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02-23-2016 Agenda with backup materialCity Council Agenda REGULAR SESSION CITY COUNCIL February 23, 2016, 6:00 P.M. HAL BALDWIN MUNICIPAL COMPLEX COUNCIL CHAMBERS 1400 SCHERTZ PARKWAY BUILDING #4 SCHERTZ, TEXAS 78154 City of Schert� 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 tea Call to Order — City Council Regular Session Opening Prayer and Pledges of Allegiance to the Flags of the United States and State of Texas. (Mayor Carpenter) City Events and Announcements • Announcements of upcoming City Events (B. James /D. Wait /B. Cantu) • Announcements and recognitions by City Manager (J. Kessel) Hearing of Residents This time is set aside for any person who wishes to address the City Council. Each person should fill out the speaker's register prior to the meeting. Presentations should be limited to no more than 3 minutes. All remarks shall be addressed to the Council as a body, and not to any individual member thereof. Any person making personal, impertinent, or slanderous remarks while addressing the Council may be requested to leave the meeting. Discussion by the Council of any item not on the agenda shall be limited to statements of specific factual information given in response to any inquiry, a recitation of existing policy in response to an inquiry, and /or a proposal to place the item on a future agenda. The presiding officer, during the Hearing of Residents portion of the agenda, will call on those persons who have signed up to speak in the order they have registered. 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. 02 -23 -2016 Council Agenda 1. Minutes - Consideration and /or action regarding the approval of the minutes of the Regular Meeting of February 9, 2016, and approval of the Special Town Hall Meeting of February 16, 2016. (J. Kessel /B. Dennis) 2. Ordinance No. 16 -C -04 — Consideration and /or action approving an Ordinance amending the Code of Ordinances of the City of Schertz Chapter 18, Buildings and Building Regulations, Article 1, In General , Section 18 Inspections and Article III, International Residential Code for One and Two Family Dwellings 81052, Work Exempt from Permits. Final Reading (B. James /G. Durant) 3. Resolution No. 16 -R -15— Consideration and /or action approving a Resolution authorizing EMS Debt Revenue Adjustments for certain inactive outstanding accounts receivables. (D. Wait /J. Mabbitt) 4. Resolution No. 16 -R -16 - Consideration and /or action approving a Resolution authorizing Utility Billing Debt Revenue Adjustments for certain inactive outstanding accounts receivables. (D. Wait /C. Spence) Discussion and Action Items 5. Resolution No. 16 -R -13 — Consideration and /or action approving a Resolution authorizing an amendment to the existing agreement for the upgrading of internet services provided by Time Warner Cable to Schertz Senior Center at 608 Schertz Parkway, the City's Main Hub for public WiFi Services from a 7 MBPS Service to a 50 MBPS Service to increase bandwidth for public and vendor use. (B. James /M. Clauser) 6. Resolution No. 16 -R -17 — Consideration and /or action approving a Resolution authorizing the addition of new services to the existing agreement for the Live Oak Road Data Center /Disaster Recovery Site provided by Time Warner Cable to allow internet Services to the City's Disaster Recovery Site at 1057 E. Live Oak. (B. James/M. Clauser) 7. Resolution No. 16 -R -18 — Consideration and/or action approving a Resolution authorizing a Software Maintenance Agreement with Environmental Systems Research Institute, Inc. for GIS Software. (B. James /M. Clauser) Roll Call Vote Confirmation Requests and Announcements 8. Announcements by City Manager • Citizen Kudos • Recognition of City employee actions • New Departmental initiatives 9. 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 02 -23 -2016 City Council Agenda Page - 2 - 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. 10. 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 1.1. Information available in City Council Packets - NO DISCUSSION TO OCCUR • Lone Star Rail District Update. (B. James) Adiournment CERTIFICATION I, BRENDA DENNIS, CITY SECRETARY OF THE CITY OF SCHERTZ, TEXAS, DO HEREBY CERTIFY THAT THE ABOVE AGENDA WAS PREPARED AND POSTED ON THE OFFICIAL BULLETIN BOARDS ON THIS THE 19th DAY OF FEBRUARY, 2016 AT 11:00 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. grevkJci Devwx,'Ls Brenda Dennis, City Secreta I CERTIFY THAT THE ATTACHED NOTICE AND AGENDA OF ITEMS TO BE CONSIDERED BY THE CITY COUNCIL WAS REMOVED BY ME FROM THE OFFICIAL BULLETIN BOARD ON DAY OF 2016. Title: This facility is accessible in accordance with the Americans with Disabilities Act. Handicapped parking spaces are available. ffyou 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 02 -23 -2016 City Council Agenda Page - 3 - 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 Councilmember Fowler — Place 1 Audit Committee Interview Committee for :Boards and Commissions Interview Committee for Boards and Commissions Schertz Housing Board Liaison Investment Advisory Committee .Randolph Joint Land Use Study (JLUS) Executive TIRZ II Board Committee Schertz Seguin Local Government Corporation Councilmember Azzoz — Place 2 Councilmember John — Place 3 Animal Control Advisory Committee Lone Star Rail District Sweetheart Advisory Committee Mayor Pro -Tem Edwards — Place 4 Councilmember Thompson Place 5 Audit Committee Audit Committee Hal Baldwin Scholarship Committee Investment Advisory Committee Interview Committee for Boards and Commissions Cibolo Valley Local Government Corporation 02 -23 -2016 City Council Agenda Page - 4 - CITY COUNCIL MEMORANDUM City Council Meeting: February 23, 2016 Department: Subject: City Secretary Minutes Agenda No. 1 The City Council held a Regular Meeting on February 9, 2016 and a Special Town Hall Meeting on February 16, 2016. . FISCAL IMPACT None RECOMMENDATION Staff recommends Council approve the minutes of the Regular meeting of February 9, 2016 and the minutes of the Special Town Hall Meeting on February 16, 2016. ATTACHMENTS Minutes — Regular meeting of February 9, 2016 Special Town Hall meeting of February 16, 2016 MINUTES REGULAR MEETING February 9, 2016 A Regular Meeting was held by the Schertz City Council of the City of Schertz, Texas, on February 9, 2016, 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 Councilmember Jim Fowler Councilmember Councilmember Daryl John Councilmember Staff Present: City M, Executive Director Brian James Executi Executive Director Bob Cantu City At City Secretary Brenda Dennis Cali to Order — City Council Regular Session Mayor Carpenter called the meeting to order at 6:02 p.m. (Councilmember John) Councilmember John provided the opening of the United States and the St t 'cif Texas. Events and • Announcements of made: kS Wait of allegiance to the flags Wait /B. Cantu) • Thursday, February 11, Chuck Wagon Breakfast, Frost Bank IH -35 N, 7:30 a.m. • Thursday, February" 11, Trail. Rider Lunch, Pickrell Park, 11:30 a.m. • Thursday, February 11, Northeast Partnership Meeting, Olympia Hills Golf & Conference Center 11:30 a.m. • Thursday;`February 11, TML Region 7 Meeting — The Gardens at Old Town Helotes, City of Helot s, Reception begins at 5:00 p.m. RSVP to the City Secretary by Friday, February 5. . • Friday, February 12, We Rent It Ribbon Cutting, 18115 IH 35 Frontage Rd, 2:00 p.m. • Monday, February 15, City Holiday in Observance of President's Day. • Tuesday, February 16, Council on the Go Meeting, Community Center North, 6:30 p.m. SAVE THE DATE: • Saturday March 5, 8th Annual. Wilenchik's Walk for Life 2016, Clemens High School, 8:00 a.m. 02 -09 -2016 Minutes Page - 1 - • Announcements and recognitions by City Manager (J. Kessel) No announcements were provided at this time. Employee Service Recognition • Matt Troncoso, EMS Shift Supervisor— 25 Years • Eber Busch Water/Waste Supervisor — 25 Years Mayor Carpenter recognized City Manager John Kessel who called both Matt and Eber up for recognition stating that he is doing this a little differently thark, in the past as each started out their career in the Water Department when first hired. Mr.', kegsel provided information on their accomplishments, goals and interests as well As' provided , comments from their departments. Mr. Kessel recognized Matt's daughter Stacy wh6c` aine forward reading a tribute in honor of her dad. Mr. Kessel presented Matt and' Eber with their 25 year pins and recognized Chair of the Historical Preservation Committee Dean Weirtz,who also came forward presenting them with copy of the newest publication of the Schertz ffislory Book as they too have been a part of Schertz History. Matt and Eber expressed their gratitude and thanks and Councilmembers came down ffom,the dais to cc Mayor Carpenter recessed the meeting at 6:2 Mayor Carpenter reconvened the meeting at Presentation • Historicat'Preservation City of Schertz. Mayor Carpenter Ite Matt and Eber. February 11 -28, 2016,as Official Rodeo Season and February 11, !4 presented the proclamation to the Rodeo Ambassador's -"Chair Cindy Gidden presented each member of Council with a el pin"And tickets to Thursday's Rodeo. ttee Annual Report. (B. James/D. Weirtz) Mayor Carpenter recognized Chair of the Historical Preservation Committee Dean Weirtz who came forward providing the Council with their annual report for FY 2015 with information regarding the progress of the committee through the objectives that were set for the year, the things that impacted them and goals for the future. He stated last year's focus was on three (3) project areas: (1) Historic recognition projects, (2) Historic public information projects, and (3) Joint committee projects with the community, schools, students, etc. Mr. Weirtz addressed one issue that continues to impact the committee and that is the inventory of historic artifacts, now maintained in an environmentally controlled storage facility. He stated the items were meant to be placed in a historical arts facility, which seven (7) years ago was designated by the City Council at the time to be space that now stands where the private facility of WellMed is, which is attached to the Senior Center. The 02-09-2016 Minutes Page - 2 - Committee would ask the Council to possibly renew its former commitment to their group by allowing them to utilize the space which will someday soon be available as WellMed moves into a new facility. The Committee would like to have consideration for this Heritage Cultural Arts activity in that space. He stated that besides the City, there are several arts groups, genealogy clubs, senior citizens choir and other such groups within the Senior Center itself that would benefit from the availability from such dedicated space. Mr. Weirtz stated that the committee has set certain goals for the coming year which are inclusive of those three areas spoken about earlier, which are (1) recognition, (2) publication and (3) joint projects. Mr. Weirtz thanked City Staff for their continued support of the projects during this past year. Mayor Carpenter expressed his gratitude for the work 'that' the Historical Preservation Committee has done in the small amount of time thev have.been meeting. Hearin! of Residents Mayor Carpenter recognized the following who • Miss Sarah Wargo, Student with Kung Jung Mu Sul df Schertz who came forward providing information on their past and upcoming events, inviting Council to attend. 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 February 2i 201 J, Kassel /B. Dennis) 2. Ordinance N6 ll6 -S -03 —"Consideration and /or action approving an Ordinance to rezone approximately 2.1 acres of land located at 17231 Schertz Parkway in the Verde Enterprise Badness Park from':Planned Uhit Development to Planned Development District. Final Red4i g (B. James /L. Wo' od /B. Cox) Mayor Carpenter recognized Councilmember Fowler who moved, seconded by Mayor Pro - Tem Edwards to approve the consent agenda items 1 and 2. The vote was unanimous with Mayor Pro -Tem � dwards, Councilmembers Fowler, Azzoz, John, and Thompson voting for and no one voting no. Motion passed. Discussion and Action Items 3. Boards, Commission and Committee Appointments — Consideration and/or action ratifying the appointment of Col. USAF (Ret) Paul Ringenbach as a regular member to the Historical Preservation Committee. (B. Dennis /Mayor /Council) Mayor Carpenter stated that the City received an application from Col. USAF (Ret) Paul Ringenbach who is requesting to serve as a regular member on the Historical Preservation 02 -09 -2016 Minutes Page - 3 - Committee. Mayor Carpenter recognized Col. USAF (Ret) Paul Ringbach who was in the audience this evening. Mayor Carpenter recognized Councilmember Thompson who moved, seconded by Mayor Pro -Tem Edwards to approve the appointment of Col. USAF (Ret) Paul Ringenbach as a regular member to the Historical Preservation Committee. The vote was unanimous with Mayor Pro -Tem Edwards, Councilmembers Fowler, Azzoz, John, and Thompson voting for and no one voting no. Motion passed. 