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08-30-2016 Agenda with backupCity Council Agenda REGULAR SESSION CITY COUNCIL AUGUST 30,2016,6:00 P.M. HAL BALDWIN MUNICIPAL COMPLEX COUNCIL CHAMBERS 1400 SCHERTZ PARKWAY BUILDING #4 SCHERTZ, TEXAS 78154 C OMMUNITY.SERVICE.OPPORTUNITY Policy Values Safe Community Essential Services High Quality of Life Attractive Community Economic Prosperity Fiscally Sustainable Call to Order — City Council Regular Session Opening Prayer and Pledges of Allegiance to the Flags of the United States and State of Texas. (Senior Adult Chaplain Jim Hough, Community Bible Church) City Events and Announcements • Announcements of upcoming City Events (B. James/D. Wait /S. Gonzalez) • Announcements and recognitions by City Manager (J. Kessel) Presentation • Presentation and recognition of Planning Certificate of Achievement for 2016. (B. James) 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 08 -30 -2016 Council Agenda Hearing of Residents portion of the agenda, will call on those persons who have signed up to speak in the order they have registered. Consent Agenda Items The Consent Agenda is considered self - explanatory and will be enacted by the Council with one motion. There will be no separate discussion of these items unless they are removed from the Consent Agenda upon the request of the Mayor or a Councilmember. 1. Minutes — Consideration and/or action regarding the approval of the minutes of the Regular Meeting of August 23, 2016. (J. Kessel /B. Dennis) 2. Ordinance No. 16 -S -27 - Consideration and/or action approving an Ordinance regarding an amendment of Part III, Schertz Code of Ordinances, Unified Development Code (UDC) Article 9 Site Design Standards, Article 10 Parking Standards and Article 14 Transportation. Final Reading (B. James/L. Wood/B. Cox) 3. Ordinance No. 16 -S -28 - ZC2016 -006 - Consideration and /or action approving an Ordinance on a request to rezone approximately 14 acres of land generally located 705 feet west of the intersection of FM 482 and Hubertus Road, from Manufacturing District, Light (M -1) to Agricultural District (AD). The property is specifically described as 13.17 acres out of the Rafael Garza Survey No. 98, Abstract No. 175, City of Schertz, Comal County, Texas. Final Reading (B. James /L. Wood/B. Cox) Discussion and Action Items 4. Resolution No. 16 -R -69 — Consideration and/or action approving a Resolution authorizing the City Manager to enter into an Interlocal Agreement between the City of Schertz, the City of Seguin and the Schertz Seguin Local Government Corporation outlining the cost allocation methods for repaying debt associated with two expansion projects of the Schertz Sequin Local Government Corporation. (D. Wait /D. Wait) 5. Resolution No. 16 -R -65 — Consideration and approval by the City Council of the City of Schertz, Texas (A) approving resolutions previously adopted by the Board of Directors of the Schertz /Seguin Local Government Corporation (1) authorizing the request of financial assistance from the Texas Water Development Board through an application for State Water Implementation Fund for Texas and Board participation programs for the purpose of planning, designing, and constructing utility system improvements to assist in the implementation of the state water plan; ratifying such application as well as the terms and conditions set forth therein; and acknowledging the application's submission to the Texas Water Development Board; and (2) approving the execution of respective financing agreements pertaining to the State Water Implementation Fund for Texas and Board participation programs and a Master Agreement pertaining to the Board participation program by the Board of Directors of the Schertz /Seguin Local Government Corporation and authorizing the Mayor and City Secretary of the City of Schertz, Texas to execute on behalf of the City of Schertz, Texas any and all necessary documents and certificates; (b) ratifying, reconfirming, and readopting the provisions of a Regional Water Supply Contract executed between the City of Schertz, Texas, the City of Seguin, Texas, and the 08 -30 -2016 City Council Agenda Page - 2 - Schertz /Seguin Local Government Corporation; and (c) approving other matters in connection therewith; and providing an effective date. (D. Wait /A. Cockerell/M. McLiney /A. Freedman) 6. Resolution No. 16 -R -70 — Consideration and/or action approving a Resolution authorizing the signing of a Letter of Permission for BCFS Health and Human Services Emergency Management Division to acquire a Texas Department of State Health Services EMS Provider License.. (D. Wait /D. Wait) 7. Ordinance No. 16 -S -31 — Conduct a public hearing and consideration and/or action PH approving an Ordinance imposing a moratorium on property development due to a need to prevent a shortage of essential public facilities generally in the area from IH -10 to approximately 2,000 feet North of Lower Seguin Road between FM 1518 and the western boundary of the City Limits. Final Reading (B. James/B. James) 8. Public Hearing on Proposed Budget for FY 2016 -17 — Conduct a public hearing and consideration and /or action regarding the adoption of the FY 2016 -17 Budget. (Second PH required public hearing) (J. Kessel /J. Walters) Ordinance No. 16 -T -29 — Consideration and/or action approving an Ordinance on the proposed FY2016 -17 Budget. First Reading (J. Kessel /J. Walters) 9. Public Hearing on Proposed Tax Rate — Conduct a public hearing and consideration PH and/or action regarding the adoption of the FY 2016 -17 Tax Rate. (Second required public hearing) Q. Kessel /J. Walters) Ordinance No. 16 -T -30 — Consideration and/or action approving an Ordinance on the proposed FY 2016 -17 Tax Rate. First Reading (J. Kessel /J. Walters) Roll Call Vote Confirmation Requests and Announcements 10. Announcements by City Manager • Citizen Kudos • Recognition of City employee actions • New Departmental initiatives 11. Future Agenda Item Request for City Council: This is an opportunity for City Council members to request that items be placed on a future agenda. No discussion of the merits of the item may be taken at this time. Should a Council Member oppose placement of the requested item on a future agenda, the Mayor, without allowing discussion, shall ask for the consensus of the other City Council members to place or not place the item on a future agenda. 08 -30 -2016 City Council Agenda Page - 3 - 12. Announcements by Mayor and Councilmembers • City and community events attended and to be attended • City Council Committee and Liaison Assignments (see assignments below) • Continuing education events attended and to be attended • Recognition of actions by City employees • Recognition of actions by community volunteers Adjournment CERTIFICATION I, BRENDA DENNIS, CITY SECRETARY OF THE CITY OF SCHERTZ, TEXAS, DO HEREBY CERTIFY THAT THE ABOVE AGENDA WAS PREPARED AND POSTED ON THE OFFICIAL BULLETIN BOARDS ON THIS THE 26th DAY OF AUGUST, 2016 AT 4:40 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. P>revuda pev k.,s Orenda 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. Ifyou require special assistance or have a request for sign interpretative services or other services please call 210 - 619 -1030. The City Council for the City of Schertz reserves the right to adjourn into executive session at any time during the course of this meeting to discuss any of the matters listed above, as authorized by the Texas Open Meetings Act. Executive Sessions Authorized: This agenda has been reviewed and approved by the City's legal counsel and the presence of any subject in any Executive Session portion of the agenda constitutes a written interpretation of Texas Government Code Chapter 551 by legal counsel for the governmental body and constitutes an opinion by the attorney that the items discussed therein may be legally discussed in the closed portion of the meeting considering available opinions of a court of record and opinions of the Texas Attorney General known to the attorney. This provision has been added to this agenda with the intent to meet all elements necessary to satisfy Texas Government Code Chapter 551.144(c) and the meeting is conducted by all participants in reliance on this opinion. 