANY LIENS, CLAIMS, SECURITY INTEREST OR ENCUMBRANCES FILED BY ANYONE CLAIMING BY, THROUGH OR UNDER THE ITEMS COVERED BY PAYMENTS MADE BY OWNER TO CONSULTANT. 3.2 Additional Services 3.2.1 CONSULTANT shall not receive any compensation for additional Services without prior written authorization of CITY. Compensation for duly authorized additional Services shall be paid in accordance with the approved schedule of billing rates as set forth in Attachment 3. 3.2.2 Examples of additional Services (not all inclusive) 3.2.2.1 Assistance to CITY as an expert witness in any litigation with third parties arising from the development of construction of a Project including the preparation of engineering data and reports. 3.2.2.2 Preparation of plats and field notes for acquisition of property. 3.2.2.3 Preparation of applications and supporting documents for governmental grants, loans, or advances in connection with a Project; preparation of review of environmental assessment and impact statements; review and evaluation of the effect on the design requirements of a Project of any such statements and documents prepared by others; and assistance in obtaining approval of authorities having jurisdiction over the anticipated environmental impact of a Project. 3.2.2.4 Making revisions in drawings, specifications, or other documents when such revisions are inconsistent with written approvals or instructions previously given, are required by the enactment or revision of codes, laws, or regulations subsequent to the preparation of such documents or are due to other causes not solely within the control of CONSULTANT. 3.2.2.5 Making revisions to drawings or specifications occasioned by acceptance of substitutions proposed by CONSTRUCTION CONTRACTOR; and Services after the award of each contract in Project Agreement for Engineering Services rev 03122014 Page 11 evaluating and determining the acceptability of an unreasonable or excessive number of substitutions proposed by CONSTRUCTION CONTRACTOR. 3.2.2.6 Preparing drawings, specifications, and supporting data and providing other Services in connection with change order requests to the extent that the adjustment in the basic compensation resulting from the adjusted construction cost is not commensurate with the Services required of CONSULTANT, provided such change order requests are required by causes not solely within the control of CONSULTANT; or in connection with change orders requiring significant engineering effort to compute and document the Work effort reflected by the Change Order. 3.2.2.7 Investigations, surveys, valuations, inventories, or detailed appraisals of facilities, construction and/or services not required by Project scope. 3.2.2.8 Investigations, surveys, audit, or inventories required in connection with construction performed by CITY. 3.2.2.9 Additional Services during construction made necessary by: 3.2.2.9.1 Work damaged by fire or other cause during construction. 3.2.2.9.2 A significant amount of defective or neglected work- of CONSTRUCTION CONTRACTOR. 3.2.2.9.3 Failure of performance of CONSTRUCTION CONTRACTOR. 3.2.2.9.4 Acceleration of the progress schedule required by CITY involving Services beyond normal working hours. 3.2.2.9.5 Default by CONSTRUCTION CONTRACTOR. 3.2.2.10 Providing extensive assistance in the use of any equipment or system such as initial start-up or testing, adjusting and balancing, preparation of operation and maintenance manuals, training personnel for operation and maintenance, and consultation during operation. 3.2.2.11 Providing Services relative to future facilities, systems, and equipment which are not intended to be constructed during the Construction Phase. 3.2.2.12 Services after completion of the Construction Phase, such as inspections during any guarantee period and reporting observed deficiencies under guarantee called for in any contract for a Project. Project Agreement for Engineering Services rev 03122014 Page 12 3.2.2.13 Providing Services of geotechnical engineering firm to perform test borings and other soil or foundation investigations and related analysis not included in original Scope of Services for a Project. 3.2.2.14 Additional copies of Construction Contract Documents, review documents, bidding documents, reports, and or drawings over the number specified in the original Scope of Services for a Project. 3.2.2.15 Preparation of all documents dealing with 404 permits and railroad agreements. 3.2.2.16 Providing photographs, renderings, or models for CITY use. 3.2.2.17 Providing aerial mapping Services. 3.2.2.18 Providing consulting engineering Services not related to a particular design or construction Project. 3.3 All Applications for Compensation shall be submitted through Engineer's office. ARTICLE 4: METHOD OF PAYMENT 4.1 Compensation may be made to CONSULTANT as appropriately indicated on monthly Applications for Compensation prepared based on hourly rates, not to exceed amounts estimated for each phase, as described in Article 2 and Attachments 1 and 2 hereof. 4.2 Project Close Out and Final Payment — 4.2.1 CONSULTANT shall not be entitled to final payment unless and until it submits to OWNER its affidavit that the invoices for services, and other liabilities connected with the services for which OWNER, or OWNER'S property, might be responsible have been fully paid or otherwise satisfied or will be paid from final payment; releases and waivers of liens from all CONSULTANT'S subconsultants and of any and all other parties required by OWNER that are either unconditional or conditional on receipt of final payment; certificates of insurance showing continuation of required insurance coverage; such other documents as OWNER may request; and consent of surety to final payment. 4.2.2 Final Compensation — The final compensation to be made by CITY to CONSULTANT will be payable upon submission of the "Record Drawings ". CONSULTANT agrees to submit "Record Drawings: in print media, electronic format (.pdf and .dwg formats) and final billing within 45 days of final acceptance of construction. Additionally, CONSULTANT agrees to submit a statement of release with the final billing notifying CITY that there is no further compensation owed to CONSULTANT by CITY beyond the final bill. Final billing shall indicate "Final Bill — no additional compensation is due to CONSULTANT ". Project Agreement for Engineering Services rev 03122014 Page 13 4.3 OWNER may withhold compensation to such extent as may be necessary, in OWNER'S opinion, to protect OWNER from damage or loss for which CONSULTANT is responsible, because of, 4.3.1 delays in the performance of CONSULTANT'S services; 4.3.2 third party claims filed or reasonable evidence indicating probable filing of such claims unless security acceptable to OWNER is provided by CONSULTANT; 4.3.3 failure of CONSULTANT to make payments properly to subconsultants or vendors for labor, materials or equipment; 4.3.4 reasonable evidence that CONSULTANT'S work cannot be completed for the amount unpaid under this Agreement; 4.3.5 damage to OWNER or CONSTRUCTION CONTRACTOR; or 4.3.6 persistent failure by CONSULTANT to carry out the performance of its Services in accordance with this Agreement. 4.4 When the above reasons for withholding are removed or remedied by CONSULTANT, compensation of the amount withheld will be made within a reasonable time. OWNER shall not be deemed in default by reason of withholding compensation as provided for in this Article. 4.5 In the event of any dispute(s) between the parties regarding the amount properly payable for any Phase or as final Compensation, or regarding any amount that may be withheld by OWNER, CONSULTANT shall be required to make a claim pursuant to and in accordance with the terms of this Agreement and follow the procedures provided herein for the resolution of such dispute. In the event CONSULTANT does not initiate and follow the claims procedures provided in this Agreement in a timely manner and as required by the terms thereof, any such claim shall be waived. 4.6 OWNER shall make final compensation for all sums due CONSULTANT not more than 30 days after CONSULTANT'S final Application for Compensation. 4.7 Acceptance of final compensation by CONSULTANT shall constitute a waiver of claims except those previously made in writing and identified by CONSULTANT as unsettled at the time of final Application for Compensation. 4.8 CONSULTANT agrees to maintain adequate books, payrolls and records satisfactory to OWNER and all applicable utility providers in connection with any and all Services performed hereunder. CONSULTANT agrees to retain all such books, payrolls and records (including data stored in computer) for a period of not less than four years after completion of Work. At all reasonable times, OWNER and all applicable utility providers and their duly authorized representatives shall have access to all personnel of CONSULTANT and all such books, payrolls and records, and shall have the right to audit same. BMWO X, �1 5.1 Prior to commencement, CONSULTANT shall provide CITY with a schedule of Project Design Phases, Attachment 2. 5.2 Time is of the essence of this Agreement. CONSULTANT shall perform and complete its obligations for the various Phases of a Project under Section 4, Scope of Services, of this Agreement in a prompt and continuous manner so as to not delay the development of the design Services and so as to not delay the construction of the work for the Project in accordance with the schedules approved by CITY with CONSTRUCTION CONTRACTOR. Upon review of phase Services, if corrections, modifications, alterations, or additions are required of CONSULTANT, these items shall be completed by CONSULTANT before that Phase is approved. 5.3 CONSULTANT shall not proceed with the next appropriate Phase of Services without written authorization from the Engineer. CITY may elect to discontinue CONSULTANT'S Services at the end of any Phase for any reason. Notwithstanding any other provisions of this Agreement, if circumstance dictates, the Engineer may make adjustments to the scope of CONSULTANT'S obligations at any time to achieve the required design. 5.4 CONSULTANT shall not be liable or responsible for any delays due to strikes, riots, acts of God, national emergency, acts of the public enemy, governmental restrictions, laws or regulations, or any other causes beyond CONSULTANT'S reasonable control. Within 21 days from the occurrence of any event for which time for performance by CONSULTANT will be significantly extended under this provision, CONSULTANT shall give written notice thereof to CITY stating the reason for such extension and the actual or estimated time thereof. If CITY determines that CONSULTANT is responsible for the need for extended time, CITY shall have the right to make a Claim as provided in this Agreement. 