4. Resolution No. 16 -R -11 — Consideration and/or action approvin a Resolution authorizing expenditures with Silsbee Ford totaling no more than $262,0 as approved in the 2015 -2016 Fiscal Year Budget for the City's Vehicle Replacement Progran ;`(B. Cantu /J. Kurz) The following was read into record: RESOLUTION NO* 16 -R -1 A RESOLUTION BY THE CITY COUNCIL; OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING EXPENDITURES WITH SILBEE FORD TOTALING NO MORE THAN $262,000, AS APPROVED IN THE 2015 -21016 FISCAL YEAR BUDGET, FOR THE CITY'S VEHICLE REPLACEMENT PROGRAM AND OTHER MATTERS IN CONNECTION THEREWITH Manager Jessica Kurz who stated the City a ccit- effective fleet replacement program. 1 into the existing program and the City has for determining when a vehicle requires icil approved a funding mechanism, and Ir the City's Vehicle Replacement Program. The City has historically, purchased :vehicles from vendors belonging to purchasing cooperatives., This-has allowed the City to procure vehicles through best -value and capitalize on volume discou ts. ,For the rQvainder of the FY 201.5 -16, The City anticipates the purchase ofthe following vehicles from Silsbee Ford: Department Vehicle Budgeted Amount Development Services Truck (1) $24,000 Drainage Truck (1) $38,000 Economic Development SUV (1) $40,000 Parks Truck (1) $38,000 Streets Truck (2) $78,000 Water Truck (2) $44,000 The City's practice is to seek authorization from Council when expenditures with a vendor exceed $50,000 in one fiscal year. Though exact amounts for each vehicle are not yet known, it will not exceed the budgeted amount. Thus, staff is requesting approval to spend up to $262,000 with Silsbee Ford in FY 2015 -16. 02 -09 -2016 Minutes Page - 4 - A proactive fleet replacement program provides for long -term planning and prudent fiscal stewardship. Purchasing cooperatives assist local governments in reducing costs through volume purchasing. Additionally, City resources are conserved and purchasing efficiencies are maximized through use of a streamlined procurement process, where all vehicles can be purchased from one vendor. Staff recommends that Council authorize expenditures with Silsbee Ford for vehicles, totaling no more than $262,000, as approved in the FY 2015 -16 budget for the City's Vehicle Replacement Program. Ms. Kurz addressed questions from Council as to why they closer purchasing coop. She stated that Silsbee was willing delivery fees. Mayor Carpenter recognized Fleet Manager Jon questions of choosing Silsbee Ford; he also explained that they are trying to save time in get like tool boxes etc., and Silsbee is able to inst� vehicle which will eliminate the time of sendir He also addressed questions of being able to use Silsbee Ford and not a ve the cooperative and forward also answering of convenience. He the auxiliary items tli the vehicles to other p rcal Ford dealers for w, ,ith auxiliary items are needed on the Mayor Carpenter recognized Councilmember Azzoz who moved, seconded by Councilmember Thompson to approve Resolution No. 1,0-R- 11. The vote was unanimous with Mayor Pro -Tem Edwards, Cvuncilmembers Fowlers Azzoz, John, and Thompson voting for and no one voting no. Motion passed. 5. Resolution No. 16 -R -12 — Considerat nomination for the ndhiig,,of a Sch building or property, posthumously, in The following was read into SOLUTION B IORIZING A �L GOVERN? HUMOUSLY, 11br action'approving a Resolution authorizing a rguin Local Government Corporation (SSLGC) of Mr. Hal Baldwin. (D. Wait/A. Briggs) 1 11 t I CE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS [INA:TION FOR THE NAMING OF A SCHERTZ /SEGUIN C CORPORATION (SSLGC) BUILDING OR PROPERTY, ONOR OF MAYOR HAL BALDWIN Mayor Carpenter recognized Executive Director Dudley Wait who stated several months ago, the SSLGC Board aed their Executive Director to formulate a process for naming structures and large system equipment in honor of those who have spent their time in public service dedicated to the development and growth of the SSLGC Water production and delivery system. The impetus of this was the untimely deaths of two individuals who, whiles serving lengthy terms as elected officials, were instrumental in birth of the SSLGC. SSLGC staff explored the processes used by both Schertz and Seguin as well as other organizations in our area to name things after residents. They then built their policy from these best practices. This new process was approved by the SSLGC Board of Directors in November of 2015. 02 -09 -2016 Minutes Page - 5 - In Board meetings, discussions were held on naming two facilities after these pioneering leaders that led to the formation of this new policy. These two individuals are Schertz Mayor Hal Baldwin and Seguin City Councilmember Rodger Weyel. The SSLGC Board would like to name the new High Volume Pump Station building that pushes the water to Schertz after Mayor Baldwin and the Seguin Terminus Building at the Seguin Water Plant after Councilmember Weyel. To be consistent with the new policy, the application must include a Resolution in support of this naming from the City Council of the nominating City. The SSLGC was developed from an idea introduced and supported by a number of people. A number of those individuals are responsible for seeing the�;coneept become a reality. Mayor Baldwin was a critical player in the overall birth and success of the SSLGC. Naming of the High Volume Pump Station after Mayor Baldwin would I be another way of honoring him posthumously. Staff recommends approval of the Resolution authorizing the submission of an application for the naming of an SSLGC Building in honor of Mayor Hal Baldwin. Mayor Carpenter made a motion, seconded by C- ouncilmember Fowler to approve Resolution No. 16 -R -12 authorizing a nomination for the naming-of�o Schertz /Seguin Local Government Corporation building or property in honor of Mayor Hal Baldwin. The vote was unanimous with Mayor Pro -Tem Edwards, ;Councilmembers Fowler, Azzoz, John, and Thompson voting for and no one voting no. Motion passed. 6. Resolution No. 16 -R -14 — Consideration and/or action approving a Resolution authorizing the acceptance of a grant award extension through the Toxas Criminal Justice Division of Texas Governor's Office rant funds totaling no more than $11,125.00 with matching funds of no more than $2,781'�5 (the "Grant ") for the project titled "Crime Victim Liaison Unit ". (D. Wait /M. Hansen /J. Correu) The following was read into record: A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING THE ACCEPTANCE OF A GRANT, AND OTHER MATTERS IN CONNECTION THEREWITH Mayor Carpenter recggnized CID Lt. John Correu who stated last year the City received a grant from the Criminal Justice Division of the Texas Governor's Office grant award to support the City's Crime Victim Liaison Unit. The grant was for $5,340.00 and required a match of $1,335.00. The City has been selected for an automatic extension of the grant to receive an additional $11,125.00 with match of $2,781.25. The grant can be used to purchase equipment to support the City's Crime Victim Liaison Unit. The goal is to now request and receive additional funding to purchase equipment needed by the Crime Victim Liaison in the performance of his /her duties to include public presentations and training. Staff recommends council authorize acceptance of the fiscal year 2015 -16 Criminal Justice Division of the Texas Governor's Office grant award extension for the project titled: Crime Victim Liaison Unit in the amount no greater than $11,125.00 with a matching funds 02 -09 -2016 Minutes Page - 6 - requirement no greater than $2,781.25. The City is required to provide a match of $2,781.25 to receive a grant of $11.1.25.00. The matching funds are available in the existing Police Department budget. Mayor Carpenter recognized Councilmember Thompson who moved, seconded by Councilmember Fowler to approve Resolution No. 16 -R -14. The vote was unanimous with Mayor Pro -Tem Edwards, Councilmembers Fowler, Azzoz, John, and Thompson voting for and no one voting no. Motion passed. 7. Ordinance No. 16 -C -04 — Consideration and/or action approving an Ordinance amending the code of ordinances of the City of Schertz Chapter 18, Buildings and Building Regulations, Article 1, In General , Section 18 Inspections and Article III, International Residential Code for One and Two Family Dwellings R1052, Work Exempt from Permits. First Reading (B. James /G. Durant) The following was read into record: ORDINANCE NO. 16 -C-04 Mayor Carpenter recognized Executive Director Brian James who introduced this item stating staff has'determined'a need to revise "the current building codes with regard to special inspections and the permitting requirements for fences and sheds. Staff presented the proposed changes regarding fences and sheds to the Planning and Zoning Commission for change to the'ermitting tequirements section is generally to not require a permit for the icement of residential fences with like for like fences and to not require a permit for chat are not greater than 120 square feet and that can be moved. Staff will evaluate the tct 6f.the proposed changes for six months and provide an update to the City Council and ning and Zoning Commission. Mr. James staffed that staff had added language that made clear the Chief Building Official may authorize special inspections per the building codes, but at this time is not recommending this be part of the ordinance and will be brought forward under a separate ordinance. Staff recommends approval of first reading with that correction. Mr. James stated the Ordinance on final reading will reflect the change. Mayor Carpenter opened the public hearing and recognized the following who spoke: 02 -09 -2016 Minutes Page - 7 - • Robert Brockman, 1000 Elbel, if the City had the current flood map available; in answer Mr. James stated yes. Mr. Brockman also suggested that this information be published in the Schertz Magazine. • Ken Greenwald, 205 Westchester Drive, who stated that his main concern was in the older sections of town where the utility and power lines are buried in the back yard and he believes that pulling a permit might require residents to call before they dug. As no one else spoke, Mayor Carpenter closed the public hearing for Council comments. Mayor Carpenter recognized Councilmember Fowler Greenwald's concern, wouldn't it be wise to identify th backyard electrical lines and cables, making it part, acknowledgement of these situations; would it be feasible be feasible as utility easements are located in the back, newer neighborhoods. This is a common situation and the In answer to Councilmember Fowler's question as to bury the lines, Mr. James said he did not know,'be( where the franchise utilities locate their equipment. was a state regulation on this matter. Councilmember Fowler asked for ,1E James stated as long as it was portab . down on blocks or skids, it will be e Planning & Zoning Commission made an article in the Scheme Mazine, ups have our staff fullv trained in, answerin the franchise companies must city does not regulate how or he offered to check if there )n on the sheds not ,requiring a permit. Mr. ,ould be moved; by a group of people and set ,om,a, permit. He stated a recommendation the have sole handout material for residents, have Schertz w ebsite with the new information, and of the most commonly asked questions. Councilmember Fowler asked if as a minimum, does the resident have to come in and verify they are not in a floodplain? Mr. James stated staff is not anticipating anyone will come in to verify that they are not in the floodplain and simply go ahead and replace their fence. However, we don't have the right to waive the requirement in a high flood hazard area. This is the flood plain administrator's requirement that we follow state and federal regulations which also allows our folks to take advantage of federally subsidized flood insurance. Mayor Carpenter recognized Councilmember Azzoz who moved, seconded by Councilmember John to approve Ordinance No. 16 -C -04 on first reading. The vote was 4 -1- 02 -09 -2016 Minutes Page - 8 - 0, with Mayor Pro -Tem Edwards, Councilmembers, Azzoz, John, and Thompson voting for and