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12-08-2015 Agenda with backup City Council Agenda REGULAR SESSION CITY COUNCIL December 8, 2015, 6:00 P.M. HAL BALDWIN MUNICIPAL COMPLEX COUNCIL CHAMBERS 1400 SCHERTZ PARKWAY BUILDING #4 SCHERTZ, TEXAS 78154 12-08-2015 Council Agenda City of Schertz Core Values Do the right thing Do the best you can Treat others the way you would want to be treated Work together cooperatively as a team AGENDA TUESDAY, DECEMBER 8, 2015 AT 6:00 P.M. Call to Order – City Council Regular Session Opening Prayer and Pledges of Allegiance to the Flags of the United States and State of Texas. (Councilmember Azzoz) City Events and Announcements • Announcements of upcoming City Events (B. James/D. Wait/B. Cantu) • Announcements and recognitions by City Manager (J. Kessel) Presentation • 2ND Annual Awards presentation SCUCISD/Historical Preservation Committee Essay and Art Contest. (B. Dennis/R. Williams/D. Weirtz/J. Webb/B. Hall) Hearing of Residents This time is set aside for any person who wishes to address the City Council. Each person should fill out the speaker’s register prior to the meeting. Presentations should be limited to no more than 3 minutes. All remarks shall be addressed to the Council as a body, and not to any individual member thereof. Any person making personal, impertinent, or slanderous remarks while addressing the Council may be requested to leave the meeting. Discussion by the Council of any item not on the agenda shall be limited to statements of specific factual information given in response to any inquiry, a recitation of existing policy in response to an inquiry, and/or a proposal to place the item on a future agenda. The presiding officer, during the Hearing of Residents portion of the agenda, will call on those persons who have signed up to speak in the order they have registered. 12-08-2015 City Council Agenda Page - 2 - Workshops • Application for Landmark or Heritage Neighborhood Designation – Discussion and consideration and/or action approving a designation request for Landmark Property Designations for Aviation Heights, Schertz Texas. (B. James/P. Perez) • Discussion and presentation regarding Ordinance No. 15-M-41 adopting criminal and civil penalties for violating the City Charter. (C. Zech) • Discussion regarding the Schertz Chamber of Commerce Funding. (Item requested by Mayor Carpenter and Councilmember Azzoz) (Continuation from the November 17, 2015 Council meeting) Consent Agenda Items The Consent Agenda is considered self-explanatory and will be enacted by the Council with one motion. There will be no separate discussion of these items unless they are removed from the Consent Agenda upon the request of the Mayor or a Councilmember. 1. Minutes - Consideration and/or action regarding the approval of the minutes of the Regular Meeting of December 1, 2015. (J. Kessel/B. Dennis) 2. City of Schertz 2016 Master Calendar – Consideration and/or action regarding the approval of the City of Schertz 2016 Master Calendar. (J. Kessel/S. Gonzalez) 3. Scheduling a Regular Council meeting for December 15, 2015 and the Cancellation of the December 22, 2015 and December 29, 2015 City Council Meetings – Consideration and/or action scheduling a Regular Council meeting for December 15, 2015 and cancelling the December 22, 2015 and December 29, 2015 City Council meetings due to the holidays. (B. Dennis/Council) Discussion and Action items 4. Resolution No. 15-R-110 – Consideration and/or action approving a Resolution authorizing the City Manager to sign a contract for Mutual Aid in Fire Emergency Services between the City of Schertz and the Secretary of the Air Force for Mutual Aid with Randolph Air Force Base Fire Emergency Services. (D. Wait/D. Covington) 5. Resolution No. 15-R-48 – Consideration and/or action approving a Resolution creating a Committee of Committees Advisory Board. (B. Dennis/Mayor-Council) 6. Ordinance No. 15-M-52 – Consideration and/or action approving an Ordinance authorizing amended City Council Rules of Conduct and Procedure; providing for the treatment of absences; repealing all Ordinances or parts of Ordinances in conflict with this Ordinance; and providing an effective date. First Reading (Mayor/Council/C. Zech) 12-08-2015 City Council Agenda Page - 3 - Roll Call Vote Confirmation Requests and Announcements 7. Announcements by City Manager • Citizen Kudos • Recognition of City employee actions • New Departmental initiatives 8. 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. 9. Announcements by Mayor and Councilmembers • City and community events attended and to be attended • City Council Committee and Liaison Assignments (see assignments below) • Continuing education events attended and to be attended • Recognition of actions by City employees • Recognition of actions by community volunteers • Upcoming City Council agenda items Adjournment CERTIFICATION I, DONNA SCHMOEKEL, DEPUTY CITY SECRETARY OF THE CITY OF SCHERTZ, TEXAS, DO HEREBY CERTIFY THAT THE ABOVE AGENDA WAS PREPARED AND POSTED ON THE OFFICIAL BULLETIN BOARDS ON THIS THE 4th DAY OF DECEMBER 2015 AT 9:30 A.M., WHICH IS A PLACE READILY ACCESSIBLE TO THE PUBLIC AT ALL TIMES AND THAT SAID NOTICE WAS POSTED IN ACCORDANCE WITH CHAPTER 551, TEXAS GOVERNMENT CODE. Donna Schmoekel Donna Schmoekel, Deputy City Secretary I CERTIFY THAT THE ATTACHED NOTICE AND AGENDA OF ITEMS TO BE CONSIDERED BY THE CITY COUNCIL WAS REMOVED BY ME FROM THE OFFICIAL BULLETIN BOARD ON _____DAY OF _______________, 2015. ____________________________Title:__________________________ 12-08-2015 City Council Agenda Page - 4 - This facility is accessible in accordance with the Americans with Disabilities Act. Handicapped parking spaces are available. If you require special assistance or have a request for sign interpretative services or other services please call 210-619-1030. The City Council for the City of Schertz reserves the right to adjourn into executive session at any time during the course of this meeting to discuss any of the matters listed above, as authorized by the Texas Open Meetings Act. Executive Sessions Authorized: This agenda has been reviewed and approved by the City’s legal counsel and the presence of any subject in any Executive Session portion of the agenda constitutes a written interpretation of Texas Government Code Chapter 551 by legal counsel for the governmental body and constitutes an opinion by the attorney that the items discussed therein may be legally discussed in the closed portion of the meeting considering available opinions of a court of record and opinions of the Texas Attorney General known to the attorney. This provision has been added to this agenda with the intent to meet all elements necessary to satisfy Texas Government Code Chapter 551.144(c) and the meeting is conducted by all participants in reliance on this opinion. COUNCIL COMMITTEE AND LIAISON ASSIGNMENTS Mayor Carpenter Audit Committee Interview Committee for Boards and Commissions Investment Advisory Committee TIRZ II Board Mayor Pro-Tem Fowler – Place 1 Interview Committee for Boards and Commissions Schertz Housing Board Liaison Randolph Joint Land Use Study (JLUS) Executive Committee Schertz Seguin Local Government Corporation Councilmember Azzoz – Place 2 Animal Control Advisory Committee Sweetheart Advisory Committee Councilmember John – Place 3 Lone Star Rail District Councilmember Edwards – Place 4 Audit Committee Hal Baldwin Scholarship Committee Interview Committee for Boards and Commissions Cibolo Valley Local Government Corporation Councilmember Thompson Place 5 Audit Committee Investment Advisory Committee Agenda No. 1 CITY COUNCIL MEMORANDUM City Council Meeting: December 8, 2015 Department: City Secretary Subject: Minutes BACKGROUND The City Council held a Regular meeting on December 1, 2015. FISCAL IMPACT None RECOMMENDATION Staff recommends Council approve the minutes of the Regular meeting of December 1, 2015 ATTACHMENTS Minutes –Regular meeting of December 1, 2015. 12-01-2015 Minutes Page - 1 - MINUTES REGULAR MEETING December 1, 2015 A Regular Meeting was held by the Schertz City Council of the City of Schertz, Texas, on December 1, 2015, at 6:00 p.m., in the Hal Baldwin Municipal Complex Council Chambers, 1400 Schertz Parkway, Building #4, Schertz, Texas. The following members present to-wit: Mayor Michael Carpenter Mayor Pro-Tem Fowler Councilmember Grumpy Azzoz Councilmember Daryl John Councilmember Cedric Edwards Councilmember Robin Thompson Staff Present: City Manager John Kessel Executive Director Brian James Executive Director Dudley Wait Executive Director Bob Cantu City Attorney Daniel Santee City Secretary Brenda Dennis Call to Order – City Council Regular Session Mayor Carpenter called the meeting to order at 6:45 p.m. Opening Prayer and Pledges of Allegiance to the Flags of the United States and State of Texas. (Reverend Linda Montgomery, Schertz United Methodist Church) Reverend Linda Montgomery provided the opening prayer followed by the pledges of allegiance to the flags of the United States and the State of Texas. City Events and Announcements • Announcements of upcoming City Events (B. James/D. Wait/B. Cantu) Mayor Carpenter recognized Executive Director Dudley Wait who provided the following announcements: • Wednesday, December 2, Visions of Santa, 6:30pm – 8:30 pm Schertz Civic Center. Meet renowned artist Billy Keen for the unveiling of the 2015 Santa. A free exhibit featuring all of Billy Keen’s Santa art work will be on display M-F, 8-5 December 2nd through December 30th. • Thursday, December 3, Executive Staff Not in Office – Attending Team Building Retreat • 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. • Friday, December 4, Festival of Angels--Parade, Food, Beverages, Music, Family Fun, starts at 6:00-10:00 p.m. at the Hal Baldwin Municipal Complex 1400 Schertz Parkway. • Tuesday, December 8, City employee holiday luncheon, 11:00 a.m.-1:00 p.m. Schertz Civic Center Ballroom. 