5.5 Term of Agreement shall be as follows: 5.5.1 This Agreement shall become effective upon and shall remain in effect until satisfactory completion of the Project unless terminated as provided for in this Agreement. 6.1 CONSULTANT shall hold periodic conferences with the Engineer or his or her representatives to the end that the Project as developed shall have the full benefit of CITY'S experience and knowledge of existing needs and facilities, and be consistent with its current policies and standards. To assist CONSULTANT in this coordination, CITY shall make available for CONSULTANT'S use in planning and designing the Project all existing plans, maps, statistics, computations and other data in its possession relative to existing facilities and to this particular Project, at no cost to CONSULTANT. However, any and all such information shall remain the property of CITY and shall be returned by Project Agreement for Engineering Services rev 03122014 Page 15 CONSULTANT upon termination or completion of the Project or if instructed to do so by the Engineer. 6.2 The Engineer will act on behalf of CITY with respect to the Services to be performed under this Agreement. The Engineer shall have complete authority to transmit instructions, receive information, interpret and define CITY'S policies and decisions with respect to materials, equipment, elements and systems pertinent to CONSULTANT'S services. 6.3 CITY will give prompt written notice to CONSULTANT whenever CITY observes or otherwise become aware of any defect in CONSULTANT'S Services, in the work of CONSTRUCTION CONTRACTOR, or any development that affects the scope or timing of CONSULTANT'S Services. 6.4 All appraisals, notices, and permits shall be furnished by CONSULTANT under the Scope of Services unless otherwise assigned to CITY in the Scope of Services, Approvals and permits assigned to CITY shall be obtained from all governmental authorities having jurisdiction over the Project and such approvals and consents from others as may be necessary for the completion of the Project. CONSULTANT will provide CITY reasonable assistance in connection with such approvals and permits such as the furnishing of data compiled by CONSULTANT pursuant to other provisions of this Agreement, but CONSULTANT shall not be obligated to develop additional data, prepare extensive reports or appear at hearings or the like unless compensated therefore under other provisions of this Agreement. 7.1 CONSULTANT shall make without expense to CITY such revisions to the drawings, reports or other documents as may be required to meet the needs of CITY which are within the Scope of Services, but after the approval of drawings, reports or other documents and specifications by CITY, any revisions, additions, or other modifications made at CITY'S request which involve extra services and expenses to CONSULTANT shall be at additional compensation to CONSULTANT for such additional Services and expenses in accordance with Article 3 herein. Project Agreement for Engineering Services rev 03122014 Page 16 • iM �! 1t 8.1 All previously owned documents, including the original drawings, estimates, specifications, and all other documents and data by CONSULTANT, will remain the property of CONSULTANT as instruments of service. However, CONSULTANT understands and agrees that CITY shall have free access to all such information with the right to make and retain copies of previously owned drawings, estimates, specifications and all other documents and data. Any reuse without specific written verification or adaptation by CONSULTANT will be at CITY'S sole risk and without liability or legal exposure to CONSULTANT. 8.2 All completed documents submitted by CONSULTANT for final approval or issuance of a permit shall bear the seal with signature and date adjacent thereto of a registered professional engineer: licensed to practice in the State of Texas. 8.3 CONSULTANT acknowledges and agrees that upon payment, CITY shall own exclusively any and all information in whatsoever form and character produced and /or maintained in accordance with, pursuant to, or as a result of this Agreement and shall be used as CITY desires and documents, including the original drawings, estimates, specifications and all other documents and data shall be delivered to CITY at no additional cost to CITY upon request or termination or completion of this Agreement without restriction on future use. However, any reuse without specific written verification or adaptation by CONSULTANT will be at CITY'S sole risk and without liability to CONSULTANT. 8.4 CONSULTANT agrees and covenants to protect any and all proprietary rights of CITY in any materials provided to CONSULTANT. Such protection of proprietary rights by CONSULTANT shall include, but not be limited to, the inclusion in any copy intended for publication of copyright mark reserving all rights to CITY. Additionally, any materials provided to CONSULTANT by CITY shall not be released to any third party without the written consent of CITY and shall be returned intact to CITY upon termination or completion of this Agreement or if instructed to do so by the Engineer. Project Agreement for Engineering Services rev 03122014 Page 17 CLAIM THAT MATERIALS OR WORK PROVIDED UNDER THIS AGREEMENT O • PATENT, TRADE SECRET, .. 1 , ' K, COPYRIGHT OR OTHER INTELLECTUAL PROPERTY 8.6 CONSULTANT may make copies of any and all documents and items for its files. CONSULTANT shall have no liability for changes made to or use of the drawings, specifications and other documents by other engineers, or other persons, subsequent to the completion of the Project. CONSULTANT shall appropriately mark all changes or modifications on all drawings, specifications and other documents by other engineers or other persons, including electronic copies, subsequent to the completion of the Project. 8.7 Copies of documents that may be relied upon by CITY are limited to the printed copies (also known as hard copies) and .pdf- format electronic versions that are sealed and signed by CONSULTANT. Files in editable electronic media format of text, data, graphics, or other types (such as .dwg) that are furnished by CONSULTANT to CITY are only for convenience of CITY or any utility. Any conclusion or information obtained or derived from such electronic files will be at the user's sole risk. Any reuse without specific written verification or adaptation by CONSULTANT will be at CITY'S sole risk and without liability to CONSULTANT. 8.8 Notwithstanding anything to the contrary contained herein, all previously owned intellectual property of CONSULTANT, unless expressly purchased by CITY, including but not limited to any computer software (object code and source code), tools, systems, equipment or other information used by CONSULTANT or its suppliers in the course of delivering the Services hereunder, and any know -how, methodologies, or processes used by CONSULTANT to provide the services or protect deliverables to CITY, including without limitation, all copyrights, trademarks, patents, trade secrets, and any other proprietary rights inherent therein and appurtenant thereto shall remain the sole and exclusive property of CONSULTANT or its suppliers. 9.1 Right of Either Party to Terminate for Default 9.1.1 This Agreement may be terminated by either party for substantial failure by the other party to perform (through no fault of the terminating party) in accordance with the terms of this Agreement and a failure to cure as provided in this Article 9. 9.1.2 The party not in default must issue a signed, written notice of termination (citing this paragraph) to the other party declaring the other party to be in default and stating the reason(s) why they are in default. Upon receipt of such written notice of default, the party in receipt shall have a period of ten days to cure any failure to perform under this Agreement. Upon the completion of such 10 -day period commencing upon receipt of notice of termination, if such party has not cured any Project Agreement for Engineering Services rev 03122014 Page 18 failure to perform, such termination shall become effective without further written notice. 9.2 Right of CITY to Terminate 9.2.1 CITY reserves the right to terminate this Agreement for reasons other than substantial failure by CONSULTANT to perform by issuing a signed, written notice of termination (citing this paragraph) which shall take effect on the twentieth day following receipt of said notice or upon the scheduled completion date of the performance Phase in which CONSULTANT is then currently working, whichever effective termination date occurs first. 9.3 Right of CITY to Suspend Giving Rise to Right of CONSULTANT to Terminate 9.3.1 CITY reserves the right to suspend this Agreement at the end of any Phase for the convenience of CITY by issuing a signed, written notice of suspension (citing this paragraph) which shall outline the reasons for the suspension and the expected duration of the suspension, but such expected duration shall in no way guarantee what the total number of days of suspension will occur. Such suspension shall take effect immediately upon receipt of said notice of suspension by CONSULTANT. 9.3.1.1 CONSULTANT is hereby given the right to terminate this Agreement in the event such suspension extends for a period in excess of 120 days. CONSULTANT may exercise this right to terminate by issuing a signed, written notice of termination (citing this paragraph) to CITY after the expiration of 120 days from the effective date of the suspension. Termination (under this paragraph) shall become effective immediately upon receipt of said written notice by CITY. 9.4 Procedures CONSULTANT Shall Follow upon Receipt of Notice of Termination 9.4.1 Upon receipt of a notice of termination and prior to the effective date of termination, unless the notice otherwise directs or CONSULTANT immediately takes action to cure a failure to perform under the cure period set out in this Article. CONSULTANT shall immediately begin the phase -out and the discontinuance of all services in connection with the performance of this Agreement and shall proceed to promptly cancel all existing orders and contracts insofar as such orders and contracts are chargeable to this Agreement. Within 30 days after receipt of such notice of termination (unless CONSULTANT has successfully cured a failure to perform) CONSULTANT shall submit a statement showing in detail the Services performed under this Agreement prior to the effective date of termination. CITY shall have the option to grant an extension to the time period for submittal of such statement. 9.4.2 Copies of all completed or partially completed specifications and all reproductions of all completed or partially completed designs, plans and attachments prepared under this Agreement prior to the effective date of Project Agreement for Engineering Services rev 03122014 Page 19 termination shall be delivered to CITY, in the form requested by CITY as a precondition to final payment. These documents shall be subject to the restrictions and conditions set forth in Article IX above. 