Councilmember Fowler 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 -7. Requests and Announcements 8. Announcements by City Manager • Citizen Kudos • Recognition of City employee actions • New Departmental initiatives Mayor Carpenter recognized City Manager John Kessel who made mention: of agenda item 11, which was the amended 2016 City of Schert ,1,Master Calendar and Council, Calendar that reflect the recent change made to the retreat date's,', from" Friday to Thursday. Mr. Kessel stated that this was the calendar for council to use. 9. Future Agenda Item eghet for City Council: This is an opportunity for City Council members io= 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 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 No 10. Announcements by favor 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 02 -09 -2016 Minutes Page - 9 - Mayor Carpenter recognized Mayor Pro -Tem Edwards who stated he had visited the Cibolo BBQ Cook -Off and they also had a cook -off contest for children. He would like to see Sehertz do something similar to this in the future. Mayor Carpenter recognized Councilmember Thompson who attended the Promptu Immediate Care Grand Re- opening last Saturday. Executives from the Christus Health System who attended were extremely complimentary about the city staff members they have had contact with and feel this is going to be one of their flagship models for other Promptu Immediate Care Centers that they are going to be developing. Mayor Carpenter stated he has mixed feelings on hearing about the upcoming retirements of Public Works Director Sam Willoughby and Executive Direqts i Bob Cantu. He thanked them both for their institutional knowledge and the many contributions And service they have given to the city through the years. They will be tough to replace. Adiournment Mayor Carpenter adjourned the meeting at 7:27 p. Michael R. Carpenter, Mayor ATTEST: Brenda Dennis, City Secretary 02 -09 -2016 Minutes Page -10 - MINUTES SPECIAL TOWN HALL MEETING February 16, 2016 A Special Town Hall Meeting was held by the Schertz City Council of the City of Schertz, Texas, on February 16, 2016, at 6:30 p.m., in the Community Center North, 3501 Morning Drive, Schertz, Texas. The following members present to -wit: Mayor Pro -Tem Cedric Edwards Councilmember Grumpy Azzoz Councilmember Robin Thompson Staff Present: Executive Director Brian James Executive Director Bob Cantu City Secretary Brenda Dennis Mayor Carpenter was out of town on business. Mayor Pro-Tern Edwards called the meeting Welcome and Introduction • Mayor Michael Crpenter/3tayor Pro -Tem Mayor Pro -Tem E proceedings and in • Infrastructure (Streets= Waterlines) Councilmember Jim Fowler Councilmember Darv1 Sohn City Manager John Executive Director City Attorney Clari Deputy City Secret :31 p.m. Edwards F Wait provided a brief overview of the evenings ambers, city manager and executive Mayor Projem Edwards recognized City Engineer Kathy Woodlee who provided information onongoing waterline improvements in Northcliffe as follows: • Phase 1 - Waterlines Replaced, Streets Reconstructed (all done) • Phase 2 - Waterlines Replaced (all done) • Phase 3A - Waterline Replacement in Design (30% done) • Phase 3B - Waterline Replacement in Design (30% done) City -Wide Street Improvements (maintenance and reconstruction) are usually funded with bond revenues and include: • Staff currently working on professional services contract for Pavement Condition Index (PCI) Survey 02 -16 -2016 Minutes Page -1- • Survey will be a basis for street improvement prioritization • Street improvement projects to be identified during budget process for FY 2016-2017 • The recently approved bond projects, including improvements to FM 1103 & FM 1518. Mayor Pro-Tem Edwards recognized Kathy Woodlee who provided the following info: The November 2015 Bond Election authorized $2 million for FM 1103 improvements including the Schertz portion (114 35 to Old Wiederstein Road) and the Cibolo portion (Old Wiederstein Road to Rodeo Way. City Staff has a meeting withTxDQT on February 29 and TxDOT will hold a public meeting to present a preliminary plan. Further information will be coming out in the near future. The City has allocated Five million dollars for FM TxDOT is also contributing $5 million. TxDOT (b Area Metropolitan Planning Organization (AAMPC million. Proposed design plans include intersection i well as more traffic lanes on FM 1518. Public 'input You can participate online at www.alamoareampt several meetings scheduled at different locations in tf Mayor Pro-Tem Edwards recognized Director of Planning and Community Development Lesa Wood he pointed out'the current 'comin6rcial and residential entities in the area on maps. Thee are three pro 1) Cypress Point, 2) Parkland subdivision plus a e posed park and school site, and �) The Homestead Subdivision (formerly known as Nor- Tek Farms). Ms. Wood,pointed, but each location on maps for the audience and summarized • 750 Single Family Residential Homes (232 lots currently being platted) • 133 acres ,o ' f land designated for Commercial/Multi-Family • School site • City Park (14'acres) • Townhomes • Open space areas with multi-purpose walkway to provide links between park areas, open space, neighborhoods, and the school site. • Main Boulevard with tree lined streets and sidewalks. Ms. Wood and Executive Directors Brian James and Dudley Wait answered various questions from the residents. 02-16-2016 Minutes Page - 2 - • Traffic and Code Enforcement issues. Mayor Pro -Tem Edwards recognized Traffic Unit Supervisor and Patrol Officer A.J. Arriaga who stated that along with the help of citizens, members of the TSAC committee, Engineering, Public Works, and Planning they are able to concentrate on where the city's traffic issues are at. Early last year they got a letter advising the city that in the Northcliffe area there were problems with speeding, running stop signs, and parking problems. He stated they have been out there with traffic units and also are utilizing a mechanism called a Speed Spy that gives them data on what is going on. Moving violations are a major goal to address but they have also now developed some courtesy traffic booklets that officers are starting to give out to violators. Mayor Pro -Tem Edwards recognized City Marshal law enforcement unit in the city. They have Environmental Health and Code Enforcement, citizens to contact them with any assistance rcga obstructing right of ways, illegal dumping, and hE with stray animals, animals running at large 'ox adoptions, and licenses and permits. He spoke' organizations that they network with, the Trap, anyone who wants to volunteer some time to the they do is fundraising for the needs and care of the Hall Harris who said they are the other isions, 1) Warrant Division, 2) Lnimal Services. He encouraged ;arded large trash items, vehicles ,eeds. Animal Setices can assist cases, as well as ;rabies control, me outside adoption and rescue and Release program and asked i give them a call. Another thing d heard of the `hand free ordinance'. He asked wd' and say a few words about it. Chief Hansen it city council for a while last year. The city texting on their cell phone while driving unless eir table, they have some `holders' for their cell aited everyone to check it out. City Council will host a citi2o s' communication meeting to hear citizen issues and provide g rieral policy and factual information as to issues brought up by citizens. No action shall be taken ecept to place a item on a future agenda as appropriate. Mayor Pfo -Tem Edwards asked all the councilmembers to come forward. He said these are the councilrnobers vho represent you - -the residents. We are growing as a community. Hold your elected officials to their task of representing you by speaking on your behalf. These people are here t serve you. Mayor Pro -Tem Edwards asked City Manager John. Kessel to come forward and say a few words. Mr. Kessel stated if anyone had any more questions to please bring them forward. Residents brought forth a few more questions related to getting a prompt response from city personnel in regard to street repair due to broken waterlines, how to address the speeding in their neighborhoods, Country Club Drive, construction damage by contractors on roads, mowing of green areas, and surveying activity on FM 11.03. 02 -16 -2016 Minutes Page - 3 - As there were no more questions, Mayor Pro -Tem Edwards thanked the residents for coming and participating and all the City Staff members for making this a successful meeting. Adjournment Mayor Pro-Tern Edwards adjourned the meeting at 8:00 p.m. , Mayor Pro -Tem ATTEST: :: 02 -16 -2016 Minutes Page - 4 - Agenda No. 2 CITY COUNCIL MEMORANDUM City Council Meeting: February 23, 2016 Department: Subject: M 11 I O Xl1 Zl111►`I7 Goal Development Services Ordinance No. 16 -C -04 — Consideration . and /or action approving an Ordinance amending the Schertz Code of Ordinances Chapter 18, Buildings and Building Regulations, Article 1, In General, Section 18 Inspections and Article III, International Residential Code for One and Two Family Dwellings R1052, Work Exempt from Permits. Final Reading (B. James /G. Durant) Staff has determined a need to revise the current building codes with regard to the permitting requirements for fences and sheds. Staff presented the proposed changes regarding fences and sheds to the Planning and Zoning Commission for their input on the change. The change to the permitting requirements section is generally to not require a permit for the replacement of residential fences with like for like fences and to not require a permit for sheds that are not greater than 120 square feet and that can be moved. Staff will evaluate the impact of the proposed changes for six months and provide an update to the City Council and Planning and Zoning Commission. During the February 9, 2016 City Council meeting it was recommended by Staff the Council not act on the proposed changes to the building code dealing with special inspections to allow Staff additional time to work on these change. Ordinance 16 -C -04 has been modified to eliminate the changes dealing with special inspections. Staff will resubmit these to City Council at a future date. Community Benefit Improve the efficiency of the City's permitting and inspection process. City Council Memorandum Page 2 Summary of Recommended Action Staff recommends approval of the proposed changes to not require permits for fences and sheds meeting certain requirements. Approval of Ordinance 16-C-04 on final reading. ATTACHMENT Ordinance No. 16-C-04 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AMENDING THE CODE OF ORDINANCES OF THE CITY OF SCHERTZ CHAPTER 18, BUILDINGS AND BUILDING REGULATIONS, ARTICLE III, INTERNATIONAL RESIDENTIAL CODE FOR ONE AND TWO FAMILY DWELLINGS, R1052. WORK EXEMPT FROM PERMITS. WHEREAS, the Texas Local Governmental Code empowers the cities to enact building codes and regulations and provide for their administration, enforcement, and amendment; and WHEREAS, the regulation of building and building construction by the City of Schertz (the "City ") is necessary to protect the public health and welfare; and WHEREAS, the City Council of the City desires to protect the safety and welfare of the citizens of the City through regulation of construction activities in the City; and WHEREAS, the City has recently updated the building codes by adopting the international codes and local amendments; and WHEREAS, City Staff has continued to evaluate the need for local amendments related the permit requirements for fences and sheds; and WHEREAS, City Staff sought input from the Planning and Zoning Commission on these local amendments; and WHEREAS, the City Council has determined that local amendments with regard to the permit requirements of fences and sheds, as set forth herein, is in the best interests of the City. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS: Section 1 Amendments. Chapter 18, `Buildings and Building Regulations ", Article III, "International Residential Code for One and Two Family Dwellings ", R1052, "Work Exempt From Permit ", is hereby amended to read as follows: ARTICLE III. - INTERNATIONAL RESIDENTIAL CODE FOR ONE AND TWO FAMILY DWELLINGS R105.2 Work exempt from permit. Exemptions from permit requirements of this code shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of this code or any other laws or ordinances of this jurisdiction. Permits shall not be required for the following: Building: 1. Water tanks supported directly upon grade if the capacity does not exceed 5,000 gallons and the ratio of height to diameter or width does not exceed two to one. 2. Painting, papering, tiling, carpeting, cabinets, counter tops and similar finish work. 3. Temporary motion picture, television and theater stage sets and scenery. 