12-01-2015 Minutes Page - 2 - • Thursday, December 10, Schertz-Cibolo-Universal City ISD, Combined Community Advisory Meeting, 6-8 p.m., Meeting will be held in the SCUCISD Board Room. At this meeting they will have the annual demographer’s public report as well as an opportunity to provide feedback on upcoming changes to the 10-year Facility Master Plan and the 10- year Expenditure Projection Plan. The meeting will be held in the SCUCISD Board Room. Please contact the City Secretary if you are interested in attending. • Announcements and recognitions by City Manager (J. Kessel) Mayor Carpenter recognized City Manager John Kessel who stated he wanted to provide a shout out to Lt. Carl Schultz and Firefighter Patricio Wilson who were part of a crew who went up to the Hidden Pines Fire in Bastrop County. Mr. Kessel stated that since then State Representative John Cyrier sent a certificate to the Schertz Fire Department recognizing their great contributions, time, and services. Presentation • Presentation and update from the Alamo Area Council of Governments (AACOG) (B. James/Gloria Vasquez) Mayor Carpenter recognized AACOG Regional Services Director Gloria Vasquez who provided a Power Point presentation regarding meeting regional challenges and creating regional strengths. Some of the highlights included: Mission: To enhance the quality of life of all residents of the Alamo Region in partnership with elected and appointed officials, funders, community partners, and beneficiaries. Core Values: Performance with Integrity, Commitment to Excellence, Service before self, Culture of appreciation. Together we succeed. AACOG Programs: • Alamo Local Authority (Bexar County) (Provides the community services and supports for eligible adults and children with intellectual and developmental disabilities and their Families. • Alamo Regional Transit (Rural) (Are here to meet your transportation needs in the rural counties – Dispatch 1-866-899-7433 • Area Agencies on Aging – Alamo & Bexar – Dedicated to supporting residents 60 years and older • Air Quality/Natural Resources – Air quality technical projects; encourage participation to reduce pollution; air quality health alert • Public Safety – The Alamo Area Regional Law Enforcement Academy; Criminal Justice Planning, Homeland Security; Regional 911 • Regional Services – Economic & Community Development; Leadership Development • Resources Recovery – Solid Waste – Each year, AACOG provides Texas Commission on Environmental Quality (TCEQ) funding for local government projects including: Educational outreach efforts; household hazardous waste (HHW) collections; local illegal dumping enforcement; recycling, source reduction; solid waste studies. 12-01-2015 Minutes Page - 3 - • Weatherization Assistance – Caulking and sealing racks and holes; weather stripping of doors and windows, CFL’s, Repairing and/or replacing windows and exterior doors, insulating attics and walls – Program is designed to help low-income households to overcome the high cost of energy, by installing energy conservation measures. Lastly, AACOG Service area: 12,582 Square miles – region population over 2 million. Ms. Vasquez addressed questions from Council. Mayor and Council thanked Ms. Vasquez for the update. Hearing of Residents This time is set aside for any person who wishes to address the City Council. Each person should fill out the speaker’s register prior to the meeting. Presentations should be limited to no more than 3 minutes. All remarks shall be addressed to the Council as a body, and not to any individual member thereof. Any person making personal, impertinent, or slanderous remarks while addressing the Council may be requested to leave the meeting. Discussion by the Council of any item not on the agenda shall be limited to statements of specific factual information given in response to any inquiry, a recitation of existing policy in response to an inquiry, and/or a proposal to place the item on a future agenda. The presiding officer, during the Hearing of Residents portion of the agenda, will call on those persons who have signed up to speak in the order they have registered. Mayor Carpenter recognized the following who spoke: • Mrs. Maggie Titterington, Schertz Chamber President who provided an update regarding the Chambers past and upcoming Chamber events. Workshops Mayor Carpenter moved to the workshop discussion regarding the Schertz Chamber of Commerce Funding. • Discussion regarding the Schertz Chamber of Commerce Funding. (Item requested by Mayor Carpenter and Councilmember Azzoz) (Continuation from the November 17, 2015 Council meeting) Mayor Carpenter recognized Councilmember Azzoz who asked that they postpone discussion of this item until next week as they had just received additional information and he has not had time to review it. • 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) 12-01-2015 Minutes Page - 4 - Mayor Carpenter stated that in light of the passage of the proposed changes to the charter by the voters at the most recent city election the council should discuss how to proceed with one of those changes which is excusing absences of Councilmembers and set procedures. After much discussion, Council requested that if a member of Council is going to be absent (from regular meetings of Council as defined on our master calendar) that they notify the City Secretary or Mayor by email (so there is a written record) or a phone call to both and we can put something in the record that reflects the notification of absence and the reason for the absence. The minutes of that meeting will reflect those present and absent, and by Council approving those minutes, they excuse the absence of that Councilmember that was noted as being absent and if there were any objections to the absence then it could be brought up and put on a future agenda item for debate. Council asked the City Attorney to draft some language covering the procedures for Council to follow in providing notice that they will not be at a Council meeting. • Discussion regarding Pay Day Loans. (Item requested by Councilmember Thompson) (B. James) Mayor Carpenter recognized Executive Director Brian James who stated earlier this year Councilman Thompson requested a work session item to discuss how cities are regulating payday lenders. In August of 2015 a story appeared in the San Antonio Business Journal indicating that a number of payday lenders were closing their San Antonio locations as a result of San Antonio’s more stringent regulations on payday lenders. This could lead to payday lenders moving to nearby cities without regulations. In September 2012, San Antonio passed an ordinance that went into effect on January 1, 2013. • Ordinance 2012-09-20-0379 addresses the registration and oversight of credit access businesses (CAB) that provide payday loans and/or auto title loans to consumers. San Antonio’s Finance Department administers the program. The Ordinance: • requires CABs to register with the City ($50 fee); • limits payday loans to 20% of the borrower’s gross monthly income; • limits auto title loans to the lesser of 3% of the borrower’s gross monthly income or 70% of the vehicle value; • limits loans to no more than 4 installments or 3 rollovers (a rollover is an extension of consumer credit within 7 days of the previous extension of credit); • requires that proceeds from each installment or renewal reduces the loan principal by 25%; • requires that each contract be written in a language the borrower can understand or that it be read to any borrower who cannot read; • requires the lender provide the borrower a form created by the city which references non-profit agencies that provide financial education and assistance programs. • The Texas Municipal League (TML) has provided a sample ordinance that is very similar to San Antonio’s. • Over 25 cities have passed ordinances regulating payday lenders including Austin, Balcones Heights, Dallas, Houston, San Antonio, Seguin, and Universal City. 12-01-2015 Minutes Page - 5 - • The Waco City Council has recently been urged by some residents to regulate payday lenders. • The State legislature has considered regulations for CABs in the past but has not passed overarching regulations. Ongoing Litigation • Litigation is currently pending regarding municipal regulations of payday lending facilities in a number of cities, including San Antonio. • An internet search indicates there are two payday lenders operating in Schertz: Ace Cash Express and Advance America, both located at FM 3009 and IH-35. Mr. James stated that the recommendation from staff is to continue to monitor this and to provide council with continued updates. Members of Council asked staff to do a bit more research, try to get copies of contracts from local payday lenders, contact Randolph, talk to COSA about a process of enforcement, etc., and come back to Council with another work session item in January. • Discussion regarding setting dates for the December City Council meetings due to the holidays. Mayor Carpenter recognized City Secretary Brenda Dennis who stated that since the City has published a notification for public hearing to occur on December 15, 2015, she recommends Council hold a regular meeting on that date and as has been practice in the past, that Council consider cancelling the December 22nd, and December 29th meetings due to the holidays. Council concurred and requested an item be placed on the next agenda for approval. 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 17, 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) 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. 12-01-2015 Minutes Page - 6 - 3. Ordinance No. 15-M-41 – Consideration and/or action approving an Ordinance adopting criminal penalties for violation of the City Charter. Final Reading (B. Dennis/C. Zech) 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 Councilmember Edwards who moved, seconded by Councilmember John to approve consent agenda items 1, 2, and 3. Mayor Carpenter recognized Mayor Pro-Tem Fowler who stated he had a comment that leads him to want to see Council also take action to codify some language in Item No. 3 for clarity. More discussion continued by Mayor and Council. City Secretary Brenda Dennis reminded Council that this was a consent item and if they wanted to continue discussion it should be pulled from the consent section. Councilmember Edwards withdrew his motion and Mayor Carpenter pulled Item 3 for separate discussion. 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 3. Ordinance No. 15-M-41 – Consideration and/or action approving an Ordinance adopting criminal penalties for violation of the City Charter. Final Reading (B. Dennis/C. Zech) 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 returned to Item 3 and accepted further discussion by council. Mayor Pro- Tem Fowler’s concern was if someone is found in violation of the charter and it is a criminal situation, does that mean it goes to a court to be resolved? City Attorney Daniel Santee stated it depended on the type of charge and if it violates state law as well as the charter provisions; then, of course it would be more serious. Mayor Pro-Tem Fowler restated his original concern that the language in the charter says ‘any’ or ‘anything’ could become a criminal offense. He assumes council would have to do an internal investigation first, which would mean going into an executive session. He thinks this terminology needs to be clearer. Councilmember Edwards suggested Charter Review Commission Member Bert Crawford, who was in the audience, might be able to come forward and shed some light on what the committee’s intent was with this section. Mr. Crawford stated from what he recalls, the 12-01-2015 Minutes Page - 7 - committee mostly followed very closely in accordance with what the Texas Local Government Code said for any kind of resolution. He believes they agreed on ‘no executive session’ because if a charge was made against a councilman, it should be in a public forum. They used the Texas Local Government Code as their guideline. Councilman Azzoz asked City Attorney Daniel Santee if it was true that they (council) could not make any change to what the voters passed. He confirmed that as true. He said he believes what the discussion here is about is whether or not council can do anything to further clarify what you believe the intent was. Mayor Carpenter stated that passing this tonight is ministerial; we must do this by state law. We need to do that this evening and then have something put on a future agenda for discussion and have City Attorney Charles Zech walk them through both his recollection and from his notes of the Charter Commission meetings and how he would see this all play out. From what he has read it appears to him there is a section that says there is one that would be dealt with by a court (as to a criminal penalty) and a civil penalty that would be dealt with by the council (2/3 vote by city council). Mayor Carpenter recognized Councilmember Edwards who moved, seconded by Mayor Pro- Tem Fowler to approve Ordinance No. 15-M-41 final 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. 