08 -30 -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 08 -30 -2016 City Council Agenda Page - 5 - Agenda No. 1 CITY COUNCIL MEMORANDUM City Council Meeting: August 30, 2016 Department: Subject: BACKGROUND City Secretary Minutes The City Council held a Regular Meeting on August 23, 2016. FISCAL IMPACT None RECOMMENDATION Staff recommends Council approve the minutes of the Regular Meeting of August 23, 2016. ATTACHMENTS Regular Meeting of August 23, 2016. MINUTES REGULAR MEETING August 23, 2016 A Regular Meeting was held by the Schertz City Council of the City of Schertz, Texas, on August 23, 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 Daryl John Mayor Pro -Tem Cedric Edwards Councilmember Grumpy Azzoz Councilmember Robin Thompson Staff Present: City Manager John Kessel Executive Director Brian James Executive Director Dudley Wait City Attorney Charles Zech City Secretary Brenda Dennis Call to Order — City Council Regular Session *4 Mayor Carpenter called the meeting to order at 6:05 p.m. Opening Praver and Pledges of Allegiance to the Flags of the United States and State of Texas. (Councilmember Azzoz) Councilmember Azzoz provided the opening prayer followed by the pledges of allegiance to the flags of the United States and the State of Texas. Mayor Carpenter welcomed and recognized Drew rber and Daniel Krauss, Boy Scouts from Troop No. 51 who were here this evening working on t eir Communications Merit Badge. Mayor and Council welcomed them. s City Events and Announcements -, ouncements of upcoming City Events (B. James /D. Wait /S. Gonzalez) Mayor Carpenter recognized Executive Director Dudley Wait who provided the following announcements: • Wednesday, August 24, The Bank of San Antonio Ribbon Cutting, 17115 IH -35, 10:00 a.m. • Friday, August 26, Coffee with The Chamber (sponsored by Chick fil -A), 1730 Schertz Pkwy, 7:30 -9:30 a.m. • Friday, August 26, 8:30 a.m., Drawing for Place on the November 8, 2016 ballot, Administrative Building #2, Administrative Conference room. Tuesday, August 30, 2016, is a regular Council meeting. • Wednesday, August 31, Blood Drive, City Hall Parking Lot, 8 -11:30 a.m. • Monday, September 5, City Offices will be closed due to the Labor Day Holiday. 08 -23 -2016 Minutes page - i - Note: Filing for a place on the ballot continues through Thursday, August 25, 2016 until 5:00 p.m. for the Special Election (Councilmember Place 3). For more information, go to www.schertz.com and click on the Election Banner. • Announcements and recognitions by City Manager (J. Kessel) Mayor Carpenter recognized City Manager John Kessel who stated he wanted to brag on City Municipal Court Director, Patti Veliz who recently earned her Certification from the Institute of Court Management. This is a very prestigious award offered in the United States, Puerto Rico, Canada and the Virgin Islands. There are only 500 professionals from all those countries who have this award and now she is one of them. He knows she worked very hard on this and he congratulated her on her achievement. Hearing of Residents N Mayor Carpenter recognized the following individuals spoke: • Ms. Maggie Titterington, The Chamber"" resident who provided information regarding the past and upcoming Chamber Events. Ms. Titterington stated that the Senior Disco Dance last Friday was a huge success and thanked all those who attended. Ms. Titterington provided the following announcements: September 21, 2016 — Biz Ed Seminar — Thriving in the People Business, 8:00 a.m. to 11:30 a.m. Schertz Civic Center. October 12, 2016, Meet the Candidates 6:00 p.m. to 7:00 p.m., Schertz Civic Center, event sponsored by Randolph Brooks and the moderator will be Tim Brown. • Mr. Rick Eads, 5523 Cypress Point, who spoke on our parks in Schertz and the need for the Parks Department to have the appropriate equipment to maintain them. • Mr. Jim Hough, 5133 Blackhorse, who addressed the Council regarding drainage issues and flooding due to heavy rains in the Fairway Ridge Neighborhood. He provided copies to council of a partial petition from the neighborhood to address the issues. Mr. Hough thanked the City Manager, Engineering and Environment Health Manager for coming out and looking at the situation. 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 August 9, 2016. (J. Kessel/B. Dennis) 2. Excused Council Absences — Consideration and/or action excusing City Council Member absences for the following date: August 9, 2016. (B. Dennis /Mayor /Council) 08 -23 -2016 Minutes page - 2 - 3. Appointments /Reappointments and Resignations to the various City Boards, Commissions and Committees — Consideration and /or action regarding ratifying the resignations of Mr. Larry Franklin and Ms. Debbie Perrone and the appointment of Mr. Roy Ragsdale and Mr. John Sullivan to the Transportation Safety Advisory Board. (Mayor /Council/B. Dennis) 4. Resolution No. 16 -R -66 — Consideration and /or action approving a Resolution authorizing a contract with Icon Enterprises, Inc., dba CivicPlus for Website Migration and Hosting services. (B. James/M. Clauser) Mayor Carpenter recognized Councilmember Azzoz who moved, seconded by Councilmember Fowler to approve consent agenda items 1 -4. The vote was unanimous with Mayor Pro -Tem Edwards, Councilmembers Fowler, Azzoz, John and Thompson voting for and no one voting no. Motion passed. Discussion and Action Items 5. Public Hearing on Proposed Budget for FY 2016 -17 — Conduct a public hearing regarding the adoption of the FY 2016 -17 Budget. (First required public hearing) (J. Kessel /J. Walters) PH Mayor Carpenter recognized Assistant Finance Director James Walters who stated in accordance with Section 102.006 of the Texas Local Government Code the City Council must hold a public hearing on the proposed budget for FY 2016 -17. Mr. Walters provided werPoint presentation with the following highlights: RECENT BUDGET PRESENTATONS: • 3 Community Presentations August 1 lth — Corbet Jr. High - August 17th — North Community Center August 18th — Schertz United Methodist •, Budget Workshop - Auiestions ust 9th — Council Chambers or requests for more information see him in the staff room in the back after blie hearing. ALL FUNDS — REVENUES General Fund $28,524,850 Special Events Fund 130,350 PEG Fund 113,300 Water & Sewer Fund 20,594,058 EMS Fund 9,044,267 Drainage Fund 1,148,200 08 -23 -2016 Minutes Page - 3 - Hotel Tax Park Fund Tree Mitigation Capital Recovery Water Capital Recovery Sewer I &S Fund Other Funds SEDC Grand Total ALL FUNDS — EXPENSES General Fund Special Events Fund PEG Fund Water & Sewer EMS Fund Drainage Fund Hotel Tax Park Fund, Tree Mitigation Capital Recovery Water Capital Recovery Sewer I &S Fund Other Funds 0 611,452 185,000 142,000 1,040,600 h ?s 5nn 8,928,351 1,122,764 08 -23 -2016 Minutes Page - 4 260,995 185,000 142,000 156,000 235,500 6,614,581 33,750 SEDC Grand Total NEW EMPLOYEES 2,062,617 $69,071,863 • 3 Firefighters for Station 3 (approved August 2nd) • 3 Police Officers • 2 Paramedics • 1 IT Employee • Make a Seasonal Park Worker regular Part • Make a Part Time Facilities Technician Fu CHANGE MEMO • General Fund: -All of the 4.9% Health Insurance increase - Vehicle for New Patrol Officer - Replace Police Cameras - Additional Funding for the Junior Fire Academy - Making a Seasonal Park Worker a Regular Part Time employee - Additional Funding for Library Materials - Moving a Facilities Technician I from Part Time to Full Time • Parkland Dedication: - Additional Funding to cover the Playscape Restroom Project GENERAL Revenues $28,524,850 Expenditure 28,516,699 Increase of Fund BalanN 8,151 Beginning Fund Balance 9,295,054 Use of Vehicle Replacement - 43,278 Ending Fund Balance 9,259,927 25% Reserve Policy $7,105,737 2016 — 5 YEAR FORECAST FY2016 FY2017 FY2018 FY2019 FY2020 FY2021 Revenue 26,523,587 28,481,572 29,658,342 30,808,595 32,017,014 33,456,752 Expense 25,293,887 28,516,669 29,837,859 30,719,131 31,752,872 32,883,265 08 -23 -2016 Minutes page - 5 - Reserve Funding M &O Fund Balance 25% Goal 1,229,700 (35,127) (179,517) 89,464 264,141 573,487 9,294,904 9,259,777 9,080,260 9,169,724 9,433,865 10,007,352 6,233,322 7,105,737 7,435,715 7,676,033 7,913,218 8,182,066 Over /Under 3,061,582 2,154,040 1,644,545 1,493,691 1,520,647 1,825,286 A Mr. Walters announced that the second public hearing and first vote will be held on Tuesday, August 30, 2016. Mayor Carpenter opened the public hearing and recognized the following who spoke: • Mr. Daniel Plant, 4720 Windy Woods Trail who spoke on the need for more police officers. As no one else spoke, Mayor Carpenter closed the public hearing for Council comments. Mayor Carpenter recognized Mayor Pro -Tem Edwards who asked if the City had gone out to check insurance/benefit rates with other companies this year. In response, Mr. Walters stated that we broker with BDI who supplied us with the updated information regarding the insurance rate increases; he is unaware that we went out for competitive bids this year but will check on it and get that information to Mayor Pro-Tern Edwards. Mayor Pro-Tern Edwards stated that Mr. Walters could email him the information. 