9.4.3 Upon the above conditions being met, CITY shall promptly pay CONSULTANT that proportion of the prescribed Compensation which the Services actually performed under this Agreement bear to the total Services called for under this Agreement, less previous payments of the Compensation. 9.4.4 CITY, as a public entity, has a duty to document the expenditure of public funds. CONSULTANT acknowledges this duty on the part of CITY. To this end, CONSULTANT understands that failure of CONSULTANT to comply with the submittal of the statement and documents as required above shall constitute a waiver by CONSULTANT of any and all rights or claims for compensation for services performed under this Agreement by CONSULTANT. 9.4.5 Failure of CONSULTANT to comply with the submittal of the statement and documents as required above shall constitute a waiver by CONSULTANT of any and all rights or claims to collect monies that CONSULTANT may otherwise be entitled to for services performed under this Agreement. 9.5 Procedures CONSULTANT Shall Follow upon Receipt of Notice of Suspension 9.5.1 Upon receipt of written notice of suspension, which date shall also be the effective date of the suspension, CONSULTANT shall, unless the notice otherwise directs, immediately begin to phase -out and discontinue all services in connection with the performance of this Agreement and shall proceed to promptly suspend all existing orders and contracts insofar as such orders and contracts are chargeable to this Agreement. 9.5.2 CONSULTANT shall prepare a statement showing in detail the Services performed under this Agreement prior to the effective date of suspension. 9.5.3 Copies of all completed or partially completed designs, plans, and specifications prepared under this Agreement prior to the effective date of suspension shall be prepared for possible delivery to CITY but shall be retained by CONSULTANT until such time as CONSULTANT may exercise the right to terminate. 9.5.4 In the event that CONSULTANT exercises the right to terminate 120 days after the effective suspension date, within 30 days after receipt by CITY of CONSULTANT'S notice of termination, CONSULTANT shall promptly cancel all existing orders and contracts insofar as such orders and contracts are chargeable to this Agreement and shall submit the above referenced statement showing in detail the services performed under this Agreement prior to the effective date of suspension. 9.5.5 Any documents prepared in association with this Agreement shall be delivered to CITY as a precondition to final payment. Project Agreement for Engineering Services rev 03122014 Page 20 9.5.6 Upon the above conditions being met, CITY shall pay CONSULTANT that proportion of the prescribed Compensation which the Services actually performed under this Agreement bear to the total Services called for under this Agreement, less previous payments of Compensation. 9.5.7 CITY, as a public entity, has a duty to document the expenditure of public funds. CONSULTANT acknowledges this duty on the part of CITY. To this end, CONSULTANT understands that failure of Consultant to substantially comply with the submittal of the statements and documents as required herein shall constitute a waiver by CONSULTANT of any portion of the Compensation for which CONSULTANT did not supply such necessary statements and /or documents. FEW t14 V to em-VIEWIl �,• 10.1 CONSULTANT warrants that it has not employed or retained any company or person other than a bona fide employee working solely for CONSULTANT to solicit or secure this Agreement, and that it has not, for the purpose of soliciting or securing this Agreement, paid or agreed to pay any company or person, commission, percentage, brokerage fee, gift, or any other consideration, contingent upon or resulting from the award or making of this Agreement. For breach of this warranty, CITY shall have the right to terminate this Agreement under the provisions of Article 9 above. 11.1 CONSULTANT shall not assign or transfer its interest in this Agreement without the prior written consent of CITY. 12.1 Prior to the commencement of any Services under this Agreement, CONSULTANT shall furnish copies of all required endorsements and an original completed Cei-tificate(s) of Insurance to CITY'S Engineering Department, which shall be clearly identified with the name of the Project in the Description of Operations block of the Certificate. The original Certificate(s) shall be completed by an agent and signed by a person authorized by that insurer to bind coverage on its behalf. CITY will not accept Memorandum of Insurance or Binders as proof of insurance. The original certificate(s) or form must have the agent's original signature, including the signer's company affiliation, title and phone number, and be mailed, with copies of all applicable endorsements, directly from the insurer's authorized representative to CITY. CITY shall have no duty to pay or perform under this Agreement until such certificate and endorsements have been received and approved by CITY'S Engineering Department. No officer or employee other than CITY'S Risk Manager shall have authority to waive this requirement. Project Agreement for Engineering Services rev 03122014 Page 21 circumstances surrounding this contract. In no instance will CITY allow modification whereupon CITY may incur increased risk. 12.3 CONSULTANT'S financial integrity is of interest to CITY. Therefore, subject to CONSULTANT'S right to maintain reasonable deductibles in such amounts as are approved by CITY, CONSULTANT shall obtain and maintain in full force and effect for the duration of this Agreement, and any extension hereof, at CONSULTANT'S sole expense, insurance coverage written on an occurrence or claims made basis, as appropriate, by companies authorized and approved to do business in the State of Texas and with an A.M. Best's rating of no less than A- (VII), in the following types and for an amount not less than the amount listed: INSURANCE REQUIREMENTS Worker's Compensation* Employer's Liability Commercial General (Public) Liability insurance to include coverage for the following: a. Premises Operations b. Independent Contractors ** c. Products /Completed Operations d. Personal Injury e. Contractual Liability Statutory $1,000,000/$1,000,000 /$1,000,000 For Bodily Injury and Property Damage of $1,000,000 per occurrence. $2,000,000 General Aggregate, or its equivalent in Umbrella or Excess Liability Coverage Business Automobile Liability Combined Single Limit for Bodily Injury and a. Owned /Leased Vehicles property Damage of $1,000,000 per occurrence b. Non -owned Vehicles c. Hired Vehicles Professional Liability (Claims Made Form) $1,000,000 per claim to pay on behalf of the insured all sums, which the insured shall become legally obligated to pay as damages to the extent caused by any negligent act, error, or omission in the performance of professional services. *Alternate Plans must be approved by CITY'S Risk Manager * *If applicable Project Agreement for Engineering Services rev 03122014 Page 22 policies). CONSULTANT shall attempt to comply with any such requests, subject to the policy terms and conditions, and shall submit a copy of the replacement certificate of insurance to CITY at the address provided below within 10 days of the requested change, in the event the respective insurance companies approve the requested change(s). CONSULTANT shall pay any costs incurred resulting from said changes. City of Schertz Attn: City Engineer 10 Commercial Place Schertz, TX 78154 12.5 CONSULTANT agrees that with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: 12.5.1 Name CITY and its officers, officials, employees, and elected representatives as additional insured's by endorsement, as respects operations and activities of, or on behalf of, the named insured performed under contract with CITY, with the exception of the workers' compensation and professional liability policies; 12.5.2 Provide for an endorsement that the "other insurance" clause shall not apply to the CITY where CITY is an additional insured shown on the policy if such endorsement is permitted by law and regulations; 12.5.3 Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of CITY; and 12.5.4 Provide 30 calendar days advance written notice directly to CITY of any suspension, cancellation or non - renewal or material change in coverage, and not less than 10 calendar days advance written notice for nonpayment of premium. 12.6 Within five calendar days after a suspension, cancellation or non - renewal of coverage, CONSULTANT shall provide a replacement Certificate of Insurance and applicable endorsements to CITY. CITY shall have the option to suspend CONSULTANT'S performance should there be a lapse in coverage at any time during this Agreement. Failure to provide and to maintain the required insurance shall constitute a material breach of this Agreement. Project Agreement for Engineering Services rev 03122014 Page 23 12.8 Nothing herein contained shall be construed as limiting in any way the extent to which CONSULTANT may be held responsible for payments of damages to persons or property resulting from CONSULTANT'S or its subconsultant's performance of the Services covered under this Agreement. 12.9 It is agreed that CONSULTANT'S insurance shall be deemed primary with respect to any insurance or self insurance carried by CITY for liability arising out of operations under this Agreement. 12.10 It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this Agreement as respects additional insured's. 13.2 CONSULTANT shall advise CITY in writing within 24 hours of any claim or demand against CITY or CONSULTANT, known to CONSULTANT, related to or arising out of CONSULTANT'S activities under this Agreement. Project Agreement for Engineering Services rev 03122014 Page 24 13.3 The provisions of Article 13 are solely for the benefit of the parties hereto and not intended to create or grant any rights, contractual or otherwise, to any other person or entity. 13.4 Acceptance of the final plans by CITY shall not constitute nor be deemed a release of the responsibility and liability of CONSULTANT, its employees, associates, agents or subcontractors for the accuracy and competency of their designs, work drawings, Plans and Specifications or other documents and Work; nor shall such acceptance be deemed an assumption of responsibility or liability by CITY for any defect in the designs, work drawings, Plans and Specifications or other documents and Work prepared by CONSULTANT, its employees, subconsultants, and agents. 