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05-10-2016 Agenda with backupCity Council Agenda REGULAR SESSION CITY COUNCIL May 10, 2016,6:00 P.M. HAL BALDWIN MUNICIPAL COMPLEX COUNCIL CHAMBERS 1400 SCHERTZ PARKWAY BUILDING #4 SCHERTZ, TEXAS 78154 COMMUNITY.SERVICE.OPPORTUNITY City of Schertz Core Values _ Do the right thing Do the best you can Treat others the way you would want to be treated Work cooperatively with others First Responders and Patients Refreshments City Council Chambers Conference Room 5:30 p.m. .......... ... Call to Order — City Council Regular Session Openinj! Prayer and Pledges of Allegiance to the Flags of the United States and State of Texas. (Councilmember Thompson) City Events and Announcements • Announcements of upcoming City Events (B. James/D. Wait/S. Gonzalez) • Announcements and recognitions by City Manager (J. Kessel) Presentations: • Proclamation recognizing National Police Week. (Mayor Carpenter/Chief Hansen) • Presentation by the EMS Department regarding Cardiac Arrest Survivors. (D. Wait/J. Mabbit) • Proclamation recognizing National EMS Week. (Mayor Carpenter/J. Mabbitt) • Presentation regarding the Hal Baldwin Scholarship Award Recommendations. (J. Kessel/S. Gonzalez) 05-10-2016 Council Agenda 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. Workshop • Conduct a Public Hearing and presentation /discussion regarding the Woman Hollering PH Creek Wastewater Line Project. (B. James /K. Woodlee) 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 May 3, 2016. (J. Kessel /B.:Dennis) 2. Ordinance No. 1.6 -A -1.0 — Consideration and/or action approving an Ordinance by the City Council of the City of Schertz, Texas, providing for the extension of the boundary lines of the City of Schertz, Texas by the annexation of approximately 4.138 acres of land located in the William Bracken Survey No. 74, Abstract No. 43, Bexar County No. 5056, and the W. S. Bennett Survey No. 75, Abstract No. 61, Bexar County No. 5057, located all in Bexar County approximately 3,000 feet east of the intersection of FM 1518 and Ray Corbett Drive. Final Reading (B. James /:L. Wood/B. Cox) 3. Ordinance No. 16 -S -11 — Consideration and/or action approving an Ordinance by the City Council of the City of Schertz, Texas regarding a request to zone approximately 4.138 acres of land to Public Use District (PUB). The property is more specifically described as a portion of the William Bracken Survey No. 74, Abstract No. 43, Bexar County No. 5056, and the W.S. Bennett Survey No. 75, Abstract No. 61, Bexar County No. 5057, located all in Bexar County; located approximately 3,000 feet east of the intersection of FM 1518 and Ray Corbett Drive. Final Reading (B. James /L. Wood/B. Cox) 05 -10 -2016 City Council Agenda Page - 2 - 4. Ordinance No. 1.6 -S -12 — Consideration and /or action approving an Ordinance by the City Council of the City of Schertz, Texas on a request to rezone approximately 2.76 acres of land in the Verde Enterprise Business Park Planned Unit Development (.PUD) Ordinance 07 -S -14A to Planned Development District (PDD). The property is specifically Lot 1, Block 9 of the Verde Enterprise Business Park Unit 2 and is located at 17145 IH -35N in the City of Schertz, Guadalupe County, Texas. Final Reading (B. James /L. Wood /B. Cox) Discussion and Action Items 5. Boards, Commissions and Committee Member Appointments — Consideration and /or action ratifying the appointment of Ms. Shonale Burke to the Committee of Committees Advisory Board due to the resignation of Mr. Howson Lau. (B. Dennis /Mayor /Council) 6. Ordinance No. 16 -T -13 — Consideration and/or action approving an Ordinance authorizing the transfer of funds from the Tree Mitigation Fund to the Parks Tree Mitigation account for FY 2015 -16, repealing all Ordinances or parts of Ordinances in conflict with this ordinance. First Reading (B. James /C. VanZandt) 7. Resolution No. 16 -R -35 — Consideration and/or action approving a Resolution authorizing the approval of Interlocal Agreements with CCMA and SCUCISD for use of Tree Mitigation Funds. (B. James /C. VanZandt) 8. Ordinance No. 16 -D -07 — Consideration and/or action approving an Ordinance by the City Council of the City of Schertz Texas providing that the Code of Ordinances of the City of Schertz, Texas, be amended by revising Section 86- 1.1.5, Maximum limits generally on specific streets, adding the maximum speed limits for FM 1518 and changing the maximum speed limit on FM 2252. First Reading (B. James/K. Woodlee /C. Palomo) Roll Call Vote Confirmation Requests and Announcements 9. Announcements by City Manager • Citizen Kudos • Recognition of City employee actions • New Departmental initiatives 10. Future Agenda Item Request for City Council: This is an opportunity for City Council members to request that items be placed on a future agenda. No discussion of the merits of the item may be taken at this time. Should a Council Member oppose placement of the requested item on a future agenda, the .Mayor, without allowing discussion, shall ask for the consensus of the other City Council members to place or not place the item on a future agenda. 11. Announcements by Mayor and Councilmembers • City and community events attended and to be attended 05 -10 -2016 City Council Agenda Page - 3 - 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 12. Information available in City Council Packets - NO DISCUSSION TO OCCUR • Amended 2016 City of Schertz Master Calendar and Council Calendar. (J. Kessel /S. Gonzalez) 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 6th DAY OF MAY, 2016 AT 4:00 P.M. WHICH IS A PLACE READILY ACCESSIBLE TO THE PUBLIC AT ALL TIMES AND THAT SAID NOTICE WAS POSTED IN ACCORDANCE WITH CHAPTER 551, TEXAS GOVERNMENT CODE. Pwe vucO I�>evuvui s 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. If you require special assistance or have a request for sign interpretative services or other services please call 210 - 619 -1030. The City Council for the City of Schertz reserves the right to adjourn into executive session at any time during the course of this meeting to discuss any of the matters listed above, as authorized by the Texas Open Meetings Act. Executive Sessions Authorized: This agenda has been reviewed and approved by the City's legal counsel and the presence of any subject in any Executive Session portion of the agenda constitutes a written interpretation of Texas Government Code Chapter 551 by legal counsel for the governmental body and constitutes an opinion by the attorney that the items discussed therein may be legally discussed in the closed portion of the meeting considering available opinions of a court of record and opinions of the Texas Attorney General known to the attorney. This provision has been added to this agenda with the intent to meet all elements necessary to satisfy Texas Government Code Chapter 551.144(c) and the meeting is conducted by all participants in reliance on this opinion. 05 -10 -2016 City Council Agenda Page - 4 - 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 05 -10 -2016 City Council Agenda Page - 5 - Workshop [go 11WI City Council Meeting: May 10, 2016 Department: Engineering Subject: Workshop and Public Hearing — Response to Property Owner and Council Questions Regarding Woman Hollering Creek Wastewater Line Project BACKGROUND On April 12, 2016, Engineering and Public Works Staff briefed City Council on challenges being encountered during the process of requesting rights of entry to perform surveys along the proposed route of the Woman. Hollering Creek Wastewater Line. During that meeting, as well as at other times, a number of impacted property owners expressed concerns regarding the project process and potential impacts of the proposed wastewater line. Staff is preparing responses to the concerns and questions posed and will present them to Council. Copies of several documents are attached to this memo in response to requests from Council members. Documentation of the rest of the responses will be provided during the workshop. ATTACHMENTS Initial Letter Requesting Right of Entry Sent to Property Owners Documentation of February 1, 2016, Unauthorized Discharge Event Documentation. November 23, 2015 Property Owner Street Address City, State Zip Re: City of Schertz — Woman Hollering Creek Wastewater Line Project Dear Owner or Owner's Representative: According to the city's records, you own the property located at Property Address, Schertz, TX 78154, Bexar CAD Parcel ID XXXXXXX The City of Schertz is in the process of designing a new wastewater line that will provide conveyance of wastewater to the new Southern Schertz Wastewater Treatment Plant to be located off of Trainer Hale Road. We are contacting you because part of the line is planned to be located along or within your property. At this phase of the project, the City is in the process of preparing construction plans for the project. In order to complete the design, the City and its contractors will need to access portions of your property to conduct surveying, soil testing and other data collection so that the line can be properly designed. The City has hired Cobb Fendley and Associates, an Engineering firm located in San Antonio, to oversee engineering, surveying, and easement acquisition services. There will be several different companies working in conjunction with Cobb Fendley and the City; these include Cox McClain, Arias and Cleary Zimmerman. Representatives from the contractors will be accessing your property at some point during this phase. Once the design phase and the final plans for the project are complete and we have a firm location of the wastewater line, representatives from the City and Cobb Fendley will be contacting you to acquire permanent easements on your property for this project. Compensation negotiations for the acquisition of the property will occur at this time. We anticipate the actual construction of the line as well as any necessary property acquisitions to take place during the spring or summer of 2016. The purpose of this letter is to request your written permission for the City and its contractors to access the necessary portions of your property in order to complete the design of the wastewater line construction project. The City understands that its access and use of your property during this project may pose an inconvenience to you and will make every effort to accommodate any questions, concerns or issues relating to its access and use of your property during the project. You will be provided names and phone numbers of representatives you may contact with any 1400 Schertz Parkway Schertz, Texas 78154 210 - 619 -1000 issues that occur during all phases of the project. The construction of this line is essential to the City's objective of improving wastewater infrastructure in Southern Schertz. If you have additional questions or concerns regarding this letter, requested entry, or the project in general, please call (210) 61.9 -1800. You may speak to Kathy Woodlee, Sam Willoughby or Cindy Raleigh. If you agree to grant the City and its contractors permission to access the portions of your property necessary to conduct the surveying, soil testing and data collection as described earlier in this letter, please fill out and sign the form attached to this letter and return the original using the self - addressed, postage paid envelope. If you prefer, you may email a copy of the signed form to dmolina &cobbfendle .com or rheard cobbfendle .coin . Due to the time sensitivity of this project, please respond no later than Tuesday, December 8, 2015. Thank you in advance for your assistance in making this project a success! Sincerely, Kathryn J. Woodlee, P.E. City Engineer 1400 Schertz Parkway s Schertz, Texas 78154 A, 210 - 619 -1000 _ '? Right of Entry Authorization Permission is hereby granted for use of the properties (see parcels listed below). The Property for the work, which may include topographical land surveying, engineering, right -of -way acquisition, environmental, cultural resources and geotechnical studies and testing (including soil borings with truck- mounted drilling equipment and backhoe testing for cultural resources), and appraisal, or other related tasks, and any other purposes described in the attached correspondence, is subject to remuneration for physical damages actually done by City of Schertz representatives. Damages must be submitted in writing to the City within 30 calendar days of the date of occurrence. The City of Schertz agrees to indemnify and hold Owner harmless from any damages or other losses to third parties resulting from any acts or omissions of the City, its employees, agents or assigns, in carrying out the purposes of this right of entry on the Property. This right of entry shall continue in effect from November 23, 2015 to January 1, 2017 unless extended by the owner in writing. Owner's Name (Printed) Owner's Signature Owner's Address Owner's Phone Number Owner's Phone Number Owner's Phone Number Owner's Email Address Date _ (Home) (Mobile) (Work) Project: Schertz Woman Hollering Creek Wastewater Line Project Parcel: X Special Comments, Instructions, Locked Gate Combinations, Lessees' or Tenants' Names, Addresses and Phone Numbers: 1400 Schertz Parkway ar Schertz, Texas 78154 210- 619- 1000r� Bryan W. Shaw, Ph.D., P.E., Chairman ��PTF 0 Toby Baker, Commissioner cz� Jon Niermann, Commissioner x ' H Richard A. Hyde, P.E., Executive Director TEXAS COMMISSION ON ENVIRONMENTAL QUALITY Protecting Texas by Reducing and Preventing Pollution April 19, 2016 ... I & .