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) The following was read into record: 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. Mayor Carpenter stated that staff recommends splitting the 68 votes equally among the following candidates: • Wade Cleary • Dan Kruegar • John Kuntz • Randy Maschek • Nancy Pappas • Dennis Rather Council Concurred. Mayor Carpenter recognized Councilmember Azzoz who moved, seconded by Mayor Pro- Tem Fowler to approve Resolution No. 15-R-100 splitting their 68 votes equally among the 12-01-2015 Minutes Page - 8 - six candidates. The vote was unanimous with Mayor Pro-Tem Fowler, Councilmembers Azzoz, John, Edwards and Thompson voting for and no one voting no. Motion passed. 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) The following was read into record: 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. Mayor Carpenter mentioned that the City has 276 votes which they can split among the five candidates or cast all votes toward one. Councilmember Edwards stated that Mr. Edward Finley has been doing a great job for the School district and recommends casting all the votes toward him. Council concurred to cast all 276 votes to Mr. Edward L. Finley, Jr. Mayor Carpenter recognized Councilmember Edwards who moved, seconded by Councilmember Thompson to approve Resolution No. 15-R-101 casting all 276 votes for Mr. Edward L. Finley, Jr. 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. 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) The following was read into record: 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. Mayor Carpenter stated that staff’s recommendation is to cast the cities 2 votes to Sergio “Chico” Rodriguez, Council concurred. Mayor Carpenter recognized Councilmember Azzoz who moved, seconded by Mayor Pro- Tem Fowler to approve Resolution No. 15-R-102 casting the cities 2 votes for Sergio “Chico” Rodriquez. The vote was unanimous with Mayor Pro-Tem Fowler, Councilmembers Azzoz, John, Edwards and Thompson voting for and no one voting no. Motion passed. 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) 12-01-2015 Minutes Page - 9 - The following was read into record: 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 Mayor Carpenter recognized City Engineer Kathy Woodlee who stated 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. She stated 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. 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. 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 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. Mayor Carpenter recognized Councilmember Azzoz who moved, seconded by Councilmember Edwards to approve Resolution No. 15-R-107. The vote was unanimous with Mayor Pro-Tem Fowler, Councilmembers Azzoz, John, Edwards and Thompson voting for and no one voting no. Motion passed. 12-01-2015 Minutes Page - 10 - 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) The following was read into record: 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 Mayor Carpenter recognized Public Works Project Manager Cindy Raleigh who stated 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) 12-01-2015 Minutes Page - 11 - Legal $500 Advertising $500 Other Prof. Services $1,000 Construction Contingency $21,643 Project Total $500,000 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. Staff recommends Council approve hiring Ford Engineering, Inc. to engineer and design the Northcliffe Phase III Waterline Replacement for a cost of $67,143. Mayor Carpenter recognized Councilmember Edwards who moved, seconded by Mayor Pro- Tem Fowler to approve Resolution No. 15-R-108. The vote was unanimous with Mayor Pro-Tem Fowler, Councilmembers Azzoz, John, Edwards and Thompson voting for and no one voting no. Motion passed. 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) The following was read into record: RESOLUTION NO. 15-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 Mayor Carpenter recognized EDC Director Kyle Kinateder who stated the goal here is 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. 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 12-01-2015 Minutes Page - 12 - 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. 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. Staff recommends council 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. The PSA with Ford Engineering will not exceed $8,327.50 plus Direct Project Expenses. 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. Mayor Carpenter recognized Councilmember Edwards who moved, seconded by Councilmember John to approve Resolution No. 15-R-93. 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. 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 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. Mayor Carpenter requested City Attorney Charles Zech provide Council a presentation and discussion on the new charter provisions and criminal and civil penalties for violations of the city charter so that council has some clarity on these items. 12-01-2015 Minutes Page - 13 - Councilmember Edwards asked about the Chamber information and Mayor Carpenter stated they can also take that up at the next council meeting. 12. Announcements by Mayor and Councilmembers • City and community events attended and to be attended • City Council Committee and Liaison Assignments (see assignments below) • Continuing education events attended and to be attended • Recognition of actions by City employees • Recognition of actions by community volunteers • Upcoming City Council agenda items Mayor Carpenter recognized Mayor Pro-Tem Fowler who stated he attended the following: • Tuesday, December 1, Ribbon Cutting for four different local medical groups. Mayor Carpenter recognized Councilmember Azzoz who stated he attended the following: • Monday, November 23, 16th Annual Thanksgiving Meal Drive serving 5,801 individuals this year. Mayor Carpenter recognized Councilmember Edwards who stated he saw on the news the other day that Jeff from Roadrunner Towing had a big event (Toys for Tots) at Councilmember John’s place on Sunday. Good Job. He also said the reception held for the elected officials at the Blue Bonnet Palace was a good one. He thanked Councilmember John. Mayor Carpenter recognized Councilmember Thompson who stated he attended the following: • Thursday, November 26, Schertz Turkey Trot 5K run/walk, held at the Bluebonnet Parking Lot. Adjournment Mayor Carpenter adjourned the meeting at 8:32 p.m. __________________________ Michael Carpenter, Mayor ATTEST: __________________________________ Brenda Dennis, City Secretary Agenda No. 2 CITY COUNCIL MEMORANDUM City Council Meeting: December 8, 2015 Department: City Manager Subject: 2016 Master Calendar ________________________________________________________________________ BACKGROUND: Each year staff drafts a Master Calendar that serves as a planning tool for the upcoming year. Council recently approved a change to the frequency that City Council meetings are held; meetings are now on the 1st, 2nd and 4th Tuesdays of the month. On a quarterly basis, for the 3rd Tuesday of the month (February 16th, May 17th, and August 16th), Council approved conducting a “Council on the Go” town-hall type meeting, with locations to be held at various sites throughout the City. All above changes are reflected on the 2016 Master Calendar. FISCAL IMPACT: None RECOMMENDATION: Staff recommends Council approval of the Master Calendar with the following considerations: • Cancel the October 4, 2016 Council Meeting due to Texas National Night Out • Cancel the November 22nd and 29th Council Meetings due to the Thanksgiving Holiday • Cancel the December 27th Council Meeting due to December Holidays • Due to the holidays, instead of a 4th Quarter “Council on the Go” town-hall meeting, schedule regular City Council meetings on the 3rd Tuesday of November (November 15th) and December (December 20th) ATTACHMENTS: City of Schertz Master Calendar 2016 2016 Council/Boards/Commissions Calendar DRAFT S T W F S S T F S 1 New Years Day (office closed) 1 2 2 5 6 8 Chinese New Year (Year of the Monkey) 8 Elvis' Birthday 3 5 6 8 9 7 9 12 13 10 Ash Wednesday 18 MLK Holiday (office closed)10 12 13 15 16 14 16 19 20 11 Trail Rider Lunch 23 Selma-Schertz 5K Run 17 19 20 22 23 21 23 26 27 14 Valentines Day 24 26 27 29 30 28 15 Presidents Day Holiday (office closed) 31 2 Texas Independence Day 5 Wilenchik Walk for Life 13 Daylight Savings Begins S M T W F S S T F S 14-18 SCUCISD Spring Break 1 2 4 5 1 2 9 Jazz N' Blues in the Park 14-18 East Central ISD Spring Break 6 8 9 11 12 3 5 8 9 14 Community Volunteer Fair 14-18 Comal ISD Spring Break 13 15 16 18 19 10 12 15 16 14-24 Fiesta Weeks 17 St. Patrick's Day 20 22 23 25 26 17 19 22 23 22-30 Passover 18 Employee Remembrance Day 27 29 30 24 26 29 30 20 Spring Begins 20 Palm Sunday 25 Good Friday 27 Easter S T W F S S T F S 5 Schertz Sweetheart Coronation 1 3 4 6 7 3 4 7 June - 7 July Ramadan 8 Mother's Day 8 10 11 13 14 5 7 10 11 14 Flag Day 18 George Strait's Birthday 15 17 18 20 21 12 14 17 18 19 Father's Day 21 Armed Forces Day 22 24 25 27 28 19 21 24 25 20 Summer Begins 30 Memorial Day Holiday (office closed)29 31 26 28 S T W F S S T F S 3-4 Schertz 4th of July Jubilee 1 2 2 5 6 4 Independence Day (office closed)3 5 6 8 9 7 9 12 13 10 12 13 15 16 14 16 19 20 17 19 20 22 23 21 23 26 27 24 26 27 29 30 28 30 31 S T W F S S T F S 2-4 Rosh Hashanah 5 Labor Day Holiday (office closed)2 3 1 4 Texas National Night Out 11 Patriot Day 4 6 7 9 10 2 4 7 8 4-7 Annual TML Conf. - Austin 16-17 SchertzFest 11 13 14 16 17 9 11 14 15 6-9 Guadalupe County Fair 21-25 Comal County Fair 18 20 21 23 24 16 18 21 22 10 Columbus Day (office closed) 22 Autumn Begins 25 27 28 30 23 25 28 29 11-12 Yom Kippur 30 31 Halloween, Trunk or Treat S T W F S S T F S 1 Election Day 1 2 4 5 2 3 2 Schertz Festival of Angels 4 Hal Baldwin Golf Tournament 6 8 9 11 12 4 6 9 10 21 Winter Begins 6 Daylight Savings Time Ends 13 15 16 18 19 11 13 16 17 24 Dec. -1 Jan. Chanukah 11 Veterans Day (office closed)20 22 23 25 26 18 20 23 24 25 Christmas Day (office closed 12/26) 24 Thanksgiving (offices closed Nov. 24 & 25)27 29 30 25 27 30 