6. Public Hearing on Proposed Tax Rate — Conduct a public hearing regarding the adoption of the FY 2016 -17 Tax Rate. (First required public hearing) (J. Kessel/J. Walters) PH Mayor Carpenter recognized Assistant Finance Director James Walters who stated at the August 9, 2016 regular session the City Council, by record vote, established a proposed preliminary maximum tax rate of $0.4911, per $100 of value, with the M &O rate at $0.3168 and the I &S portion of $0.1743. The proposed rate is not subject to rollback. In accordance with Chapter 26.05(d) of the State's Property Tax Code, a governing body must hold 2 public hearings on the tax rate if the proposed tax rate exceeds the lower of the Effective or Rollback Tax Rate. In this case the hearings are required as the proposed rate exceeds the effective rate. The first required public hearing will be at the August 23, 2016 regular session. The second required public hearing will be conducted at the August 30, 2016 regular session. 08 -23 -2016 Minutes Page - 6 - During the final tax rate adoption process Council can approve a lower rate at that time, however they will not be able to approve a rate higher than this without republishing the notices and holding additional public hearings. Due to timing constraints set by the State Tax Code 26.05(a), the latest council could set a new preliminary rate is August 30, 2016 without calling special meetings. The proposed maximum rate maintains quality service to residents and businesses and provides growth in service offerings based on input staff received from Citizens and Council from Retreats, Community Meetings, and elections. The current property tax rate is $0.4911 per $100 valuation. The proposed maximum tax rate will remain the same at $0.4911 per $100 valuation. The M &O portion of the property tax rate will increase to $0.3168 from $0.3159 per $100 valuation. The I &S portion will decrease to $0.1743 from $0.1752 per $100 valuation. Mr. Walters provided a PowerPoint with the following information: Tax Rate: Effective: Rollback: Current: t Proposed Is a calculated rated that would provide the taxing unit with about the same amount of revenue it received in the year before on properties taxed in both years. Is a calculated maximum rate allowed by law without voter approval. r" The rate currently adopted by the City. The maximum rate set at which the final adopted rate cannot exceed. Effective: $0.48 Rollback: $0.5080 Current: $0.4911 Proposed Max: $0.4911 C= Proposed budget is balanced at this rate $0.01 is equal to $325,598 revenue or $20.00 on the average Home. Target Tax Rate: Tax Current Proposed Rate Maximum M &O $0.3159 $0.3168 I &S $0.1752 $0.1743 Total $0.4911 $0.4911 FY2015 -16 City Tax Rate: 08 -23 -2016 Minutes page - 7 - For day to day operations To pay the City's debt • At $0.4911 — Existing residents average tax bill: 2015 Tax Bill = $913.45 Avg Home Value $186,000 2016 Tax Bill = $934.32 Avg Home Value $190,250 Increase =$ 20.87 New Residents Average Tax Bill 2016 Tax Bill = $982.20 Home value of $200.000 2016 Property Taxes 3.00 2.50 2.00 1.50 IR 0.50 M IR Guadalupe Comal 08 -23 -2016 Minutes Page - 8 - Bexar ❑ SA River Auth ❑ Univ Health System ❑ Road ■ College ■ County a School ❑ City of Schertz Public Hearing Dates: August 23, 2016 and August 30, 2016. Mr. Walters provided the following information regarding the Budget Calendar for FY2016 -17: August 5 File with City Secretary August 9 Budget Workshop, set the preliminary tax rate, and schedule public hearings August 11 First Community Budget presentation — Corbett Jr. High School August 17 Second Community Budget presentation — North Community Center August 18 Third Community Budget presentation — Schertz United Methodist Church August 23 First Public Hearing August 30 Second Public Hearing and first vote September 6 Second vote October 1 Budget goes into effect Mayor Carpenter opened the public hearing and recognized the following who spoke: • Mr. Jeff Womack, 2944 Mineral Springs, who thanked staff and city officials for hosting the three Community Budget meetings, indicating that citizens should get involved in these meetings as they were very informative in knowing the process. As no one else spoke, Mayor Carpenter closed the public hearing for Council comments. No comments were provided. 1 law 7. Ordinance No. 16 -S -31 — Conduct a Public Hearing and consideration and /or action PH approving an Ordinance imposing a moratorium on property development due to a need to prevent a shortage of essential public facilities generally in the area from IH -10 to approximately 2,000 feet North of Lower Seguin Road between FM 1518 and the western boundary of the City Limits. First Reading (B. James /B. James) The following was read into record: *rRDINANCE NO. 16 -S -31 1% AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS IMPOSING A MORATORIUM ON BOTH RESIDENTIAL AND COMMERICAL PROPERTY DEVELOPMENT DUE TO A NEED TO PREVENT A SHORTAGE OF ESSENTIAL PUBLIC FACILITIES GENERALLY IN THE AREA FROM IH -10 TO APPROXIMATELY 2,000 FEET NORTH OF LOWER SEGUIN ROAD BETWEEN FM 1518 AND THE WESTERN BOUNDARY OF THE CITY LIMITS PROVIDING A REVERSIONARY CLAUSE; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. Mayor Carpenter recognized Executive Director Brian James who introduced this items stating the Texas Local Government Code, Section 212 Subchapter E Moratorium on Property Development provides that in certain circumstances cities may impose a moratorium on 08 -23 -2016 Minutes Page - 9 - property development in the event that there exists a demonstrated need to prevent a shortage of essential public facilities or a significant need for public facilities. In order to impose a moratorium certain notice and public hearing requirements must be met within a specified time frame. The imposition of the moratorium is based on written findings that provide evidence demonstrating the extent of the need beyond the estimated capacity of existing essential public facilities or a significant need for public facilities that is expected to result from new property development. As City Council is aware the City of Schertz is experiencing tremendous growth in southern Schertz. Much of this area is located in the flight path of Joint Base San Antonio Randolph. Base operations present unique hazards as are outlined in the 2015 Joint Base San Antonio Randolph Land Use Study especially considering the bird strike hazard which Council adopted per Resolution 15 -R -96 that includes strategies and timeframes to mitigate these hazards. While the City is in process of planning for a Fire Station #3 in this area, the particular hazards from JBSA Randolph necessitate additional measures to ensure this hazard is mitigated. These hazards associated with JBSA Randolph operations and existing development patterns create a significant need for public facilities, in particular fire facilities. A failure to provide these facilities given the current land uses, zoning, and land use designations coupled with Base operations would result in an overcapacity of these facilities that are detrimental to the health, safety, and welfare of residents of Schertz. In order to impose the moratorium, Council must hold this public hearing, a public hearing must be held at the Planning and Zoning Commission on August 24, and again at City Council on August 30. This will allow the imposition of a moratorium for up to 120 days while the City works to alleviate the problem of a lack of capacity of fire facilities in this area. Staff recommends that Council approve Ordinance No. 16 -S -31 on first reading. Mayor Carpenter opened the public hearing and recognized the following who spoke: • Col. Mike Snell, 12th Flying Wing Randolph who on behalf of Col. Kerry read a prepared statement in favor of this item siting specifics. As no one else spoke, Mayor Carpenter closed the public hearing for Council comments. Councilmembers provided their opinions and thoughts regarding this need addressing various questions to Mr. James.. Mayor Carpenter recognized Mayor Pro -Tem Edwards who moved, seconded by Councilmember Fowler to approve Ordinance No. 16 -S -31, first reading. The vote was unanimous with Mayor Pro -Tem Edwards, Councilmembers Fowler, Azzoz, John and Thompson voting for and no one voting no. Motion passed. 