14.1 Definition. A Claim is a demand or assertion by one of the parties seeking, as a matter of right, adjustment or interpretation of this Agreement's terms, payment of money, and extension of time or other relief with respect to the terms of this Agreement. The term "Claim" also includes other disputes and matters in question between OWNER and CONSULTANT arising out of or relating to this Agreement. Claims must be initiated by written notice. Every Claim of CONSULTANT, whether for additional Compensation, additional time, or other relief, shall be signed and sworn to by an authorized corporate officer (if not a corporation, then an official of the company authorized to bind CONSULTANT by signature) of CONSULTANT, verifying the truth and accuracy of the Claim. The responsibility to substantiate Claims shall rest with the party making the Claim. 14.2 Time Limit on Claims. Claims by CONSULTANT or by OWNER must be initiated within 30 calendar days after occurrence of the event giving rise to such Claim. Claims by CONSULTANT must be initiated by written notice to OWNER. Claims by the OWNER must be initiated by written notice to CONSULTANT. 14.3 Continuing Contract Performance. Pending final resolution of a Claim except as otherwise agreed in writing, CONSULTANT shall proceed diligently with performance of this Agreement and OWNER shall continue to make payments in accordance with this Agreement. 14.4 Claims for Additional Time. If CONSULTANT wishes to make Claim for an increase in the time for performance, written notice as provided in this Article 14 shall be given. CONSULTANT'S Claim shall include an estimate of probable effect of delay on progress of the Work. In the case of a continuing delay only one Claim is necessary. 14.5 Claims for Consequential Damages. Except as otherwise provided in this Agreement, in calculating the amount of any Claim or any measure of damages for breach of contract (such provision to survive any termination following such breach), the following standards will apply both to claims by CONSULTANT and to claims by OWNER: 14.5.1 No consequential damages will be allowed. Project Agreement for Engineering Services rev 03122014 Page 2S 14.5.2 Damages are limited to extra costs specifically shown to have been directly caused by a proven wrong for which the other party is claimed to be responsible. 14.5.3 No profit will be allowed on any damage claim. 14.6 No Waiver of • AGREEMENT BE CONSTRUED TO WAIVE OWNER'S RETAINED FROM LAWSUIT, WHICH IMMUNITY IS EXPRESSLY TO THE EXTENT IT IS NOT CLEARLY /: UNAMBIGUOUSLY WAIVED BY 15.1 If for any reason, any one or more paragraphs of this Agreement are held invalid or unenforceable, such invalidity or unenforceability shall not affect, impair or invalidate the remaining paragraphs of this Agreement but shall be confined in its effect to the specific section, sentences, clauses or parts of this Agreement held invalid or unenforceable, and the invalidity or unenforceability of any section, sentence, clause or parts of this Agreement in any one or more instance shall not affect or prejudice in any way the validity of this Agreement in any other instance. 16.1 Since CONSULTANT has no control over the cost of labor, materials, or equipment or over CONSTRUCTION CONTRACTOR'S methods of determining prices, or over competitive bidding or market conditions, CONSULTANT'S opinions of probable Project Cost or Construction Cost provided for herein are to be made on the basis of CONSULTANT'S experience and qualifications and represent CONSULTANT'S best judgment as a design professional familiar with the construction industry but CONSULTANT cannot and does not guarantee that bids or the construction cost will not vary from opinions of probable Cost prepared by CONSULTANT. Project Agreement for Engineering Services rev 03122014 Page 26 18.1 All consultants must disclose if it is associated in any manner with a CITY official or employee in a business venture or business dealings. To be "associated" in a business venture or business dealings includes being in a partnership or joint venture with the officer or employee, having a contract with the officer or employee, being joint owners of a business, owning at least 10% of the stock in a corporation in which a CITY officer or employee also owns at least 10 %, or having an established business relationship as client or customer. 19.1 Services provided by CONSULTANT under this Agreement will be performed in a manner consistent with that degree of care and skill ordinarily exercised by members of the same profession currently practicing under similar circumstances. 19.2 CONSULTANT shall be represented by a registered professional engineer licensed to practice in the State of Texas at meetings of any official nature concerning the Project, including but not limited to scope meetings, review meetings, pre -bid meetings, and preconstruction meetings. 19.3 The Texas Board of Professional Engineers, 1917 IH -35 South, Austin, Texas 78741, (512) 440 -7723 has jurisdiction over individuals licensed under Title 22 of the Texas Administrative Code. 19.4 Acceptance of the final plans by CITY shall not constitute nor be deemed a release of the responsibility and liability of CONSULTANT, its employees, associates, agents, or subcontractors for the accuracy and competency of their designs, work drawings, Plans and Specifications or other documents and Work; nor shall such acceptance be deemed an assumption of responsibility or liability by CITY for any defect in the designs, work drawings, Plans and Specifications or other documents and Work prepared by CONSULTANT, its employees, subconsultants, and agents. 20.1 CONSULTANT agrees that CITY may review any and all of the work performed by CONSULTANT UNDER THIS Agreement. CITY is granted the right to audit, at CITY'S election, all of CONSULTANT'S records and billings related to performance of this Agreement. CONSULTANT agrees to retain such records for a minimum of four years following completion of this Agreement. Any payment, settlement, satisfaction, or release provided under this Agreement shall be subject to CITY'S rights as may be disclosed by such audit. 21.1 This Agreement, together with Attachments 1, 2, 3, and 4, represents the entire and integrated agreement between CITY and CONSULTANT and supersedes all prior Project Agreement for Engineering Services rev 03122014 Page 27 negotiations, representations, or agreements, either oral or written. This Agreement may be amended only by written instrument signed by both CITY and CONSULTANT. 22.1 The obligations of the parties to this Agreement shall be performable in the City of Schertz or its Extra Territorial Jurisdiction, located in Bexar, Comal, and Guadalupe Counties, Texas, and if legal action, such as civil litigation, is necessary in connection therewith, exclusive venue shall lie in Guadalupe County, Texas. 23.1 Except as may be provided elsewhere herein, all notices, communications, and reports required or permitted under this Contract shall be personally delivered or mailed to the respective party by depositing the same in the United States Postal Service addressed to the applicable address shown below, unless and until either party is otherwise notified in writing by the other party of a change of such address. Mailed notices shall be deemed communicated as of five calendar days of mailing. Notices provided via email shall be deemed communicated as of the next business day after the notice is sent. If intended for CITY, to: If intended for CONSULTANT, to City of Schertz Engineering Department 10 Commercial Place Schertz, Texas 78154 The address listed on the first page of this Agreement. 24.1 In performing services under this Agreement, the relationship between CITY and CONSULTANT is that of independent contractor. By the execution of this Agreement, CONSULTANT and CITY do not change the independent contractor status of CONSULTANT. CONSULTANT shall exercise independent judgment in performing its duties and obligations under this Agreement and is solely responsible for setting working hours, scheduling or prioritizing the work flow and determining how the Services are to be performed. No term or provision of this Agreement or act of CONSULTANT in the performance of this Agreement shall be construed as making CONSULTANT the agent, servant or employee of CITY, or as malting CONSULTANT or any of its agents or employees eligible for any fringe benefits, such as retirement, insurance and worker's compensation, which CITY provides to or for its employees. �Lj� 111 [�7►f`l 25.1 The captions for the individual provisions of this Agreement are for informational purposes only and shall not be construed to effect or modify the substance of the terns and conditions of this Agreement to which any caption relates. Project Agreement for Engineering Services rev 03 122 014 Page 28 IN WTI'NESS WHEREOF, the parties to this Agreement hereby execute this Agreement effective as of , 20 (the "Effective Date "). CITY MANAGER 111300-11RAN" onsultant Name (i,121 t aw- ( TITLE Project Agreement for Engineering Services rev 03122014 Page 29 "Attachment I" ti` R;° i, Project: The scope of work is generally as follows: Ford Engineering Inc. and its team will provide civil engineering professional consulting services for the City for design, bid and construction services for the replacement of existing water mains on Cherry Tree Drive, Mayfair Drive, Wedgewood Drive, and Portage lane in the City of Schertz, Texas. Scope of Work: Ford Engineering, Inc. will prepare a set of construction plans, specifications, and quantity estimate, for review, approval, and construction with associated details for the replacement of existing water mains on Cherry Tree Drive, Mayfair Drive, Wedgewood Drive, and Portage lane. The design is for the replacement of existing mains with 8 -inch PVC C900 mains, provide reconnections to all existing services, provide trench restoration per the City of Schertz specifications, and provide tie - ins to existing mains. The plans will provide a design for temporary erosion control measures, temporary traffic control and project phase sequencing. Ford Engineering, Inc. will provide an opinion on probable cost based on similar projects and best available information. The project plans and bid documents will include a base bid to account for the length of new water main anticipated to meet the City of Schertz project budget of approximately $500,000, and additive alternates (2 maximum) for areas which may be added to the construction limits provided bids are acceptable. The City will provide the front end documents for the bid documents and specifications. Ford Engineering, Inc. will provide the bid proposal documents and fill in the appropriate data for the bid documents. The City will determine bid dates, City project numbers, etc. The project design will provide submittals for the City of Schertz to review at the 30% design phase, 60% design phase and the 90% design phase. • The 30% submittal will include an opinion of probable cost, conceptual layout, with the existing survey complete. Plans will be 22 -inch by 34 -inch. The submittal documents will