31 26 Dec. - 1 Jan. Kwanzaa31 New Years Eve SCUCISD Holidays are in red Council Meeting P&Z Comm Trans Safety Adv Comm Town Hall Council Meeting Library Adv Bd Board of Adjustments City Holidays (office closed)Econ Dev Corp Parks & Recreation Adv Board SSLGC Meeting CVLGC Historical Preservation Comm ***Dates are subject to change. Check www.schertz.com for updated information*** JULY AUGUST 1511 18 M 30 14 21 City of Schertz Master Calendar 2016 FEBRUARYJANUARY APRILMARCH M 3 T 18 SEPTEMBER 4 8 47 MAY M 9 T 17 24 M 1 11 18 21 29 15 2 M M 19 612 5 T 8 31 1 M 16 13 26 14 7 22 5 OCTOBER M T 18 11 4 M 7 M 21 14 10 19 12 DECEMBER 26 3 T 10 3 NOVEMBER 31 19 5 M 24 12 17 21 29 13 W 17 10 T 10 14 7 15 22 15 8 1 W 24 27 20 25 24 17 10 3 W 6 29 22 W 4 JUNE 2 T 1 8 14 7 T 30 25 18 11 23 16 9 14 7 13 W 26 19 12 29 6 28 21 3 T 1 T 31 20 29 20 5 W 8 T 11 4 T 25 22 28 21 28 27 23 17 28 25 27 25 22 26 24 28 23 2 28 15 2016 Council/Boards/Commissions DRAFT City Council Meetings Day: 1st, 2nd and 4th Tuesdays of the month Time: 6:00 pm Location: Council Chambers NOTE: On the 3rd Tuesday of the following months, Council will hold “Council on the Go” meetings (locations TBD): February 16th, May 17th, August 16th Board of Adjustments Day: 4th Monday of the month Time: 6:00 pm Location: Council Chambers NOTE: During the following months, BOA will meet on the following date: December 19th (the 3rd Monday) Economic Development Corporation Day: 4th Thursday of the month Time: 6:00 pm Location: Council Chambers Conference Room NOTE: During the following months, EDC will meet on the following date: November 17th (the 3rd Thursday) December 15th (the 3rd Thursday) Library Advisory Board Day: 1st Monday of the month Time: 7:00 pm Location: Library - Meeting Room 1 NOTE: There will be no meeting in July During September, the Library Board will meet on the following date: September 12th (the 2nd Monday) Parks & Recreation Advisory Board Day: 4th Monday of the month Time: 5:30 pm Location: Bob Andrews Conference Room NOTE: As of right now there will be no meeting in December Planning and Zoning Day: 2nd and 4th Wednesdays of the month Time: 6:00 pm Location: Council Chambers NOTE: During November and December, P&Z only meets once a month: November 16th (the 3rd Wednesday) December 14th (the 2nd Wednesday) Transportation Safety Advisory Commission Day: 1st Thursday of the month Time: 5:30 pm Location: Council Chambers Conference Room NOTE: There will be no meeting in July or December Historical Preservation Committee Day: Quarterly on the 4th Thursday of the month: January 28th, April 28th, July 28th and October 27th Time: 6:30 pm Location: Bob Andrews Conference Room Schertz-Seguin Local Government Corporation Day: 3rd Thursday of the month Time: 1:30 pm Location: SSLGC Admin. Office Building – 108 W. Mountain Street, Seguin TX 78155 Cibolo Valley Local Government Corporation Day: 4th Thursday of the month Time: 9:00 am Location: Alternates between Schertz & Cibolo – contact Regina Franke rfranke@seguintexas.gov NOTE: As of now, there will not be a November meeting (Nov. 24th), as it falls on a City holiday There will be no meeting in December Agenda No. 3 CITY COUNCIL MEMORANDUM City Council Meeting: December 8, 2015 Department: Administration Subject: Scheduling a regular Council meeting for December 15, 2015 and the Cancellation of the December 22, 2015 and December 29, 2015 Council meetings BACKGROUND At the Council meeting of December 1, 2015, Council discussed having a regularly scheduled meeting on December 15, 2015, due to public notices being published and discussed cancelling the December 22, 2015 and December 29, 2015 meetings due to the upcoming holidays. FISCAL IMPACT None RECOMMENDATION Staff recommends Council approve scheduling a regular meeting for December 15, 2015 and cancelling the December 22, 2015 and December 29, 2015 meetings. Agenda No. 4 CITY COUNCIL MEMORANDUM City Council Meeting: December 8, 2015 Department: Fire Subject: Resolution No. 15-R-110– A Resolution by the City Council of the City of Schertz, Texas authorizing the City Manager to enter into an agreement for mutual aid for fire emergency services with the Secretary of Air Force, specifically for Joint Base San Antonio – Randolph. BACKGROUND The Schertz Fire Department is charged with the responsibility of regional fire suppression, protection and prevention. The Fire Department does not have the means to effectively remediate certain emergency situations without the assistance of outside agencies. Suburban Fire Departments typically enter into mutual aid agreements with each other for that purpose. During structure fires or other emergencies that exceed the capacity of a single fire department, surrounding fire departments mutually respond to assist the requesting department. Mutual aid agreements include clauses that protect the respective cities for committing resources outside their boundaries when such would be detrimental to those cities. The obligation to respond is always contingent upon the ability to maintain adequate protection at home. Joint Base San Antonio – Randolph employs a well-trained cadre of firefighters on base for aircraft emergencies as well as structural responses. Schertz Fire has enjoyed a mutually beneficial relationship with the military firefighters, training with them regularly. We have assisted them each year with their air show emergency stand-by and response, and they have assisted us on fires in our city. Community Benefit It is not feasible for fire departments to maintain the amount of staffing necessary to combat a typical house fire. Therefore, most suburban fire departments provide adequate manpower for the initial fire attack and rely on mutual aid partners for additional help when needed. Mutual aid is an efficient use of equipment and manpower when an emergency exceeds the capability of everyday staffing.. FISCAL IMPACT There is no fiscal impact. RECOMMENDATION The City recommends Council approval of Resolution 15-R-110 to authorize the City Manager to enter into a the mutual aid agreement between the City of Schertz and Joint Base San Antonio – Randolph for Fire Emergency Services. ATTACHMENTS Resolution 15-R-110 Mutual Aid Contract RESOLUTION NO. 15-R-110 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING THE CITY MANAGER TO SIGN A CONTRACT FOR MUTUAL AID IN FIRE EMERGENCY SERVICES BETWEEN THE CITY OF SCHERTZ AND THE SECRETARY OF THE AIR FORCE FOR MUTUAL AID WITH JOINT BASE SAN ANTONIO – RANDOLPH FIRE EMERGENCY SERVICES; AND OTHER MATTERS IN CONNECTION THEREWITH WHEREAS, the Schertz Fire Department is charged with the responsibility of regional fire suppression, protection, and prevention; and WHEREAS, in order to fulfill its mandated responsibility as set forth above, the City has identified a need to enter into mutual aid agreements with surrounding jurisdictions, including Joint Base San Antonio – Randolph; and WHEREAS, the City Emergency Services and Joint Base San Antonio – Randolph Emergency Services have enjoyed a long and mutually beneficial relationship; and WHEREAS, this Mutual Aid Agreement is for a period of five years, thereafter renewable annually for a total period of twenty years; NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS THAT: Section 1. The City Manager is hereby authorized to enter into agreement with the Secretary of the Air Force to mutually provide fire emergency services as set forth in Attachment 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. - 2 - 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 8th day of December 2015. CITY OF SCHERTZ, TEXAS Michael R. Carpenter, Mayor ATTEST: Brenda Dennis, City Secretary (CITY SEAL) MUTUAL AID IN FIRE EMERGENCY SERVICES This Mutual Aid Agreement (the "Agreement"), is made and entered into this .ll day of Aug 2015, between the Secretary of the Air Force (the "Air Force") acting by and through the Commander 502 ABW pursuant to the authority of 42 U.S.C. § l 856a and the Fire Department of Schertz the "Schertz Fire Department". Together the Air Force and Schertz Fire Department are hereinafter referred to as the "Parties". WITNESSETH: WHEREAS, each of the Parties hereto maintains-equipment and personnel for the suppression of fires and the management of other emergency incidents occurring within areas under their respective jurisdictions; and WHEREAS, as set forth in 42 U.S.C. § 1856 the term 'fire protection' includes personal services and equipment required for fire prevention, the protection of life and property from fire, fire fighting, and emergency services, including basic medical support, basic and advanced life support, hazardous material containment and confinement, and special rescue incidents involving vehicular and water mishaps, and trench, building, and confined space extractions; and WHEREAS, the Parties hereto desire to augment the fire protection capabilities available in their respective jurisdictions by entering into this Agreement. NOW, THEREFORE, in consideration of the mutual covenants, obligations and agreements herein established, the Parties hereby agree as follows: a . The authority to enter into this Agreement is set forth in 42 U .S.C. § 1856a, and Title 15 United States Code Section 2210, the regulations implementing same at Title 44 Code of Federal Regulations Part 151 Emergency Management and Assistance and Air Force Instruction 32-2001, Fire Emergency Services Program. b. This Agreement will serve as the agreement between the Parties for securing to each mutual aid in fire protection services as defined above. c. On request to a representative of the 502 ABW fire department by a representative of the Schertz Fire Department, fire protection equipment and personnel of the 502 ABW fire department will be dispatched to any point within the area for which the Schertz Fire Department normally provides fire protection services as designated by the representatives of the Schertz Fire Department. d. On request to a representative of the Schertz Fire Department by a representative of the 502 AB W fire department, fire protection equipment and personnel of the Schertz Fire Department will be dispatched to any point within the jurisdiction of the 502 ABW as designated by the representative of the 502 ABW fire department. e . Any dispatch of equipment and personnel by the Patiies pursuant to this Agreement is subject to the following conditions: (1) Any request for aid hereunder will include a statement of the amount and type of equipment and personnel requested and will specify the location to which the equipment and personnel are to be dispatched, but the amount and type of equipment and the number of personnel to be furnished will be determined by the responding organization. The requesting organization will ensure access to site for the responding organization. (2) The responding organization will report to the officer in charge of the requesting organization at the location to which the equipment is dispatched, and will be subject to the orders of that official. (3) The responding organization will be released by the requesting organization