8. Ordinance No. 16 -S -28 - ZC2016 -006 - Conduct a Public Hearing and consideration and /or PH action approving an Ordinance on a request to rezone approximately 14 acres of land generally located 705 feet west of the intersection of FM 482 and Hubertus Road, from Manufacturing District, Light (M -1) to Agricultural District (AD). The property is specifically described as 13.17 acres out of the Rafael Garza Survey No. 98, Abstract No. 175, City of Schertz, Comal County, Texas. First Reading (B. James /L. Wood/B. Cox) The following was read into record: 08 -23 -2016 Minutes page -10 - ORDINANCE NO. 16 -S -28 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AMENDING THE OFFICIAL ZONING MAP BY REZONING APPROXIMATELY 14 ACRES OF LAND FROM MANUFACTURING DISTRICT, LIGHT (M -1) TO AGRICULTURAL DISTRICT (AD). Mayor Carpenter recognized Planner 1, Channary Gould who stated CMH Homes, Inc. is requesting to rezone approximately 14 acres of land from Manufacturing District, Light (M -1) to Agricultural District (AD). They have indicated they plan to subdivide the property to create two buildable lots. The property is currently vacant and undeveloped. The public hearing notice was published in "The Daily Commercial Recorder" on August 1, 2016 and the "Herald" on August 3, 2016. Nine (9) public hearing notices were mailed to surrounding property owners within two hundred (200) feet of the subject property on July 15, 2016, prior to the Planning and Zoning Commission meeting on July 27, 2016. At the time of this report being prepared, Staff received one (1) response in Qvor of the request. Staff reviewed the request for conformance with the Comprehensive Land Plan and the Schertz Sector Plan. The Sector Plan amendment to the Comprehensive Land Use Plan (CLUP) designates the subject property as Agricultural Conservation which is intended to preserve a rural /agricultural state. The Sector Plan recommends one of the character - defining elements for the Agricultural Conservation designation as residential and agricultural large - lots that are at least five (5) acres in lot size. • Comprehensive Land Plan Goals and Objectives: The proposed re- zoning request is in conformance with the goals and objectives of the Comprehensive Land Plan for this area. The proposed Agricultural District zone states that it is intended as a base zoning district in areas designated as Agricultural Conservation on the future land use map of the North and South Schertz Sector Plan. Impact on Infrastructure: The proposed zoning request should have a minimal impact on the existing and planned water and wastewater systems. The project is within the Green Valley Special Utility District's service area and the applicant is proposing onsite sewer system facilities for the two proposed lots. �r. • Impact on Public Facilities /Services: The proposed rezoning request should have a minimal impact on public services, such as schools, fire, police, parks and sanitation services since the area the subject property is located in is currently predominantly rural in nature. • Compatibility with Existing and Potential Adjacent Land Uses: The subject property is predominately surrounded by undeveloped land and existing rural single - family residential uses. The proposed rezoning is compatible with the existing adjacent land uses. 08 -23 -2016 Minutes Page - 11 - Mayor Carpenter opened the public hearing and as no one spoke, closed the public hearing for Council comments. No further comments were provided. Mayor Carpenter recognized Councilmember Thompson who moved, seconded by Mayor Pro -Tern Edwards to approve Ordinance No. 16 -S -28, first reading. The vote was unanimous with Mayor Pro -Tem Edwards, Councilmembers Fowler, Azzoz, John and Thompson voting for and no one voting no. Motion passed. 9. Ordinance No. 16 -S -25 — Conduct a Public Hearing and consideration and/or action approving an Ordinance on request to rezone approximately 11 acres of land generally PH located 125 feet south of the intersection of FM 3009 and Wiederstein Road, from Single - Family Residential -1 (R -1) to Planned Development District (PDD). The property is specifically described as 10.689 acres out of the Toribio Herrera Survey No. 68, City of Schertz, Guadalupe County, Texas. First Reading (B. James /L. Wood /B. Cox) The following was read into record: ORDINANCE �0. 16 -S -25 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AMENDING THE OFFICIAL ZONING MAP BY ZONING APPROXIMATELY 11 ACRES OF LAND FROM SINGLE - FAMILY RESIDENTIAL DISTRICT -1 (R -1) TO PLANNED DEVELOPMENT DISTRICT (PDD). Mayor Carpenter recognized Senior Planner Bryce Cox who stated RA Schertz Development, LP is requesting to rezone approximately 11 acres of land from Single - Family Residential District -1 (R -1) to Planned Development District (PDD) in order to develop a commercial lot and a multi- family apartment complex. The property is generally located 125 feet south of the intersection of FM 3009 and Wiederstein Road. The proposed zoning consists of a commercial portion adjacent to FM 3009 and multi - family between behind the commercial. The commercial portion is proposed with a base zoning of General Business (GB) with modifications to the permitted land uses to remove 21 uses as described in the development standards. The multi - family portion is proposed with a base zoning district of Apartment /Multi - Family Residential District (R -4) with amendments to decrease the lot width, decrease the maximum allowable height and restrict the maximum number of units to 96. The PDD also provides for some specific development standards. The following summary highlights some of the significant modifications to the requirements of the Unified Development Code (UDC). Please review the PDD design standards to view all modifications: 1. The multi - family lot will provide a 40 -foot landscape buffer and the masonry fencing as shown on the site plan between the multifamily lot and the neighboring single - family residential district to the West (rear) of the PDD. 08 -23 -2016 Minutes Page -12 - 2. The multi - family lot will provide the masonry fencing as shown on the site plan between the multi - family lot and the parkland dedication in the northwest corner and north side of the PDD. The multifamily lot will provide a 30 -foot landscape buffer and the masonry fencing to the extent of what is shown on the site plan between the multi - family lot and the neighboring single - family residential district to the South (side) of the PDD. 4. All lots in the PDD will follow the provision of the current Bexar County Dark Sky ordinance. 5. The minimum tree preservation requirement will be reduced to 15 %. 