� Mr. Eber Bush Water /Wastewater Supervisor City of Schertz 10 Commercial Place, BLDG 2 Schertz, Texas 78154 Re: Notice of Violation for the Unauthorized Discharge of Wastewater at: 5887 Farm to Market Foad 482, Schertz, Guadalupe County, Texas Regulated Entity No.: RN102672581 Dear Mr. Bush: On February 2, 2016, Patricia Blackwell and Chris Dziuk of the Texas Commission on Environmental Quality (TCEQ) San Antonio Region Office conducted an investigation of the above - referenced regulated entity to evaluate compliance with applicable requirements for wastewater collection and discharge. Enclosed is a summary which lists the investigation findings. During the investigation, a certain concern was noted which was an alleged 'noncompliance that has been resolved based on subsequent corrective action. No further action is required. In the listing of the alleged violation, we have cited applicable requirements, including TCEQ rules. Please note that both the rules themselves and the agency brochure entitled Obtaining TCEQ Rules (GI 032) are located on our agency website at http: / /www.tceq.state.tx.us for your reference. The TCEQ appreciates your assistance in this matter. Please note that the Legislature has granted TCEQ enforcement powers which we. may exercise to ensure compliance with environmental regulatory requirements. We anticipate that you will resolve the alleged violation as required in order to protect the State's environment. If you have additional information that we are unaware of, you have the opportunity to contest the violation documented in this notice. Should you choose to do so, you must notify the San Antonio Region Office within 10 days from the date of this letter. At that time, Ms. Lynn Bumguardner, Water Program Manager will schedule a violation review meeting to be conducted at a.specified date and time. However, please be advised that if you decide to participate in the violation review process, the TCEQ may still require you to adhere to the compliance schedule included in the enclosed Summary of Investigation Findings until an official decision is made regarding the status of any or all of the contested violations. TCEQ Region 13 • 14250 Judson Rd. • San Antonio, Texas 78233 -448o • 210 - 490 -3o96 • Fax 210- 545-4329 Austin Headquarters: 512- 239 -1000 • tceq.texas.gov • How is our customer service? tceq.texas.gov /customersurvey printed on recycled paper Mr. Eber Bush, Water Wastewater Supervisor Page 2 April 19, 2016 If you or members of your staff have any questions, please feel free to contact Patricia Blackwell in the San Antonio Region Office at 210 - 403 -4065. Sinc e- Y , rel ,` Joy Thurston - )Cook, Water Section Team Leader San Antonio Region Office Texas Commission on Environmental Quality JTC /PB /adj Enclosure: Summary of Investigation Findings Summary of Investigation Findings CITY OF SCHERTZ Investigation # Investigia onODate:02 /02/2016 GUADALUPE COUNTY, Additional ID(s): 10645 HQa7V1r1, Track No: 599786 2D TWC Chapter 26.121(a)(1) 30 TAC Chapter 317.1(e)(5) Alleged Violation: Investigation: 1323008 Comment Date: 04/04/2016 Failure to prevent unauthorized discharges of wastewater or any other waste into or adjacent to water in the state at any location not permitted as an outfall. The Texas Commission on Environmental Quality (TCEQ) San Antonio Region Office was contacted by the City of Schertz on February 2, 2016, to report a sanitary sewer overflow (SSO) of sewage that began on or prior to February 1, 2016, from a sewer collection system manhole located at the 5887 Farm to Market Road (FM) 482, in Schertz, Texas. The SSO discharged approximately 60,000 gallons of sewage onto the ground and into the dry Comal Creek. The cause of the discharge was due to debris in the manhole. Recommended Corrective Action: There shall be no unauthorized discharge of wastewater. The unauthorized discharged was ceased on February 2, 2016. The discharged material shall be removed and the affected areas remediated. Recovered contaminants and affected soils removed shall be properly disposed of. Resolution: It was noted on the date of the investiagtion, the City of Cibolo was assisting the cleanup with a combo truck. New Braunfels Utility (NBU) assisted with removing the blockage which occurred at the NBU metering station on 482. The manhole will be inspected on a weekly basis. The City of Schertz wastewater staff is advising local businesses to avoid disposing of paper rags, foam ear plugs, and other debris including small pieces of lumber into the sewer system. Summary of Investigation Findings Page 1 of 1 Eber Busch From: Dudley Wait ,y Sent: Tuesday, February 02, 2016 4:05 PM To: Jim Hooks, Cc: Sam Willoughby; Eber Busch Subject: Re: Information on sewer spill This is a great synopsis Jimmy. Thanks. Dud Sent from my 1Phone On Feb 2, 2016, at 15:22, Jim Hooks <JHooks @schertz.com> wrote: Here are some points about the spill: 1. Schertz Public Works was notified by a resident along FM 482 that there was a sewer manhole overflowing on the line we have going to New braunfels on February 111 2. We investigated the report and found the line to be clogged at the New braunfels metering station backing the sewer up into the City of Schertz line. 3. The third manhole back from the New braunfels connection was flowing raw sewage from under the manhole ring and cover. 4. We contacted the City of New braunfels and they came out and unclogged their line to stop the overflow from happening. 5. We made contact with TCEQ as required by the rules for reporting within the first 24 hours. 6. We then immediately started clean -up by sucking up the standing liquid that was ponding in low line areas. 7. We continued clean -up of the area today February 2nd along with chlorine disinfection of the contaminated areas after the liquids were sucked up. (No solids were seen from the spill) 8. We identified three residents operating off one private well that was within a half mile from the spill site. We notified them of the spill and told them that they should boil their water before use and that we will take a sample of their well to make sure its 9. TCEQ investigators came out today 2 -2 -16 and walked the site with us and confirmed to us that we are doing what is required as per the clean -up told us that we need to make a notification in the local Newspaper using their template which we are in process of doing. 10. TCEQ said we will receive a non - compliance letter for the spill but with the reporting documentation that we are providing to TCEQ and the notification we are doing in the paper along with our clean -up and contact we are having with the residents that use the well will be sufficient to get us back to compliance. 11. As soon as we get the article done we will provide it to Linda Klepper and the NB paper and send in the required documentation to TCEQ both SA office and Austin. Keep you informed of any updates or changes. James A. Hooks, CFM Asst. Public Works Director City of Schertz 10 Commercial Place Bldg. #2 Schertz Texas 78154 jhooks @schertz.com Water Quality Noncompliance Notification *See back of Form for Guidance for Completion* ® Unauthorized Discharge 0 Reportable Effluent Violation 0 Other C�eneraf�nformtion - Ok e 3MR9000M ANN y_I Entity Name: City of Schertz Telephone No ( # # # # # # # # # #): (210) 619 -1800 Permittee TCEQ Region: R13 - San Antoni County: IGuadalupe *Permit Number: 10232 -001 Subscriber Description and Cause of Noncompliance (include location, discharge route, and estimated volume of unauthorized discharge): Sewer manhole located in a field at 5887 FM 482 discharged wastewater on the property and along the Union Pacific Railroad bar ditch. The overflow was caused by a blockage at the New Braunfels flow measuring manhole, Estimated amount of discharge is 60,000 gallons. Duration: Start Date: Unknown End Date: Time: Unknown Time: 11:30 am Or Date Expected to be Corrected: Potential Danger to Human Health and Safety or the Environment: There are no public water wells in the area of the spill. Location is not next to any water ways. The closest tributary is the Dry Comal Creek. No potential danger to health is known. Staff made contact with a private well owner about taking precautionary measures for use of their drinking water. The City of Schertz is taking a water sample at the private well to check if it is safe for personal use. tians`1`al�cen 4 1 s { ry �� Monitoring Data: Data should be attached or submitted to TCEQ when available. Field Measurements Laboratory Samples Fish Kill(If yes, estimated number killed): Yes © No 0 Yes IM No 0 Yes N No Actions Taken to Mitigate Adverse Effects: City crews are vacuuming up the spill where there is puddling and spraying disinfectant on ground in area of the spill. No fish kills are at location. Blockage was removed and line was jetted. Actions Taken to Correct the Problem and Prevent Recurrence: The manhole located before it enters the New Braunfels flow meter will be on a weekly inspection route to insure proper operation. Staff is advising local businesses to avoid disposing of paper rags, foam ear plugs, and other debris including small pieces of lumber into the sewer system. All of these items caused the back up resulting in the discharge. r _ �ei�It�catror1 Fn�FoYnria��on ��'� _ "� ��i_ g _ z Information Reported By (Name /Title): Eber Busch, Water Wastewater Supg Date Reported: Feb 1, 2016 Signature: Note: If this form is being used for a 5 -day written report, a copy of the form should be sent to the TCEQ Region Office, and the original to: TCEQ, Compliance Monitoring Team (MC224), Enforcement Division, P.O. Box 13087, Austin, TX 78711 -3087. *If the noncompliance is an unauthorized discharge from a wastewater collection system, use the permit number of the treatment plant to which the collection system is tied. if you are uncertain of this permit number, you may call the TCEQ Regional Office for assistance. TCEQ -00501 (Rev, 04- 27 -12) Page 1 of low � S Gu�dar�Ce Wafielt• ��t�7it�1L�Con�ol��ll iancellCofi�r`cai2on�Foxm� When reporting an unauthorized discharge or sanitary sewer overflow (SSO), it is important to include all information that is requested on the notification form. If you have questions about the form, do not hesitate to call your TCEQ Regional Office and ask to speak to a wastewater investigator. All information should comply with reporting requirements noted in Texas Water Code Section 26.039, 30 Texas Administrative Code (TAC) Section 305.125(9), and, if applicable, 30 TAC Section 319,302(b). This form may be used as the 24 --hour notification to the Regional Office and may also be used as the 5 -day written report. If the event was reported within 24 hours via phone, or an incomplete form was submitted as part of the 24 -hour reporting requirement, you must fax or mail a completed, signed copy within 5 days to the Water Section Manager at your TCEQ Regional Office. The original, signed copy should be mailed to the address located at the bottom of the form. Actions Taken Monitoring Data: Designate with an "X" or "V." Actions taken to Mitigate Adverse Effects: Ask yourself, "How did we keep this from becoming an environmental or health problem ?" Include information such as: amount recovered from the total estimated amount stated under the description above method used to recover the wastewater treatments used for disinfection or deodorizing activities to lessen impact to property, a waterway, or public health Actions taken to correct the problem and prevent recurrence. Ask yourself, "How did we address the direct cause of the overflow, and was there anything Unauthorized Discharge - An unauthorized discharge is any discharge of else we did to prevent this noncompliance from wastewater into or adjacent to waters in the state at a location not permitted occurring again ?" Include actions such as: as an outfall. An SSO is any overflow, regardless of volume, from a sewer jetting the main collection system (i.e., lift stations, manholes, force mains, cleanouts, service educating residents about proper grease lines). An SSO is considered to be an "unauthorized discharge." disposal adding the location to your preventative General Information maintenance list "Entity name" is your permitted name (owner name for subscriber systems). repairing equipment, circuits, or replacing lines, Designate with an "X" or ",/ "to identify whether you are a permittee or subscriber. Permit Number- Include your TCEQ WQ permit number (i.e., WO0012345001). If you are a subscriber, use the permit number of the treatment plantto which the collection system is tied. If the WQ permit is unknown, please call the TCEQ Regional Office for assistance. Noncompliance Summary Description of Noncompliance: Location & collection system structure (i.e., Manhole at 650 Main St.) Route of discharge - Follow the discharge from its origin to where it was contained or entered a receiving waterway. If the receiving waterway is unnamed, provide the name of the nearest named adjoining waterway. (Examples: soaked into ground; manhole nearby storm ditch — unnamed tributary of Kings Creek) Estimated amount of the discharge (includes any recovered amount) Cause of Noncompliance: Why did this incident occur? Was it caused by grease, blockage, infiltration or inflow, equipment failure, structural failure, power outage, vandalism, human error, contractor, unknown? Duration: Include dates and times. Potential Danger to Human Health & Safety or the Environment: Any danger to the aforementioned should be promptly discussed with the TCEQ Regional Office. Additional notifications may be necessary. etc. Verification Information Information Reported By: Include both your name and title. Please sign and date the form. TCEQ -00501 (Rev. 04- 27 -12) Page 2 of 2 • • • I ice] ' • • • • • An unauthorized discharge or spill of wastewater has occurred from: Wastewater Treatment Facility: Collection System: X Facility Name: City of Schertz Public Works Person to contact for information: Location of spill(s): 5900 Block FM 482 New Braunfels TX Estimated date and time of spill(s): February 1, 2016 10:00 am Estimated volume of spill(s)(number of gallons): 60,000 gallons Type of Spill (domestic, industrial, other): domestic Description of the area potentially affected, including down gradient and lateral distance from spill(s) site: Spill followed bar ditch along Union rail road to FM 482 traveling approximately 600 yards. Suspected cause of spill(s): Blockage at flow measuring meter. Notification of: Appropriate local government officials: New Braunfels Utility Waste Superintendent TCEQ Regional Office: R13 SA Containment of spill: Contained to 250 yard radius of location. Increased monitoring of water supply systems: na Initiation or completion of cleanup activities: City of Schertz is expected to complete cleanup operations by Feb. 4t" 2016 TCEQ -20627 (May 2012) Page 1 of 2 If the Wastewater Spill meets the following conditions: 1. The spill is 50,000 gallons or more where one or more of the following conditions also exists: (A) the spill occurs within 1/2 -mile of a public or private source of drinking water; (B) the spill occurs within 1/2 -mile of a private drinking water well which is located within 1/2 -mile of a public water supply well; (C) the spill occurs within 1/2 -mile up- gradient of a surface water intake of a public or private source of drinking water; (D) the spill occurs in an active groundwater recharge area; (E) the spill occurs up- gradient and within 1/2 -mile of a karst terrain or shallow alluvial well that is a source of drinking water; OR 2. The spill is 100,000 gallons or more. Ensure the notice contains the following precautionary statements: 1. Persons using private drinking water supply wells located within 1/2 mile of the spill site or within the potentially affected area should use only water that has been distilled or boiled at a rolling boil for at least one minute for all personal uses including drinking, cooking, bathing, and tooth brushing. Individuals with private water wells should have their well water tested and disinfected, if necessary, prior to discontinuing distillation or boiling. 2. Persons who purchase water from a public water supply may contact their water supply distributor to determine if the water is safe for personal use. 3. The public should avoid contact with waste material, soil, or water in the area potentially affected by the spill. 4. If the public comes into contact with waste material, soil, or water potentially affected by the spill, they should bathe and wash clothes thoroughly as soon as possible. TCEQ -20627 (May 2012) Page 2 of 2 SCHEIRTZ n PP RTUN- COMMUNITY PUBLIC WORKS DEPT. BLOCKAGE AT FLOW MEASURING METER TRIGGERS SEWER SPILL The City of Schertz Public Works Department has responded to a domestic sanitary sewer spill that occurred in the 5900 Block of FM 482 in unincorporated Comal County. The spill, resulting from a blockage at the flow measuring meter, has exceeded the 50,000 gallon trigger for public notice. The incident occurred in the bar ditch along the Union Pacific Railroad to FM 482 traveling approximately 600 yards. Crews are working to clean up the spill and it has been contained to a 250 yard radius of the spill location. Schertz Water Quality staff has notified the Texas Commission on Environmental Quality and has contacted the known affected private well owners in the area. Clean up is expected to be complete by Thursday, February 4, 2016. The following precautions should be taken by affected individuals: Persons using private drinking water supply wells located within I/2 mile of the spill site or within the potentially affected area should use only water that has been distilled or boiled at a rolling boil for at least one minute for all personal uses including drinking, cooking, bathing, and tooth brushing. Individuals with private water wells should have their well water tested and disinfected, if necessary, prior to discontinuing distillation or boiling. Persons who purchase water from a public water supply may contact their water supply distributor to determine if the water is safe for personal use. The public should avoid contact with waste material, soil, or water in the area potentially affected by the spill. If the public comes into contact with waste material, soil, or water potentially affected by the spill, they should bathe and wash clothes thoroughly as soon as possible. If you are a resident in this area and have questions or concerns regarding this spill or the safety of your water, please call the Schertz Public Works Department at (210) 619 -1800. The City of Schertz has a Superior Water Rating from the Texas Commission on Environmental Quality. rd. .