4. Shade cloth structures constructed for nursery or agricultural purposes, but not including service systems. 5. Swings and other temporary playground equipment accessory to one and two - family dwellings. 6. Window awnings supported by an exterior wall of R -3 - One and Two Family Dwellings as applicable in Section 101.2 and Group U occupancies of the International Building Code 2012 as defined in Chapter 3 - Use and Occupancy Classification. Movable cases, countertops and partition not over (5) five feet (9) nine inches in height. 7. One story detached accessory structures used as tool and storage sheds, playhouses, and similar uses on the same lot as a one or two family dwelling; provided the floor area is 120 square feet or less and the structure can be moved if necessary, except where located in a flood hazard area. a. The foundation for a detached accessory structure, storage sheds, playhouses and similar uses, if any, will require a flatwork permit; and the location and placement of the accessory structure shall comply with Article 8 of the Schertz Unified Development Code. b. Areas located in floodplain hazard areas will require permits. 8. Replacement Fences on the property of a one or two family dwelling, provided they comply with the following criteria, except where located in a flood hazard area. a. The fence complies with all of the applicable requirements of the City of Schertz Unified Development code including but not limited to height, location and materials. b. The replacement fence is in the same location, the same height and of the same materials as the fence being replaced (e.g., a 6' wood privacy fence for a 6' wood privacy fence or a 4' chain link fence for a 4' chain link fence). C. Foundations for arbors, if any, will require a flat work permit. The arbor shall not be located in any utility easement; and shall comply with the setback requirements of Article 8 of the Schertz Unified Development Code with the exception that an arbor may be attached to the main structure. d. Areas located in floodplain hazard areas will require permits. Electrical: 1. Normal maintenance work, such as replacement of lamps, sockets, fuses, drop cords, snap switches, or other similar minor repairs as may be permitted by the building official or designee or assigned inspector; 2. Connection of portable electrical equipment to suitable existing permanently installed receptacles. 3. Replacement of a motor of the same horsepower and rating and installation of pressure devices and similar controls, when the electrical supply for the same has been properly installed by a licensed electrician. 4. The provisions of this chapter shall not apply to electrical equipment used for radio and television transmission, but does apply to equipment and wiring for power supply and the installations of towers and antennas. Gas: 1. Portable heating appliance. 2. Replacement of any minor part that does not alter approval of equipment or make such equipment unsafe. Mechanical: 1. Portable heating appliance; 2. Portable ventilation equipment; 3. Portable cooling unit; 4. Steam, hot or chilled water piping within any heating or cooling equipment regulated by this chapter; 5. Replacement of any part which does not alter its approval or make it unsafe; 6. Portable evaporative cooler; 7. Self - contained refrigeration system containing ten pounds or less of refrigerant and actuated by motors of one horsepower or less. Plumbing: 1. The stopping of leaks in drains, water, soil, waste or vent pipe; provided, however, that if any concealed trap, drain -pipe, water, soil, waste or vent pipe becomes defective and becomes necessary to remove and replace the same with new material, such work shall be considered as new work and a permit shall be obtained and inspection made as provided in this chapter. 2. The clearing of stoppages or the repairing of leaks in pipes, valves or fixtures, and the removal and reinstallation of water closets, provided such involve or require the replacement or rearrangement of valves, pipes or fixtures. Section 3. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Ordinance for all purposes and are adopted as a part of the judgment and findings of the Council. Section 4. All ordinances and codes, or parts thereof, which are in conflict or inconsistent with any provision of this Ordinance are hereby repealed to the extent of such conflict, and the provisions of this Ordinance shall be and remain controlling as to the matters resolved herein. Section 5. That all rights and privileges of the City are expressly saved as to any and all violations of the provision of any ordinances repealed by this ordinance which have accrued at the time of the effective date of this Ordinances; and, as to such accrued violation and all pending litigation, both civil and criminal, whether pending in court or not, under such Ordinances, same shall not be affected by this Ordinance but may be prosecuted until final disposition by the courts. Section 6. If any provision of this Ordinance or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Ordinance and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City hereby declares that this Ordinance would have been enacted without such invalid provision. Section 7. It is officially found, determined, and declared that the meeting at which this Ordinance is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Ordinance, was given, all as required by Chapter 551, as amended, Texas Government Code. Section 8. This Ordinance shall be effective upon the date of final adoption hereof and any publication required by law. PASSED, AND APPROVED on final reading the 23rd day of February, 2016. PASSED, APPROVED AND ADOPTED on final reading the day of February, 2016. . Michael R. Carpenter, Mayor ATTEST: Brenda Dennis, City Secretary (SEAL OF THE CITY) lei II &W41110041IELVA104►/0]7_10111101 City Council Meeting: February 23, 2016 Department: EMS Agenda No. 3 Subject: Resolution No. 16-R-15 - EMS Accounts Receivables Adjustments BACKGROUND: Per City Policy, EMS is to bring our accounts receivables adjustments before City Council for proper accounting procedures to be accomplished by the Finance Department. FISCAL IMPACT The first adjustments we are requesting Council to make are on private pay accounts that have been referred to our collection agency (MVBA). These represent accounts that were sent to MVBA from September 1, 2015 through December 31, 2015. For this period we are requesting to remove $859,866.70 from our accounts receivables account. These funds, from 683 separate accounts will continue to be pursued and if recovered will be accounted for as miscellaneous revenue. The second adjustment comes from our internal billing procedures. Some of these are negotiated charge reductions, write -offs of co -pays for citizens in the cities we serve, bills of homeless patients who we cannot locate any longer, and bills of deceased patients who do not have insurance or estates from which to recover EMS charges for service. The amount of this category is $37,556.59 This period's total adjustments are $897,423.29. This is the first Account Receivable Adjustment of Fiscal Year 2016 out of a budgeted amount of $2,310,240. RECOMMENDATION Staff recommends Council approve Resolution No. 16 -R -15 ATTACHMENTS Resolution No. 16 -R -15 RESOLUTION NO. 16 -R -15 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING EMS DEBT REVENUE ADJUSTMENTS FOR INACTIVE OUTSTANDING ACCOUNTS RECEIVABLES AFTER 180 DAYS OF NON PAYMENT AND OTHER MATTERS IN CONNECTION THEREWITH WHEREAS, the City staff of the City of Schertz (the "City ") has recommended that the City maintains quarterly debt revenue adjustments for inactive outstanding accounts; and WHEREAS, the City Council has determined that it is in the best interest of the City that all inactive outstanding accounts after 180 days nonpayment will be sent to City Council for consideration of EMS Billing Debt Revenue Adjustments attached hereto as Exhibit A. (the "Account Receivable Adjustment Register "). BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS THAT: Section 1. The City Council hereby authorizes the EMS Billing Debt Revenue Adjustment on the write off audit register, in substantially the form set forth on Exhibit A Section 2. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Resolution for all purposes and are adopted as a part of the judgment and finding of the City Council. Section 3. All resolutions or parts thereof, which are in conflict or inconsistent with any provision of this Resolution are hereby repealed to the extent of such conflict, and the provisions of this Resolution shall be and remain controlling as to the matters resolved herein. Section 4. This Resolution shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 5. If any provision of this Resolution or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Resolution and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City Council hereby declares that this Resolution would have been enacted without such invalid provision. Section 6. It is officially found, determined, and declared that the meeting at which this Resolution is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Resolution, was given, all as required by Chapter 551, Texas Section 7. This Resolution shall be in force and effect from and after its final passage, and it is so resolved. PASSED AND ADOPTED, this 23rd day of February, 2016. CITY OF SCHERTZ, TEXAS Mayor Michael R. Carpenter City Secretary, Brenda :Dennis (CITY SEAL) Exhibit A EMS Account Receivable Adjustment Register September 1, 2015 — December 31, 2015 PRIVATE PAY EMS COLLECTION ACCOUNTS: Collection accounts with Collection Agency (09/01/15 — 12/31/15): $859,866.70 1 pla L-j ama lerel 0 Ole Bill $I a n &VA plet I] Wn III In fal pla a Revenue adjustments by EMS Billing (09/01/15 — 12/31/15): $37,556.59 "HE iii illliii: ii� q:11i �� i il;� lyff�� 0 4 CITY COUNCIL MEMORANDUM City Council Meeting: February 23, 2016 Department: Subject: BACKGROUND Goal Agenda No. 4 Business Office /Utility Billing Resolution No. 16 -R -16 - Utility Billing Debt Revenue Adjustments Our goal is to ensure that our outstanding receivables are current. Community Benefit By exhausting all efforts to collect outstanding debts, this will insure the lowest possible rate to the community. Summary of Recommended Action It is the recommendation of the City Auditor to keep our receivables current. FISCAL IMPACT To ensure that our outstanding receivables are current, we are requesting to write -off $10,287.60 uncollectible Water, Sewer, Garbage, and Drainage Accounts. The amounts included in this request are for the period of January 1, 2015 through May 31, 2015. All collections efforts have been exhausted. Staff recommends City Council approve Resolution No. 16 -R -1.6 for the Write -Off amount of $10,287.60. ATTACHMENT Resolution No. 16 -R -16 Utility Billing Debt Revenue Adjustments RESOLUTION NO. 16 -R -16 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING UTILITY BILLING DEBT REVENUE ADJUSTMENTS FOR INACTIVE OUTSTANDING ACCOUNTS RECEIVABLES AFTER 180 DAYS OF NON PAYMENT AND OTHER MATTERS IN CONNECTION THEREWITH WHEREAS, the City staff of the City of Schertz (the "City ") has recommended that the City maintains quarterly debt revenue adjustments for inactive outstanding accounts; and WHEREAS, the City Council has determined that it is in the best interest of the City that all inactive outstanding accounts after 1.80 days nonpayment will be sent to City Council for consideration of Utility Billing Debt Revenue Adjustments attached hereto as "Exhibit A ". (the " Write Off Audit Register "). BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS THAT: Section 1. The City Council hereby authorizes Utility Billing Debt Revenue Adjustment on the write off audit register, in substantially the form set forth on "Exhibit A ". Section 2. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Resolution for all purposes and are adopted as a part of the judgment and finding of the City Council. Section 3. All resolutions or parts thereof, which are in conflict or inconsistent with any provision of this Resolution are hereby repealed to the extent of such conflict, and the provisions of this Resolution shall be and remain controlling as to the matters resolved herein. Section 4. This Resolution shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 5. If any provision of this Resolution or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Resolution and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City Council hereby declares that this Resolution would have been enacted without such invalid provision. Section 6. It is officially found, determined, and declared that the meeting at which this Resolution is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Resolution, was given, all as required by Chapter 551, Texas 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 23 t day of February 2016. CITY OF SCHERTZ, TEXAS Mayor Michael R. Carpenter ATTEST: City Secretary, Brenda Dennis (CITY SEAL) Agenda No. 5 CITY COUNCIL MEMORANDUM City Council Meeting: February 23, 2016 Department: Subject: BACKGROUND: Information Technologies Resolution No. 16 -R -13 Consideration and /or action approving a Resolution authorizing an amendment to the existing Agreement for the upgrading of Public Wi- Fi provided by Time Warner Cable to increase the bandwidth at the Schertz Senior Center at 608 Schertz Pkwy, which is the City's main hub for Public Wi -Fi, and other matters in connection therewith. The I.T. Dept. is charged with ensuring reliable and efficient services to staff and residents of our City. Part of our mandate is to provide reliable and responsive internet connectivity and Public Wi -Fi to support our various departments, staff, residents and vendors throughout the City. This connectivity provides the City with Public Wi -Fi for City Hall, the Civic Center, Council Chambers, Schertz Senior Center and the Aquatic Center. This service provides remote - access to staff, and acts as a conduit for most of our other business related web communications. The City has regularly been experiencing slow service and it is affecting staff, residents, vendors and training. The City currently utilizes Time Warner Cable (TWC) for internet services. The service is a 7Mbps x 512 kbps service. It no longer meets our current needs and does not allow for growth. The City therefore needs to upgrade its service. The proposed TWC contract will increase our bandwidth from 7 Mbps by 512kbps to a 50 mbps by 5 mbps (50x5) connection located at the Schertz Senior Center at 608 Schertz Pkwy(Hub for City Wide Wi -Fi). This increase will allow us meet our current demands for access. However, it is anticipated that demand for connectivity will continue to rise as the City continues to grow. As that demand increases additional bandwidth will become necessary, and the I.T. department will return to Council for authorization. The cost of the current service is $100.38 per month and the cost of the new service will be $239.99 per month. The I.T. Dept. is requesting approval of Resolution No. 16 -R -13 so that the City can amend our current contract with Time Warner Cable to provide the increased bandwidth. 50492900.1 City Council Memorandum Page 2 GOAL: To increase our bandwidth which provides services to staff, residents and vendors, in order to meet demands for reliable services. COMMUNITY BENEFIT: The increase will allows us to cover the current demand that services have on our existing systems, as well as the meeting the increasing demand from our staff and residents throughout the City. Acceptance of the Resolution 16 -R -13 to increase bandwidth with Time Warner Cable. FISCAL IMPACT The cost of the current service is $100.38 per month and the cost of the new service will be $239.99 per month, an increase of $1.39.61 per month. Funds are available for the remainder of this fiscal year in account 101 - 853 - 533300 I.T. General Fund Telephone /Landline. • 1• Approval of Resolution No. 16 -R -13 ATTACHMENT Resolution No. 16 -R -13 RESOLUTION NO. 16 -R -13 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING AN AMENDMENT TO THE EXISTING AGREEMENT FOR THE UPGRADING OF INTERNET SERVICES PROVIDED BY TIME WARNER CABLE TO SCHERTZ SENIOR CENTER AT 608 SCHERTZ PKWY - THE CITY'S MAIN HUB FOR PUBLIC WIFI SERVICES FROM A 7 MBPS SERVICE TO A 50 MBPS SERVICE TO INCREASE BANDWIDTH FOR PUBLIC USE, STAFF USE AND VENDOR USE, AND OTHER MATTERS IN CONNECTION THEREWITH WHEREAS, the City staff of the City of Schertz (the "City ") has recommended that the City enter into an Agreement with Time Warner Cable, relating to increased bandwidth for internet access to residents, staff and vendors throughout the City in the amount of $1,142.00 for the current fiscal year and $2,899.00 per year for both FY 16 -17 and FY 17 -18 and $966.40 for the FY 18 -19; and WHEREAS, this increase will allow us to meet the mandate that residents, staff and vendors internet access has on our network; and WHEREAS, the City Council has determined that it is in the best interest of the City to contract with Time Warner Cable pursuant to the agreement attached hereto as Exhibit A (the "Agreement ". The City Council hereby authorizes the City Manager to execute and deliver the Agreement with Time Warner Cable for increased bandwidth in substantially the form set forth on Exhibit A. Section 1. 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 2. 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 3. This Resolution shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 4. 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 5. 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. 50494755.1 Section 6. This Resolution shall be in force and effect from and after its final passage, and it is so resolved. PASSED AND ADOPTED, this 23rd day of February, 2016 CITY OF SCHERTZ, TEXAS Michael R. Carpenter, Mayor Brenda Dennis, City Secretary (CITY SEAL) 50494755.1 EXHIBIT A 50494755.1 A -1 Account Executive: Ruben Meza Phone: (956) 535 -0155 ext: Cell Phone: (956) 535 -0155 Fax: (956) 230 -0465 Email: ruben.meza @twcable.com Order # 6995146 Internet and Video Order Information For 608 SCHERTZ PKWY SCHERTZ TX 78154 Service Type High Speed Internet (HSD) Page 1 of 3 Business Name CITY OF SCHERTZ Customer Type: Existing Customer Federal Tax ID Tax Exempt Status Tax Exempt Certificate # Billing Address Attention To: Account Number 1400 Schertz Pkwy SCHERTZ TX 78154 8260140190104796 Billing Contact Billing Contact Phone Billing Contact Email Address Tammy Larence 210 619 -1187 tiawrence@schertz.com Authorized Contact Authorized Contact Phone Authorized Contact Email Address Technical Contact Technical Contact Phone Technical Contact Email Address Tammy Larence 210 619 -1187 tiawrence@schertz.com Internet and Video Order Information For 608 SCHERTZ PKWY SCHERTZ TX 78154 Service Type High Speed Internet (HSD) Page 1 of 3 New and Revised Services and Monthly Charges At 608 SCHERTZ PKWY , SCHERTZ TX 78154 Monthly Description Quantity Sales Price Recurring Total Contract Term Business Internet 50Mx5M 1 $239.99 $239.99 36 Months WiFi LAN Promotion 1 $0.00 $0.00 36 Months *Total $239.99 *Prices do not include taxes and fees. Page 2 of 3 Special Terms Electronic Signature Disclosure By signing and accepting below you are acknowledging that you have read and agree to the terms and conditions outlined in this document. Authorized Signature for Time Warner Cable Enterprises LLC Authorized Signature for Customer Printed Name and Title Date Signed Page 3 of 3 Printed Name and Title Date Signed Agenda No. 6 CITY COUNCIL MEMORANDUM City Council Meeting: February 23, 2016 Department: Subject: BACKGROUND: Information Technologies Resolution No. 16 -R -17 Consideration and /or action approving a Resolution authorizing the addition of new services to the existing agreement for the Live Oak Rd Data Center/ Disaster Recovery Site provided by Time Warner Cable, to allow internet services, to the City's Disaster Recovery site and other matters in connection therewith. The I.T. Dept. is charged with ensuring reliable and efficient services to staff and residents of our City. Part of our mandate is to provide reliable and responsive internet connectivity as well as the continued city services if the main city hall services were to be disrupted from weather or disaster. This new service will provide us with a second internet connection to be used primarily for access to our backup data center. The new service is a 50Mbps x 5Mbps service. The proposed TWC contract will provide a bandwidth of 50Mbps x 5 Mbps connection located at 1057 E. Live Oak. The cost of this service is a one -time fee of $ 150.00 and a recurring fee of $274.99 per month. As demand increases additional bandwidth will become necessary, and the I.T. department will return to Council for authorization. The I.T. Dept. is requesting approval of Resolution No. 16 -R -17 so that the City can amend our current contract with Time Warner Cable to provide the new offsite bandwidth services. GOAL: To provide a new bandwidth which provides services to staff and residents, in order to meet demands for reliable services. COMMUNITY BENEFIT: The service will allows us to continue essential city services should a disaster occur. 50492900.1 City Council Memorandum Page 2 Acceptance of the Resolution 16 -R -17 to provide a new internet service with Time Warner Cable. FISCAL IMPACT The cost of this service is a one -time fee of $150.00 and a recurring fee of $274.99 per month which is $3,299.88 per year, not including federal/state fees. Funds are available in account 101- 853- 533300 I.T. General Fund Telephone /Landline. STAFF RECOMMENDATION Approval of Resolution No. 16 -R -17 ATTACHMENT Resolution No. 16 -R -1.7 RESOLUTION NO. 16 -R -17 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING THE ADDITION OF NEW SERVICES TO THE EXISTING AGREEMENT FOR THE LIVE OAK RD DATA CENTER/DISASTER RECOVERY SITE PROVIDED BY TIME WARNER CABLE TO ALLOW INTERNET SERVICES TO THE CITY'S DISASTER RECOVERY SITE AT 1057 E. LIVE OAK WITH A 50 MBPS SERVICE, AND OTHER MATTERS IN CONNECTION THEREWITH WHEREAS, the City staff of the City of Schertz (the "City ") has recommended that the City enter into an Agreement with Time Warner Cable, relating to an additional service for internet access for use at our disaster recovery location for staff and vendors throughout the City in the amount of $2,374.00 for the current fiscal year and $3,336.00 per year for both FY 16 -17 and FY 17 -18 and $1,112.00 for the FY 18- 1.9; and WHEREAS, this service will allow us to meet the mandate for disaster recovery services to our staff and vendors; and WHEREAS, the City Council has determined that it is in the best interest of the City to contract with Time Warner Cable pursuant to the agreement attached hereto as Exhibit A (the "Agreement ". BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS THAT: The City Council hereby authorizes the City Manager to execute and deliver the Agreement with Time Warner Cable for increased bandwidth in substantially the form set forth on Exhibit A. Section 1. 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 2. 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 3. This Resolution shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 4. 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 5. 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. 