6. The minimum parking ratio for the multi- family lot will be 2 parking spaces per unit. The public hearing notice was published in "The Daily Commercial Recorder" on August 5, 2016 and the "Herald" on August 10, 2016. Twenty -three (23) public hearing notices were mailed to surrounding property owners within two hundred (200) feet of the subject property on June 30, 2016. Staff has received 2 property owner responses in favor of the request, 1 property owner response neutral to the request, and 13 property owner responses opposed to the request from the area within the 200 foot notification boundary. Written opposition to the rezoning request has been received by property owners of more than 20% of the land area within the notification boundary constituting a written protest under Local Government Code §211.006(d). As such, to approve the request at least three - fourths (3/4) of the City Council must have an affirmative vote. A total of 4 responses have been received in favor of the request. A total of 406 people have submitted responses opposed to the request, including a petition received on June 21, 2016 containing 400 individual signatures. Additionally, 1 response neutral to the request has been received. - A public hearing was held at the July 13, 2016 Planning and Zoning Commission Meeting. A total of 33 people spoke during the hearing, 9 in favor of the rezoning and 24 opposed to the rezoning. The comments generally made in favor of the request were: • The community needs more affordable housing for seniors and low income • 10 to 15 year wait list on existing affordable housing for seniors • Growth is coming to Schertz and the community needs to accept that • This is an appropriate use for the site The comments generally made opposed to the request were: • Concerns with increased traffic • Concerned that multifamily will decrease surrounding property values • This project will hurt the natural resources in the area • Concerns that the property will not be well maintained • The development would add to the overcrowding of schools 08 -23 -2016 Minutes page - 13 - • Concerns with neighborhood safety /security and increased crime • Concerns about wildlife and tree removal • Concerns with storm water runoff and drainage • Lack of daycare facilities for the potential apartment residents The Comprehensive Land Plan identifies this area as single - family residential land use characteristic which is defined as conventional detached dwellings. For areas proposed to utilize a traditional neighborhood design, the single - family residential use may include a mix of residential uses as well as limited commercial development to support the daily activities of the development. In all single - family residential use areas, public and semi - public development such as schools and churches are encouraged as neighborhood focal points. By contrast, the Comprehensive Land Plan provides for a specific Multi- Family land use characteristic in central Schertz which is generally located along Schertz Parkway between Live Oak Road and Curtis Avenue as well as the intersection of Elbel Road and FM 3009. These areas designated as the Multi- Family land use characteristic are most appropriate for apartment and multi - family development in central Schertz. The Comprehensive Land Plan provides land use policies to be utilized iii implementing goals, objectives and actions, and in reviewing zoning classification changes, variance requests or amendments to the Future Land Use Plan. As described in these policies, compatibility with existing uses should be maintained. Predominately the surrounding land uses to the subject property are large lot single- family residential (R -1) to the south and medium lot single - family residential (PDD) to the west. The existing zoning on the subject property of Single - Family Residential District -1 (R -1) is the most compatible land use for the subject property and is supported by the Comprehensive Land Plan. The abutting large lot subdivision to the south and similar sites near this property on FM 3009, are currently developed with single - family residential adjacent to low intensity commercial or adjacent to FM 3009. The adjacency of these uses has not created a negative impact and does not require a transition use between the single - family residential and the low intensity commercial use or the FM 3009 roadway. There is no need to transition from single - family residential to the FM 3009 roadway or the limited commercial development supported by the Comprehensive Land Plan in this area. It is the opinion of Staff that this area is appropriately zoned as Single - Family Residential District -1 (R -1) which is supported by the "single- family residential" land use designation from the Comprehensive Land Plan. Staff recommends denial of this rezoning request. The Planning and Zoning Commission conducted public hearings on July 13, 2016 and offered a recommendation of disapproval by a majority vote of 6 opposed and 1 abstention. Staff recommends disapproval of the zoning request. Mayor Carpenter recognized Ms. Kim Murphy, representative for Royal American Development and Mr. Reed Wilson who provided a PowerPoint presentation regarding the proposed project. Mayor Carpenter opened the public hearing and recognized the following who spoke against the rezone: 08 -23 -2016 Minutes page - 14 - • Mr. Dean Weirtz, 4301 Monument Pass. Mr. Weirtz also presented Council with an original petition for denial that was presented earlier to the Planning & Zoning Commission. • Mr. George Parker, 4517 Ridge Canyon Drive • Ms. Shirley Tayler, 1112 Fawn Drive • Ms. Debbie Kyrouac, 941 Forest Ridge Pkwy • Ms. Cindi Broschat 1405 Circle Oak Drive • Ms. Alice Pfeiffer, 4490 Brush Creek Dr. • Mr. Jon Long, 6073 Covers Cove • Mr. Eric Beam, 570 American Flag • Ms. Barbara, Mansfield Gonzalez, 1012 Antler Drive • Ms. Leigh Anna Murphy, 4505 West Fork Drive • Mr. Michael Brown, 4516 Grand Forest Drive • Mr. Michael Boyd, 905 Blue Forest Drive • Mr. Kevin Polo, 4490 Brush Creek Drive • Mr. Daniel Plant, 4720 Windy Woods T i • Mr. Jeff Womack, 2944 Mineral Springs • Mr. Al Rix, 4504 Union Creek Drive • Mr. Tim Morgan, 1116 Fawn Drive • Mr. George Antuna, 3636 Woodlawn Farms • Mr. Scott Larson, 312 Judith Ann Drive • Mr. Glen Outlaw, 3729 Forsyth Park, against the rezoning but not affordable housing • Mr. Mark Armantrout, 956 Blue Forest Drive • Mr. David Richmond, 2921 Bent Tree Drive • Mr. Bert Crawford, 4100 Brookhollow Drive Mayor Carpenter recognized the following who spoke in favor of this item: • Ms. Melissa Dugas, Regional Vice - President for Royal American Development, 600 E. Colonial Drive, Orlando, Florida • Ms. Kim Murphy, Royal American Development, 600 E. Colonial Drive, Orlando 4*4 :Florida As no one else spoke, Mayor Carpenter closed the public hearing for Council comments. Mayor Carpenter recognized Mayor Pro -Tem Edwards, Councilmembers Thompson and John as well as himself who expressed their comments against the rezoning. Mayor Carpenter recognized Councilmembers Fowler and Azzoz who expressed their comments regarding the need for affordable housing and who were for the rezone. Mayor Carpenter recognized Councilmember Thompson who moved, seconded by Mayor Pro -Tem to deny Ordinance No. 16 -5 -25, first reading. The vote was 3 -2 -0 with Mayor Pro -Tem Edwards, Councilmembers John and Thompson voting for denial and Councilmembers Fowler and Azzoz voting no. Motion passed. 08 -23 -2016 Minutes page -15 - Mayor Carpenter recessed the meeting at 9:21 p.m. for a ten minute recess. Mayor Carpenter reconvened the meeting at 9:41 p.m. 10. Ordinance No. 16 -S -27 - Conduct a Public Hearing and consideration and/or action approving an Ordinance regarding an amendment of Part III, Schertz Code of Ordinances, PH Unified Development Code (UDC) Article 9 Site Design Standards, Article 10 Parking Standards and Article 14 Transportation. First Reading (B. James/B. James) The following was read into record: ORDINANCE NO. 16 -S -27 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AMENDING THE CODE OF ORDINANCES, UNIFIED DEVELOPMENT CODE (UDC) SECTION 21.9.5 EXTERIOR CONSTRUCTION AND DESIGN STANARDS, SECTION 21.9.7 LANDSCAPING, SECTION 21.9.8 SCREENING AND FENCING, SECTION 21.9.9 TREE PRESERVATION AND MITIGATION, SECTION 21.10.4 SCHERDULE OF OFF - STREET PARKING REQUIREMENTS, SECTION 21.10.8 OFF - STREET LOADING /UNLOADING REQUIREMENTS, SECTION 21.14.3 ADDITIONAL DESIGN REQUIREMENTS, AND SECTION 21.16 DEFINITIONS PROVIDING A REVERSIONARY CLAUSE; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY CLAUSE; AND PROVIDING AN EFFECTIVE DATE Mayor Carpenter recognized Executive Director Brian James who introduced this item stating in 2012 the City of Schertz entered into an interlocal with the Schertz Cibolo Universal City Independent School District (SCUCISD) to designate processes, procedures, and fee structures to streamline delivery of certain government functions and services in an efficient manner. This included provisions to allow alternative landscaping, tree preservation and parking standards. Recently, Comal ISD has approached the City of Schertz about school site design standards and is facing some of the same challenges experienced by SCUCISD that prompted their interlocal agreement. Rather than have a series of interlocal agreements with the various school districts within the City of Schertz, it was determined to be more appropriate to amend the UDC to reflect the alternate design standards. Generally, Article 9 Site Design Standards was developed with commercial and multi- family uses in mind, not institutional uses like schools, colleges and universities. These uses often have greater amounts of open space to accommodate play and recreation areas. The unique requirements for site security and student safety are also unique to these uses. Buildings are also designed with functionality and safety in mind, thus many schools built today differ substantially from those built 40 or 50 years ago. Public school districts are also unique in being built by another governmental entity and often school districts straddle multiple municipalities. As such, staff is proposing to modify the UDC to not require Section 21. 