when the services of the responding organization are no longer required or when the responding organization is needed within the area for which it normally provides fire protection. ( 4). Hazardous Materials incident response will include the response to, and control and containment of any release or suspected release of any material suspected to be or known to be hazardous. Where the properties of a released material are not known, it will be considered hazardous until proven otherwise by the requesting organization using all technical resources available. Cleanup and removal of contained hazardous materials will be the responsibility of the requesting organization. (5). In the event of a crash of an aircraft owned or operated by the United States or military aircraft of any foreign nation within the area for which the Schertz Fire Department normally provides fire protection services, the chief of the 502 ABW fire department or his or her representative may assume full command on arrival at the scene of the crash. (6) Where local agencies do not assign an incident safety officer, an Air Force representative will be assigned to act as the incident safety officer for 502 ABW to observe Air Force operations. f. Each Party hereby agrees that its intent with respect to the rendering of assistance to the other Party under this Agreement is not to seek reimbursement from the Party requesting such assistance. Notwithstanding the above, the Paiiies hereby recognize that pursuant to the Section 11 of the Federal Fire Prevention and Control Act of 1974 (15 U .S.C. § 2210) and Federal regulations issued there under ( 44 CFR Part 151 ), Schertz Fire Department is permitted to seek reimbursement for all or any part of its direct expenses and losses (defined as additional fire fighting costs over normal operational costs) incurred in fighting fires on property under the jurisdiction of the United States. Furthermore, under the authority of 42 U .S.C. § l 856a, and pursuant to any applicable state or local law each Party hereby reserves the right to seek reimbursement from the other for all or any part of the costs (defined as additional fire fighting costs over normal operational costs) incurred by it in providing fire protection services to the other Party in response to a request for assistance. g. Both Parties agree to implement the National Incident Management System during all emergency responses on and off installations in accordance with National Fire Protection Association (NFP A) Standard 1561. h. Each Party waives all claims against the other Party for compensation for any loss, damage, personal injury, or death occurring as a consequence of the performance of this Agreement. This provision does not waive any right of reimbursement pursuant to paragraph f. i. All equipment used by Schertz Fire Department in carrying out this Agreement will, at the time of action hereunder, be owned by it; and all personnel acting for Schertz Fire Department under this Agreement will, at the time of such action, be an employee or volunteer member of Schertz Fire Department. j. The rendering of assistance under the terms of this Agreement will not be mandatory; however, the Party receiving a request for assistance will endeavor to immediately inform the requesting Party if the requested assistance cannot be provided and, if assistance can be provided, the quantity of such resources as may be dispatched in response to such request. k. Neither Paiiy will hold the other Party liable or at fault for failing to respond to any request for assistance or for failing to respond to such a request in a timely manner or with less than optimum equipment and/or personnel, it being the understanding of the Parties that each is primarily and ultimately responsible for the provision of fire protection services needed within their own jurisdictions. I. Should a dispute arise between the Parties under or related to this Agreement, the Parties agree that within 30 days after notice of the dispute from one Party to the other, the Parties will attempt to resolve the dispute through negotiations. If such negotiations reach an impasse, the Parties agree that within 60 days after Notice of an impasse, they will attempt to resolve the matter through any method or combination of non-binding alternative dispute resolution (ADR) methods available under the Administrative Dispute Resolution Act of 1996, Pub. L. No. 104-320 (codified at 5 U.S.C. §§ 571- 5 83 ). The cost of any third patiy neutral will be divided equally between the Parties, and the selection of any third party neutral will be by agreement of the Parties. If such ADR proceeding does not result in resolution of the dispute, the Parties may separately pursue any remedy available to a Party under the law. However, both Parties agree that the initiation of formal litigation does not preclude further attempts at resolving the dispute through alternative dispute resolution methods. Both Parties agree that the terms of this clause will be considered the "Administrative Remedies" that must be exhausted, prior to institution of any formal litigation. m. All notices, requests, demands, and other communications which may or are required to be delivered hereunder will be in writing and will be delivered by messenger, by a nationally-recognized overnight mail delivery service or by certified mail, return receipt requested, at the following addresses: For the Air Force: 502 ABW c/o Commander 2080 Wilson Rd Joint Base San Antonio-Fort Sam Houston, Texas 78234-7680 And: Department of the Air Force AFCEC/CXF 139 Barnes Dr, Suite 1 Tyndall AFB FL 32403-5319 And: 502 ABW c/o Fire Chief 1910 Kenly A venue Joint Base San Antonio-Lackland, Texas 78236 For Schertz Fire Depa11ment Sche1iz Fire Department "attention to" Fire Chief 1400 Schertz Parkway Sche1iz Texas, 78154 TERMS OF THE AGREEMENT n. This Agreement will become effective on the date of the last signature to the Agreement and will remain in effect for 5 years 31 Aug 2015 from that date (the "Term") and automatically renews annually for a term of 20 years. Either Party may unilaterally terminate this Agreement during the Term by sending notification of its intent to terminate to the other Party at least one hundred and eighty (180) days in advance of the proposed date of termination. Such notification will be in the form of a written submission to the other Party. o. Upon becoming effective, this Agreement will supersede and cancel all previous agreements between the Parties concerning the rendering of assistance from one to the other for the purposes stated in this Agreement. p. The modification or amendment of this Agreement, or any of the provisions of this Agreement, will not become effective unless executed in writing by both Parties. q. This Agreement may be executed in one or more counterparts, each of which will be deemed an original. IN WITNESS WHEREOF, The Pa1iies have caused this Agreement to be executed by their duly authorized representatives on the dates shown below: THE UNITED ST A TES OF AMERICA by the Secretary of the Air Force By~a~ ROBERTD.LABRUTT A Brigadier General, USAF Commander Date: !f o/l~ FIRE DEPARTMENT for Sche1iz Fire Department By:~~~~~~~~~~~~~ FIRE CHIEF Schertz Fire Department Agenda No. 5 CITY COUNCIL MEMORANDUM City Council Meeting: December 8, 2015 Department: Mayor/Council Subject: Resolution No. 15-R-48 - Resolution creating a Committee of Committees Advisory Board and providing for the purpose, organization, appointment and duties of the Board. BACKGROUND In July of 2014, Mayor Carpenter shared a summer address, during which he discussed our City’s history and culture and who we are and why he thinks we have arrived at the successful position we enjoy today. In that same address he announced that he would like to form a task force to address community involvement and future planning for Schertz. Also in July, 2014 Mayor Carpenter asked each Board, Commission, and Committee Chairperson to seek nominations of one member each from the City’s Boards, Commissions, and Committees as well as a Schertz Chamber Representative and a School District Board Member to serve for six months on a Task Force to provide City Council and staff their thoughts on generating greater community involvement in our City government and giving guidance to the Council and Staff on the projects we should be prioritizing (be they infrastructure, expansion, quality of life or otherwise) in the coming five years. Mayor Carpenter asked the Task Force to provide guidance on what kinds of businesses (manufacturing, general commercial and retail) they would like to see the City work on to bring to Schertz. The Task Force was formed and has been meeting since December 2014 with 7 members from the various City Boards, Commissions and Committees. The following individuals are the appointed members: Chair, Michael Dahle, Planning & Zoning Commission, Vice Chair, Richard Dziewit, Transportation Safety Advisory Commission, Vice Chair, Fae Simmons, Parks and Recreation Advisory Board, Tim Brown, Economic Development Corporation Board, Frank McElroy, Board of Adjustment, Howson Lau, Library Board, and Barbara Hall, Historical Preservation Committee. Additionally two non-city members from the community, Maggie Titterington, President Schertz Chamber of Commerce, and Ed Finley, Schertz-Cibolo-Universal City ISD (SCUCISD) were part of this group. Should any member representative of the City committees resign, the City Council will make the necessary appointment of a new member to serve according to the normal appointment processes we have in place. This same body was also appointed as the 2015 Bond Committee by the full City Council. Additionally, the full Council decided to form a ‘Committee of Committees Advisory Board’ to continue the work that has been done over the last several months and continue to give guidance to Council and Staff on the projects the City is involved with. The Committee of Committees City Council Memorandum Page 2 will consist of a representative from each one of the seven City boards, commissions and committees. The following members shall be appointed: • Tim Brown, Economic Development Corporation Board • Michael Dahle, Planning & Zoning Commission • Richard Dziewit, Transportation Safety Advisory Commission • Barbara Hall, Historical Preservation Committee. • Howson Lau, Library Board • Frank McElroy, Board of Adjustment • Fae Simmons, Parks and Recreation Advisory Board Goal The primary responsibility of this Committee shall be to advise the City Council on future planning and long term prioritization of city initiatives and when directed by City Council or City Staff, assist with projects to include analysis of present and future needs and prioritization, and report their findings back to City Council and/or City Staff. Additionally, the Committee of Committees will be responsible for increased communication and coordination between boards. Community Benefit Establish open communication with the City Council and citizens of Schertz, by staying informed on future plans and long term