be provided in digital format (PDF) to the City for review. • The 60% submittal will include an opinion of probable cost, and the plans developed to at least 60% completion, showing alignments, fittings, services and limits of construction of base bid and additive alternates. Plans will be 22 -inch by 34 -inch. The submittal documents will be provided in digital format (PDF) to the City for review. • The 90% submittal will include an opinion of probable cost, construction plans developed to at least 90% completion, and bid document complete with the exception of pertinent dates and information to be provided by the City. The plans will incorporate all City comments provided on the 60% submittal. Plans will be 22 -inch by 34 -inch. The submittal documents will be provided in digital format (PDF) to the City for review. Changes in design /scope requested by the City after this submittal requiring additional construction plan sheets, changes in limits of work or alignment of utility, will be considered additional service negotiated by change order. o The 100% submittal or Bid Set will include an opinion of probable cost, and the construction plans and Bid Documents. The submittal documents will be provided in digital format (PDF) to the City for review. Ford Engineering, Inc. will aid in the bidding process (answering contractor questions and issuing of addendums as required). Ford Engineering, Inc. will have a representative available for pre -bid and bid opening meetings with the City of Schertz. Upon receipt of bid proposals, Ford Engineering, Inc. will provide a tabulation of bid, will call three references of the apparent low bidder, will provide the City with a recommendation of award, and will assist the City in providing copies of contract documents for signatures by all parties. Ford Engineering, Inc. will have a representative available for pre- construction and monthly project meetings during construction. Ford Engineering, Inc. and /or its team member will provide six 6 site visits in order to observe general construction progress and determine compliance with the plans and specifications. It is anticipated that Ford Engineering, Inc. will review six (6) monthly and one final payment applications by the contractor, and will provide recommendations to the City for payment. If the project duration requires additional monthly payment application review, the time required of FEI will be compensated at an hourly rate determined in the general contract. Ford Engineering, Inc. and our team will review contractor's submittals, respond to RFI's, and issue change orders as required. Ford Engineering, Inc. and /or its team will have representatives present at the site for project walkthrough and will prepare a punch list of corrections for final approval of the project. After construction has been completed and work approved by the Owner, Ford Engineering Inc. will incorporate any changes made during construction, as indicated by the contractor on a marked up set of plans, into a set of Project Record Drawings. Total Fee: Compensation for these services will be in the amount of $67,143.00 which will cover all costs associated with the scope described above i' 1 -00 a: az* 0.. . . . . p p p F b, Z. bJ 8 iJ 0 0 ;u a w DD 0 m 21 21 a -u = 0 U) U) ca U) m -0 rx 0 m i:' 0 In -n U.L:� i�,a 0 ui. m 0 av 9 2 u, --1 0 = K M o 0 o u 0 m ;u ;10 ev -n ?5. (6 ID ,D w 0 a "M m M Od -0 co <<< -U -U -U 5 om No 0 0 _n 0 C) 0 d= u (v 00 (D PL -5, 3 :� 0 =1 Z� 0 0 5 M M M 5. CD > m (00 m 'm Fn S C' n n < 0 a S UD m 0 9 ED 3 P. B d 0 < -03 3 < O 0 0 R O 6 ET 0 3 d Q 0 m 9 0 0 0 9 a co 0 U) @ m < 0 0 al 0 --i i. cn m ol 0 0 0 0 0 0 0 0 0 0 0 0 0 0 s 0 s 0 0 0 0 0 0 0 G si F; si S; si si E� 10 N O O Cl) O 41 _rl ni -W -4 T.08 rte ss -o (o 41 -co c0 N 41 m: o' C, w ow, w w -91 41 cn ww p p p 0 00 '00 0, 0 •� 1 1 ', �� ` � � ' � �� ' �, � 1 it � � ' !� . CITY MANAGER Consultant Name TITLE Project Agreement for Engineering Services rev 03122014 Page 33 Agenda No. 9 CITY COUNCIL MEMORANDUM City Council Meeting: December 1, 2015 Subject: Resolution No. 15 -R -93 Standard Professional Services Agreement SEDC with Ford Engineering BACKGROUND Goal: To approve the Standard Professional. Service Agreement ( "PSA ") on behalf of the Schertz Economic Development Corporation ( "SEDC ") with Ford Engineering. Ford Engineering will develop necessary plans for the demolition of existing structures located at 1300 Schertz Parkway. History: The SEDC, through Resolution No. 15 -R -52, purchased the property located at 1300 Schertz Parkway for future SEDC office space. The existing structure was found to be not suitable for office space. At the October 22, 2015 Regular SEDC Monthly Meeting, the SEDC Board considered a proposal for engineering services. The scope of engineering services included drafting all plans necessary for the demolition of existing structures and the reconstruction of the site as a parking lot. The site would be used for parking until a long -term solution was found by the SEDC Board and City Council. After discussion, the SEDC Board requested that the scope be limited to demolition of existing structures and re- vegetation of the site. Multiple engineering bids were provided and Ford Engineering was selected because of their experience with the site and corresponding competitive bid. The PSA was revised to its current form and presented at the November 19, 2015 Regular SEDC Monthly Meeting. Community Benefit: The PSA and associated engineering plans will allow staff to gather accurate contractor bids and permits needed for demolition. The removal of the existing structure will mitigate future safety hazards and liability. The removal will also lower holding costs until a long term use for the site is determined by the SEDC Board and City Council. Summary of Recommended Action: To approve Resolution 15 -R -93 authorizing the PSA with Ford Engineering to create engineering plans needed for the project. This action only authorizes the engineering work and does not authorize the demolition of the structure. FISCAL IMPACT The PSA with Ford Engineering will not exceed $8,327.50 plus Direct Project Expenses. RECOMMENDATIONS Staff recommends approval of Resolution No. 15 -R -93 SEDC Board of Directors held a meeting on November 19, 2015 where a motion to recommend approval of Resolution 15 -R -93 to the City Council for final approval was made by Mr. Roy Richard and seconded by .Ms. Angelina Kiser. The vote was unanimous. ATTACHMENT(S) Resolution No. 15 -R -93 Standard Professional Services Agreement SEDC with Ford Engineering RESOLUTION NO. I5 -R -93 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING A STANDARD PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF SCHERTZ ECONOMIC DEVELOPMENT CORPORATION ( "SEDC "), A TEXAS NON - PROFIT INDUSTRIAL DEVELOPMENT CORPORATION AND FORD ENGINEERING, INC., RELATING TO ENGINEERING AND DESIGN FOR THE PROPERTY LOCATED AT 1300 SCHERTZ PARKWAY, OTHER MATTERS IN CONNECTION THEREWITH WHEREAS, by Resolution No. 15 -R -52 the SEDC purchased the Improved Property located at 1300 Schertz Parkway; and WHEREAS, the SEDC staff has determined that the SEDC requires professional services relating to engineering and design for 1300 Schertz Parkway; and WHEREAS, the SEDC has been established pursuant to the Development Corporation Act to promote economic development in Schertz and is authorized to allocate funds for engineering services; and WHEREAS, the SEDC staff has determined that Ford Engineering, Inc. is qualified to provide such services for the SEDC; and WHEREAS, the SEDC held a meeting on November 19, 2015, and the Board of the SEDC voted to recommend approval of the Standard Professional Services Agreement to the City Council; and BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS THAT: Section 1. The City Council hereby authorizes the expenditure of $8,327.50 plus Direct Project Expenses for the City of Schertz Economic Development Corporation Standard Professional Services Agreement as set forth on Exhibit A. Section 2. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Resolution for all purposes and are adopted as a part of the judgment and findings of the City Council. Section 3. All resolutions, or parts thereof, which are in conflict or inconsistent with any provision of this Resolution are hereby repealed to the extent of such conflict, and the provisions of this Resolution shall be and remain controlling as to the matters resolved herein. Section 4. This Resolution shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 5. If any provision of this Resolution or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Resolution and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City Council hereby declares that this Resolution would have been enacted without such invalid provision. Section 6. It is officially found, determined, and declared that the meeting at which this Resolution is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Resolution, was given, all as required by Chapter 551, Texas Government Code, as amended. Section 7. This Resolution shall be in force and effect from and after its final passage, and it is so resolved. PASSED AND ADOPTED, this day of , 2015. CITY OF SCHERTZ, TEXAS Mayor ATTEST: City Secretary (CITY SEAL) EXHIBIT A CITY OF SCEHRTZ ECONOMIC DEVELOPMENT STANDARD PROFESSIONAL SERVICES AGREEMENT A -1 STANDARD PROFESSIONAL SERVICES AGREEMENT THE STATE OF TEXAS § GUADALUPE COUNTY § This Professional Services Agreement ( "Agreement ") is made and entered by and between the City of Schertz Economic Development Corporation, (the "SEDC ") a Texas non - profit industrial . development corporation, and Ford Engineering, Inc. ( "Professional "). Section 1. Duration. This Agreement shall become effective upon execution by the SEDC and shall remain in effect until satisfactory completion of the Scope of Work unless terminated as provided for in this Agreement. Section 2. Scope of Work. (A) Professional shall perform the Services as more particularly described in the Scope of Work attached hereto as Exhibit "A ". The work as described in the Scope of Work constitutes the "Project ". Unless otherwise provided in the Scope of Work, the anticipated submittal of all Project deliverables is immediately upon completion of the Project. (B) The Quality of Services provided under this Agreement shall be of the level of professional quality performed by Professionals regularly rendering this type of service. Except that if the Services being provided under this Agreement are being provided by an engineer or architect than the Professionals shall perform the Services with the professional skill and care ordinarily provided by competent engineers or architects practicing in Bexar, Guadalupe and Comal counties and under the same or similar circumstances as the Services being provided under this Agreement and with the same professional license; and