50494755.1 Section 6. This Resolution shall be in force and effect from and after its final passage, and it is so resolved. PASSED AND ADOPTED, this 23rd day of February, 2016 CITY OF SCHERTZ, TEXAS Michael R. Carpenter, Mayor ATTEST: Brenda Dennis, City Secretary (CITY SEAL) 50494755.1 EXHIBIT A 50494755.1 A -1 Account Executive: Ruben Meza Phone: (956) 535 -0155 ext: Cell Phone: (956) 535 -0155 Fax: (956) 230 -0465 Email: ruben.meza @twcable.com Order # 7039340 Internet and Video Order Information For 1057 E Live Oak Rd Schertz TX 78154 Service Type High Speed Internet (HSD) Page 1 of 3 Business Name City of Schertz Customer Type: Federal Tax ID Tax Exempt Status Tax Exempt Certificate # Billing Address Attention To: Account Number 1400 Schertz Pkwy Schertz TX 78154 Billing Contact Billing Contact Phone Billing Contact Email Address John Kessel 210 619 -1000 jkessel@schertz.com Authorized Contact Authorized Contact Phone Authorized Contact Email Address John Kessel 210 619 -1000 jkessel@schertz.com Technical Contact Technical Contact Phone Technical Contact Email Address Tammy Lawrence 210 619 -1187 tiawrence@schertz.com Internet and Video Order Information For 1057 E Live Oak Rd Schertz TX 78154 Service Type High Speed Internet (HSD) Page 1 of 3 New and Revised Services and Monthly Charges At 1057 E Live Oak Rd , Schertz TX 78154 Monthly Description Quantity Sales Price Recurring Total Contract Term 5 Static IP 1 $35.00 $35.00 36 Months Business Internet 50Mx5M 1 $239.99 $239.99 36 Months WiFi LAN Promotion 1 $0.00 $0.00 36 Months *Total $274.99 *Prices do not include taxes and fees. One Time fees At 1057 E Live Oak Rd , Schertz TX 78154 Description Quantity Sales Price Total One -Time Installation Charge 1 $150.00 $150.00 Total $150.00 *Prices do not include taxes and fees. Page 2 of 3 Special Terms Electronic Signature Disclosure By signing and accepting below you are acknowledging that you have read and agree to the terms and conditions outlined in this document. Authorized Signature for Time Warner Cable Enterprises LLC Authorized Signature for Customer Printed Name and Title Date Signed Page 3 of 3 Printed Name and Title Date Signed Service Agreement Terms and Conditions le TIME WARNER CABLE - Business Class This Business Class Service Order, including all attached Work Orders and additional Terms and Conditions that are incorporated herein by this reference ( "Service Agreement "), dated 02/11/2016 (the "Effective Date "), is between customer identified below ( "Customer ") and Time Warner Cable ( "TWC or Operator "). Time Warner Cable Information Time Warner Cable Business Class Street: 2921 S Expressway 83 City: Harlingen State: TX Zip Code: 78551 Customer Information Customer Name Account Number City of Schertz Billing Address 1400 Schertz Pkwy Schertz TX 78154 Authorized Contact Phone John Kessel (210) 619 -1000 Billing Contact Phone John Kessel (210) 619 -1000 Customer Address(s) 1057 E Live Oak Rd , Schertz TX 78154 Service Agreement Contact: Ruben Meza Phone: (956) 535 -0155 Cell Phone: Fax: (956) 230 -0465 Federal Tax ID Fax Fax THIS TIME WARNER CABLE BUSINESS CLASS SERVICES AGREEMENT IS SUBJECT TO THE TIME WARNER CABLE BUSINESS CLASS SERVICES AGREEMENT TERMS AND CONDITIONS AVAILABLE AT WWW.TWCBC.COM /LEGAL, A COPY OF WHICH WILL BE PROVIDED TO CUSTOMER UPON REQUEST. SUCH TERMS AND CONDITIONS ARE INCORPORATED HEREIN BY THIS REFERENCE. BY EXECUTING THIS TIME WARNER CABLE BUSINESS CLASS SERVICES AGREEMENT WHERE INDICATED BELOW, CUSTOMER ACKNOWLEDGES THAT (1) CUSTOMER ACCEPTS AND AGREES TO BE BOUND BY ALL SUCH TERMS AND CONDITIONS, INCLUDING SECTION 21 THEREOF, WHICH PROVIDES THAT THE PARTIES DESIRE TO RESOLVE DISPUTES RELATING TO THE TIME WARNER BUSINESS CLASS SERVICES AGREEMENT THROUGH ARBITRATION; AND (2) BY AGREEING TO ARBITRATION, CUSTOMER IS GIVING UP VARIOUS RIGHTS, INCLUDING THE RIGHT TO TRIAL BY JURY. Electronic Signature Disclosure By signing and accepting below you are acknowledging that you have read and agree to the terms and conditions outlined in this document. Authorized Signature for Time Warner Cable Authorized Signature for Customer Printed Name and Title Printed Name and Title Date Signed Date Signed Page 1 of 1 Service Agreement �p TIME VMRNERCASLIE Business Class This Time Warner Cable Business Class Service Agreement ("Service Agreement") in addition to the Time Warner Cable Business Qaoa Terms and Conditions ("Terms and Conditions") and any Time Warner Cable Business Oaaa Service Orders (each, a "Service Ondar^), constitute the Master Agreement by and between customer identified below ("Customer") and Time Warner Cable ("TVVC" or "Operator") and is effective as of the date last signed below. Time Warner CamemmprisesuLC Street: 2921 S Expressway 83 Harlingen State: TX Zip Code: 78551 Customer Name (Exact Legal Nome): City of Schertz Contact: Ruben Meza Telephone: (X56)535-0155 Facsimile: (95O)230-0405 Federal |ONo: Billing Address: Suite: City: State: Zip Code: Billing Contact Name: Phone: E-mail: John Kessel (210) 619-1000 jkessel@schertz.com Authorized Contact Name: Phone: E-mail: John Kessel (210) 619-1000 ikessel(@schertz.corn THIS SERVICE AGREEMENT HEREBY INCORPORATES BY REFERENCE THE TERMS AND CONDITIONS (AVAILABLE AT WWW.TWCBC.COM/LEGAL), A COPY OF WHICH WILL BE PROVIDED TO CUSTOMER UPON REQUEST. BY EXECUTING THIS SERVICE AGREEMENT BEL{}VV, CUSTOMER ACKNOWLEDGES THAT: (1)CUSTOMER ACCEPTS AND AGREES TO BE BOUND BY THE TERMS AND CONDITIONS, INCLUDING SECTION 21 THEREOF, WHICH PROVIDES THAT THE PARTIES DESIRE TO RESOLVE DISPUTES RELATING TO THE TIME VVARNER CABLE BUSINESS CLASS SERVICES AGREEMENT THROUGH ARBITRATION; AND (2) BY AGREEING TO ARBITRATION, CUSTOMER |S GIVING UP VARIOUS RIGHTS, INCLUDING THE RIGHT TO TRIAL BYJURY. By signing and accepting below you are acknowledging that you have read and agree to the terms and conditions outlined in this document. Electronic Signature Disclosure Authorized Signature for Time Warner Cable Enterprises LLC Authorized Signature for Customer Name (printed): Name (printed): Title: Title: Date: Date: Agenda No. 7 City Council Meeting: February 23, 2016 Department: IT Subject: Resolution 16 -R -18 - Software Maintenance Agreement with Environmental Systems Research Institute, Inc. for GIS mapping software BACKGROUND The City previously entered into a software maintenance agreement with Environmental Systems Research Institute, Inc. for GIS mapping software in 2013. The current agreement is due to expire in 2016, and the City desires to renew the maintenance agreement for another three -year term. The cost of a three -year small enterprise license agreement (ELA) for county and municipalities is $35,000 per year, or $105,000 for the contract term. The ELA will provide numerous benefits to the City as multiple departments rely on the ESRI software for their day to day operations, such as Planning & Zoning, Development Service, Public Works and the Marshals. FISCAL IMPACT The cost of a three -year small enterprise license agreement (ELA) for county and municipalities is $35,000 per year, or $105,000 for the contract term. Funds are budgeted and available in 101- 853- 532360 Software Maint -Dept. Specific. RECOMMENDATION Staff recommends Council approve Resolution 16 -R -18 to enter into an enterprise license agreement for GIS software maintenance. ATTACHMENT(S) Resolution No. 16 -R -18 Exhibit A: Enterprise License Agreement RESOLUTION NO. 16 -R -18 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING A SOFTWARE MAINTENANCE AGREEMENT WITH ENIVIRONMENTAL SYSTEMS RESEARCH INSTITUTE, INC. FOR GIS SOFTWARE, AND OTHER MATTERS IN CONNECTION THEREWITH WHEREAS, the City of Schertz (the "City ") previously entered into a software maintenance agreement with Environmental Systems Research Institute, Inc. for GIS mapping software in 2013, the City desires to renew the maintenance agreement for another three -year term; and WHEREAS, the cost of a three -year small enterprise license agreement for county and municipalities is $35,000 per year, or $105,000 for three years; and WHEREAS, it is of benefit to the City to renew the agreement because it will provide a lower cost per unit for licensed software, there will be substantially reduced administrative and procurement expenses, and software support will allow departments to function more efficiently; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS Section 1. The City Council hereby authorizes the City Manager to execute and deliver the Agreement in substantially the form set forth on Exhibit A. Section 2. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Resolution for all purposes and are adopted as a part of the judgment and findings of the City Council. Section 3. All resolutions, or parts thereof, which are in conflict or inconsistent with any provision of this Resolution are hereby repealed to the extent of such conflict, and the provisions of this Resolution shall be and remain controlling as to the matters resolved herein. Section 4. This Resolution shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 5. If any provision of this Resolution or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Resolution and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City Council hereby declares that this Resolution would have been enacted without such invalid provision. Section 6. It is officially found, determined, and declared that the meeting at which this Resolution is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Resolution, was given, all as required by Chapter 551, Texas Government Code, as amended. Section 7. This Resolution shall be in force and effect from and after its final passage, and it is so resolved. PASSED AND ADOPTED, this _ day of _, 2016. CITY OF SCHERTZ, TEXAS Michael R. Carpenter, Mayor Brenda Dennis, City Secretary (CITY SEAL) 50234811.1 EXHIBIT A GI! ' 50234811.1 A -1 i� ABM January 28, 2016 Mr. Antonio McFalls City of Schertz 1400 Schertz Pkwy Ste 1 Schertz, TX 78154 Dear Antonio, The Esri Small Municipal and County Government Enterprise License Agreement (ELA) is a three -year agreement that will grant your organization access to Esri® term license software on an unlimited basis including maintenance on all software offered through the ELA for the term of the agreement. The ELA will be effective on the date executed and will require a firm, three -year commitment. Based on Esri's work with several organizations similar to yours, we know there is significant potential to apply geographic information system (GIS) technology in many operational and technical areas within your organization. For this reason, we believe that your organization will greatly benefit from an enterprise license agreement. An ELA will provide your organization with numerous benefits including: • A lower cost per unit for licensed software • Substantially reduced administrative and procurement expenses • Maintenance on all Esri software deployed under this agreement • Complete flexibility to deploy software products when and where needed The following business terms and conditions will apply: IN All current departments, employees, and in -house contractors of the organization will be eligible to use the software and services included in the ELA. ■ If your organization wishes to acquire and /or maintain any Esri software during the term of the agreement that is not included in the ELA, it may do so separately at the Esri pricing that is generally available for your organization for software and maintenance. ■ The organization will establish a single point of contact for orders and deliveries and will be responsible for redistribution to eligible users. ■ The organization will establish a Tier 1 support center to field calls from internal users of Esri software. The organization may designate individuals as specified in the ELA who may directly contact Esri for Tier 2 technical support. ■ The organization will provide an annual report of installed Esri software to Esri. 380 New York Street 904 793 2853 Redlands, California 92373 -81007 USA info@esri.com rsri.com ■ Esri software and updates that the organization is licensed to use will be automatically available for downloading. ■ The organization will act as an Esri reference site and will permit Esri to publicize its use of Esri software and services. ■ The fee and benefits offered in this ELA proposal are contingent upon your acceptance of Esri's Small Municipal and County Government ELA terms and conditions. ■ Licenses are valid for the term of the ELA. This program offer is valid for 90 days. To complete the agreement within this time frame, please contact me within the next seven days to work through any questions or concerns you may have. To expedite your acceptance of this ELA offer: 1. Sign and return the whole agreement per the instructions in the terms and conditions. 2. On the first page of the ELA, identify the central point of contact /agreement administrator. The agreement administrator is the party that will be the contact for management of the software, administration issues, and general operations. Information should include name, title (if applicable), address, phone number, and e -mail address. 3. In the purchase order, identify the "Ship to" and "Bill to" information for your organization. 