9.5 to apply to public schools. While schools generally have a lot of glazing, this can be spaced unevenly across the building. The gymnasium may not have any windows or example. The buildings tend to exceed our requirements for articulation. Materials can also be an issue and as schools may 08 -23 -2016 Minutes Page -16 - opt for a variety of materials to break up the monotony of the fagade. These might include metal and EFIS. Landscaping can be problematic give the large sites schools occupy. In particular the requirement for 9 trees per acres given the large lot size and the perimeter tree requirement. The requirement for trees in parking areas and parking lot islands to minimize size issues in areas where kids and cars may be. This is also the case with screening of vehicular areas. A similar set of challenges arises with regard to screening and fencing. In many cases homes that back to a school do not have any additional screening beyond the residential homes' wood fences. Tree preservation is often a problem because in order for districts to find a suitable size site they have to select sites with challenges — trees, topography, etc. That creates a challenge in saving trees. Additionally, the tree preservation ordinance allows for the use of tree mitigation funds on school property. These changes would simply be made in each section of article 9 that : ndicates: "Public schools will not be required to comply with this section." This certainly allows the school districts to better anticipate costs and to ensure greater uniformity of schools across municipal boundaries, something that promotes equity and efficiency. IN On August 10, the Planning and Zoning Commission met and recommended 5 to 1 to approve the proposed amendment. Staff recommends that Council approve Ordinance 16 -S -27 amending the UDC. Mayor Carpenter opened the public hearing and as no o spoke closed the public hearing for Council comments. No comments were provided. Mayor Carpenter recognized Councilmember Thompson who moved, seconded by Mayor Pro -Tem Edwards to approve Ordinance No. 16 -S -27, first reading. The vote was unanimous with Mayor Pro -Tem Edwards, Councilmembers Fowler, Azzoz, John and Thompson voting for and no one voting no. Motion passed. 11. Resolution No. 16 -R -67 — Con ration and/or action approving a Resolution authorizing a Professional Services Agreeme with Jackson A &E Associates Inc. (J. Kessel /B. James) The following was read into record: RESOLUTION NO. 16 -R -67 A RESOLUTIBY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING A PROFESSIONAL SERVICES AGREEMENT WITH JACKSON A &E ASSOCIATES, INC., AND OTHER MATTERS IN CONNECTION THEREWITH Mayor Carpenter recognized Executive Director Brian James who stated on November 8, 2011 the City entered into a contract for owner's representative services with Jackson A &E Associates, Inc., to provide third party owner's representative services for the multiple Capital Improvement Projects including the playscape, soccer complex, baseball complex, Animal 08 -23 -2016 Minutes page -17 - Adoption Facility, and Aquatics Facility. The initial term of the agreement was for 12 months and was extended on November 19, 2012, November 18, 2013 and November 18, 2014. This resolution authorizes a new agreement for 18 months to allow for completion of remaining Capital Improvements Projects including Fire Station #3, the Aquatics Facility, Fire Station # 2 exterior renovations, the Recreation Center repairs and other small miscellaneous renovation projects. The goal is to enhance the design process by developing uniform building standards, developing clear project scope, identifying long term energy and maintenance opportunities, and enhancing early design review to achieve value engineering without additional cost to the design firm and ensure that appropriate construction testing and documentation services occur. These services include extensive photo documentation of the project for future review, written notices of violations and follow up documentation, and review of change order requests for validity. Also, manage the warranty phase of the new facility to ensure the construction firm completes all needed warranty work in a timely and complete manner. Staff recommends approval of Resolution No. 16 -R -67 authorizing the City Manager to execute a contract with Jackson A &E Associates, Inc., to provide owner's representative services to the City of Schertz. The fiscal impact of the agreement is described in the attached amendment to the Professional Services Agreement which includes a maximum cost of services per month of $10,000. Staff recommends approval of Resolution 16 -R -67 authorizing the City Manager to execute a contract with Jackson A &E Service Inc., to provide owner's representative services for the City of Schertz. Mayor Carpenter recognized Mayor Pro -Tem Edwards who asked for an up -to -date projects list from Jackson A &E. Executive Director Brian James stated that he would supply the information to Council at the next meeting. Mayor Carpenter recognized Councilmember Azzoz who moved, seconded by Councilmember Fowler to approve Resolution No. 16 -R -67. The vote was unanimous with Mayor Pro -Tem Edwards, Councilmembers Fowler, Azzoz, John and Thompson voting for and no one voting no. Motion passed. 12. Resolution No. 16 -R -68 — Consideration and /or action approving a Resolution adopting Philosophy and Policy Statements as it relates to Roadway Stewardship and a Balanced City. (J. Kessel/J. Kessel) The following was read into record: 4;1 RESOLUTION NO. 16 -R -68 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS ADOPTING PHILOSOPHY AND POLICY STATEMENTS AND OTHER MATTERS IN CONNECTION THEREWITH Mayor Carpenter recognized Executive Director Brian James who stated during the July 29, 2016 City Council Mid Budget Retreat, discussions were held regarding adoption of philosophy and policy statements as it relates to Roadway Stewardship and a Balanced City approach. This philosophy resolution is similar to the Compensation Philosophy document 08 -23 -2016 Minutes page -18 - Council approved last year that helped prioritize how to balance implementing the market study in as fair and effective manner as possible. This resolution is intended to help do the same for roadway maintenance funding. Implementing a Roadway Stewardship philosophy will help to effectively spend scarce roadway funds in order to maximize the benefits to the entire City, as well as communicate a clearer plan to our community about how we intend to manage our roadway maintenance. Also, by following this philosophy, it will be able to aide in the decision making of which road, which repair, who to do it, and when to do it. Additionally, City Council recognized the need to keep in mind the many important factors that affect our City when prioritizing funding for roadways. By establishing a series of policy statements to help the City work toward this Balanced City approach, it will help accomplish this task in an open and transparent manner. City Council and Staff agreed to bring forward a resolution ackno edging support and provide transparency. Staff recommends approval. Mayor Carpenter recognized Mayor Pro -Tem Edwards who moved, seconded