prioritization of City initiatives, as well as communication and coordination between boards. FISCAL IMPACT None RECOMMENDATION Staff recommends Council approve Resolution No. 15-R-48 creating the “Committee of Committees Advisory Board” appointing the (7) city board members of the Mayor’s Task force, making the Committee of Committees Advisory Board, a seven (7) member board. ATTACHMENT Resolution No. 15-R-48 RESOLUTION NO. 15-R-48 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS CREATING A COMMITTEE OF COMMITTEES ADVISORY BOARD AND PROVIDING FOR THE PURPOSE, ORGANIZATION, APPOINTMENT AND DUTIES OF THE BOARD, AND OTHER MATTERS IN CONNECTION THEREWITH WHEREAS, the Mayor and City Council seeks to form a task force to address community involvement and future planning for the City of Schertz; and WHEREAS, a task force was formed and has been meeting since December 2014 with 7 members from the various City Boards, Commissions and Committees with the following appointed members: Chair, Michael Dahle, Planning & Zoning Commission, Vice Chair, Richard Dziewit, Transportation Safety Advisory Commission, Vice Chair, Fae Simmons, Parks and Recreation Advisory Board, Tim Brown, Economic Development Corporation Board, Frank McElroy, Board of Adjustment, Howson Lau, Library Board, and Barbara Hall, Historical Preservation Committee. Two additional non-city board members served: Maggie Titterington, President Schertz Chamber of Commerce, and Ed Finley, Schertz-Cibolo-Universal City ISD (SCUCISD); and WHEREAS, Mayor and City Council met and decided to formalize a “Committee of Committees Advisory Board” to continue the work of the task force; and WHEREAS, should a vacancy occur on this committee, the City Council shall, within 60 days from the commencement of the vacancy, fill the vacancy by appointment; and NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS: There is hereby created in and for the City, a board which shall be called the “Committee of Committees Advisory Board” whose purpose shall be for the providing of guidance and feedback on future planning and long term prioritization of City initiatives. Additionally the Committee of Committees will be responsible for increased communications and coordination between boards. Section 1: Composition: Appointment and Terms The Committee of Committees Advisory Board shall be composed of seven (7) members who shall be appointed by the City Council on an annual basis beginning May 31st of each year. Board members will be appointed for staggered two (2) year terms. If any member of the Board shall be absent from scheduled meetings more than three (3) times without prior notification to the chairman of the board during any twelve (12) month period, the third (3rd) absence shall be construed as the member’s resignation from the board for all purposes. All members will represent the entire City, however positions will be numbered and initially all the odd numbered positions will serve a two year term and all the even numbered positions will serve a one year term. Thereafter, all terms will be 2-year terms. The positions will be randomly assigned at the first board meeting. Section 2: Qualifications of Members. Any member appointed to the Committee of Committees shall be a resident of the City or in the City’s ETJ and 18 years of age or older. It is the intent of the City Council that members shall, by reason of diversity, constitute a board that is broadly representative of the community. Section3: Members Serve without Compensation. The members of the Board shall serve without compensation. Section 4: Removal of Members. Any member of the Board may be removed from such membership at any time by the City Council. Section 5: Responsibility; Duties The primary responsibility of the Board shall be to advise the City Council on future planning and long term prioritization of City initiatives, and when directed by City Council or City Staff, assist with projects to include analysis of present and future needs and prioritization, and report their findings back to City Council and/or City staff. Additionally, the Committee of Committees will be responsible for increased communication and coordination between boards. Section 6: Meetings; Quorum The Board shall fix the time and place for its meetings, provided that the Board shall meet at least once a month. Any Four (4) members of the Board constitute a quorum necessary to cause official action to be taken on any matter. All meetings shall be open to the public, and notice of meetings shall be given and meetings shall be conducted in accordance with the Texas Open Meetings Act. Section 7: Staff Liaison. The City Manager and City Secretary will serve as staff liaisons to the Board. All recommendations, comments and reports shall be made to the City Manager, who in turn shall convey such recommendations to the City Council. Section 8: Board Cannot Bind City Council The Board shall act in an advisory capacity only and shall not have the authority to bind or obligate City Council. Section 9. 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 10. 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 11. This Resolution shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 12. 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 13. 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 14. This Resolution shall be in force and effect from and after its final passage, and it is so resolved. PASSED AND ADOPTED, this 8th day of December, 2015. CITY OF SCHERTZ, TEXAS Michael R. Carpenter, Mayor ATTEST: City Secretary (CITY SEAL) 50234811.1 A-1 EXHIBIT A COMMITTEE OF COMMITTEES BOARD MEMBERS Term Dates Michael Dahle May 31, 2016 Richard Dziewit May 31, 2017 Fae Simmons May 31, 2016 Tim Brown May 31, 2017 Frank McElroy May 31, 2016 Howson Lau May 31, 2017 Barbara Hall May 31, 2016 Agenda No. 6 CITY COUNCIL MEMORANDUM City Council Meeting: December 8, 2015 Department: Council Subject: Ordinance No. 15-M-42 An Ordinance authorizing and amending the City Council Rules of Conduct and Procedure: repealing all ordinances or parts of ordinances in conflict with this ordinance. (First Reading) BACKGROUND The City Council has identified the need to clarify how Councilmember absences from City Council meetings are documented with respect to determining whether such absence is excused. Recently approved changes to the City Charter require any absence be excused by a majority of the Council. At the December 1, 2015 City Council meeting, the Council discussed various options for amending the City Council Rules of Conduct and Procedure and directed the City Attorney to draft language to reflect the discussion points of the Council and honor the newly adopted Charter provision. Before the Council is an amendment that requires a Councilmember to notify either the Mayor or City Secretary via e-mail or telephone as soon as they become aware that they will be unable to attend a City Council meeting. Additionally, the absence and the reason provided by the Councilmember are to be annotated by the City Secretary in the minutes of the meeting that is missed. Council approval of the minutes at a subsequent meeting would act to ratify the absence and the reason provided, thus excusing the absence. If a Councilmember raises an objection to the absence or the reason provided at the time the minutes are to be approved, the matter may be place on a future agenda for debate, discussion and further consideration. Goal To clarify, update and amend the Council’s Rules of Conduct and Procedures related to procedures for documenting Councilmember absences from City Council meetings. Community Benefit To clearly establish procedures for documenting absences. City Council Memorandum Page 2 Summary of Recommended Action Staff recommends Council approve first reading of Ordinance No. 15-M-42 amending the Council Rules of Conduct and Procedures by amending Article 2, Section 2.2 by Retitling the Section: Attendance and creating Sub-Sections A Quorum and B Absences. See attached corresponding Ordinance. FISCAL IMPACT None RECOMMENDATION Staff recommends Council approve first reading of Ordinance No. 15-M-42 ATTACHMENTS Ordinance No. 15-M-42 ORDINANCE NO. 15-M-42 AN ORDINANCE BY THE CITY OF SCHERTZ AUTHORIZING AMENDED CITY COUNCIL RULES OF CONDUCT AND PROCEDURE; PROVIDING FOR THE TREATMENT OF ABSENCES; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT WITH THIS ORDINANCE; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City Council of the City of Schertz has previously adopted Rules of Conduct and Procedure for the conduct of meetings of the City Council; and WHEREAS, the City Council currently does not address the procedural treatment of absences by Council Members from a meeting; and WHEREAS, the City Council has determined that it is in the best interest of the City to amend, update, and clarify the Rules of Conduct and Procedure as they relate to absences. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS: Section 1. That the City Council Rules of Conduct and Procedure are amended as follows: Article 2, Section 2.2 is amended to read as follows: 2.2 Attendance. Councilmembers shall attend all meetings of the Council. Absence of a Councilmember from a meeting shall be managed in accordance with 2.2 B. A. 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. B. Absences. In the event a Councilmember is unable to attend a meeting of the Council, the Councilmember shall notify either the Mayor or the City Secretary as soon as they become aware that they will be unable to attend. Notification may be accomplished via e-mail or telephone and must include the reason for the absence. The City Secretary shall annotate the Councilmember’s absence and the reason therefore in the minutes of the meeting from which the Councilmember is absent. Council approval of the subject minutes shall ratify the absence and the reason given therefore and thus excuse the absence. If a Councilmember raises an objection to the absence or the reason given therefore at the time the minutes are to be approved, the matter may be place on a future agenda for debate, discussion and further consideration. Section 2. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Ordinance for all purposes and are adopted as a part of the judgment and findings of the Council. Section 3. All ordinances and codes, or parts thereof, which are in conflict or inconsistent with any provision of this Ordinance are hereby repealed to the extent of such conflict, and the provisions of this Ordinance shall be and remain controlling as to the matters resolved herein. Section 4. This Ordinance shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 5. If any provision of this Ordinance or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Ordinance and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City hereby declares that this Ordinance would have been enacted without such invalid provision. Section 6. It is officially found, determined, and declared that the meeting at which this Ordinance is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Ordinance, was given, all as required by Chapter 551, as amended, Texas Government Code. Section 7. This Ordinance shall be effective upon the date of final adoption hereof and any publication required by law. PASSED ON FIRST READING, the 8th day of December, 2015. PASSED, APPROVED and ADOPTED ON SECOND READING, the ____ day of January, 2016. Mayor, Michael R. Carpenter ATTEST: City Secretary, Brenda Dennis (Seal of City) 12-8-2015 Revised 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. TABLE OF CONTENTS Page 12-8-2015 Revised i ARTICLE 1. AUTHORITY 1.1 City Charter ........................................................................................................................ 