the Services shall be performed as expeditiously as is prudent considering the ordinary professional skill and care of a competent engineer or architect. (C) The Professional shall perform its Services for the Project in compliance with all statutory, regulatory and contractual requirements now or hereafter in effect as may be applicable to the rights and obligations set forth in the Agreement. (D) The Professional may rely upon the accuracy of reports and surveys provided to it by the SEDC except when defects should have been apparent to a reasonably competent professional or when it has actual notice of any defects in the reports and surveys. Section 3. Compensation. Page 1 of 18 (A) The Professional shall be paid in the manner set forth in Exhibit `B" and as provided herein. (B) Billing Period: The Professional may submit monthly, or less frequently, an invoice for payment based on the estimated completion of the described tasks and approved work schedule. Subject to Chapter 2251, Texas Government Code (the "Prompt Payment Act "), payment is due within thirty (30) days of the SEDC's receipt of the Professional's invoice. Interest on overdue payments shall be calculated in accordance with the Prompt Payment Act. (C) Reimbursable Expenses: Any and all reimbursable expenses related to the Project shall be accounted for in Exhibit `B". Section 4. ChanLyes to the Project Work; Additional Work. (A) Changes to Work: Professional shall make such revisions to any work that has been completed as are necessary to correct any errors or omissions as may appear in such work. If the SEDC finds it necessary to make changes to previously satisfactorily completed work or parts thereof, the Professional shall make such revisions if requested and as directed by the SEDC and such services will be considered as additional work and paid for as specified under following paragraph. (B) Additional Work: The SEDC retains the right to make changes to the Scope of Work at any time by a written order. Work that is clearly not within the general description of the Scope of Work and does not otherwise constitute special services under this Agreement must be approved in writing by the SEDC by supplemental agreement before the additional work is undertaken by the Professional. If the Professional is of the opinion that any work is beyond that contemplated in this Agreement and the Scope of Work governing the project and therefore constitutes additional work, the Professional shall promptly notify the SEDC of that opinion, in writing. If the SEDC agrees that such work does constitute additional work, then the SEDC and the Professional shall execute a supplemental agreement for the additional work and the SEDC shall compensate the Professional for the additional work on the basis of the rates contained in the Scope of Work. If the changes deduct from the extent of the Scope of Work, the contract sum shall be adjusted accordingly. All such changes shall be executed under the conditions of the original Agreement. Any work undertaken by Professional not previously approved as additional work shall be at risk of the Professional. Section 5. Time of Completion. The prompt completion of the services under the Scope of Work is critical to the SEDC. Unnecessary delays in providing services under a Scope of Work shall be grounds for dismissal of the Professional and termination of this Agreement without any or further liability to the SEDC other than a prorated payment for necessary, timely, and conforming work done by Professional prior to the time of termination. The Scope of Work shall provide, in either calendar days or by providing a final date, a time of completion prior to which the Professional shall have completed all tasks and services described in the Scope of Work. Page 2 of 18 Section 6. Insurance. Before commencing work under this Agreement, Professional shall obtain and maintain the liability insurance provided for in attached Exhibit C throughout the term of this Agreement and thereafter as required herein. In addition to the insurance provided for in Exhibit C, Professional shall maintain the following limits and types of insurance: Workers Compensation Insurance: The Professional shall carry and maintain during the term of this Agreement, workers compensation and employers liability insurance meeting the requirements of the State of Texas on all the Professional's employees carrying out the work involved in this contract. General Liability Insurance: The Professional shall carry and maintain during the term of this Agreement, general liability insurance on a per occurrence basis with limits of liability not less than $1,000,000 for each occurrence and for fire damage. For Bodily Injury and Property Damage, coverage shall be no less than $1,000,000. As a minimum, coverage for Premises, Operations, Products and Completed Operations shall be $2,000,000. This coverage shall protect the public or any person from injury or property damages sustained by reason of the Professional or its employees carrying out the work involved in this Agreement. The general aggregate shall be no less than $2,000,000. Automobile Liability Insurance: Professional shall carry and maintain during the term of this Agreement, automobile liability insurance with either a combined limit of at least $1,000,000 per occurrence for bodily injury and property damage or split limits of at least $1,000,000 for bodily injury per person per occurrence and $1,000,000 for property damage per occurrence. Coverage shall include all owned, hired, and non -owned motor vehicles used in the performance of this contract by the Professional or its employees. Subcontractor: In the case of any work sublet, the Professional shall require subcontractor and independent contractors working under the direction of either the Professional or a subcontractor to carry and maintain the same workers compensation and liability insurance required of the Professional. Qualifying Insurance: The insurance required by this Agreement shall be written by non- assessable insurance company licensed to do business in the State of Texas and currently rated °B +° or better by the A.M. Best Companies. All policies shall be written on a "per occurrence basis" and not a "claims made" form. Evidence of such insurance shall be attached as Exhibit "D ". Section 7. Miscellaneous Provisions. (A) Subletting. The Professional shall not sublet or transfer any portion of the work under this Agreement or any Scope of Work issued pursuant to this Agreement unless specifically approved in writing by the SEDC, which approval shall not be unreasonably withheld. Subcontractors shall comply with all provisions of this Agreement and the Page 3 of 18 applicable Scope of Work. The approval or acquiescence of the SEDC in the subletting of any work shall not relieve the Professional of any responsibility for work done by such subcontractor. (B) Ownership of Documents. Upon completion or termination of this Agreement, all documents prepared by the Professional or furnished to the Professional by the SEDC shall be delivered to and become the property of the SEDC. All drawings, charts, calculations, plans, specifications and other data, including electronic files and raw data, prepared under or pursuant to this Agreement shall be made available, upon request, to the SEDC without restriction or limitation on the further use of such materials PROVIDED, HOWEVER, THAT SUCH MATERIALS ARE NOT INTENDED OR REPRESENTED TO BE SUITABLE FOR REUSE BY THE SEDC OR OTHERS. ANY REUSE WITHOUT PRIOR VERIFICATION OR ADAPTATION BY THE PROFESSIONAL FOR THE SPECIFIC PURPOSE INTENDED WILL BE AT THE SEDC'S SOLE RISK AND WITHOUT LIABILITY TO THE PROFESSIONAL. Where applicable, Professional shall retain all pre - existing proprietary rights in the materials provided to the SEDC but shall grant to the SEDC a non - exclusive, perpetual, royalty -free license to use such proprietary information solely for the purposes for which the information was provided. The Professional may, at Professional's expense, have copies made of the documents or any other data furnished to the SEDC under or pursuant to this Agreement. (C) Professional's Seal. To the extent that the Professional has a professional seal it shall placed on all documents and data furnished by the Professional to the SEDC. All work and services provided under this Agreement will be performed in a good and workmanlike fashion and shall conform to the accepted standards and practices of the Professional's industry. The plans, specifications and data provided by Professional shall be adequate and sufficient to enable those performing the actual work to perform the work as and within the time contemplated by the SEDC and Professional. The SEDC acknowledges that Professional has no control over the methods or means of work nor the costs of labor, materials or equipment. Unless otherwise agreed in writing, any estimates of costs by the Professional are for informational purposes only and are not guarantees. (D) Compliance with Laws. The Professional shall comply with all federal, state and local laws, statutes, ordinances, rules and regulations, and the orders and decrees of any courts, administrative, or regulatory bodies in any matter affecting the performance of this Agreement, including, without limitation, worker's compensation laws, minimum and maximum salary and wage statutes and regulations, and licensing laws and regulations. When required, the Professional shall furnish the SEDC with satisfactory proof of compliance. (E) Independent Contractor. Professional acknowledges that Professional is an independent contractor of the SEDC and is not an employee, agent, official or representative of the SEDC. Professional shall not represent, either expressly or through implication, that Professional is an employee, agent, official or representative of the SEDC. Income taxes, self - employment taxes, social security taxes and the like are the sole responsibility of the Professional. (F) Non - Collusion. Professional represents and warrants that Professional has not given, made, promised or paid, nor offered to give, make, promise or pay any gift, bonus, Page 4 of 18 commission, money or other consideration to any person as an inducement to or in order to obtain the work to be provided to the SEDC under this Agreement. Professional further agrees that Professional shall not accept any gift, bonus, commission, money, or other consideration from any person (other than from the SEDC pursuant to this Agreement) for any of the services performed by Professional under or related to this Agreement. If any such gift, bonus, commission, money, or other consideration is received by or offered to Professional, Professional shall immediately report that fact to the SEDC and, at the sole option of the SEDC, the SEDC may elect to accept the consideration for itself or to take the value