by Councilmember Thompson to approve Resolution No. 16 -R -68. The vote was unanimous with Mayor Pro -Tem Edwards, Councilmembers Fowler, Azzoz, John and Thompson voting for and no one voting no. assed. Roll Call Vote Confirmation Mayor Carpenter recognized City Secretary Brenda Dennis who provided the roll call votes for agenda items 1 through 12. Mayor Carpenter moved to the request and announcement section of the agenda. Requests and Announcements 41h 15. ouncements by City Manager • Citizen Kudos • Recognition of City employee actions • New Departmental initiatives No further announcements were made. 16. Future Agenda Item Request for City Council: This is an opportunity for City Council members to request that items be placed on a future agenda. No discussion of the merits of the item may be taken at this time. Should a Council Member oppose placement of the requested item on a future agenda, the Mayor, without allowing discussion, shall ask for the consensus of the other City Council members to place or not place the item on a future agenda. Mayor Carpenter stated that a resident had complained about the speeding of heavy trucks and the 18- wheeler traffic on FM 482 and requested that public safety take a look at the situation. 08 -23 -2016 Minutes page -19 - 17. Announcements by Mayor and Councilmembers • City and community events attended and to be attended • City Council Committee and Liaison Assignments (see assignments below) • Continuing education events attended and to be attended • Recognition of actions by City employees • Recognition of actions by community volunteers Mayor Carpenter recognized Mayor Pro -Tem Edwards who thanked The Chamber President Maggie Titterington and her staff for the success of the recent Senior Boogie Night event. Mayor Carpenter recognized Councilmember Fowler who stated tomorrow he will be meeting with the Alamo Area Development Council and the ACCOG people to s e what the AADC is going to be doing. Mayor Carpenter recognized Councilmember Azzoz who stated he left a flyer in the foyer regarding a fundraiser that will be held at his business parking lot to assist a local 8 year old girl's family with her medical expenses. Mayor Carpenter recognized Councilmember Thompson who wanted to mention that when new businesses come into the city and The Chamber hosts a Ribbon Cutting for them, it makes a big impression to the new business owners when city officials attend. He encouraged his colleagues to attend as many as possible to help make them all feel welcomed and honored to be in the City of Sch z. Executive Session u Mayor Carpenter recessed the regular meeting at 9:56 h. into executive session under the following sections: 13. City Council will meet in closed session under section 551.087 of the Texas Government Code, Deliberation Regarding Economic Development Negotiations; Closed Meeting. The governmental body is not required to conduct an open meeting (1) to discuss or deliberate regarding commercial or financial information that the governmental body has received from a business prospect that the governmental body seeks to have locate, stay, or expand in or near the territory of the governmental body and with which the governmental body is conducting economic development negotiations; or (2) to deliberate the offer of a financial or other incentive to a business prospect. 6, • Project E -023 14. City Council will meet in closed session under Texas Government Code Sec. 551.071, Consultation with Attorney and Sec. 551.074. Personnel matters to hear a complaint against the Mayor. Reconvene into Regular Session 08 -23 -2016 Minutes Page - 20 - Mayor Carpenter reconvened back into the regular session at 10:37 p.m. 13a. Take any necessary action based on discussions held in closed session under Agenda Item number 13. No Action taken. 14a. Take any necessary action based on discussions held in closed session under Agenda Item number 14. No Action taken. Mayor Carpenter recognized Mayor Tom Daly from the City of Selma who was in the audience this 08 -23 -2016 Minutes rage - 21 - Agenda No. 2 CITY COUNCIL MEMORANDUM City Council Meeting: August 30, 2016 Department: Development Services Subject: Ordinance No. 16 -S -27 — Conduct a public hearing and consideration and/or action approving an Ordinance regarding amendments to Past III, Schertz Code of Ordinances, Unified Development Code (UDC) Article 9 Site Design Standards, Article 10 Parking Standards and Article 14 Transportation. Final Reading (B. James /B. James) BACKGROUND In 2012 the City of Schertz entered into an interlocal with the Schertz Cibolo Universal City Independent School District (SCUCISD) to designate processes, procedures, and fee structures to streamline delivery of certain government functions and services in an efficient manner. This included provisions to allow alternative landscaping, tree preservation and parking standards. Recently, Comal ISD has approached the City of Schertz about school site design standards and is facing some of the same challenges experienced by SCUCISD that prompted their interlocal agreement. Rather than have a series of interlocal agreements with the various school districts within the City of Schertz, it was determined to be more appropriate to amend the UDC to reflect the alternate design standards. Generally, Article 9 Site Design Standards was developed with commercial and multi - family uses in mind, not institutional uses like schools, colleges and universities. These uses often have greater amounts of open space to accommodate play and recreation areas. The unique requirements for site security and student safety are also unique to these uses. Buildings are also designed with functionality and safety in mind, thus many schools built today differ substantially from those built 40 or 50 years ago. Public school districts are also unique in being built by another governmental entity and often school districts straddle multiple municipalities. As such, staff is proposing to modify the UDC to not require Section 21. 9.5 to apply to public schools. While schools generally have a lot of glazing, this can be spaced unevenly across the building. The gymnasium may not have any windows or example. The buildings tend to exceed our requirements for articulation. Materials can also be an issue and as schools may opt for a variety of materials to break up the monotony of the fagade. These might include metal and EFIS. Landscaping can be problematic give the large sites schools occupy. In particular the requirement for 9 trees per acres given the large lot size and the perimeter tree requirement. The City Council Memorandum Page 2 requirement for trees in parking areas and parking lot islands to minimize size issues in areas where kids and cars may be. This is also the case with screening of vehicular areas. A similar set of challenges arises with regard to screening and fencing. In many cases homes that back to a school do not have any additional screening beyond the residential homes' wood fences. Tree preservation is often a problem because in order for districts to find suitable size site they have to selects sites with challenges — trees, topography, etc. That create a challenge in saving trees. Additionally, the tree preservation ordinance allows for the use of tree mitigation funds on school property. These changes would simply be made in each section of article 9 that indicates: "Public schools will not be required to comply with this section." This certainly allows the school districts to better anticipate costs and to ensure greater uniformity of schools across municipal boundaries, something that promotes equity and efficiency. Council approved this on first reading at their meeting of August 23, 2016. Goal Provide for appropriate public school site development standards based upon the unique design, operations, range of activities and safety concerns associated with public schools that allow the school districts within Schertz to develop school facilities in a consistent manner. Community Benefit Improve cooperation between the City and public school districts that increases efficiency and more effectively utilizes public resources. Summary of Recommended Action On August 10, the Planning and Zoning Commission met and recommended 5 to 1 to approved the proposed