1 1.2 Effective Date; Amendment .............................................................................................. 1 ARTICLE 2. GENERAL RULES 2.1 Meetings to be Public......................................................................................................... 1 2.2 Attendance ......................................................................................................................... 1 2.3 Minutes of Meetings .......................................................................................................... 1 2.4 Questions to Contain One Subject ..................................................................................... 2 2.5 Right to the Floor ............................................................................................................... 2 2.6 City Manager ..................................................................................................................... 2 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 3.3 Recessed Meetings ............................................................................................................. 3 3.4 Adjourned Meetings........................................................................................................... 3 3.5 Executive Sessions ............................................................................................................. 3 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 Tem ............................................................... 4 5.2 Appointment Procedure for a Councilmember ............................................................. 4&5 TABLE OF CONTENTS (continued) Page 12-8-2015 Revised ii ARTICLE 6. ORDER OF BUSINESS 6.1 Agenda .......................................................................................................................... 5&6 6.2 Communication to Mayor and Council.............................................................................. 6 6.3 Approval of Minutes .......................................................................................................... 6 6.4 Presentations by Members of Council ............................................................................... 6 6.5 Consent Agenda ................................................................................................................. 6 ARTICLE 7. CONSIDERATION OF ORDINANCES, RESOLUTIONS, AND MOTIONS 7.1 Printed, Typewritten, or Electronic Form .......................................................................... 6 7.2 City Manager Review ........................................................................................................ 6 7.3 City Attorney to Approve .................................................................................................. 7 7.4 Funding .............................................................................................................................. 7 7.5 Reading of Caption Only ................................................................................................... 7 7.6 Ordinances—Two Readings; Emergencies ....................................................................... 7 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 8.4 Improper References to be Avoided .................................................................................. 8 8.5 Interruptions ....................................................................................................................... 8 ARTICLE 9. MOTIONS AND MEETING PROCEDURES 9.1 Motions .............................................................................................................................. 8 9.2 Debate ................................................................................................................................ 8 9.3 Motion Procedures ........................................................................................................ 8&9 9.4 Point of Privilege ............................................................................................................... 9 9.5 Point of Procedure or Order ............................................................................................... 9 9.6 To Appeal a Ruling ..................................................................................................... 9&10 9.7 To Recess ......................................................................................................................... 10 9.8 To Withdraw .................................................................................................................... 10 9.9 To Postpone or Extend ..................................................................................................... 10 9.10 To Refer ........................................................................................................................... 10 9.11 To Amend ................................................................................................................. 10&11 9.12 To Limit or Close Debate or “Call the Question” ............................................................ 11 9.13 To Count the Vote ............................................................................................................ 11 9.14 To Take Action or Reconsider an Action; Main Motions ............................................... 11 TABLE OF CONTENTS (continued) Page 12-8-2015 Revised iii 9.15 To take action or Rescind motion .................................................................................... 11 9.16 To Take Action; Main Motions ................................................................................ 11&12 9.17 Effect of Abstentions…………………………………………………………………….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&13 ARTICLE 11. CREATION OF COMMITTEES, BOARDS, AND COMMISSIONS 11.1 Standing Committees ....................................................................................................... 13 11.2 Special Committees ......................................................................................................... 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&14 12.5 Written Communications ................................................................................................. 14 12.6 Hearing of Residents ........................................................................................................ 14 ARTICLE 13. COUNCIL AND STAFF RELATIONS 13.1 City M anager to Provide Information .............................................................................. 14 13.2 City Manager’s Responses to Requests .................................................................... 14&15 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 12-8-2015 Revised 1 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 Attendance. Councilmembers shall attend all meetings of the Council. Absence of a Councilmember from a meeting shall be managed in accordance with 2.2 B. A. 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. B. Absences. In the event a Councilmember is unable to attend a meeting of the Council, the Councilmember shall notify either the Mayor or the City Secretary as soon as they become aware that they will be unable to attend. Notification may be accomplished via e-mail or telephone and must include the reason for the absence. The City Secretary shall annotate the Councilmember’s absence and the reason therefore in the minutes of the meeting from which the Councilmember is absent. Council approval of the subject minutes shall ratify the absence and the reason given therefore and thus excuse the absence. If a Councilmember raises an objection to the absence or the reason given therefore at the time the minutes are to be approved, the matter may be place on a future agenda for debate, discussion and further consideration. 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. 12-8-2015 Revised 2 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. 2.7 City Attorney. The City Attorney shall attend all meetings of the Council as required by the Council or as requested by the City Manager, and shall, upon request of the Council or the City Manager, give an opinion, either written or oral, on questions of law. 2.8 City Secretary. The City Secretary or the Deputy City Secretary shall attend all meetings of the Council, unless excused, and shall keep the official minutes. 2.9 Officers and Employees. Any officer or employee of the City, when requested by the 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 State law may be temporarily suspended by a majority vote of the Councilmembers who are present. The vote of each person on any such suspension shall be entered in the minutes. 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 or 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). ARTICLE 3. TYPES OF MEETINGS 3.1 Regular Meetings. The Council shall hold regularly scheduled meetings as provided by the Code of Ordinances, Part II, Section 2-2. The Council may also hold regularly scheduled meetings which may be designated by the Council as “workshop” sessions. 3.2 Special Meetings. Special meetings may be called by the Mayor, the City Manager, or any three (3) members of the Council. The call for a special meeting shall be filed with the City Secretary in written form, except that announcement of a special meeting during any regular meeting at which all members are present shall be sufficient notice of such 12-8-2015 Revised 3 special meeting. The call for a special meeting shall specify the day, hour, and place of the special meeting and shall identify the subject or subjects to be considered. 3.3 Recessed Meetings. Subject to State law, any meeting of the Council may be recessed to a later time, provided that no recess shall be for a longer period than until the next regular meeting. 3.4 Adjourned Meetings. Any meeting of the Council that has been adjourned may not be reconvened except by a motion to reconsider prior to any Councilmember’s departure from the Council chamber. See Sections 9.3 and 9.4. 3.5 Executive Sessions. Executive or closed sessions may only be held in accordance with State law. 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. 