- Hearst Media Servites ..� �r� rrt & Express-News my %com I E pressNews.com I Certexi6n aelan Am* Light I EN Community & Military Newspapers iii AATOI&U f NEWS COUNTY OF r3,HXAVR11 Behm n , Me r nci rsirtned auTod y, a Notary I0tiI lic; in and for ihe Sivale of Texas, ,,)n this day personally appeared: I_yneRe NOW0% WO SA r h6fllj ftfly sworn, sr',y�3 mat she it wi OKKEkePEF1 of THE HEARST CORPORATON (SAN ANTOWO EXPRE!SyfRi" EWS fly. °ISI INL a [truly newspaper pdriWhhed in War County, Texas end that Me I° 7u;;5koisc:,r• of vvhKh the annexed is a true copy, was published ic) wk: CuMumm IM 742741 order 10: 2776147 Pgo"_ 0 _, r3 ±`r,°�..dt7 Cik* Lyneft- I f.3t1 otary l r i hi pxJ for the, state F�rrkmnzs My r i i N6, *,#3F APT1124,2018 Wastewater Discharge Event - February 1, 2016 150 r 450 600 Agenda No. 1 CITY COUNCIL MEMORANDUM City Council Meeting: May 10, 2016 Department: Subject: City Secretary Minutes The City Council held a Regular Meeting on May 3, 2016. WLTG • �On None RECOMMENDATION Staff recommends Council approve the minutes of the Regular Meeting of May 3, 2016. Minutes — Regular Meeting of May 3, 2016. Date: May 4, 2016 From: City Manager's Office To: the Mayor and Councilmembers Subject: Amended 2016 Master Calendar This information item is to inform you of the second amendment to the 2016 Master Calendar. Per Council direction at the April 26, 2016 Council meeting, Staff has amended the calendar to reflect the Special Called Council Retreats occurring on Fridays. To help Council and Staff plan their schedule, these retreat dates have been reflected as such: • Strategic Planning Retreat — 3rd Friday in January (to begin January 20, 2017) • Pre - Budget Retreat — 4t" Friday in March (to begin March 24, 2017) • Teambuilding Retreat — 1 st Friday in December (to begin December 2, 2016) • A 4t" Council retreat to discuss budget and /or other priorities will be scheduled on a Friday, as may be needed in either June, July or August A copy of the Amended Master Calendar has been included with this item. For more information please contact Mr. John Kessel, City Manager. 1400 Scbertz Parkway Sctlertz, Texas 7B154 210,616.1GOO W ° C, h s _,c otIr 1 New Years Day (office closed) 8 Elvis' Birthday 18 MLK Holiday (office closed) 23 Selma - Schertz 5K Run 2 Texas Independence Day 5 Wilenchik Walk for Life 13 Daylight Savings Begins 14 -18 SCUCISD Spring Break 17 St, Patrick's Day 18 Employee Remembrance Day 20 Spring Begins 20 Palm Sunday 25 Good Friday 27 Easter City of Schertz Master Calendar 2016 - Amended 8 Chinese New Year (Year of the Monkey) 10 Ash Wednesday 11 Trail Rider Lunch 14 Valentines Day 15 Presidents Day Holiday (office closed) —T---W,--,T — _,_,m F 5,... T W T F 2 3 , :. 6 6 .: 7 8 9 11 12 13 14 15 17 18 19 20 21 29 „ 23.ru §j?7 26 27 28 29 10 11 12 ,_' 14 15 16 8 Chinese New Year (Year of the Monkey) 10 Ash Wednesday 11 Trail Rider Lunch 14 Valentines Day 15 Presidents Day Holiday (office closed) 3 -4 Schertz 4th of July Jubilee 4 Independence Day (office closed) 5 Labor Day Holiday (office closed) 11 Patriot Day 16 -17 SchertzFest 21 -25 Corral County Fair 22 Autumn Begins 2 -4 Rosh Hashanah 4 Texas National Night Out 4 -7 Annual TML Conf. - Austin 6 -9 Guadalupe County Fair 10 Columbus Day (office closed) 11 -12 Yom Kippur 31 Halloween, Trunk or Treat muououououououououo �i u m u o uououououououowuiiwuiir mmuwuuir�o�o�o�o�o�o�o�i im ou m m e muououououououowuiiwu S M T W T F S S M T W T F S 1 Election Day 1 2, 4 5 1 $IN# 3 2 Schertz Festival ofAngels 4 Hal Baldwin Golf Tournament 6 t�,;,` 8 9 10 11 12 4 6 7 8 9 10 21 Winter Begins 6 Daylight Savings Time Ends 13 14 15 18 19 11 12 13 IN 16 17 24 Dec. -1 Jan. Chanukah 11 Veterans Day (office closed) 20 2 � 22 23 24 25 26 18 1' °,:; 2y2 21 2% 93 24 25 Christmas Day (office closed 12/26) ( ) 2 .;t 29 30 25 2 27 2; 29 3i! 31 26 Dec. -1 Jan. Kwanzaa 24 Thanksgiving offices closed Nov. 24 & 25 27 _ ......._�� :.ta 31 New Years Eve SCUCISD Hidays are in red Council Meeting P &Z Comm W�` ` i Trans Safety Adv Comm Town Hall Council Meeting or Retreat; Library Adv Bd `.r Board of Adjustments City Holidays (office closed) fit. tk�€ Econ Dev Corp Parks & Recreation Adv Board SSLGC Meeting )x1 CVLGC Historical Preservation Comm Amended 514116 ** *Dates are subject to change. Check www.schertz.com for updated information ** S M T W T F ;' S S M T W T F S S M T W T F S; 1 2 t,�rs.). 4 5 5 Schertz Sweetheart Coronation 1 2 9 Jazz N' Blues in the Park 8 10 11 12 3 5 6 }11 ; 8 9 14 Community Volunteer Fair 13 '14 1f 13 17 18 19 10 11 12 ,_' 14 15 16 14 -24 Fiesta Weeks 20 21 22 1�'�;, 25 26 17 18 19 20 21 22 23 22 -30 Passover 27 28 �; 29 30 31 24 2a; 26 �$ 29 - -" 30 20 Summer Begins 3 -4 Schertz 4th of July Jubilee 4 Independence Day (office closed) 5 Labor Day Holiday (office closed) 11 Patriot Day 16 -17 SchertzFest 21 -25 Corral County Fair 22 Autumn Begins 2 -4 Rosh Hashanah 4 Texas National Night Out 4 -7 Annual TML Conf. - Austin 6 -9 Guadalupe County Fair 10 Columbus Day (office closed) 11 -12 Yom Kippur 31 Halloween, Trunk or Treat muououououououououo �i u m u o uououououououowuiiwuiir mmuwuuir�o�o�o�o�o�o�o�i im ou m m e muououououououowuiiwu S M T W T F S S M T W T F S 1 Election Day 1 2, 4 5 1 $IN# 3 2 Schertz Festival ofAngels 4 Hal Baldwin Golf Tournament 6 t�,;,` 8 9 10 11 12 4 6 7 8 9 10 21 Winter Begins 6 Daylight Savings Time Ends 13 14 15 18 19 11 12 13 IN 16 17 24 Dec. -1 Jan. Chanukah 11 Veterans Day (office closed) 20 2 � 22 23 24 25 26 18 1' °,:; 2y2 21 2% 93 24 25 Christmas Day (office closed 12/26) ( ) 2 .;t 29 30 25 2 27 2; 29 3i! 31 26 Dec. -1 Jan. Kwanzaa 24 Thanksgiving offices closed Nov. 24 & 25 27 _ ......._�� :.ta 31 New Years Eve SCUCISD Hidays are in red Council Meeting P &Z Comm W�` ` i Trans Safety Adv Comm Town Hall Council Meeting or Retreat; Library Adv Bd `.r Board of Adjustments City Holidays (office closed) fit. tk�€ Econ Dev Corp Parks & Recreation Adv Board SSLGC Meeting )x1 CVLGC Historical Preservation Comm Amended 514116 ** *Dates are subject to change. Check www.schertz.com for updated information ** S M T W' T F` S S M T W T F S; 5 Schertz Sweetheart Coronation 1 °) 3 4 ? i4 6 7 �� " Fat 3 4 7 June - 7 July Ramadan 8 Mother's Day 8 9 10 y 12 13 14 5 7 9 10 11 14 Flag Day 18 George Strait's Birthday 15 16 18 19 20 21 12 13 14 15 16 17 18 19 Father's Day 21 Armed Forces Day 22 24 28 19 20 227 1 w to ,z.b, rs, '{s 24 25 20 Summer Begins 30 Memorial Day Holiday (office closed) 29 30 31 2s 27 2a 29 30 3 -4 Schertz 4th of July Jubilee 4 Independence Day (office closed) 5 Labor Day Holiday (office closed) 11 Patriot Day 16 -17 SchertzFest 21 -25 Corral County Fair 22 Autumn Begins 2 -4 Rosh Hashanah 4 Texas National Night Out 4 -7 Annual TML Conf. - Austin 6 -9 Guadalupe County Fair 10 Columbus Day (office closed) 11 -12 Yom Kippur 31 Halloween, Trunk or Treat muououououououououo �i u m u o uououououououowuiiwuiir mmuwuuir�o�o�o�o�o�o�o�i im ou m m e muououououououowuiiwu S M T W T F S S M T W T F S 1 Election Day 1 2, 4 5 1 $IN# 3 2 Schertz Festival ofAngels 4 Hal Baldwin Golf Tournament 6 t�,;,` 8 9 10 11 12 4 6 7 8 9 10 21 Winter Begins 6 Daylight Savings Time Ends 13 14 15 18 19 11 12 13 IN 16 17 24 Dec. -1 Jan. Chanukah 11 Veterans Day (office closed) 20 2 � 22 23 24 25 26 18 1' °,:; 2y2 21 2% 93 24 25 Christmas Day (office closed 12/26) ( ) 2 .;t 29 30 25 2 27 2; 29 3i! 31 26 Dec. -1 Jan. Kwanzaa 24 Thanksgiving offices closed Nov. 24 & 25 27 _ ......._�� :.ta 31 New Years Eve SCUCISD Hidays are in red Council Meeting P &Z Comm W�` ` i Trans Safety Adv Comm Town Hall Council Meeting or Retreat; Library Adv Bd `.r Board of Adjustments City Holidays (office closed) fit. tk�€ Econ Dev Corp Parks & Recreation Adv Board SSLGC Meeting )x1 CVLGC Historical Preservation Comm Amended 514116 ** *Dates are subject to change. Check www.schertz.com for updated information ** City of Schertz City Council Calendar 2016 - Amended S M i T W T F S 1 2 3z 4 5 6 7 8 9 10 11 12 13 14 15 ' ZPQ 17 18 19 20 21 22 23 24 25 26 27 28 29 MM i l I l VI II IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII MMMiiiiiiiiiMMMMMMMMi9 I i i i i UIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII S 'r M T W T F l S S M T W` T 4F S 16 17 18 ! 19 15 16 1 2 3 4 5 24 27 28 29 30 29 30 31 1 2 6 7 8 9 10 11 12 3 4 5 6,. 7 8 9 13 14 15 16 17 18 19 10 11 12 13 14 15 16 20 21 22i 23 = 25 26 17 18 19 20 21 22 23 27 28 29 30 31 24 25 26 27 28 29 30 eS—, e.. M ------ W ._.w.wT �.w.w. S..v e.m8 M ............. T Mee T,---wF —�—. 1 2 3 4 5 6 7 1> 2 3 4 8 9 10 11 12 13 14 5 6 7 8_ 9 10 11 15 16 FW fl i 18 19 20 21 12 13 s 14 15 16 17 18 22 23 24 25 26 27 28 19 20 21 22 23 24 25 29 30 31 26 27 28 29 30 Council Meeting Town Hall Council Meeting Special Called Council Workshop /Retreat Amended 514116 ** *Dates are subject to change. Check www.schertz.com for updated information * ** S M MT.,, m W m T F S T F S 1 2 3 4 5 1 3 6 7 8 9 10 11 12 8 9 7262�7 10' 13 14 15? 16 17 18 ! 19 15 16 17 20 ! 21 22 23 24 25 26 22 23 24 27 28 29 30 29 30 31 Council Meeting Town Hall Council Meeting Special Called Council Workshop /Retreat Amended 514116 ** *Dates are subject to change. Check www.schertz.com for updated information * ** MINUTES REGULAR MEETING May 3, 2016 A Regular Meeting was held by the Schertz City Council of the City of Schertz, Texas, on May 3, 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 Councilmember Jim Fowler Councilmember Robin Thompson Mayor Pro -Tem Cedric Edwards Councilmember GrumDv Azzoz Staff Present: City M, Executive Director Brian James Executi City Attorney Clarissa Rodriguez City Set Assistant to the City Manager Sarah Gonzalez Cou n cilm em ber Daryl Joh n was absent. Cali to Order — City Council Regular Session Mayor Carpenter called the meeting to order at ,6:03 p.m. (Mayor Pro -Tem Edwards) Wait Carpenter recognized Assistant to the City Manager Sarah Gonzalez who provided the • Thursday, May 5, Bexar County and City of Kirby Break Ground on New Animal Shelter, 5503 Duffek Drive, Kirby, TX 10:00 a.m. Contact LJesse(a?Bexar.or to RSVP. • Thursday, May 5, Schertz Sweetheart Coronation, Civic Center, 5:45 p.m. • Thursday, May 12, Northeast Partnership Luncheon, Olympia Hills Golf Club, 11:30 a.m. Please RSVP to the City Secretary of your attendance. • Friday- Wednesday, May 13 -22, RACAP Food Drive, The City will be participating. Collection of non - perishable items which maybe dropped off at City Hall, Bldg. #1 . • Sunday, May 15, Schertz EMS Golf Tournament, Olympia Hills Golf Club, Registration begins at 7:30 a.m. Please contact Matt Troncosco or Amy Sellers at 619- 1400. 05 -3 -2016 Minutes Page - 1 - SAVE THE DATE: • Tuesday, May 17, The Chamber Luncheon, Schertz Civic Center, 11:30 a.m. Please RSVP by May 10, 2016. . • Tuesday, May 17, Council On The Go, Norma J. Paschal Elementary Cafeteria, 590 Savannah Drive; the meeting starts at 6:30 p.m. • Saturday, May 21, Beatles in the Park, presented by Schertz Parks & Recreation and Public Affairs, Pickrell Park, 5:00 p.m. to 9:00 p.m., Volkswagen Show and Shine, Beatles Tribute Music by Blue Note Ringos. • Sunday, May 22, Annual EMS Banquet and Casino Night, Schertz Civic Center, 5:30 -9:00 p.m. • Announcements and recognitions by City Manager (J. Mayor Carpenter recognized City Manager John K employee in the Parks Department, Mr. Dean Mid,. Pickrell Park was in need of repairing and cleanii himself to clean, paint and repair the monument Almighty is our witness we shall never forget bt November 11, 1974. It also reads " Schertz Arme was donated by the VFW Post #8315. It now looks Proclamations: • National Preservation Month • Motorcycle Safety Awarene s month (Mayor /R. Meinhardt) Mayor Carpenter recognized Mr Ray Meinhardt, Unit Commander for the Coalition of Ind' ep endent Riders for Region 7 in San Antonio and other members of the unit. Mayor Carpenter read and presented the proclamation. Mayor Carpenter provided his comments on the need 'ofafety awareness for those on two wheels. Mayor Carpenter recognized Quick with the Coalition who provided comments on the need of safety and referenced the new cars today being built tha' t the front posts in between the front door and the windshield are huge blind spots; please be aware that riders cannot be seen, therefore turn before you change lanes. Presentations: • Presentation regarding the Historical Preservation Committee events and the unveiling of the Sebastian Schertz Portrait. (B. James /D. Weirtz) Mayor Carpenter recognized Historical Preservation Committee Chair Dean Weirtz who provided the information on the activities of the Committee as part of Preservation month: 05 -3 -2016 Minutes Page - 2 - • As a lead into the month, participation in the Aviation Heights Clean-up Day. • Monday, May 2, 2016, Joint Dedication Ceremony with Guadalupe Community Park with a Butterfly Sculpture unveiling. • Future unveiling at the Gutierrez Park with another sculpture that the Committee has for this park. • Tuesday, May 3, 2016, Proclamation for National Preservation Month. • Saturday, May 7, 2016, Bexar County International Symposium. • Monday, May 16, 2016, the Committee is accepting an -award from the School District for Community Partner of the Year. • Saturday, May 21, 2016, 10:00 a.m. to Noon, Schertz Historical Symposium on Schertz-Cibolo local history, Schertz City Council with door prizes and food. • Sunday, May 22, 2016, he will be leaving as d, Schertz Ambis" dor of Goodwill and Historical Partner to our Sister City Historical Society in Riedish6lim France, the city from which the Schertz Family, our original settler family in the community originated from. Mr. Weirtz stated that at this time he would like to unvelilt'a very special artifact that just came into their possession as a result of the estate settlemehtl' of Lula Mae Schertz. He stated that they didn't know it existed; no replica o " f this existed at,, all ,until this time. The Founder of our City is Sabastian Schertz. We have been given ao­art#act which is a portrait of Sabastian Schertz that the Committee is pt' ON §ing,to have pf ed in the Council Chambers lobby for all to see. He stated that the accompanying plaquewill be placed next to the portrait. The plaque tells you the, importance of Skastian and his:fimily. It reads "Sabastian Schertz, 1822 to 1890, original' portrait; First Founder of Schertz, Texas 1849-1866, (Why are there two dates? Because Sabastiafi'purchased property, 600 acres first and then 378 acres secondly on those two dates), - ��He was the builder and "operator of the cash crop community resources of the cotton gin and, shelling plant that assured the agricultural success of this settlement community., He is the patriarch of a, family that through innovation, that is the steam engine " 1, 3 , 9 generator, electrical power and water supply and through donations for lands for the school, for' the depot"' f�i, " the post," I o , ►ffice and through their family volunteer efforts, Postmaster, Alderman, Councilman, Volunteer Fireman, Director of Urban Renewal assured the stability and "'prosperity for the settlement of the future city". That was the Father of our City, "Sabastian ". We are proud that we can unveil his portrait here tonight. Members of, Council came down and unveiled the portrait. Mr. Weirtz asked that this be displayed in the, Council Chambers along with the plaque for everyone to see. He also stated that a copy will bel,placed at the Visitors Center. New Employee Recognition • Planning and Community Development — Planner I Channary Gould & Planner I Emily Grobe • Business Office — Utility Billing Clerk LaShawn Dickens • EMS —Paramedic Cody Callen, Paramedic Bryan Salge, Part Time Paramedic Michael Rice & Alexander Thrasher • Fleet — Mechanic 1, Augustus Jamerson 05-3-2016 Minutes Page - 3 - • Animal Services — Part Time Kennel Tech, Tabatha Paynter Mayor Carpenter recognized each Department Head who introduced their new employee(s) and provided a brief bio of each. A special guest, the mother of Part Time Kennel Tech, Tabatha Paynter came forward thanking the City for agreeing to sponsor her daughter with the special program at Randolph High School. She provided comments on how the program has made a huge impact. Mayor and Council welcomed all the new staff members. Hearing of Residents No one spoke. Consent Agenda Items 1. Minutes — Consideration and/or action Meeting of April 26, 2016. (J. Kessel /B. 2. Ordinance No. 16 -C -09 — Consideration and /or at Schertz Code of Ordinance Chapter 18, Building General, Section 18 Inspections. Final Reading (B The following was read into record: of the minutes of the Regular wing an Ordinance amending the lding Regulations, Article 1, In Wood /G. Durant) Carpenter ,recognized Councilmember Azzoz who moved, seconded by lember Fowler, to approve the consent agenda items 1 and 2. The vote was ,us with Ma or Pro -Tem Edwards, Councilmembers Fowler, Azzoz, and )n voting for and no one voting no. Councilmember John was absent. Motion passed. 