4. Send the purchase order and agreement to the address, email or fax noted below: Esri Attn: Customer Service SG -ELA 380 New York Street Redlands, CA 92373 -8100 e -mail: service @esri.com fax documents to: 909 -307 -3083 I appreciate the opportunity to present you with this proposal, and I believe it will bring great benefits to your organization. Thank you very much for your consideration. Best Regards, Robyn Garrett r Barrett a csrl,c cyan 704 -541 -9810 *1 -8640 Small Government ELA esno 0 Quotation # 20481998 Date: January 28, 2016 ENVIRONMENTAL SYSTEMS RESEARCH INSTITUTE, INC. Customer # 279580 Contract # 3325 Springbank Ln, Ste 200 Charlotte, NC 28226 -3343 City of Schertz Phone: (704) 541 -9810 Fax: (704) 541 -7620 GIS Dept DUNS Number: 06- 313 -4175 CAGE Code: OAMS3 1400 Schertz Pkwy Ste 1 Schertz, TX 78154 To expedite your order, please attach a copy of ATTENTION: Antonio McFalls this quotation to your purchase order. Quote is valid from: 0112812016 To: 0412712016 PHONE: (210) 619 -1184 FAX: 210- 659 -3204 Material Qty Description Unit Price Total 110036 1 Populations of 25,001 to 50,000 Small Government Term Enterprise 35,000.00 35,000.00 License Agreement -2016 payment 110036 1 Populations of 25,001 to 50,000 Small Government Term Enterprise 35,000.00 35,000.00 License Agreement -2017 payment 110036 1 Populations of 25,001 to 50,000 Small Government Term Enterprise 35,000.00 35,000.00 License Agreement -2018 payment Item Total: 105,000.00 Subtotal: 105,000.00 Sales Tax: 0.00 Estimated Shipping & Handling(2 Day Delivery) : 0.00 Contract Pricing Adjust: 0.00 Total: $105,000.00 This quote is for renewing the current SGELA contract # 2013SGE3016 for another three years. The current contract is set to expire on 4/19/2016. Esri may charge a fee to cover expenses related to any customer requirement to use a proprietary vendor management, procurement, or invoice program. For questions contact: Robyn Garrett Email: raarrett @esri.com Phone: (704)541-9810x8640 The items on this quotation are subject to the terms set forth herein and the terms of your signed agreement with Esri, if any, or, where applicable, Esri's standard terms and conditions at www.esri.com /legal, which are incorporated by reference. Federal government entities and government prime contractors authorized under FAR 51.1 may purchase under the terms of Esri's GSA Federal Supply Schedule. Acceptance is limited to the terms of this quotation. Esri objects to and expressly rejects any different or additional terms contained in any purchase order, offer, or confirmation sent to or to be sent by buyer. All terms of this quotation will be incorporated into and become part of any additional agreement regarding Esri's products and services. if sending remittance, please address to: Esri, File No. 54630, Los Angeles, Ca 90074 -4630 GARRETTR This offer is limited to the terms and conditions incorporated and attached herein. Esri Use Only: Cust. Name _ Cust. # PO # Esri Agreement # Esri, 380 New York St., Redlands, CA 92373 -8100 USA • TEL 909 - 793 -2853 • FAX 909 - 793 -5953 SMALL ENTERPRISE LICENSE AGREEMENT El ENT COUNTY AND MUNICIPALITY (E214 -2) This Agreement is by and between the organization identified in the Quotation ( "Licensee ") and Environmental Systems Research Institute, Inc. ( "Esri"). This Agreement sets forth the terms for Licensee's use of Products and incorporates by reference (i) the Quotation and (ii) the License Agreement. Should there be any conflict between the terms and conditions of the documents that comprise this Agreement, the order of precedence for the documents shall be as follows: (i) the Quotation, (ii) this Agreement, and (iii) the License Agreement. This Agreement shall be governed by and construed in accordance with the laws of the state in which Licensee is located without reference to conflict of laws principles, and the USA federal law shall govern in matters of intellectual property. The modifications and additional rights granted in this Agreement apply only to the Products listed in Table A. Table A Dist of Products Uncapped Quantities Desktop Software and Extensions ArcGIS for Desktop Advanced ArcGIS for Desktop Standard ArcGIS for Desktop Basic ArcGIS for Desktop Extensions: ArcGIS 3D Analyst, ArcGIS Spatial Analyst, ArcGIS Geostatistical Analyst, ArcGIS Publisher, ArcGIS Network Analyst, ArcGIS Schematics, ArcGIS Workflow Manager for Desktop, ArcGIS Data Reviewer Server Software and Extensions ArcGIS for Server Workgroup and Enterprise (Advanced, Standard, and Basic) ArcGIS for Server Extensions: ArcGIS 3D Analyst, ArcGIS Spatial Analyst, ArcGIS Geostatistical Analyst, ArcGIS Network Analyst, ArcGIS Schematics, ArcGIS Workflow Manager for Server, ArcGIS Image Extension for Server Developer Tools ArcGIS Engine ArcGIS Engine Extensions: ArcGIS 3D Analyst, ArcGIS Spatial Analyst, ArcGIS Engine Geodatabase Update, ArcGIS Network Analyst, ArcGIS Schematics ArcGIS Runtime Standard ArcGIS Runtime Standard Extensions: ArcGIS 3D Analyst, ArcGIS Spatial Analyst, ArcGIS Network Analyst Limited Quantities One (1) Annual Subscription to Esri Developer Network (EDN) Standard* One (1) Esri CityEngine Advanced Single Use License One (1) Esri CityEngine Advanced Concurrent Use License One (l) ArcGIS Online Subscription One (1) Portal for ArcGIS Subscription OTHER BENEFITS One (1) ArcGIS Online subscription with specified named users and credits as determined in the program description Level 3 One (1) Portal for ArcGIS term subscription with specified named users as determined in the program description Level 3 Number of Esri User Conference registrations provided annually 3 Number of Tier 1 Help Desk individuals authorized to call Esri 3 Maximum number of sets of backup media, if requested" * 2 Virtual Campus Annual User License allowance 7,500 Five percent (5 %) discount on all individual commercially available instructor -led training classes at Esri facilities purchased outside this Agreement (Discount does not apply to Small Enterprise Training Package.) * Maintenance is not provided for these items. * *Additional sets of backup media may be purchased for a fee. Page 1 of 5 12.1.2015 Licensee may accept this Agreement by signing and returning the whole Agreement with a sales quotation, purchase order, or other document ( "Ordering Document ") that matches the Quotation and references this Agreement. ADDITIONAL OR CONFLICTING TERMS IN LICENSEE'S ORDERING DOCUMENT WILL NOT APPLY, AND THE TERMS OF THIS AGREEMENT WILL GOVERN. Unless otherwise mutually agreed to, this Agreement is effective as of the date of the last signature on the signature page ( "Effective Date ") or, if no date is provided with the signature, the date of Esri's receipt of Licensee's Ordering Document incorporating this Agreement by reference. Term of Agreement: 3 years This Agreement supersedes any previous agreements, proposals, presentations, understandings, and arrangements between the parties relating to the licensing of the Products. Except as provided in Article 4— Product Updates, no modifications can be made to this Agreement. Accepted and Agreed: (Licensee) By: Authorized Signature Printed Name: Title: Date: Contact: Address: City, State, Postal Code: Country: Quotation Number (if applicable): LICENSEE CONTACT LN 'ORNIA"T ON Telephone: Fax: E -mail: Page 2 of 5 12.1.2015 1.0 ADDITIONAL DF"FINITIONS In addition to the definitions provided in the License Agreement, the following definitions apply to this Agreement: "Deploy ", "Deployed" and "Deployment" mean to redistribute and install the Products and related Authorization Codes within Licensee's organization(s) "Fee" means the fee set forth in the Quotation. "Incident" means a failure of the Software or Online Services to operate according to the Documentation where such failure substantially impacts operational or functional performance. "License Agreement" means (i) the applicable license agreement incorporated by this reference that is found at htt : / /www.esri.com/le al/software- license; composed of the General License Terms and Conditions (E204) and Exhibit 1, Scope of Use (E300); and available in the installation process requiring acceptance by electronic acknowledgment or (ii) a signed license agreement between the parties that supersedes such electronically acknowledged license agreement. "Maintenance" means Tier 2 Support, Product updates, and Product patches provided to Licensee during the term of this Agreement. "Product(s)" means the products identified in Table A— List of Products and any updates to the list Esri provides in writing. "Quotation" means the offer letter and quotation provided separately to Licensee. "Technical Support" means the technical assistance for attempting resolution of a reported Incident through error correction, patches, hot fixes, workarounds, replacement deliveries, or any other type of Product corrections or modifications. "Tier 1 Help Desk" means Licensee's point of contact(s) to provide all Tier 1 Support within Licensee's organization(s). "Tier 1 Support" means the Technical Support provided by the Tier 1 Help Desk. "Tier 2 Support" means the Technical Support provided to the Tier 1 Help Desk when an Incident cannot be resolved through Tier 1 Support. Licensee will receive Tier 2 Support from Esri. 2.0.......ADDITIONAL Gt A T o, LICENSE 11 Grant of License. Subject to the terms and conditions of this Agreement, Esri grants to Licensee a personal, nonexclusive, nontransferable license solely to use, copy, and Deploy quantities of the Products listed in Table A —List of Products for the term provided on the first page (i) for the applicable Fee and (ii) in accordance with the License Agreement. 12 Consultant Access. Esri grants Licensee the right to permit Licensee's consultants or contractors to use the Products exclusively for Licensee's benefit. Licensee will be solely responsible for compliance by consultants and contractors with this Agreement and will ensure that the consultant or contractor discontinues use of Products upon completion of work for Licensee. Access to or use of Products by consultants or contractors not exclusively for Licensee's benefit is prohibited. Licensee may not permit its consultants or contractors to install Software or Data on consultant, contractor, or third - party computers or remove Software or Data from Customer locations, except for the purpose of hosting the Software or Data on Contractor Servers for the benefit of Licensee. 4— TERM, T tfMtNA°t IO , AND EXPIRATION 3.1 Term. The term of this Agreement and all licenses hereunder will commence on the Effective Date and continue for the duration identified on the signature page, unless this Agreement is terminated earlier as provided herein. Licensee is only authorized to use Products during the term of this Agreement. For an Agreement with a limited term, Esri does not grant Licensee an indefinite or perpetual license to Products. 3.2 No Use upon Agreement Expiration or Termination. All Product licenses and all Maintenance, Esri Virtual Campus access, and Esri User Conference registrations terminate on expiration or termination of this Agreement. 3.3 Termination for a Material Breach. Either party may terminate this Agreement for a material breach by the other party. The breaching party will be given a period of thirty (30) days from the date of written notice to cure any material breach. 3.4 Termination for Lack of Funds. For an Agreement with government or government -owned entities, either party may terminate this Agreement before any subsequent year if Licensee is unable to secure Page 3 of 5 12.1.2015 funding through the legislative or governing body's 4. The Tier 1 Help Desk will be the initial points of approval process. contact for all questions and reporting of an Incident. The Tier 1 Help Desk will obtain a full description of each reported Incident and the . ---- I oi)[7CT r UPDATES system configuration from the user. This may include obtaining any customizations, code .1 Future Updates. Esri reserves the right to update the samples, or data involved in the Incident. The list of Products in Table A —List of Products by Tier 1 Help Desk may also use any other providing written notice to Licensee. Licensee may information and databases that may be developed continue to use all Products that have been Deployed, to satisfactorily resolve the Incident. but support and upgrades for deleted items may not be available. As new Products are incorporated into 5. If the Tier 1 Help Desk cannot resolve the the standard program, they will be offered to Incident, an authorized Tier 1 Help Desk Licensee via written notice for incorporation into the individual may contact Tier 2 Support. The Products schedule at no additional charge. Licensee's Tier 1 Help Desk will provide support in such a use of new or updated Products requires Licensee to way as to minimize repeat calls and make adhere to applicable additional or revised terms and solutions to problems available to Licensee. conditions of the License Agreement. him Tier 1 Help Desk individuals are the only 4.2 Product Life Cycle. During the term of this individuals authorized to contact Tier 2 Support. Agreement, some Products may be retired or may no Licensee may change the Tier 1 Help Desk longer be available to Deploy in the identified individuals by written notice to Esri. quantities. Maintenance will be subject to the individual Product Life Cycle Support Status and b. Tier 2 Support Product Life Cycle Support Policy, which can be found at bttp : / /support.esri.com /enlcontent 1. Tier 2 Support will log the calls received from /productlifecycles. Updates for Products in the Tier 1 Help Desk. mature and retired phases may not be available. Licensee may continue to use Products already 2. Tier 2 Support will review all information Deployed for the term of this Agreement, but collected by and received from the Tier 1 Help Licensee will not be able to Deploy retired Products. Desk including preliminary documented troubleshooting provided by the Tier 1 Help 5.0-MAINTENANCE Desk when Tier 2 Support is required. The Fee includes standard maintenance benefits specified in the most current applicable Esri Standard Maintenance Program document (found at http: / /www.esri.com /legal). At Esri's sole discretion, Esri may make patches, hot fixes, or updates available for download. No Software other than the defined Products will receive Maintenance. Licensee may acquire maintenance for other Software outside this Agreement. a. Tier 1 Support 1. Licensee will provide Tier 1 Support through the Tier 1 Help Desk to all Licensee's authorized users. 