of such consideration as a credit against the compensation otherwise owing to Professional under or pursuant to this Agreement. (G) Force Majeure. If the performance of any covenant or obligation to be performed hereunder by any party is delayed as a result of circumstances which are beyond the reasonable control of such party (which circumstances may include, without limitation, pending litigation, acts of God, war, acts of civil disobedience, fire or other casualty, shortage of materials, adverse weather conditions [such as, by way of illustration and not of limitation, severe rain storms or below freezing temperatures, or tornados] labor action, strikes or similar acts, moratoriums or regulations or actions by governmental . authorities), the time for such perfonnance shall be extended by the amount of time of such delay, but no longer than the amount of time reasonably occasioned by the delay. The party claiming delay of performance as a result of any of the foregoing force majeure events shall deliver written notice of the commencement of any such delay resulting from such force majeure event not later than seven (7) days after the claiming party becomes aware of the same, and if the claiming party fails to so notify the other party of the occurrence of a force majeure event causing such delay and the other party shall not otherwise be aware of such force majeure event, the claiming party shall not be entitled to avail itself of the provisions for the extension of performance contained in this subsection. (H) In the case of any conflicts between the terms of this Agreement and wording contained within the Scope of Services, this Agreement shall govern. The Scope of Services is intended to detail the technical scope of services, fee schedule, and contract time only and shall not dictate Agreement terms. Section 8. Termination. (A) This Agreement may be terminated: (1) By the mutual agreement and consent of both. Professional and SEDC; (2) By either party, upon the failure of the other party to fulfill its obligations as set forth in either this Agreement or a Scope of Work issued under this Agreement; (3) By the SEDC, immediately upon notice in writing to the Professional, as consequence of the failure of Professional to perform the services contemplated by this Agreement in a timely or satisfactory manner; (4) By the SEDC, at will and without cause upon not less than thirty (30) days written notice to the Professional. Page 5 of 18 (B) If the SEDC terminates this Agreement pursuant to Section 5 or subsection 8(A)(2) or (3), above, the Professional shall not be entitled to any fees or reimbursable expenses other than the fees and reimbursable expenses then due and payable as of the time of termination and only then for those services that have been timely and adequately performed by the Professional considering the actual costs incurred by the Professional in performing work to date of termination, the value of the work that is nonetheless usable to the SEDC, the cost to the SEDC of employing another Professional to complete the work required and the time required to do so, and other factors that affect the value to the SEDC of the work performed at time of termination. In the event of termination that is not the fault of the Professional, the Professional shall be compensated for all basic, special, and additional services actually performed prior to termination, together with any reimbursable expenses then due. Section 9. Indemnification. Professional agrees to indemnify and hold the SEDC 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 OF THE TEXAS LOCAL GOVERNMENT CODE AS APPLICABLE. Section 10. Notices. Any notice required or desired to be given from one party to the other party to this Agreement shall be in writing and shall be given and shall be deemed to have been served and received (whether actually received or not) if (i) delivered in person to the address set forth below; (ii) deposited in an official depository under the regular care and custody of the United States Postal Service located within the confines of the United States of America and sent by certified mail, return receipt requested, and addressed to such party at the address hereinafter specified; or (iii) delivered to such party by courier receipted delivery. Either party may designate another address within the confines of the continental United States of America for notice, but until written notice of such change is actually received by the other party, the last address of such party designated for notice shall remain such party's address for notice. Section 11. No Assignment. Neither party shall have the right to assign that party's interest in this Agreement without the prior written consent of the other party. Section 12. Severability. If any term or provision of this Agreement is held to be illegal, invalid or unenforceable, the legality, validity or enforceability of the remaining terms or provisions of this Agreement shall not be affected thereby, and in lieu of each such illegal, invalid or unenforceable term or provision, there shall be added automatically to this Agreement a legal, valid or enforceable term or provision as similar as possible to the term or provision declared illegal, invalid or unenforceable. Section 13. Waiver. Either SEDC or the Professional shall have the right to waive any requirement contained in this Agreement that is intended for the waiving party's benefit, but, except as otherwise provided herein, such waiver shall be effective only if in writing executed by Page 6 of 18 the party for whose benefit such requirement is intended. No waiver of any breach or violation of any term of this Agreement shall be deemed or construed to constitute a waiver of any other breach or violation, whether concurrent or subsequent, and whether of the same or of a different type of breach or violation. Section 14. Governing Law; Venue. This Agreement and all of the transactions contemplated herein shall be governed by and construed in accordance with the laws of the State of Texas. The provisions and obligations of this Agreement are performable in Guadalupe County, Texas such that exclusive venue for any action arising out of this Agreement shall be in Guadalupe County, Texas. Section 15. Paragraph Headings; Construction. The paragraph headings contained in this Agreement are for convenience only and shall in no way enlarge or limit the scope or meaning of the various and several paragraphs hereof.. Both parties have participated in the negotiation and preparation of this Agreement and this Agreement shall not be construed either more or less strongly against or for either party. Section 16. Binding Effect. Except as limited herein, the terms and provisions of this Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, devisees, personal and legal representatives, successors and assigns. Section 17. Gender. Within this Agreement, words of any gender shall be held and construed to include any other gender, and words in the singular number shall be held and construed to include the plural, unless the context otherwise requires. Section 18. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, and all of which shall constitute but one and the same instrument. Section 19. Exhibits. All exhibits to this Agreement are incorporated herein by reference for all purposes wherever reference is made to the same. Section 20. Entire Agreement. It is understood and agreed that this Agreement contains the entire agreement between the parties and supersedes any and all prior agreements, arrangements or understandings between the parties relating to the subject matter. No oral understandings, statements, promises or inducements contrary to the terms of this Agreement exist. This Agreement cannot be changed or terminated orally. Section 21. Relationship of Parties. Nothing contained in this Agreement shall be deemed or construed by the parties hereto or by any third party to create the relationship of principal and agent or of partnership or of joint venture or of any association whatsoever between the parties, it being expressly understood and agreed that no provision contained in this Agreement nor any act or acts of the parties hereto shall be deemed to create any relationship between the parties other than the relationship of independent parties contracting with each other solely for the purpose of effecting the provisions of this Agreement. 23. Dispute Resolution. In accordance with the provisions of Subchapter I, Chapter 271, TEX. LOCAL Gov'T CODE, the parties agree that, prior to instituting any lawsuit or other proceeding arising from a dispute under this agreement, the parties will first attempt to resolve the dispute by taking the following steps: (1) A written notice substantially describing the nature of the dispute Page 7 of 18 shall be delivered by the dissatisfied party to the other party, which notice shall request a written response to be delivered to the dissatisfied party not less than 5 days after receipt of the notice of dispute. (2) If the response does not reasonably resolve the dispute, in the opinion of the dissatisfied parry, the dissatisfied party shall give notice to that effect to the other party whereupon each party shall appoint a person having authority over the activities of the respective parties who shall promptly meet, in person, in an effort to resolve the dispute. (3) If those persons cannot or do not resolve the dispute, then the parties shall each appoint a person from the highest tier of managerial responsibility within each respective party, who shall then promptly meet, in person, in an effort to resolve the dispute. 