3. Resolution No. 16 -R -33 - Consideration and /or action approving a Resolution authorizing the program and expenditures of the City of Schertz Economic Development Corporation as provided for in the Construction Agreement with KMAC Construction Services, Inc. for the demolition and revegetation of 1300 Schertz Parkway. (J. Kessel/K. Kinateder) The following was read into record: 05 -3 -2016 Minutes Page - 4 - RESOLUTION NO. 16-R-33 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING EXPENDITURES TO FUND A CONSTRUCTION AGREEMENT BETWEEN THE CITY OF SCHERTZ ECONOMIC DEVELOPMENT CORPORATION ("SEDC"), AND KMAC CONSTRUCTION SERVICES, INC., AND OTHER MATTERS IN CONNECTION THEREWITH Mayor Carpenter recognized EDC Director Kyle Kinateder who introduced this item stating the goal here is to hire a contractor for the demolition and revegletation of 1300 Schertz Parkway. The City of Schertz Economic Development Corporatic 15-R-52, purchased the property located at 1300 Sch ' er adjacent to the City Municipal Complex where SE,][)C:, has been deemed not suitable for office space and a November 19, 2015 SEDC Board Meeting; I engineering plans for the demolition and reVeg6tation of `SEDC`,',), through Resolution No. )arkway.,,,-The property is located T currently, offices. The property need to be iedevelwed. At the erty. was selected, to create Using the engineering plans, SEDC Staff developed, 4 >scope of work for the Construction Agreement and sought multiple bids from area contraeto " rs. Staff recommends KMAC Construction Services, Inc. ("KMAC'), be selected for the Construction Agreement. KMAC was the lowest bidder and has experience Ju,,the City of Sche'rtz,with similar projects. As part of the Construction Agreement KMAC Will',, oversee the proper asbestos abatement and removal, demolition and repair of an existing" fence, and the revegetation of the site. In addition to the Constructio n Agreement st, ff a'recommen4s that the SEDC Board hire a third party asbestos removal monitoring firm to ensure that required procedures are followed. The Construction"" Agreement with KMAC, is for $29,957.00. Staff recommends that approximately 20% contingency be added for the recommended asbestos removal monitoring and potential change orders Ahat" ight, arise. The total of $36,000 will be funded by transferriug� funds, from the SEDC Ldnd Purchase line item as approved in the FY 2015 -16 budget. The ' EDC Board of-Directors met on April 28th at their regular board meeting to consider, discuss :and act on the City of Schertz Economic Development Corporation Construction Agreementwitb KMAC Construction Services, Inc. A motion was made by Roy Richard and seconded, blyl,Paul Macaluso to: Approve the construction agreement and recommend authorization ofexpenditures of $36,000. The motion passed unanimously. Staff recommends that the SEDC Board authorize the Construction Agreement with KMAC and recommend approval by the City Council to authorize $36,000. Mr. Kinateder addressed questions from council. Mayor Carpenter recognized Mayor Pro-Tem Edwards who moved, seconded by Councilmember Thompson to approve Resolution No. 16-R-33. The vote was unanimous with Mayor Pro-Tem Edwards, Councilmembers Fowler, Azzoz, and Thompson voting for and no one voting no. Councilmember John was absent. Motion passed. 05-3-2016 Minutes Page - 5 - 4. Resolution No. 16 -R -34 - Consideration and /or action approving a Resolution authorizing Amendment No. 1 to the :Development Agreement among the City of Schertz, Texas, The City of Schertz Economic Development Corporation, and GE Oil & Gas Inc. (J. Kessel/K. Kinateder) The following was read into record: RESOLUTION NO. 16 -R -34 A RESOLUTION BY THE CITY COUNCIL OF THE AUTHORIZING AMENDMENT NO. 1 TO THE DE AMONG THE CITY OF SCHERTZ, TEXAS, THE CI1 DEVELOPMENT CORPORATION, AND GE OIL AN CERTAIN BENEFITS BY THE CITY PURSUAN' MATTERS IN CONNECTION THEREWITH Mayor Carpenter recognized EDC Director Kyle Kin, the City of Schertz, Texas (the "City"),, the', City Corporation (the "SEDC "), and GE Oil and Gas Agreement (the "Agreement ") on February 4, 2014: retain and expand its operation in Schertz by maki retaining 225 Full -Time Jobs, addinjan additional 175 OF SCHERTZ, TEXAS iPMENT AGREEMENT SCHERTZ ECONOMIC "4,INC.; AUTHORIZING �,'RETO: AND OTHER who introduced,, this item stating Gross Payroll of $16 million for a period of six years. In co agreed to provide an Infrastructure Incentive and fast -track GE the Yantis Company was contracted to cb,mplet &,the ,tension project is scheduled to be complete by mid -lay. ") , entered into as Development the Agreement, GE agreed to $8 million capital investment, me Jobs, and creating an annual § lderation the City and SEDC 's expansion. In February 2016, of David Lack Boulevard. The The SEDC Board of Directors met on April 28th at their regular board meeting to consider, discuss and act tin 'Amendment No. 1 to the Development Agreement among the City of Schertz, Texas,`the City of Schertz Economic Development Corporation, and GE Oil & Gas Inc. and to recommend approval by the City Council. A motion was made by Roy Richard Seconded by Rosemary Scott to: Approve Amendment No. 1 to the Development Agreement and to recommend approval by the City Council. The motion passed unanimously. There is no fiscal impact associated with Amendment No. 1 to the Development Agreement (GE Oil & Gas, Inc.). Staff recommends approval of the proposed amendment because the proposed amendment will simplify GE's annual reporting while continuing to ensure that the community receives the full benefits of the original Agreement. Mr. Kinateder addressed questions from council. 05 -3 -2016 Minutes Page - 6 - Mayor Carpenter recognized Councilmember Azzoz who moved, seconded by Councilmember Fowler to approve Resolution No. 16 -R -34. The vote was unanimous with Mayor Pro -Tem Edwards, Councilmembers Fowler, Azzoz, and Thompson voting for and no one voting no. Councilmember John was absent. Motion passed. 5. Ordinance No. 16 -A -10 — Conduct a Public Hearing and consideration and /or action approving an Ordinance by the City Council of the City of Schertz, Texas, providing for the pg extension of the boundary lines of the City of Schertz, Texas by the annexation of approximately 4.138 acres of land located in the William Bracken Survey No. 74, Abstract No. 43, Bexar County No. 5056, and the W. S. Bennett Survey No. 75, Abstract No. 61, Bexar County No. 5057, located all in Bexar County approximately 3,000 feet east of the intersection of FM 1518 and Ray Corbett Drive. First Reading (B. James/L. Wood/B. Cox) The following was read into record: ORDINANCE NO. 16 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS, PROVIDING FOR THE EXTENSION OF THE BOUNDARY LINES OF THE CITY OF SCHERTZ, TEXAS BY THE ANNEXATION, Of APPROXIMATELY 4.138 ACRES OF LAND LOCATED IN BEXAR COUNTY APPROXIMATELY 3,000 FEET EAST OF THE INTERSECTION OF FM' 1:518 AND RAY CORBETT DRIVE. Mayor Carpenter who introduced tl the City of Schi Jurisdiction (ET subject props est (ZC2016- the annexation ord which i intended County, S ate or F the City for public City as a greenbelt y, if annexed; is being considered concurrently with the associated zoning )4)., The zoning request will encompass the same land contained within nance. The request to zone the subject property Public Use District (PUB) to identify and provide for land owned or may be owned by the City, �deral Government or the School District; land that has been dedicated to use such as parks and recreation, and land designated and dedicated to the On April 27, 2016 the Planning and Zoning Commission unanimously voted to forward a recommended to City Council that the property be zoned Public Use District (PUB). In accordance with Texas Local Government Code (LGC) Chapter 43 the City must provide services to the land on the effective date of the annexation. City of Schertz must provide police protection, fire protection, emergency medical services, operation and maintenance of streets, solid waste collection, water service and sewer service. Staff recommends approval. 05 -3 -2016 Minutes Page - 7 - Mayor Carpenter opened the public hearing and recognized the following who spoke: • Mr. Robert Brockman, 1000 Elbel Road who asked if the area had room for the new fire station. City Manager John Kessel stated that this was not one of the locations they are looking at. As no one else spoke, Mayor Carpenter closed the public hearing for Council comments. Ms. Wood addressed questions from Council, and also stated this was all cleared with the Airforce and they had no objections. Mayor Carpenter recognized Councilmember Fowler who moved, seconded by Councilmember Thompson to approve Ordinance 16 -A710, trst reading. The vote was unanimous with Mayor Pro -Tem Edwards, Couneilmembrs Fowler, Azzoz, and Thompson voting for and no one voting no. Councilmember John was absent. Motion passed. 6. Ordinance No. 16 -S -11 — Conduct a Public, He, approving an Ordinance by the City Council of the Ci [PH to zone approximately 4.138 acres of land to Publi,J specifically described as a portion of the William Br Bexar County No. 5056, and the W,S. Bennett Survey No. 5057, located all in Bexar to nty, located intersection of FM 1518 and Ray Corbett'Uriv. First The following was read into record: ORDINANCE NO. 16 -S -11 The subject property is currently located in the Extra Territorial Jurisdiction (ETJ) of the City of Schertz and is owned by City of Schertz. The City is proposing to construct an elevated water storage facility in this location to provide additional capacity for community growth. The public hearing notice was published in "The Daily Commercial Recorder" on April 15, 2016 . and the "Herald" on April 20, 2015. . Six (6) public hearing notices were mailed to 05 -3 -2016 Minutes Page - 8 - surrounding property owners within two hundred (200) feet of the subject property on April 16, 2016. At the time of this report no reply form with responses have been received. Comments and questions received at the April 27, 2016 Planning and Zoning Commission public hearing included clarification on the required legal notice requirements and sizing of the proposed elevated storage tank. Staff reviewed the request for conformance with the Comprehensive Land Plan and the Future Land Use Plan (FLUP). The Future Land Use Plan (FLUP) designates the subject property for Mixed Use Neighborhood which is defined in the Comprehensive',Land Plan as intended to accommodate the development of walkable neighborhoods within South Schertz in the vicinity of FM 1518 and Lower Seguin Road which includes various residential and live work uses. The Planning and Zoning Commission coi offered a recommendation of approval by a Mayor Carpenter opened the public hea hearing for Council comments. Ms. Wood Mayor Carpenter recognized C tern Edwards to approve Ordii Mayor Pro-Tem Edwards, C and no one voting no. Council 7. Ordinance No. approving an 01 PH rezone approxin], property is c hearing, on April 27, 2016 and Staff recommends approval. no one else spoke, closed the public iestions from Council. ' ber Fowler Who moved, seconded by Mayor Pro- 11, first reading., The v ' ote was unanimous with 60rs,Fowler, Azzoz, and Thompson voting for )hn was "absent. Motion passed. is Hearing and consideration and/or action of the City of Schertz, Texas on a request to Verde Enterprise Business Park Planned Unit Planned Development District (PDD). The Verde Enterprise Business Park Unit 2 and is Guadalupe County, Texas. First Reading ORDINANCE NO. 16-S-12 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AMENDING TIE OFFICIAL ZONING MAP BY ZONING APPROXIMATELY 2.76 ACRES OF LAND THAT IS SPECIFICALLY LOT 1, BLOCK 9 OF THE VERDE ENTERPRISE BUSINESS PARK UNIT 2 AND IS LOCATED AT 17145 IH-35 N FROM PLANNED UNIT DEVELOPMENT (PUD) TO PLANNED DEVELOPMENT DISTRICT (PDD). Mayor Carpenter recognized Senior Planner Bryce Cox who introduced this item stating the Blanco Business Center LP is proposing to rezone approximately 2.76 acres of land in the Verde Enterprise Business Park Planned Unit Development (PUD) Ordinance 07-S-14A to Planned Development District (PDD). The Verde Enterprise Business Park PUD Ordinance 07-S- I 4A was approved by City Council on March 6, 2007 to allow a mix of commercial and 05-3-2016 Minutes Page - 9 - industrial uses. The request is to develop Lot 1, Block 9 of Unit 2 in the Business Park in accordance with the existing PUD Ordinance 07 -S -14A with a modification to the building setback adjacent to property located outside that is commercial or industrial. The public hearing notice was published in "The Daily Commercial Recorder" on April 15, 2016 and the "Herald" on April 20, 2016. Six (6) public hearing notices were mailed to surrounding property owners within two hundred (200) feet of the subject property on April 1, 2016. No responses have been received. The subject property is an approximately 2.76 acre tract of land that: is located on the north east corner of the intersection of Mid - Cities Parkway and IH. . The property is currently undeveloped. The applicant is requesting to rezone the subject property to modify the development standards to change the setbacks for buildings 66M a perimeter lot line or property outside of the PUD from fifty foot (50') to twenty foot (20'), The subject property shall develop in except as follows: IV. AMENDMENTS TO COMMERCIAL A.1 Building Setback th the regulations of Ordinance 07 -S -14A STANDARDS hearing and recognized the following who spoke: Mr. Robert Brockman, 1.000 Elbel Road, who spoke against changing the setback requirements and voiced concern with the City's large safety vehicles having the ability to maneuver and service the area. As no one else, spoke, Mayor Carpenter closed the public hearing for Council comments Mr. Cox addressed t., rockman's concern regarding the change from fifty foot (50 ") to twenty foot (20 "). Mayor Carpenter recognized Councilmember Thompson who moved, seconded by Mayor Pro -Tem Edwards to approve Ordinance No. 16 -S -12, first reading. The vote was unanimous with Mayor Pro -Tem Edwards, Councilmembers Fowler, Azzoz, and Thompson voting for and no one voting no. Councilmember John was absent. Motion passed. Roll Call Vote Confirmation 05 -3 -2016 Minutes Page - 10 - 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 No further announcements were provided. 