12-8-2015 Revised 4 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. (c) Term dates for the Mayor Pro Tem 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 Tem is vacant or is held by a Councilmember who is not qualified to serve as Mayor Pro Tem, the Mayor Pro Tem 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 Tem 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. 12-8-2015 Revised 5 (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. (j) Council reserves the right to alter this procedure at any time by resolution or rule. ARTICLE 6. ORDER OF BUSINESS 6.1 Agenda. The City Manager and the City Secretary shall prepare an agenda for each meeting of the Council. Items may be placed on the agenda by the City Manager (or in his absence any Assistant City Manager), the Mayor, or any Councilmember, except that a Councilmember directing that an item or items be placed on an agenda must do so in open session, during a properly posted meeting of the Council. Items placed on the agenda by the City Manager (or in his absence any Assistant City Manager) may be removed only by the City Manager (or any Assistant City Manager) and he/she may do so at any time that permits the agenda for the Council meeting to be properly posted by the City Secretary’s Office under the Texas Open Meetings Act. Items placed on an agenda by the Mayor may be removed only by the Mayor, and he/she may do so at any time that permits the agenda for the Council meeting to be properly posted by the City Secretary’s Office under the Texas Open Meetings Act. Items placed on the agenda by a Councilmember may be removed only by that specific Councilmember, and he/she may do so at any time that permits the agenda for the Council meeting to be properly posted by the City Secretary’s Office under the Texas Open Meetings Act. (a) Information Required. Any item to be on the agenda must be provided to the 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 of 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. (c) Copy Provided to Mayor and Council Members. The City Secretary shall furnish the Mayor and each Councilmember a copy of the agenda, including the proposed ordinances, resolutions, petitions, notices, or other materials as required. Copies of attachments and background material will generally be provided for the initial presentation only and should be retained by the Mayor and the Councilmembers until such time as the item is finalized. (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 12-8-2015 Revised 6 Hall prior to the meeting. Copies of the agenda shall be available to the public at the meeting. (e) Order; Exception. The ordinances, resolutions, and other proposed actions shall be taken up and disposed of 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. 6.2 Communication to Mayor 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 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. 6.4 Presentations by Members of Council. The agenda shall provide a time when the Mayor and each Councilmember may bring before the Council any business that person believes should be brought up during the “Requests by Mayor and Councilmembers” and “Announcements by Mayor and Councilmembers” portions of the agenda. These matters need not be specifically listed on the agenda unless the person desiring to make a comment knows prior to posting of the agenda that he/she will make such comment. In response to an unposted comment, there (1) may only be a statement of factual information in response, (2) a recitation of existing City policy, or (3) discussion regarding a proposal to place the subject on the agenda for a subsequent meeting. 6.5 Consent Agenda. At the direction of the City Manager (or in his absence an Assistant City Manager) with respect to items believed to be non-controversial, the City Secretary shall place multiple items on a “Consent Agenda” portion of the agenda, subject to the right of the Mayor or any Councilmember to request at the meeting that any one or more of such items be removed from the Consent Agenda for individual consideration. First readings of ordinances shall in all events be posted for individual consideration and shall not be included on the Consent Agenda. ARTICLE 7. CONSIDERATION OF ORDINANCES, RESOLUTIONS, AND MOTIONS 7.1 Printed, Typewritten, or Electronic Form. All ordinances and resolutions shall be 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. 12-8-2015 Revised 7 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 funds 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—Two Readings; Emergencies. Ordinances introduced at a Council meeting shall not be finally acted upon until at least the next regular meeting, except that 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 of every ordinance, resolution, or motion, unless otherwise required by these Rules, the Charter, or State law, shall require the affirmative vote of three (3) Councilmembers who are present and eligible to vote. 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 Charter. Other Councilmembers 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 or resolution within the records of the City. 7.11 Ordinance Passage Procedure. After passage, an ordinance shall be signed by the presiding officer and shall be attested by the City Secretary or Deputy City Secretary, and it shall be filed and thereafter preserved in the office of the City Secretary. ARTICLE 8. RULES OF DECORUM 8.1 Recognition by presiding officer. Subject to Section 8.5, No person shall address the Council without first being recognized by the presiding officer. 8.2 Order. While the Council is in session, the Councilmembers must preserve the order and decorum of the meeting, and a Councilmember shall neither, by statement or otherwise, delay or interrupt the proceedings or the peace of the Council or disturb any other Councilmember while speaking or refuse to obey the orders of the presiding officer. Councilmembers are expected to remain on the dais during a Council meeting unless they have good cause to vacate. 8.3 Presiding Officer. The Mayor or the Mayor Pro-Tem or such other member of the Council who is serving as the presiding officer may participate in debate, subject only to such limitations of debate as are the rights and privileges of a Councilmember by reason 12-8-2015 Revised 8 of such Councilmember acting as the presiding officer. If the presiding officer is engaged in debate and is, at the insistence of three (3) Council members, abusing the position of the presiding officer, the presiding officer must relinquish the chair to the Mayor Pro-Tem, or in his/her absence, to the next most senior Councilmember (by time of service on the Council) present. The Mayor Pro-Tem or such other member, other than the Mayor, who is serving as presiding officer may move, second, and debate from the chair, subject only to such limitations of debate as are the rights and privileges of a Councilmember by reason of the member acting as the presiding officer. 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. Motion May Interrupt Speaker Second Required Debatable Amendable Resolved by Chair No Vote Affirmative Vote by 3 Council- members 2/3 Vote A. Meeting Conduct Motions 1. point of privilege yes no no no yes no no * Sections 9.3 through 9.14 are included by permission of Donald A. Tortorice, The Modern Rules of Order, ABA Publishing, 2nd Edition. 12-8-2015 Revised 9 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 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 ** Mandatory if seconded; no vote required 12-8-2015 Revised 10 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. 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. 12-8-2015 Revised 11 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. 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 12-8-2015 Revised 12 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 Obligated to Abstain. 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 the Council Member left the room and abstained from the vote in the official minutes and there shall be no other effect. When the Council Member as no Legal Obligation to Abstain from Voting. 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. ARTICLE 10. ENFORCEMENT OF DECORUM 10.1 Warning. All persons other than a recognized speaker shall, at the request of the presiding officer, be silent. If, after receiving a warning from the presiding officer, a person persists in disturbing the meeting, the presiding officer may order the person to leave the meeting. The Chief of Police, or such member or members of the Police Department or other persons as the presiding officer may designate, shall be sergeant-at- arms of the Council meetings. If the person so requested does not leave the meeting, the presiding officer may order the sergeant-at-arms to remove such person. 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-arms shall be 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 Councilmembers present and eligible to vote shall require the presiding officer to do so. 10.5 Adjournment. In 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 12-8-2015 Revised 13 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 Standing 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 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. 12-8-2015 Revised 14 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 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. 12.6 Hearing of Residents. There shall be included on the agenda of each City Council meeting an item labeled “Hearing of Residents”. After being recognized by the presiding officer, members of the public (giving precedence to residents of the City) may address the Council on items on or not on the agenda at that time, providing they have completed the “Hearing of Residents” form, unless authorized by the presiding officer. The form shall be made available to persons wishing to address the Council prior to the calling of the meeting to order and such completed form shall be made available to the presiding officer prior to the calling of the meeting to order. The persons signed up for “Hearing of Residents” must speak during the “Hearing of Residents” portion of the meeting. Councilmembers and members of City staff may not discuss unposted items nor take any action thereon other than to (1) make a statement of factual information, (2) make a statement of existing City policy, or (3) discuss placing the item on a future agenda. Persons speaking shall be subject to the time limits set forth in Section 12.2, unless otherwise authorized by the presiding officer. ARTICLE 13. COUNCIL AND STAFF RELATIONS 13.1 City 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 staff’s 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 City Manager’s Responses to Requests. The City Manager is expected to respond in a timely manner to the Council and Councilmember’s requests. When information is requested, the City Manager will estimate a reasonable time frame for collecting the requested information. 12-8-2015 Revised 15 (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. (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. * * * 12-8-2015 Revised 16 Amended: December 8, 2015