24. Disclosure of Business Relationships /Affiliations; Conflict of Interest Questionnaire. Professional represents that it is in compliance with the applicable filing and disclosure requirements of Chapter 176 of the Texas Local Government Code. EXECUTED on this the day of SEDC: By: Name: Kyle Kinateder Title: Executive Director ADDRESS FOR NOTICE: EDC: City of Schertz Economic Development Corporation Attn: Kyle Kinateder, Executive Director 1400 Schertz Parkway Schertz, Texas 78154 With a copy to: SEDC Attorney City of Schertz Economic Development Corporation Attn: Charles E. Zech 2517 N. Main Avenue San Antonio, Texas 78212 12015. PROFESSIONAL: By: Name: Title: PROFESSIONAL: Name Address City, State Zip Number Page 8 of 18 Exhibit "A" • • •� Location 1300 Schertz Parkway, Schertz, Texas 781.54 Survey Topographic survey of property to identify location of trees larger than 8- inches in diameter (inside and outside of existing garden wall), existing features such as the small retaining wall between this and adjacent properties, fences, pavement elevations on both sides of the retaining wall. Professional will establish an existing conditions map based on this survey data and information provided by the EDC, such as the boundary survey, tree survey, and metes and bounds. Construction Plans Professional shall meet with the SEDC for a pre - development meeting to discuss design options and details pertaining to the preparation of the construction documents. Professional shall prepare the following plans required by the City of Schertz for a Clearing and Grading Permit: • Existing site plan identifying existing features, etc. to also be used for future baseline for storm water /flood studies for future development. • Demolition plan to identify site demolition to include parking, driveway, walls, building, etc. • Erosion Control Plan • Tree Preservation and /or Mitigation Plan (approved per Parks Department) Professional will provide a set of technical specifications for the contractor, with an engineer's opinion of construction cost. The specification will address the demolition site and building. The SEDC will provide all bid forms and contract documents. Professional will provide documentation for a flood plain permit. Construction Services Professional will provide digital copies in PDF format to the SEDC for bidding of the project. Professional will provide one set of two benchmarks at the site for the contractor. Any additional . staking will be compensated hourly per the hourly rates attached. Page 9 of 18 It is anticipated that there will be a pre - construction meeting with the Contractor, SEDC, and City. Professional will attend a pre - construction meeting. For the duration of construction, anticipated to be I months for construction, a representative of Professional will make one site visit per month, to observe construction and note general conformance to the construction plans. This is not an inspection visit. At the conclusion of construction, Professional will accompany the City, Contractor, and SEDC on one final walkthrough of the project prior to acceptance by the City. All review and permit fees required by the City, County, or third parry reviewer will be the responsibility of the SEDC. Access to Site Unless otherwise stated, Ford Engineering will have access to the site for activities necessary for the performance of the services. Ford will take precautions to minimize damage due to these activities, but has not included in the fee the cost of any restoration of any resulting damage. Page 10 of 18 Exhibit "B" Fee Arrangement: $8,327.50 (see Project Work Plan and Fee Proposal Breakdown) This budget figure will not be exceeded without authorization from the SEDC. Should additional services within the original Scope be required, such services will be billed at the following hourly rates: • Principal $200.00 CADD • Tech: $ 85.00 • Senior Professional Engineer (P.E.): $165.00 • Survey Tech: $ 85.00 • Registered Professional Engineer (PE) $150.00 • 2 -Man Field Crew: $145.00 • Licensed State Land Surveyor $165.00 • 3- Man Field Crew: $165.00 • Registered Professional Land Surveyor (RPLS): $150.00 • 4 -Man Field Crew: $185.00 • Design Engineer (E.I.T.): $ 95.00 • Clerical: $ 65.00 Direct Project Expenses will be billed to Client as follows: • Additional Prints: $10.00 (large) $8.00 (small) • Federal Express, Property Research, Courier Services and Other Expenses: Amount of Invoice PLUS 15% Special Conditions: Client will be responsible for all fees in relation to, but not limited to, permit fees payable to the City of Schertz, Guadalupe County, and/or any other agency. Page 11 of 18 Project Work Plan and Fee Proposal Breakdown: Page 12 of 18 Exhibit "C" REQUIREMENTS FOR ALL INSURANCE DOCUMENTS The Professional shall comply with each and every condition contained herein. The Professional shall provide and maintain the minimum insurance coverage set forth below during the term of its agreement with the SEDC. Any Subcontractor(s) hired by the Professional shall maintain insurance coverage equal to that required of the Professional. It is the responsibility of the Professional to assure compliance with this provision. The City of Schertz Economic Development Corporation accepts no responsibility arising from the conduct, or lack of conduct, of the Subcontractor. INSTRUCTIONS FOR COMPLETION OF INSURANCE DOCUMENT With reference to the foregoing insurance requirements, Professional shall specifically endorse applicable insurance policies as follows: L The City of Schertz Economic Development Corporation shall be named as an additional insured with respect to General Liability and Automobile Liability on a separate endorsement. 2. A waiver of subrogation in favor of The City of Schertz Economic Development Corporation shall be contained in the Workers Compensation and all liability policies and must be provided on a separate endorsement. 3. All insurance policies shall be endorsed to the effect that The City of Schertz Economic Development Corporation will receive at least thirty (30) days written notice prior to cancellation or non - renewal of the insurance. 4. All insurance policies, which name The City of Schertz Economic Development Corporation as an additional insured, must be endorsed to read as primary and non- contributory coverage regardless of the application of other insurance. 5. Chapter 1811 of the Texas Insurance Code, Senate Bill 425 82(R) of 2011, states that the above endorsements cannot be on the certificate of insurance. Separate endorsements must be provided for each of the above. 6. All insurance policies shall be endorsed to require the insurer to immediately notify The City of Schertz Economic Development Corporation of any material change in the insurance coverage. 7. All liability policies shall contain no cross liability exclusions or insured versus insured restrictions. 8. Required limits may be satisfied by any combination of primary and umbrella liability insurances. 9. Professional may maintain reasonable and customary deductibles, subject to approval by The City of Schertz Economic Development Corporation. 10. Insurance must be purchased from insurers having a minimum AmBest rating of B +. 11. All insurance must be written on forms filed with and approved by the Texas Department of Insurance. (ACORD 25 2010/05). Coverage must be written on an occurrence form. 12. Contractual Liability must be maintained covering the Professionals obligations contained in the contract. Certificates of Insurance shall be prepared and executed by the insurance company or its authorized agent and shall contain provisions representing and Page 13 of 18 warranting all endorsements and insurance coverages according to requirements and instructions contained herein. 13. Upon request, Professional shall furnish The City of Schertz Economic Development Corporation with certified copies of all insurance policies. 14. A valid certificate of insurance verifying each of the coverages required above shall be issued directly to the City of Schertz Economic Development Corporation within ten (10) business days after contract award and prior to starting any work by the successful Professional's insurance agent of record or insurance company. Also, prior to the start of any work and at the same time that the Certificate of Insurance is issued and sent to the City of Schertz Economic Development Corporation, all required endorsements identified in sections A, B, C and D, above shall be sent to the City of Schertz Economic Development Corporation. The certificate of insurance and endorsements shall be sent to: City of Schertz Economic Development Corporation 1400 Schertz Parkway Emailed to: Pusiness� sschertzxom Schertz, TX 78154 Faxed to: 210 -619 -1079 Page 14 of 18 (Instructions for completing and submitting a certificate to the City of Sch ertz Econ om is Developm en t Corporation) Complete the certificate of insurance with the information listed below: A) Certificate of Insurance date B) Producer (Insurance Agency) Information — complete name, address, telephone information, & email address. C) Insured's (Insurance Policy Holder) Information — complete name & address information D) Insurer (name /names of insurance company) * *(Remember the SEDC requires all insurance companies to be Authorized to do business in the State of Texas be rated by A.M. Best with a rating of B+ (or better) Class VI (or higher) or otherwise be acceptable to the SEDC if not rated by A.M. Best) E) NAIC # (National Association of Insurance Commissioners, a # that is assigned by the State to all insurance companies) F) Insurer letter represents which insurance company provides which type of coverage from D G) General Liability Insurance Policy — must have an (x) in box. Also, "Occurrence" type policy — must have an (x) in the box (occurrence policy preferred but claims made policy can be accepted with special approval) H) This section shall be filled in with "Y" for yes under Additional Insured for all coverages, except for Professional Liability and Workers' Compensation. There shall also be a "Y" for yes under all coverages for subrogation waived. I) Automobile Liability Insurance — must be checked for Any Auto, All Owned Autos, Hired Autos J) Umbrella Coverage — must be checked in this section and by occurrence whenever it is required by written contract and in accordance with the contract value. K) Worker's Compensation and Employers Liability Insurance — information must be completed in this section of the certificate of insurance form (if applicable). L) Builder's Risk Policy — for construction projects as designated by the City of Schertz Economic Development Corporation. Professional Liability Coverage — for professional services if required by the City of Schertz Economic Development Corporation. M) Insurance Policy #'s N) Insurance policy effective dates (always check for current dates) O) Insurance Policy limits (See Insurance Requirements Checklist) P) This section is to list projects, dates of projects, or location of project. Endorsements to the insurance policy(ies) must be provided separately and not in this section. The following endorsements are required by the City of Schertz Economic Development Corporation. (1) Adding the City of Schertz Economic Development Corporation as an additional insured. The "additional insured" endorsement is not required for professional liability and workers compensation insurance; and (2) Waiver of Subrogation (3) Primary and Non - Contributory (4) Cancellation Notice Q) City of Schertz Economic Development Corporation's name and address information must be listed in this section R) Notice of cancellation, non - renewal, or material change to the insurance policy(ies) must be provided to the City of Schertz Economic Development Corporation in accordance with a cancellation notice endorsement to the policy and /or per the policy provisions based on the endorsement adding the SEDC as an additional insured. (Sec. 1811.155, Tex. Ins. Code) Page 16 of 18 S) The certificate must be signed by the Authorized Agent in this section of the certificate form. Page 17 of 18 Exhibit "D" Page 18 of 18