9. Future Agenda Item Request for City Council: members to request that items be placed on a futui the item may be taken at this time. Should a C requested item on a future agenda, the Mayor, it] consensus of the other City Council members to. agenda. No items were requested. 10. Announcements by Mayor and C is an opportunity for City Council aa. No discussion of the merits of Member oppose placement of the owing discussion, shall ask for the of not place the item ' on a future • City and community events attended and "to be'atterided • City Council Committee and Liaisan'Assignments (see assignments below) • Continuing education events attended and to be attended • Recognition of actions by City employees • Recognitioii,ofactions,by community volunteers Carpenter recognize Mayor Pto -Tem. Edwards who commented on attending the Jed Warriors. Luncheon hosted by Yellow Cab /Greater San Antonio Transportation. He that this was a very weltattended event and thanked the Mayor for asking him to attend behalf He stated that the Mayor will be receiving annual invitations. Mayor Carpenter recognized Councilmember Fowler who stated on Thursday he and City Manager 'Jobu Kessel attended a meeting with Joint Base San Antonio who provided updates from various departments on the status of several projects. He stated this was a well - attended event and that m ,embers of the Federal and State Government were also in attendance. Mayor Carpenter recognized Councilmember Thompson who provided comments on the members of Love Where You Live Group and City Employees, particularly the Public Works Department who assisted in the clean -up at Aviation Heights and highlighted the large tree trimming and tree trunk removal tasks at 500 Curtiss Street, hauling them off to Pickrell Park. Councilmember Fowler provided further information regarding the Aviation Heights Clean -up day highlighting those workers who were instrumental in trimming and hauling off large tree trunks, junk and debris. 05 -3 -2016 Minutes Page - 11 - Mayor Carpenter thanked Mayor :Pro -Tem Edwards for attending the Wounded Warriors event on his behalf and stated that he was a speaking at the Guadalupe County Republican Women's luncheon. Mayor Carpenter also thanked and recognized City Attorney Clarissa Rodriguez who was in attendance this evening in the absence of City Attorney Charles Zech from our attorneys Denton, Navarro, Rocha, Bernal, Hyde and Zech. 11. Information available in City Council Packets - NO DISCUSSION TO OCCUR Schertz Economic Development Corporation • 2015 Tax Year reimbursement per City's Amazon.com.kydc. Mayor Carpenter, for the record, made i information to Council in their packets and it on our website. Adjournment Mayor Carpenter adjourned the meeting at 7.25 p.m. ATTEST: Brenda Dennis, City S 05 -3 -2016 Minutes Page - 12- with Of the above item stating that this was also available for those who want to view Michlael`Carpenter, Mayor Agenda No. 2 CITY COUNCIL MEMORANDUM City Council Meeting: May 10, 2016 Department: Planning and Community Development Subject: Ordinance 16 -A -10 Consideration and/or action approving an Ordinance by the City Council of the City of Schertz, Texas, providing for the extension of the boundary lines of the City of Schertz, Texas by the annexation of approximately 4.138 acres of land located in the William Bracken Survey No. 74, Abstract No. 43, Bexar County No. 5056, and the W. S. Bennett Survey No. 75, Abstract No. 61, Bexar County No. 5057, located all in Bexar County approximately 3,000 feet east of the intersection of FM 1518 and Ray Corbett Drive. Final Reading BACKGROUND In 2010 the City of San Antonio released 3,486 acres of its Extraterritorial Jurisdiction (ETJ) to the City of Schertz. City Council accepted the area into the City of Schertz ETJ. The subject property is currently located in the Extra Territorial Jurisdiction (ETJ) of the City of Schertz and is owned by City of Schertz. The City is proposing to construct an elevated water storage facility in this location to provide additional capacity for community growth. The subject property, if annexed, is being considered concurrently with the associated zoning request (ZC2016 -004). The zoning request will encompass the same land contained within the annexation ordinance. The request to zone the subject property Public Use District (PUB) which is intended to identify and provide for land owned or may be owned by the City, County, State or Federal Government or the School District; land that has been dedicated to the City for public use such as parks and recreation, and land designated and dedicated to the City as a greenbelt. On April 27, 2016 the Planning and Zoning Commission unanimously voted to forward a recommended to City Council that the property be zoned Public Use District (PUB). City Council approved this on first reading at their meeting of May 3, 2016. City Council Memorandum Page 2 Goal Annex land into the city boundaries in order to construct an elevated storage water tank. This land is owned by the City of Schertz Community Benefit Promote the safe, orderly, efficient development and ensure compliance with the City's vision of future growth. Summary of Recommended Action Approval of the final reading of the proposed ordinance. FISCAL IMPACT In accordance with Texas Local Government Code (LGC) Chapter 43 the City must provide services to the land on the effective date of the annexation. City of Schertz must provide police protection, fire protection, emergency medical services, operation and maintenance of streets, solid waste collection, water service and sewer service. rftxole 1•# I Approval of the annexation Ordinance 16 -A -10 on final reading. ATTACHMENT Ordinance 16 -A -10 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS, PROVIDING FOR THE EXTENSION OF THE BOUNDARY LINES OF THE CITY OF SCHERTZ, TEXAS BY THE ANNEXATION OF APPROXIMATELY 4.138 ACRES OF LAND LOCATED IN BEXAR COUNTY APPROXIMATELY 3,000 FEET EAST OF THE INTERSECTION OF FM 1518 AND RAY CORBETT DRIVE. WHEREAS, the Texas Local Government Code Section 43.021 authorizes a home -rule municipality to annex areas adjacent to its municipal limits according to rules as may be provided by the municipalities charter and not inconsistent with the procedural rules of Chapter 43 of the Texas Local Government Code; and WHEREAS, the City of Schertz (the "City ") home -rule charter provides that the City Council shall have the power by ordinance to annex territory lying adjacent to the City, with or without the consent of the owners or inhabitants thereof limited and controlled only by the applicable annexation laws of the State; and WHEREAS, the Land is owned by the City of Schertz, is located entirely within the extraterritorial jurisdiction of the City, is contiguous and adjacent to the corporate boundaries of the City and may be annexed pursuant to Chapter 43 of the Texas Local Government Code and the City home -rule charter; and WHEREAS, the City Council of the City of Schertz (the "City ") has determined that it should annex the territory described on Exhibit A attached hereto and made a part hereof (the "Land "); and WHEREAS; the City Council of the City finds that (i) the Land is suitable for municipal purposes and (ii) it is in the best interest of the City and the citizens and inhabitants thereof that the Land be annexed to and made a part of the City. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS: THAT: Section 1. The City hereby annexes the Land described in Exhibit A. Section 2. The Land shall be included within the City's corporate limits effective on the effective date of this Ordinance. 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 Ordinance 16 -A -10 conflict, and the provisions of this Ordinance shall be and remain controlling as to the matters resolved herein. Section 5. This Ordinance shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. 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. Section 9. This Ordinance shall be cumulative of all other ordinances of the City of Schertz, and this Ordinance shall not operate to repeal or affect any other ordinances of the City of Schertz except insofar as the provisions thereof might be inconsistent or in conflict with the provisions of this Ordinance, in which event such conflicting provisions, if any, are hereby repealed. Approved on first reading the 3RD of May, 2016. PASSED, APPROVED AND ADOPTED on final reading the 10th day of May, 2016. Michael R. Carpenter, Mayor Brenda Dennis, City Secretary (SEAL OF THE CITY) Ordinance 16 -A -10 Exhibit A "The Land ' IMF FORD ENGY 15w: Dmetukt 5, 2014 PqVaNw 1124121,02 FIELD NOTES DE-SCRIFTION 4A3B M Page I X1'3 I I A C 138 wre [rac t a<rf lutd, situmt l and the. Will ism Bracken Survey vita.. 74, Abstsuvt No, 3 1097 '' "1 rMf, Slate F,,C,4; '5AK"` A T(- ,JNRJ, I FXY552 7 B 2 U (210) 590-4h",'? MY— '5N -040 a Xt9 All M Mb M ww,, %0ur,1vn b nF,,*-rjNwx m Tw9: a°lo- r -1 1�a � Ordinance 16 -A -10 10927 Ordinance 16-A-10 mm� far die" 1411ahmtorn corner of this tract, from which a I jnvh iron pipe fbiand Jor The Northea,stem corner of the sand 0-289 aurc tract, the Ncathuestertr comer of that oertmin '25x01 acre t of IN convoyod to f of Truslots, of the herrz-ciboto-t)rjiveml City lank inndent Sdrool District in Volunno'[42.99, Page, 7 of tbe Official Public RefxVT,)js of Real PmMty of Bexar County, TexasbemN 5,0"'14'27 "9 —72-T, fcct; 'll'l°[l NCRl 5044' 2' W —17,73 feet along the Smithem line of the said 14.49 ac re. tract, the Northern I Inc of the said U89 acre tract to a, Viinch iron rod with cep inarked'VW" fowid for The Fast grah mQst comer of that certain 0.708 acm tract of tmW mmveyed to Board of mstccs of the City Indcpendent School DiRtriet in Volume 14343, Page 1900 of the Officiaillublic Records of Real Property of Bexar County, Texws, tor 4 vo of this nmr of land; THENCE: Along the Northern line of Me, Said 0,708,9cm tract, a line of the remaindeTrif the said 14A9 acre tract, %"th a curve to the right having a M11a to of 4W 14'24", a Radius of370.00 fect, an Are lerqgth of 259-86 Jcct and .9 Chord beming of S &V lYW' ' - ZC55 f` .t to aK inch iron rod with yellow plastic cap mas "Ford Eng fric" mt tint a corner of the said 0.708 acre awt, a comer of the remainder of the said 14-48 acrFc tract, kw a corner of this tract of land; THE NCE. N 76139'42'' W — 63,74 feel, continuing along the Northe rn line of the m [d 0.709 ",re torct, as line of the renlaLrLdc�,r of the mid' 14.48 acre: ttact to as VS inch iron rod with tlow rAastic cap marked 'Ford Eng Inc'* set for a co-meT oft , at 708 acre tract bcs, d(f t a corner of ttm mmaindeF of the said 14-48 acrr tnwt, for a con, tier of this tract of land; -,-I-N,C,O- mm� TKENEE. N 2'V56'35" W — 481110 fcct along �hc Ewsicm IUM of the mid hwmm, W Herrera 15.755 aere tracA, die Western fine of the said 14.48 acre. Iract to the POINT OF BEGUNMING and containing 4.138 awicn of land, according ea a surwy made opp the ground under my suliervision Carvesporoli,rig plat }ire pared- 11249202fitdoex BEARIJVG BASEL) ON THE NOR TH A AIERIC4N D ATUM OF 1 913 , (CYJRS 199,6) FROM THE TEMS ST A M PI-A,Nr COORMNA TE TEXAS SWUM CENTRA.L ZONE. 1 D927 V"E DRIVV 104, 1-800-332,3109 Ordinance 16-A-10 Rex L. Hackett I—S.L.S. Registermed Pro ssional Land Surveyor IJuense Nurriber 5573 W4 ANTUNK), TAE -XA5 78217 1210(1 5W-4777 FAX: 590-4940 '0 13 Site: ww'Wordenginleetmg.com TORE No F- 1162 -" .: We, lu, Ordinance 16 -A -10 � r a° -" .: We, lu, Ordinance 16 -A -10 Agenda No. 3 CITY COUNCIL MEMORANDUM City Council Meeting: May 10, 2016 Department: Planning and Community Development Subject: Ordinance No. 16 -S -11 — Consideration . and /or action approving an Ordinance by the City Council of the City of Schertz, Texas regarding a request to zone approximately 4.138 acres of land to Public Use District (PUB). The property is more specifically described as a portion of the William Bracken Survey No. 74, Abstract No. 43, Bexar County No. 5056, and the W.S. Bennett Survey No. 75, Abstract No. 61, Bexar County No. 5057, located all in Bexar County; located approximately 3,000 feet east of the intersection of FM 1518 and Ray Corbett Drive. Final Reading BACKGROUND This is a request to zone approximately 4.138 acres of land generally located 3,000 feet east of the intersection of FM 1518 and Ray Corbett Drive to Public Use District (PUB). Public Use District (PUB) is intended to identify and provide for land owned or may be owned by the City, County, State or Federal Government or the School District; land that has been dedicated to the City for public use such as parks and recreation, and land designated and dedicated to the City as a greenbelt. The subject property is currently located in the Extra Territorial Jurisdiction (ETJ) of the City of Schertz and is owned by City of Schertz. The City is proposing to construct an elevated water storage facility in this location to provide additional capacity for community growth. The public hearing notice was published in "The Daily Commercial Recorder" on April 15, 2016 and the "Herald" on April 20, 2015. Six (6) public hearing notices were mailed to surrounding property owners within two hundred (200) feet of the subject property on April 16, 2016. At the time of this report no reply form with responses have been received. City Council Memorandum Page 2 Comments and questions received at the April 27, 2016 Planning and Zoning Commission public hearing included clarification on the required legal notice requirements and sizing of the proposed elevated storage tank. City Council approved this on first reading at their meeting of May 3, 2016. Goal Zone approximate 4.138 acre tract of land to Public Use District (PUB). Community Benefit Promote safe, orderly, efficient development and ensure compliance with the City's vision of future growth. Summary of Recommended Action Staff reviewed the request for conformance with the Comprehensive Land Plan and the Future Land Use Plan (FLUP). The Future Land Use Plan (FLUP) designates the subject property for Mixed Use Neighborhood which is defined in the Comprehensive Land Plan as intended to accommodate the development of walkable neighborhoods within South Schertz in the vicinity of FM 1518 and Lower Seguin Road which includes various residential and live work uses. • Comprehensive Plan Goals and Objectives: The proposed rezoning request is generally in conformance with the goals and objectives of the Comprehensive Plan. In particular, the proposed zone change supports the goal to ensure adequate development of public facilities as well as upgrade public facilities and services in order to meet the challenges of growth. • Impact of Infrastructure: The proposed zone change will have an impact on the waste infrastructure system by providing additional capacity for community growth. • Impact of Public Facilities /Services: The proposed rezoning request should have a minimal impact on public services, such as schools, fire, police, parks and sanitation services. • Compatibility with Existing and Potential Adjacent Land Uses: The subject property is currently surrounded by undeveloped land, single family residential and agriculture uses which is currently consistent with the Comprehensive Land Use Plan. FISCAL IMPACT None 1 .7 OLINVI 10410111111117.1% Y [I7►1 City Council Memorandum Page 3 The Planning and Zoning Commission conducted the public hearing on April 27, 2016 and offered a recommendation of approval by a unanimous vote. Staff recommends approval of Ordinance 16 -5 -11 to zone the subject property to Public Use District (PUB) on final reading. Ordinance No. 16 -5 -11 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AMENDING THE OFFICIAL ZONING MAP BY ZONING APPROXIMATELY 4.138 ACRE TRACT OF LAND LOCATED APPROXIMATELY 3,000 FEET EAST OF THE INTERSECTION OF FM 1518 AND RAY CORBETT DRIVE TO PUBLIC USE DISTRICT (PUB). WHEREAS, an application to zone approximately 4.138 acres of land described in the Exhibit A and Exhibit B attached herein (herein, the "Property ") has been filed with the City; and WHEREAS, the City's Unified Development Code Section 21.5.4.D. provides for certain conditions to be considered by the Planning and Zoning Commission in making recommendations to City Council and by City Council in considering final action on a requested zone change (the "Conditions "); and WHEREAS, on April 27, 2016, the Planning and Zoning Commission conducted a public hearing and, after considering the Conditions, hereby makes a recommendation of approval of the zoning; and WHEREAS, on May 3, 2016 the City Council conducted a public hearing and after considering the Conditions and recommendation by the Planning and Zoning Commission, determined that the requested zoning be approved as provided for herein. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS: THAT: Section 1. The Property as shown and more particularly described in the attached Exhibit A and Exhibit B, is hereby zoned Public Use District (PUB). Section 2. The Official Zoning Map of the City of Schertz, described and referred to in Article 2 of the Unified Development Code, shall be revised to reflect the above amendment. 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. This Ordinance shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. 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. Section 9. This Ordinance shall be cumulative of all other ordinances of the City of Schertz, and this Ordinance shall not operate to repeal or affect any other ordinances of the City of Schertz except insofar as the provisions thereof might be inconsistent or in conflict with the provisions of this Ordinance, in which event such conflicting provisions, if any, are hereby repealed. Approved on first reading the 3rd day of May, 2016. . PASSED, APPROVED AND ADOPTED on final reading the I Oth day of May, 2016. . Michael R. Carpenter, Mayor ATTEST: Brenda Dennis, City Secretary (SEAL OF THE CITY) Exhibit A "The Property" OREM i, -Date' Decetaber 5, 2014 Prckiat. No l l24 -92)( 4AM Acres Page t oaf 3' ! A 4AS acre Irarrtol' land, ;,,dtus", in the Fllli rrt Bracken Survey No.. 74, AbAucxr No, 43., :Rex4r County tl ,k No. 5056 mice the W. S. Elermt It Snrvvy No 75, Abstract No. 6 1, Bextar County Bl tr..Jr o- 5057, in ttm City of ScherU, Texas; boinga portion of the rternaimk -r of it t rk�qaan 14ASacre tr d ofland rananvuyed to'w mIcy YL Rumpf I n Volume 6622, PAge, 3 28 of die DITic irrl Paiblic Rvcortttb of Real Property of Basra C�mnly, T"avwatt , Arr 104, ,AN AN"I ;rNIO, TUX AS 7 8 2t"7 (2 10) 590-V b" FAX, "a -4k)40 1,800,332-3 M10 �wWwAasdump UK N t -11 a A-1 mm mm� for the swath tern corncr of this tract frorn which a I inch iron pipe Nind for the Nortkastern corner of the said 0-289 acre ma, the Northwestern, comer of that certain 25x01 m:m tract of land conveyed to Board of Trustcv,% of the &1,,hcrrz-Cibolo-U1nivcml City Independent plc hool District, in Volume 14299. Page 7 of he Ofheial Public Rtmxlrd�i of Real Pro perry of BexaT County, 1'exas beams N 5WI 4'2T'F, — 72.T, feet,-, TIIFNCE. 8 XF 14'22' W — 17,73 feet along the Starthern line of fN, said 14.49, ac re. tract, the Nord ffn I Ine. of the mid 0.289 vicTe tract to a, 1/2 inch iron rod with cap marked fowid for The FoommQst Qorncr of that certain 0.708 acre met of l di veyed tea= Board of Tmsfecs of the City Independent Sc "A District in Volumo 14343,, Page I %, 0 of the Of Public Records of Real Property of Elexar County, Texas, for ,n vorm of this tract of land-, THFNCE :Palo ng the Notdrem line of thessid 0,708acre tract, a [hie of the rem Edreirrof the said i 4A9 acre tract, with a curve to the right having a, Delta angle of 4W14,24 ", a Radius of 3X00 fect, an Are leogth. of Z59-86 feat and a Cllotd, bealling of 93111,1W"' W' - 254.55 fbet to a IK inch Iron nod with yellow plastic cap markod "Ford, Eng file' mt1br a corner of the said 0.708 acre tract, a comer of the rctrmindcT of the said 14-48 a•rc. tract, for a corner of this tract of lund-1 TUE N 7t? 3 9'4T' W — 63,74 feet coritinuing along the No rthem line of the Saiiii 0.709 acre tract, is line of die remainder of the said 14AR acre tt-&-A to a V, inch iren rod, with yellow pl&Tqfic cap marked 'Ford Eng Inc" set fora cameTof the sajd_ 0,70it acre tract, a corner of thm mminder of the said 14A8 acre tractJor a comer of this tract of land-, m ,R.4RINGSAP.E BASED ON THEIVORTH Wit, RICAN DATUM OF 1983 (c'ORs 1996) FROM ME TEN4SVT,4 TE PfI,NF C TF,-44S,5VUTff CENTRAL ZONE. Rex 1- 1l kett .s I.. S. Rughm,nd f1rofessiond Land Stzrvcyor Lieemo Number 5573 VKIWI 5011f., 104, $AN ANTUNK3, TEXA578217 12lrJl 5F4=4777 FAk 590-4940 A-3 Exhibit B "The Property" Agenda No. 4 CITY COUNCIL MEMORANDUM City Council Meeting: May 3, 2016 Department: Development Services Subject: Ordinance No. 16 -S -12 — Consideration and /or action approving an Ordinance by the City Council of the City of Schertz, Texas on a request to rezone approximately 2.76 acres of land in the Verde Enterprise Business Park Planned Unit Development (PUD) Ordinance 07 -S -14A to Planned Development District (PDD). The property is specifically Lot 1, Block 9 of the Verde Enterprise Business Park Unit 2 and is located at 1.7145 IH -35N in the City of Schertz, Guadalupe County, Texas. (Final Reading) BACKGROUND Blanco Business Center LP is proposing to rezone approximately 2.76 acres of land in the Verde Enterprise Business Park Planned Unit Development (PUD) Ordinance 07 -S -14A to Planned Development District (PDD). The Verde Enterprise Business Park PUD Ordinance 07 -S -14A was approved by City Council on March 6, 2007 to allow a mix of commercial and industrial uses. The request is to develop Lot 1, Block 9 of Unit 2 in the Business Park in accordance with the existing PUD Ordinance 07 -S -14A with a modification to the building setback adjacent to property located outside that is commercial or industrial. The public hearing notice was published in "The Daily Commercial Recorder" on April 15, 2016 and the "Herald" on April 20, 2016. Six (6) public hearing notices were mailed to surrounding property owners within two hundred (200) feet of the subject property on April 1, 2016. No responses have been received. City Council approved this on first reading at their meeting of May 3, 2016. Goal Sattz Candlewood LLC is requesting to rezone the approximate 2.76 acres tract of land to modify the development standards to change the setbacks for buildings from a perimeter lot line outside of the Planned Development District from a minimum of 50' to a minimum of 20'. City Council Memorandum Page 2 Community Benefit It is the City's desire to promote safe, orderly, efficient development and ensure compliance with the City's vision of future growth. Summary of Recommended Action The subject property is an approximately 2.76 acre tract of land that is located on the north east corner of the intersection of Mid - Cities Parkway and IH -35. The property is currently undeveloped. The applicant is requesting to rezone the subject property to modify the development standards to change the setbacks for buildings from a perimeter lot line or property outside of the PUD from fifty foot (50') to twenty foot (20'). The subject property shall develop in accordance with the regulations of Ordinance 07-S- 14A except as follows: IV. AMENDMENTS TO COMMERCIAL AREA DEVLEPMENT STANDARDS A.1 Building Setback All buildings shall have a setback of at least twenty feet (20') from a perimeter lot line of property outside of the PUD. [7.9A(c)]. Staff has reviewed the request and is of the opinion that that proposed zoning request will be compatible with the surrounding adjacent land uses. It is unclear why the PUD was written to have a greater setback adjacent to commercial or industrial uses when the current zoning of General Business (GB) for the adjacent property located outside the PDD has a minimum side yard setback of zero (0). FISCAL IMPACT None RECOMMENDATION The Planning and Zoning Commission conducted the public hearing on April 13, 2016 and offered a recommendation of approval by a unanimous vote. Staff recommends approval of the zoning request by approving Ordinance No. 1.6 -S -12 on final reading. ATTACHMENT Ordinance No. 16 -S -12 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AMENDING THE OFFICIAL ZONING MAP BY ZONING APPROXIMATELY 2.76 ACRES OF LAND THAT IS SPECIFICALLY LOT 1, BLOCK 9 OF THE VERDE ENTERPRISE BUSINESS PARK UNIT 2 AND IS LOCATED AT 17145 IH -35 N FROM PLANNED UNIT DEVELOPMENT (PUD) TO PLANNED DEVELOPMENT DISTRICT (PDD). WHEREAS, an application to rezone approximately 2.76 acres of land described in the Exhibit A and Exhibit B attached herein (herein, the "Property ") has been filed with the City; and WHEREAS, the City's Unified Development Code Section 21.5.4.D. provides for certain conditions to be considered by the Planning and Zoning Commission in making recommendations to City Council and by City Council in considering final action on a requested zone change (the "Conditions "); and WHEREAS, on April 13, 2016, . the Planning and Zoning Commission conducted a public hearing and, after considering the Conditions, herby makes a recommendation of approval of the rezoning according to the development standards set forth in Exhibit C attached herein (the "Development Standards "); and WHEREAS, on May 3, 2016 the City Council conducted a public hearing and after considering the Conditions and recommendation by the Planning and Zoning Commission, determined that the requested zoning be approved as provided for herein. Section 1. The Property as shown and more particularly described in the attached Exhibit A and Exhibit B, is hereby zoned Planned Development District (PDD). Section 2. The Official Zoning Map of the City of Schertz, described and referred to in Article 2 of the Unified Development Code, shall be revised to reflect the above amendment. 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. This Ordinance shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. 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. Section 9. This Ordinance shall be cumulative of all other ordinances of the City of Schertz, and this Ordinance shall not operate to repeal or affect any other ordinances of the City of Schertz except insofar as the provisions thereof might be inconsistent or in conflict with the provisions of this Ordinance, in which event such conflicting provisions, if any, are hereby repealed. Approved on first reading the 3rd day of May, 2016. PASSED, APPROVED AND ADOPTED on final reading the 10th day of May, 2016. Michael R. Carpenter, Mayor Brenda Dennis, City Secretary (SEAL OF THE CITY) Exhibit A "The Property" -------------------------- v Ln z Iq xn um 3 ry "OT w rr z kp 11 zr Al .%ALM I=CA c lk� k"V v WjSUGM fARr, UNrr 2 mm7N 4PM�:— Exhibit B "The Property" Exhibit C "The Development Standards" The subject property will develop in accordance with the regulations of Ordinance 07 -S -14A except as follows: A.1 Building Setback All buildings shall have a setback of at least twenty feet (20') from a perimeter lot line of property outside of the PUD. [7.9A (c)]. Agenda No. 5 CITY COUNCIL MEMORANDUM City Council Meeting: May 10, 2016 Department: Mayor /Council Subject: Boards, Commissions, Committees appointments BACKGROUND On December 8, 2015, . City Council passed Resolution 15 -R -48 establishing the Committee of Committees Advisory Board (CCAB) for the purpose of continuing the work of the former Task Force established a year prior in December 2014. The CCAB was formed and has been meeting monthly since February 2016 with 7 members, each one representing their respective Board/Commission /Committee. The following individuals were the appointed members: • Chair, Richard Dziewit, (Board of Adjustment & Transportation Safety Advisory Commission) • Vice- Chair, Barbara Hall (Schertz Historical Preservation Committee) • Member, Frank McElroy (Board of Adjustment) • Member, Michael Dahle (Planning and Zoning Commission) • Member, Howson Lau (Library Advisory Board) • Member, Floy (Fae) Simmons (Parks and Recreation Advisory Board) • Member, Tim Brown (Economic Development Corporation). Resolution 15 -R -48 provides for filling any vacancy on this committee by city council appointment within 60 days from the commencement of the vacancy. The City Secretary's Office received notification from committee member Mr. Howson Lau of his resignation due to a career transfer. His resignation was effective as of May 3, 2016. Council ratified Mr. Lau's resignation at the City Council Meeting of April 26, 2016. RECOMMENDATION The Library Advisory Committee met Monday, May 2, 2016 and recommends Council ratify the appointment of Ms. Shonale Burke (Library Advisory Board) to the vacant position on the Committee of Committees Advisory Board. Agenda No. 6 lei IM401"LlueIEd1a10[Q VE110111/lul City Council Meeting: May 10, 2016 Department: Parks Subject: Ordinance No. 16 -T -13 — A Ordinance by the City Council of the City of Schertz, Texas authorizing the transfer of funds from the Tree Mitigation Fund account to the Parks Tree Mitigation budget account. (B. James /C. VanZandt) First Reading Axe X" 0111eK The City of Schertz has been approached by both CCMA and SCUCISD to enter into Interlocal Agreements with each entity to utilize Tree Mitigation Funds to support new tree installation and associated irrigation for new construction projects underway by both entities. CCMA is in the process of building a new sewage treatment plant in South Schertz to provide service for an ever - increasing residential demand in that area. SCUCISD is in the process of expanding parking around the main campus building perimeter at Wilder Intermediate School. Both projects involve the installation of trees (and associated supporting irrigation systems) as required under the City of Schertz Unified Development Code and both entities have requested that this requirement be funded through the use of Tree Mitigation funds. FISCAL IMPACT The approved Parks Budget for FY 201.5 -16 for Tree Mitigation is $27,000. Budget amendment were made to pay for trees for the soccer complex and tree trimming round 2. The Tree Mitigation funds requested by CCMA to support their sewage treatment plant project are in the amount of $30,000. The Tree Mitigation funds requested by SCUCISD to support their Wilder Intermediate School project are in the amount not to exceed $14,000 for a total amount not to exceed $44,000. In order to cover these costs (and other contingencies that may arise), staff is requesting that $20,000 be transferred from the Tree Mitigation Fund to the Parks Tree Mitigation budget account 319- 302 - 551710. The current fund balance in the Tree Mitigation Fund is approximately $1.01,000. This transfer would leave a fund balance of approximately $81,000. GOAL Transfer funds from the Tree Mitigation Fund to the FY 2015 -16 Tree Mitigation Parks budget account to be utilized to support the requests for Tree Mitigation funding by CCMA and SCUCISD. RECOMMENDATION Staff recommends that the transfer of funds be accomplished in order to support the requests for funding from CCMA and SCUCISD. ATTACHMENTS Ordinance 16 -T -13 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING THE TRANSFER OF FUNDS FROM THE TREE MITIGATION FUND TO THE PARKS TREE MITIGATION ACCOUNT FOR FY 2015 -16; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT WITH THIS ORDINANCE; WHEREAS, the City of Schertz was approached by both CCMA and SCUCISD to enter into Interlocal Agreements with each entity to utilize Tree Mitigation Funds to support new tree installation and associated irrigation for new construction projects underway by both entities; and WHEREAS, the request for funding by CCMA is in the amount of $30,000 and the request for funding by SCUCISD is in an amount not to exceed $14,000 for a total not to exceed $44,000; and WHEREAS, the budgeted amount for Parks in FY 2015 -16 for Tree Mitigation is $27,000 which is insufficient to cover the requested funding amounts: and WHEREAS, the City Council of the City has determined that it is in the best interest of the City to support the funding requests from CCMA and SCUCISD; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS: Section 1. The City Manager is hereby authorized to transfer $20,000 from the Tree Mitigation Fund to the Parks Tree Mitigation budget account 319 - 302 - 551710 leaving a fund balance of approximately $81,000. Section 2. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Ordinance for all purposes and are adopted as a part of the judgment and findings of the Council. Section 3. All ordinances and codes, or parts thereof, which are in conflict or inconsistent with any provision of this Ordinance are hereby repealed to the extent of such conflict, and the provisions of this Ordinance shall be and remain controlling as to the matters resolved herein. Section 4. This Ordinance shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 5. If any provision of this Ordinance or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Ordinance and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City hereby declares that this Ordinance would have been enacted without such invalid provision. Section 6. It is officially found, determined, and declared that the meeting at which this Ordinance is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Ordinance, was given, all as required by Chapter 551, as amended, Texas Government Code. Section 7. This Ordinance shall be effective upon the date of final adoption hereof and any publication required by law. PASSED ON FIRST READING, the 1 Oth day of May, 2016. Michael R. Carpenter, Mayor Brenda Dennis, City Secretary (SEAL OF THE CITY) 50558021.1 - 2 - Agenda No. 7 CITY COUNCIL MEMORANDUM City Council Meeting: May 10, 2016 Department: Parks Subject: Resolution No. 16 -R -35 — A Resolution by the City Council of the City of Schertz, Texas authorizing the approval of Interlocal Agreements with CCMA and SCUCISD for the use of Tree Mitigation Funds (C. Van Zandt/B. James) BACKGROUND The City of Schertz has been approached by both CCMA and SCUCISD to enter into Interlocal Agreements with each entity to utilize Tree Mitigation Funds to support new tree installation and associated irrigation for new construction projects underway by both entities. CCMA is in the process of building a new sewage treatment plant in South Schertz to provide service for an ever - increasing residential demand in that area. SCUCISD is in the process of expanding parking around the main campus building perimeter at Wilder Intermediate School. Both projects involve the installation of trees (and associated supporting irrigation systems) as required under the City of Schertz Unified Development Code and both entities have requested that this requirement be funded through the use of Tree Mitigation funds. Under the current UDC, Section 21.9.9 Tree Preservation and Mitigation, Section D. Tree Mitigation, the following information is provided: In the event that mitigation is not feasible on the same site as the proposed development, an applicant may request to donate trees, meeting the mitigation requirements of this section, to be planted at public parks, schools, or other approved public facilities throughout the City or provide a fee -in -lieu of navment which will be used to place trees at public narks. schools. or other approved public facilities throughout the City. Tree mitigation funds may also be utilized to install irrigation, to repair or remove damaged or destroyed trees, to preserve and protect existing Protected and Heritage Trees and to purchase equipment for the preservation or protection of existing trees. CCMA is requesting $30,000 in support of their project and SCUCISD is requesting an amount not to exceed $14,000 in support of their project. The total cost for these projects should not exceed $44,000. The current, unencumbered balance in the account is approximately $101,000. Goal Approve Resolution 16 -R -35 authorizing the City Manager to enter into an Interlocal Agreement with both parties outlining the terms in which the Tree Mitigation Funds may be utilized to provide for the installation of trees and irrigation at their respective project sites. The interlocal agreements are attached. Community Benefit The beautification of the project sites for both CCMA and SCUCISD is accordance with the Unified Development Code for the City of Schertz. Summary of Recommended Action City Council approval of Interlocal Agreements with CCMA and SCUCISD. FISCAL IMPACT $30,000 for the CCMA project and an amount not to exceed $1.4,000 for the SCUCISD project. The funds will come out of the Tree Mitigation Fund account number 319 - 302 - 551710. RECOMMENDATION Staff recommends Council approval of Resolution 16 -R -35 conditioned on approval of the associated budget amendment. ATTACHMENTS Resolution 1.6 -R -3 SCUCISD Interlocal Agreement CCMA Interlocal Agreement RESOLUTION NO. 16 -R -35 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING THE APPROVAL OF THE USE OF TREE MITIGATION FUNDS TO SUPPORT TREE INSTALLATION FOR CCMA AT THEIR NEW SEWAGE TREATMENT PLANT ON FM 1518 SOUTH AND TO SUPPORT TREE INSTALLATION FOR SCUCISD AT WILDER INTERMEDIATE SCHOOL, AND OTHER MATTERS IN CONNECTION THEREWITH WHEREAS, the City staff of the City of Schertz (the "City ") has been approached by both CCMA and SCUSISD to authorize the use of Tree Mitigation Funds to support new tree installation and associated irrigation for new construction projects underway by both entities; and WHEREAS, City staff has determined that Tree Mitigation Funds can be utilized to place trees at public parks, schools, and other approved public facilities throughout the City of Schertz and Tree Mitigation Funds may also be used to install irrigation systems to support the newly planted trees; and WHEREAS, pursuant to Section 21.9.9 Tree Preservation and Mitigation, Section D. Tree Mitigation the funds can be utilized as requested from CCMA ($30,000) and SCUCISD (amount not to exceed $14,000) for a total requested amount not to exceed $44,000 ; and WHEREAS, the City Council has determined that it is in the best interest of the City to approve the Interlocal Agreements with CCMA and SCUCISD and authorize the expenditure of Tree Mitigation Funds to support those agreements; BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS THAT: Section 1. The City Council hereby authorizes the City Manager to execute and deliver the Interlocal Agreements with CCMA and SCUCISD and utilize Tree Mitigation Funds to support those agreements. 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 ATTEST: Brenda Dennis, City Secretary (CITY SEAL) 50077397.1 50077397.1 A -1 INTERLOCAL AGREEMENT BETWEEN THE CITY OF SCHERTZ, TEXAS AND THE SCHERTZ- CIBOLO- UNIVERSAL CITY INDEPENDENT SCHOOL DISTRICT REGARDING THE USE OF THE TREE MITIGATION FUND TO REIMBURSE FOR THE INSTALLATION AND IRRIGATION OF TREES AT WILDER INTERMEDIATE This Interlocal Agreement Between the City of Schertz, Texas and the Schertz- Cibolo- Universal City Independent School District Regarding the use of the tree mitigation fund to reimburse for the installation and irrigation of trees at Wilder Intermediate School (the "Agreement ") is entered into between the City of Schertz, Texas, a Texas municipal corporation (the "City"), and the Schertz- Cibolo- Universal City Independent School District, a political subdivision of the State of Texas (the "District "), acting by and through its Board of Trustees pursuant to authority granted under the Interlocal Cooperation Act, Chapter 791, Texas Government Code, as the same may be amended from time to time, to be effective as of the date on which the last Parry signs this Agreement (the "Effective Date "). The City and the District are collectively referred to herein as the "Parties" and are each a "Party". WITNESSETH: WHEREAS, Chapter 791 of the Texas Government Code, as amended, titled Interlocal Cooperation Contracts, authorizes contracts between political subdivisions for the performance of governmental functions and services; WHEREAS, the District has requested the use of the tree mitigation fund to reimburse the District for certain expenses incurred for the installation and irrigation of trees for Wilder Intermediate School ( "Project "), located at in Schertz, Texas; WHEREAS, Section 21.9.9 (D) of the Schertz Unified Development Code provides that, the funds received for fee -in -lieu of planting payments under the Tree Preservation and Mitigation (the "Fund ") requirements will be used to place trees at public parks, schools, or other approved public facilities throughout the City; WHEREAS, the Fund may also be utilized to install irrigation, to repair or remove damaged or destroyed trees, to preserve and protect existing Protected and Heritage Trees and to purchase equipment for the preservation or protection of existing trees, and; WHEREAS, both the City and the District have determined it is in their best interest to, enter into an agreement for the reimbursement of the eligible expenses of the Project from the Fund; and WHEREAS, the Project will be for the benefit of the public, including residents of both the City and the residents residing in areas served by the District. NOW THEREFORE, in consideration of the mutual covenants and agreements herein contained, the sufficiency of which are acknowledged, and subject to the terms and conditions hereinafter set forth, the Parties agree as follows: 50558090.5 I. Completion of the Project by the District II. Submission of Expenses from District to City III. Reimbursement of Project Expenses From Fund by City to District IV. Binding Effect; Benefiting Parties 4.1 This Agreement shall bind and benefit the respective Parties and their legal successors, but shall not otherwise be assignable, in whole or in part, by either Party without first obtaining the written consent of the other Party. 4.2 This Agreement inures to the benefit of and obligates only the Parties. No term or provision of this Agreement shall benefit or obligate any person or entity not a Party to the Agreement. The Parties shall cooperate fully in opposing any attempt by any third person or entity to claim any benefit, protection, release, or other consideration under this Agreement. V. Governmental Functions; Liability; No Waiver of Immunity or Defenses 5.1 Notwithstanding any provision to the contrary herein, this Agreement is a contract for and with respect to the performance of governmental functions by governmental entities. 5.1.1 The services provided for herein are governmental functions, and the City and the District shall be engaged in the conduct of a governmental function while providing and /or performing any service pursuant to this Agreement. 5.1.2 The relationship of the District and the City shall, with respect to that part of any service or function undertaken as a result of or pursuant to this Agreement, be that of independent contractors. 5.1.3 Nothing contained herein shall be deemed or construed by the Parties, or by any third party, as creating the relationship of principal and agent, partners, joint ventures, or any other similar such relationship between the Parties. 5.2 Each Party reserves and does not waive any defense available to it at law or in equity as to any claim or cause of action whatsoever that may arise or result from or in connection with this Agreement. This Agreement shall not be interpreted nor construed to give to any third party the right to any claim or cause of action, and neither the City nor the District shall be held legally liable for any claim or cause of action arising pursuant to or in connection with this Agreement except as specifically provided herein or by law. 5.3 Neither Party waives or relinquishes any immunity or defense on behalf of itself, its trustees, councilmembers, officers, employees, and agents as a result of the execution of this Agreement and the performance of the covenants and agreements contained herein. 