2. The Tier 1 Help Desk will be fully trained in the Products. . At a minimum, Tier 1 Support will include those activities that assist the user in resolving how -to and operational questions as well as questions on installation and troubleshooting procedures. 3. Tier 2 Support may request that Tier 1 Help Desk individuals provide verification of information, additional information, or answers to additional questions to supplement any preliminary information gathering or troubleshooting performed by Tier 1 Help Desk. . Tier 2 Support will attempt to resolve the Incident submitted by Tier I Help Desk. 5. When the Incident is resolved, Tier 2 Support will communicate the information to Tier 1 Help Desk, and Tier 1 Help Desk will disseminate the resolution to the user(s). 6. — NDORSE EN'T AND PUBLICITY This Agreement will not be construed or interpreted as an exclusive dealings agreement or Licensee's endorsement of Products. Either party may publicize the existence of this Agreement. Page 4 of 5 12.1.2015 7.0 ADMINISTRATIVE" RATIV ; I °MEET 7.1 OEM Licenses. Under Esri's OEM or Solution OEM programs, OEM partners are authorized to embed or bundle portions of Esri products and services with their application or service. OEM partners' business model, licensing terms and conditions, and pricing are independent of this Agreement. Licensee will not seek any discount from the OEM partner or Esri based on the availability of Products under this Agreement. Licensee will not decouple Esri products or services from the OEM partners' application or service. 7.2 Annual Report of Deployments. At each anniversary date and ninety (90) calendar days prior to the expiration date of this Agreement, Licensee will provide Esri with a written report detailing all Deployments. Upon request, Licensee will provide records sufficient to verify the accuracy of the annual report. 8.0—ORDERING, ADMI ISTRATIVE PROCEDURES, RES, ELIVERY,, AND EI'1,OYME T 8.1 Orders, Delivery, and Deployment a.. Licensee will issue an Ordering Document upon execution of this Agreement and annually thereafter in accordance with the Quotation. Payment will be due and payable within thirty (30) calendar days of the anniversary date of the Effective Date, with the initial payment due within thirty (30) calendar days of execution of this Agreement. Esri's federal ID number is 95 -2775 -732. b. Upon receipt of the initial Ordering Document from Licensee, Esri will authorize download of the Products to Licensee for Deployment. If requested, Esri will ship backup media to the ship -to address identified on the Ordering Document, FOB Destination, with shipping charges prepaid. For those entities that avoid sales tax by downloading deliverables, request for delivery or receipt of tangible media may cause the Fee to be subject to taxes. Licensee acknowledges that should such taxes become due, Esri has a right to invoice and Licensee will pay any such sales or use tax associated with its receipt of tangible media. c. Esri will provide Authorization Codes to activate the nondestructive copy protection program that enables the Products to operate. 8.2 Order Requirements a. All orders pertaining to this Agreement will be processed through Licensee's centralized point of contact. b. The following information will be included in each Ordering Document: (1) Licensee name; Esri customer number, if known; and bill -to and ship -to addresses (2) Order number (3) Applicable annual payment due 9.0—MERGERS, A QuisiTiON , OR DIVES'FITURES If Licensee is a commercial entity, Licensee will notify Esri in writing in the event of (i) a consolidation, merger, or reorganization of Licensee with or into another corporation or entity; (ii) Licensee's acquisition of another entity; or (iii) a transfer or sale of all or part of Licensee's organization (subsections i, ii, and iii, collectively referred to as "Ownership Change "). There will be no decrease in Fee as a result of any Ownership Change. 9,'1 If an Ownership Change increases the cumulative program count beyond the maximum level for this Agreement, Esri reserves the right to increase the Fee or terminate this Agreement and the parties will negotiate a new agreement. 9.2 If an Ownership Change results in transfer or sale of a portion of Licensee's organization, that portion of Licensee's organization will uninstall, remove, and destroy or transfer the Products to Licensee. 9.3 This Agreement may not be assigned to a successor entity as a result of an Ownership Change unless approved by Esri in writing in advance. If the assignment to the new entity is not approved, Licensee will require any successor entity to uninstall, remove, and destroy the Products, and this Agreement will terminate upon such Ownership Change. Page 5 of 5 12.1.2015 Lone Star Rail District Update On February 1.0, 2016, The San Antonio Express News published a story about Union Pacific Railroad notifying the Lone Star Rail District (LSRD) of its decision to discontinue the current memorandum of understanding (MOU) with the Lone Star Rail District. Attached are a copy of that February 10, 2016 San Antonio Express News article and a response from the LSRD. Per the City's interlocal agreement with the LSRD, if within six years (January 1, 2022) the LSRD does not have an agreement with Union Pacific for transfer of ownership of UP's existing rail right of way to or for the benefit of the LSRD the agreement may be terminated and all funds in the Tax Increment Fund will be available to the City. fl February 16, 2016 Dear Councilmember, Lone Star Rail T 512-558-7360 PO Box 1618 F 512-558-7365 San Marcos, TX 78667 vAmloneStarRaiLcom As you may be aware, Union Pacific recently notified the Lone Star. Rail District of its decision to discontinue the current memorandum of understanding (MOU) that has guided our discussions with them for the past several years. Our position is that now is not the time to step back, it's a time for us all to step up. We have, therefore, requested a meeting with Union Pacific upper management to better understand their perspective and circumstances. Additionally, it's important to keep this in a proper perspective that includes the following: 1) The Lone Star Rail District was created to help find meaningful solutions to our region's mobility issues. To that end, we have brought together 21 governmental jurisdictions representing more than 4.5 million constituents, the federal government, the Texas Department of Transportation, two metropolitan planning organizations, and hundreds of interested parties to support our mission. Collaboration with every entity and person who can make a contribution to our work is important and is, therefore, our continued focus. 2) The Lone Star Rail District is in the middle of an environmental impact study (EIS) as required by the National Environmental Policy Act (NEPA). The NEPA process mandates that the Rail District assess all feasible alternatives for a proposed passenger rail system. Union Pacific's existing 1-35 corridor track has been only one of the alternatives being considered but other options are also being explored. We anticipate completing the EIS in 2017-2018. 3) For many years we have enjoyed productive discussions with Union Pacific about the mutual benefits our project represents for both the railway and our region. These discussions have taken place under non-binding terms and while UP's circumstances may be evolving, we are confident that the importance of this project to the communities we serve, as well as UP, will continue in a collaboration beneficial to all parties. We'll update you as new information is received. In the meantime, please contact me if you have any questions. Sincerely, S� Sid Covington, Chair Lone Star Rail District sm Pacific Union passenger train idea UP ends agreement to consider proposed route using freight tracks By Katherine Blunt, Staff riter I February 10, 2016 I Updated: February 11, 2016 9:2oam Photo: David McNew /Getty Images IMAGE I OF 2 Union Pacific pulled out of an agreement with the Lone Star Rail District to study the possibility of running passenger trains on one of its freight lines. The district has been planning to build a passenger .. more Union Pacific dealt a major blow to a proposal to connect San Antonio and Austin with passenger rail by pulling one of its tracks from a possible plan. UP ended its agreement with the Lone Star Rail District to study the feasibility of running passenger trains on a freight line that parallels Interstate 35. The idea underpinned the district's plans to build the passenger rail line, known as LSTAR, between San Antonio and Georgetown. The agreement, signed in 2010, allowed UP and the district to study the corridor and the possibility of relocating the freight line. But Jeff DeGraff, spokesman for Union Pacific, said the district's proposals didn't adequately address concerns about how the passenger rail would affect the company's freight operations. "We chose to cancel the (agreement) and move forward with other projects and other things we need to deal with," he said. "We just don't think they've been able to come up with an arrangement that's suitable for the needs of freight railroad as well as a passenger railroad." The plan for LSTAR involved using UP's freight line tracks to move passengers between San Antonio and Georgetown, with 19 stops along the way. The district has been studying routes for an alternate freight line east of 1-35. Even if the district built a new freight line, UP would still have to run some freight trains on the LSTAR tracks to serve existing customers, DeGraff said. "The idea of co-mingling freight and commuter rail on the same line is not a good idea, not something that's feasible, and we didn't feel the idea they came up with for realigning the tracks was something we could agree with," he said. Bill Bingham, an attorney with the Austin-based law firm McGinnis Lochridge, said UP announced its decision in letter Tuesday. His firm represents the district. "It was a bit of a surprise," he said. "We thought really that we had been able to answer any concerns they had as we were proceeding." The district is in the midst of an environmental impact study that examines several possible routes for the passenger train, and Bingham said it could revise the plan if the UP tracks stay off-limits. But the UP tracks were the district's best chance of advancing a proposal more than a decade in the making. "That is really not a good thing," said District 9 City Councilman Joe Krier, a longtime proponent of the passenger train. "You have to have an agreement with UP at some point to have access to their right of way." The decision could be a major setback in the district's plans to secure a public-private partnership to establish the service. Several cities, including San Antonio, have put money toward planning the train service, but the district lacks the $2.4 billion needed to build it and relocate the UP route. Bingham said the district hopes to meet with UP within the next week to better -understand the company's decision and concerns. "The LSTAR district has had a long and productive good-faith relationship with UP, and we would expect to continue our discussions," he said. DeGraff said UP is open to hearing the district's plans to move forward but has no intention to re-enter any sort of formal agreement at this time. "These are issues we raised at the onset, 55 he said. "We went into this with full cooperation, but we want to be able to address the needs of our customers because freight is vitally important across Texas." licblunt@express-news. net Twitter: @Icatherinebhtnt I It E A R S TV, RJA "14 0 (D 2016 Hearst Communications Inc.