50558090.5 - 2 - VI. Notices 6.1 All correspondence and communications concerning this Agreement shall be directed to: SCHERTZ: City of Schertz 1400 Schertz Parkway Schertz, Texas 781.54 Attention: City Manager With a copy to: Denton, Navarro, Rocha, Bernal, Hyde & Zech, P.C. 2517 N. Main Avenue San Antonio, Texas 78212 Attention: Charles E. Zech DISTRICT: Schertz- Cibolo- Universal City Independent School District 1060 Elbel Road Schertz, Texas 78154 -209 Attn: Superintendent of Schools With a copy to: Walsh, Anderson, Gallegos, Green & Trevino, P.C. 100 N. E. Loop 410, Suite 900 San Antonio, Texas 7821.6 Attn: George E. Grimes, Jr. Notices required hereunder shall be hand - delivered or sent by prepaid certified mail, return receipt requested. VII. Severability 7.1 If any provision of this Agreement shall be deemed void or invalid, such provision shall be severed from the remainder of this Agreement, which shall remain in force and effect to the extent that it does not destroy the benefit of the bargain. VIII. Entire Agreement 8.1 This Agreement is the entire agreement between the City and the District as to the subject matter hereof and supersedes any prior understanding or written or oral agreement relative to the subject matter hereof. This Agreement may be amended only by written instrument duly approved and executed by both Parties in accordance with the formalities of this Agreement. IX. Governing Law; Venue 9.1 All Parties agree that this Agreement shall be construed under the laws of the State of Texas, and obligations under the Agreement shall be performed in Guadalupe County, Texas. In the event that any legal proceeding is brought to enforce this Agreement or any provision hereof, 50558090.5 - 3 - the same shall be brought in the State District Court of Guadalupe County, Texas. The Parties agree to submit to the jurisdiction of said court. [ Signatures and acknowledgements on the following pages J 50558090.5 - 4 - SIGNATURE PAGE TO INTERLOCAL AGREEMENT BETWEEN THE CITY OF SCHERTZ, TEXAS AND THE SCHERTZ- CIBOLO- UNIVERSAL CITY INDEPENDENT SCHOOL DISTRICT REGARDING THE USE OF THE TREE MITIGATION FUND TO REIMBURSE FOR THE INSTALLATION AND IRRIGATION OF TREES AT WILDER INTERMEDIATE The Parties hereto have executed this Agreement as of the dates set forth below to be effective as of the Effective Date. CITY OF SCHERTZ, TEXAS C John C. Kessel, City Manager THE STATE OF TEXAS § COUNTY OF GUADALUPE § This instrument was acknowledged before me on the day of , 201_, by John C. Kessel, the City Manager of the City of Schertz, Texas, a Texas municipal corporation, on behalf of said City. [ Seal ] Notary Public in and for the State of Texas 50558090.5 S -1 SIGNATURE PAGE TO INTERLOCAL AGREEMENT BETWEEN THE CITY OF SCHERTZ, TEXAS AND THE SCHERTZ- CIBOLO- UNIVERSAL CITY INDEPENDENT SCHOOL DISTRICT REGARDING THE USE OF THE TREE MITIGATION FUND TO REIMBURSE FOR THE INSTALLATION AND IRRIGATION OF TREES AT WILDER INTERMEDIATE SCHERTZ- CIBOLO- UNIVERSAL CITY INDEPENDENT SCHOOL DISTRICT C Greg Gibson, Superintendent of Schools THE STATE OF TEXAS § COUNTY OF GUADALUPE § This instrument was acknowledged before me on the day of , 201, by Greg Gibson, the Superintendent of Schools of the Schertz- Cibolo- Universal City Independent School District, a political subdivision of the State of Texas, on behalf of said entity. [ Seal ] Notary Public in and for the State of Texas 50558090.5 S -2 EXHIBIT A PROJECT [See attached] 50558090.5 A -1 INTERLOCAL AGREEMENT BETWEEN THE CITY OF SCHERTZ, TEXAS AND THE CIBOLO CREEK MUNICIPAL AUTHORITY REGARDING THE USE OF THE TREE MITIGATION FUND TO REIMBURSE FOR THE INSTALLATION AND IRRIGATION OF TREES AT WILDER INTERMEDIATE This Interlocal Agreement Between the City of Schertz, Texas and the Cibolo Creek Municipal Authority Regarding the use of the tree mitigation fund to reimburse for the installation and irrigation of trees at South Schertz Sewer Treatment Plant(the "Agreement ") is entered into between the City of Schertz, Texas, a Texas municipal corporation (the "City "), and the Cibolo Creek Municipal Authority, a political subdivision of the State of Texas (the "Authority "), acting by and through its Board pursuant to authority granted under the Interlocal Cooperation Act, Chapter 791, Texas Government Code, as the same may be amended from time to time, to be effective as of the date on which the last Party signs this Agreement (the "Effective Date "). The City and the Authority are collectively referred to herein as the "Parties" and are each a "Party ". ax .M.m WHEREAS, Chapter 791 of the Texas Government Code, as amended, titled Interlocal Cooperation Contracts, authorizes contracts between political subdivisions for the performance of governmental functions and services; WHEREAS, the Authority has requested the use of the tree mitigation fund to reimburse the District for certain expenses incurred for the installation and irrigation of trees for Wilder Intermediate School ( "Project "), located at in Schertz, Texas; WHEREAS, Section 21.9.9 (D) of the Schertz Unified Development Code provides that, the funds received for fee -in -lieu of planting payments under the Tree Preservation and Mitigation (the "Fund ") requirements will be used to place trees at public parks, schools, or other approved public facilities throughout the City; WHEREAS, the Fund may also be utilized to install irrigation, to repair or remove damaged or destroyed trees, to preserve and protect existing Protected and Heritage Trees and to purchase equipment for the preservation or protection of existing trees, and; WHEREAS, both the City and the Authority have determined it is in their best interest to, enter into an agreement for the reimbursement of the eligible expenses of the Project from the Fund; and WHEREAS, the Project will be for the benefit of the public, including residents of both the City and the residents residing in areas served by the Authority. NOW THEREFORE, in consideration of the mutual covenants and agreements herein contained, the sufficiency of which are acknowledged, and subject to the terms and conditions hereinafter set forth, the Parties agree as follows: 50558090.5 I. Completion of the Project by the Authority Il. Submission of Expenses from Authority to City III. Reimbursement of Project Expenses From Fund by City to Authority IV. Binding Effect; Benefiting Parties 4.1 This Agreement shall bind and benefit the respective Parties and their legal successors, but shall not otherwise be assignable, in whole or in part, by either Party without first obtaining the written consent of the other Party. 4.2 This Agreement inures to the benefit of and obligates only the Parties. No term or provision of this Agreement shall benefit or obligate any person or entity not a Party to the Agreement. The Parties shall cooperate fully in opposing any attempt by any third person or entity to claim any benefit, protection, release, or other consideration under this Agreement. V. Governmental Functions; Liability; No Waiver of Immunity or Defenses 5.1 Notwithstanding any provision to the contrary herein, this Agreement is a contract for and with respect to the performance of governmental functions by governmental entities. 5.1.1 The services provided for herein are governmental functions, and the City and the Authority shall be engaged in the conduct of a governmental function while providing and /or performing any service pursuant to this Agreement. 5.1.2 The relationship of the Authority and the City shall, with respect to that part of any service or function undertaken as a result of or pursuant to this Agreement, be that of independent contractors. 5.1.3 Nothing contained herein shall be deemed or construed by the Parties, or by any third party, as creating the relationship of principal and agent, partners, joint ventures, or any other similar such relationship between the Parties. 5.2 Each Party reserves and does not waive any defense available to it at law or in equity as to any claim or cause of action whatsoever that may arise or result from or in connection with this Agreement. This Agreement shall not be interpreted nor construed to give to any third party the right to any claim or cause of action, and neither the City nor the Authority shall be held legally liable for any claim or cause of action arising pursuant to or in connection with this Agreement except as specifically provided herein or by law. 5.3 Neither Parry waives or relinquishes any immunity or defense on behalf of itself, its trustees, councilmembers, officers, employees, and agents as a result of the execution of this Agreement and the performance of the covenants and agreements contained herein. 50558090.5 - 2 - VI. Notices 6.1 All correspondence and communications concerning this Agreement shall be directed to: SCHERTZ: City of Schertz 1400 Schertz Parkway Schertz, Texas 781.54 Attention: City Manager With a copy to: Denton, Navarro, Rocha, Bernal, Hyde & Zech, P.C. 2517 N. Main Avenue San Antonio, Texas 78212 Attention: Charles E. Zech Authority: Cibolo Creek Municipal Authority 100 Dietz Road Schertz, Texas 78154 -209 Attn: Clint Ellis With a copy to: Lloyd Gosselink Rochelle & Townsend, P.C. 806 Congress Avenue, Suite #1900 Austin, Texas 78701 Attn: Brad Castleberry Notices required hereunder shall be hand - delivered or sent by prepaid certified mail, return receipt requested. VII. Severability 7.1 If any provision of this Agreement shall be deemed void or invalid, such provision shall be severed from the remainder of this Agreement, which shall remain in force and effect to the extent that it does not destroy the benefit of the bargain. VIII. Entire Agreement 8.1 This Agreement is the entire agreement between the City and the Authority as to the subject matter hereof and supersedes any prior understanding or written or oral agreement relative to the subject matter hereof. This Agreement may be amended only by written instrument duly approved and executed by both Parties in accordance with the formalities of this Agreement. IX. Governing Law; Venue 9.1 All Parties agree that this Agreement shall be construed under the laws of the State of Texas, and obligations under the Agreement shall be performed in Guadalupe County, Texas. In the event that any legal proceeding is brought to enforce this Agreement or any provision hereof, 50558090.5 - 3 - the same shall be brought in the State District Court of Guadalupe County, Texas. The Parties agree to submit to the jurisdiction of said court. [ Signatures and acknowledgements on the following pages J 50558090.5 - 4 - SIGNATURE PAGE TO INTERLOCAL AGREEMENT BETWEEN THE CITY OF SCHERTZ, TEXAS AND THE CIBOLO CREEK MUNICIPAL AUTHORITY REGARDING THE USE OF THE TREE MITIGATION FUND TO REIMBURSE FOR THE INSTALLATION AND IRRIGATION OF TREES AT SOUTH SCHERTZ TREATMENT PLANT The Parties hereto have executed this Agreement as of the dates set forth below to be effective as of the Effective Date. CITY OF SCHERTZ, TEXAS in John C. Kessel, City Manager THE STATE OF TEXAS § COUNTY OF GUADALUPE § This instrument was acknowledged before me on the day of , 201, by John C. Kessel, the City Manager of the City of Schertz, Texas, a Texas municipal corporation, on behalf of said City. [ Seal ] Notary Public in and for the State of Texas 50558090.5 S -1 SIGNATURE PAGE TO INTERLOCAL AGREEMENT BETWEEN THE CITY OF SCHERTZ, TEXAS AND THE CIBOLO CREEK MUNICIPAL AUTHORITY REGARDING THE USE OF THE TREE MITIGATION FUND TO REIMBURSE FOR THE INSTALLATION AND IRRIGATION OF TREES AT THE SOUTH SCHERTZ TREATMENT PLANT Clint Ellis, General Manager THE STATE OF TEXAS COUNTY OF GUADALUPE This instrument was acknowledged before me on the day of , 201_, by Clint Ellis, the General Manager of the Cibolo Creek Municipal Authority, a political subdivision of the State of Texas, on behalf of said entity. [ Seal ] Notary Public in and for the State of Texas 50558090.5 S -2 EXHIBIT A PROJECT [See attached] 50558090.5 A -1 Agenda No. 8 CITY COUNCIL MEMORANDUM City Council Meeting: May 10, 2016 . Department: Engineering Subject: Ordinance No. 16 -D -07- Consideration and /or action approving an Ordinance providing that the Code of Ordinances of the City of Schertz, Texas be amended by revising Chapter 86, Section 86- 115, Maximum limits generally on specific streets, adding the maximum speed limits of FM 1518 and changing the maximum speed limit on FM 2252. First Reading. BACKGROUND TxDOT performed engineering and traffic investigations on FM 1518 & FM 2252. The investigation for FM 1518 led TxDOT to recommend reducing the speed limit from 50 mph to 45 mph from Savannah to Maske Road in Schertz. (See Exhibit 1). Currently, the posted maximum speed limits for all of FM 1518 are not included in the current Code of Ordinances. It is recommended to include the maximum speed limits of FM 1518 to the City's code of Ordinances Sec. 86 -115. The maximum speed limits for FM 1518 are as follows: Schertz northern city limit at MP 2.513 to MP 3.322 45 MP 3.322 to MP 3.659 35 MP 3.659 to FM 78 at MP 4.155 30 Schertz city limit (boundary with Bexar County) at MP 1.594 to MP 6.151 55 MP 6.151 to Schertz city limit at IH 10 at MP 6.413 45 TxDOT is also recommending reducing the speed limit of FM 2252 from FM 482 to the Union Pacific Railroad Tracks from 50 mph to 45 mph (See Exhibit 2). The Traffic Safety Advisory Commission (TSAC) voted to accept these speed changes and recommend approval to City Council during their March (FM 1518) and May (FM 2252) monthly meetings. City Council Memorandum Page 2 Goal To ensure the city street speed limits are up -to -date and enforced through Code of Ordinances, while and maintaining proper records for maximum speed limits on City -owned streets. Community Benefit To provide for safe and efficient travel on City -owned streets for citizens and visitors as well as residents. Summary of Recommended Action Approval is recommended to allow for placement of the new speed limit signs by TxDOT. FISCAL IMPACT No cost to the city, these signs will be installed and maintained by TxDOT. M.i DEVINI1U 111111111117,174 9 9711,11 1 Staff recommends approval of Ordinance 16 -D -07 on the first reading. ATTACHMENTS Ordinance 16 -D -07 Exhibit — FM 1518 Speed Zones, FM 2252 Speed Change AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS PROVIDING THAT THE CODE OF ORDINANCES OF THE CITY OF SCHERTZ, TEXAS, BE AMENDED BY REVISING SECTION 86 -115, MAXIMUM LIMITS GENERALLY ON SPECIFIC STREETS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, it has been established that the maximum speed limits need to be included for FM 1518 in the Code of Ordinances and a maximum speed limit needs be modified on FM 2252. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS: Section 1 THAT, Section 86- 1.1.5- Maximum limits on specific streets of the Code of Ordinances be amended with the addition as follows: Street Extent Seed MPH Section 2 The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Ordinance for all purposes and are adopted as a part of the judgment and findings of the Council. Section 3 All ordinances and codes, or parts thereof, which are in conflict or inconsistent with any provision of this Ordinance are hereby repealed to the extent of such conflict, and the provisions of this Ordinance shall be and remain controlling as to the matters resolved herein. Section 4 This Ordinance shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 5 If any provision of this Ordinance or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Ordinance and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City hereby declares that this Ordinance would have been enacted without such invalid provision. FM 2252 from MP 1.000 at the intersection of FM FM 2252 482 northwesterly to MP 1.663 at the west city 45 limits for a total distance of 0.663 miles approximately. FM 1518 Schertz northern city limit at MP 2.513 to MP 3.322 45 FM 1518 MP 3.322 to MP 3.659 35 FM 1518 MP 3.659 to FM 78 at MP 4.155 30 FM 1518 Schertz city limit (boundary with Bexar County) at 55 MP 1.594 to MP 6.151 FM 1518 MP 6.151 to Schertz city limit at IH 10 at MP 6.413 45 Section 2 The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Ordinance for all purposes and are adopted as a part of the judgment and findings of the Council. Section 3 All ordinances and codes, or parts thereof, which are in conflict or inconsistent with any provision of this Ordinance are hereby repealed to the extent of such conflict, and the provisions of this Ordinance shall be and remain controlling as to the matters resolved herein. Section 4 This Ordinance shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 5 If any provision of this Ordinance or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Ordinance and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City hereby declares that this Ordinance would have been enacted without such invalid provision. Section 6 It is officially found, determined, and declared that the meeting at which this Ordinance is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Ordinance, was given, all as required by Chapter 551, as amended, Texas Government Code. Section 7 This Ordinance shall be effective upon the date of final adoption hereof and any publication required by law. PASSED ON FIRST READING, the 10th day of May, 2016. PASSED, APPROVED AND ADOPTED the 24th day of May, 2016. Michael R. Carpenter, Mayor Brenda Dennis, City Secretary (CITY SEAL)