amendment. Staff recommends that Council approve Ordinance 16 -S -27 on final reading amending the UDC. FISCAL IMPACT None RECOMMENDATION Approval of Ordinance 16 -S -27. ATTACHMENT Ordinance 16 -S -27 ORDINANCE NO. 16 -5 -27 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AMENDING THE CODE OF ORDINANCES, UNIFIED DEVELOPMENT CODE (UDC) SECTION 21.9.5 EXTERIOR CONSTRUCTION AND DESIGN STANARDS, SECTION 21.9.7 LANDSCAPING, SECTION 21.9.8 SCREENING AND FENCING, SECTION 21.9.9 TREE PRESERVATION AND MITIGATION, SECTION 21.10.4 SCHERDULE OF OFF - STREET PARKING REQUIREMENTS, SECTION 21.10.8 OFF - STREET LOADING /UNLOADING REQUIREMENTS, SECTION 21.14.3 ADDITIONAL DESIGN REQUIREMENTS, AND SECTION 21.16 DEFINITIONS PROVIDING A REVERSIONARY CLAUSE; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, The City Council of the City of Schertz and the Planning and Zoning Commission recognize the unique design requirements of public schools, and WHEREAS, The City of Schertz Unified Development Code is intended to protect, promote, improve, and provide for the public health, safety and general welfare of the citizens of the City, and WHEREAS, The standards in the Unified Development Code are to ensure safe, orderly and efficient development in the City, and WHEREAS, The City of Schertz specifically desires to recognize the unique factors in locating and planning for the provision of public schools, and WHEREAS, The Schertz City Council as a matter of public policy aims to ensure that public schools are compatible with surrounding development, and WHEREAS, Public schools have unique needs to incorporate design elements that provide for the safety of students, and WHEREAS, All required notices have been provided, and WHEREAS, on August 10, 2016, the Planning and Zoning Commission recommended approval WHEREAS, on August 23, 2016, the City Council conducted a public hearing and determined that this request is in the interest of the public safety, health, and welfare; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS THAT: Section 1. Unified Development Code, Section 21.9.5 B of the Code of Ordinances, City of Schertz, Texas is hereby amended as follows: B. Applicability The provisions of this section are deemed to be minimum standards and shall be applicable to the following: 1. All new buildings within the corporate limits of the City except public schools; and 2. Building expansions which cumulatively increase the gross floor area more than 25% of the original building area except public schools. Section 2. Unified Development Code, Section 21.9.5. E of the Code of Ordinances, City of Schertz, Texas is hereby amended as follows: E. Office /Public Buildings 1. Applicability This section shall apply to buildings with a professional office or public use except public schools. 2. Exterior Building Materials Buildings must comply with the following: a) At least 75% of each wall (excluding windows and doors) shall be finished in one or more of the following materials: • Brick • Stone • Faux brick or stone • Tile • Stucco • Concrete tiltwallb • Split face CMUb b) Concrete tiltwall and split face CMU may be used in conjunction with one of the other approved primary materials. Concrete tiltwall and split face CMU cannot be used for more than 30% of each fagade. 3. Glazing All buildings must comply with one of the following: a) At least 25% of the front facade ( facade adjacent to or facing a public street) shall be comprised of windows or glass doors. For buildings that are adjacent to or face two or more public streets at least 20% of each facade adjacent to or facing a public street shall be comprised of windows or glass doors. For buildings that are not adjacent to or face a public street, but instead face or front a private drive, the facade that faces or fronts on the private drive that provides for primary access shall be considered as the front facade; Or b) Windows and doors may be spread around the building, the minimum amount of required windows or glass doors is calculated as 50% of the front facade ( facade adjacent to or facing a public street). For buildings that are adjacent to or facing two or more public streets the minimum amount of required windows or glass doors is calculated as 40% of the total area of the fagades adjacent to or facing public streets. 4. Articulation and architectural features a) Horizontal articulations or offsets are required on any wall greater in length than 50 linear feet. (1) The depth of the articulation or offset shall be a minimum of two feet (2'). Articulations or offsets can be of varying depth as long as the minimum two feet (2') is met. (2) The length of the new plane created by the articulation or offset shall be a minimum of 20% of the total length of the entire wall. b) Vertical articulations or elevation changes are required on all walls and should be designed to screen rooftop equipment. (1) The height of the articulation or elevation change shall be a minimum of two feet (2'). Articulations or elevation changes can be of varying depth as long as the minimum two feet (2') is met. (2) The length of the new plane created by the articulation or elevation change shall be a minimum of 20% of the total length of the entire wall. 5. Roof Treatments Facade articulations shall provide for vertical and horizontal screening of air conditioning units and all mechanical equipment located on rooftops. The minimum height of the screening shall be equal to the height of the tallest rooftop equipment. Section 3. Unified Development Code, Section 21.9.7 E of the Code of Ordinances of the City of Schertz, Texas is hereby amended as follows: E. Landscape Installation Required 1. A minimum of twenty percent (20 %) of the total land area of any proposed multifamily or nonresidential development shall be landscaped and shall be comprised of trees, shrubs, sod or other ground cover. In the event of the construction of a phased development, the minimum twenty percent (20 %) requirement shall apply to each phase as it is developed. 2. All properties shall provide shade trees at a ratio of nine (9) trees per acre (43,560 square feet) of gross lot area. Industrial property shall provide shade trees at a ratio of nine (9) trees per acre, calculated at sixty percent (60 %) of the gross lot area or by exclusion of the main enclosure structure ground floor area from the gross lot area, whichever is less. Public schools shall provide shade trees at a ratio of at least four (4) trees per acre. Existing trees may be counted toward meeting the requirements of this section. a. Every single family residential lot shall provide a minimum of three (3) shade trees which shall include a minimum of one (1) tree in the front yard and one (1) tree in the rear yard. b. Any property that is unable to satisfy the tree requirements of this section shall be required to pay tree mitigation fees in accordance with section 21.9.9 of this UDC. 3. The use of native and adapted, drought tolerant plants is encouraged to meet the requirements of this section. 4. Artificial plants or turf shall not be counted towards meeting the requirements of this section. Section 4. Unified Development Code, Section 21.9.7 H of the Code of Ordinances of the City of Schertz, Texas is hereby amended as follows: H. Parking Area Landscaping Parking lots, vehicular use areas and parked vehicles are to be effectively screened from the public view and adjacent property. Both the interior and perimeter of such areas shall be landscaped in accordance with the following criteria. Areas used for parking or vehicle storage that are under, on or within buildings are exempt from these standards. Section H does not apply to public schools. 1. Interior Landscaping A minimum of ten percent (10 %) of the gross parking areas shall be devoted to living landscaping which includes grass, ground covers, plants, shrubs and trees. Gross parking area is to be measured from the edge of the parking and/or driveway and sidewalks. The following additional criteria shall apply to the interior of parking lots. a. Interior landscape areas shall be protected from vehicular encroachment of overhang through appropriate wheel stops or curbs. b. There shall be a minimum of one (1) shade tree planted for each 400 square feet or fraction thereof of required interior landscape area. C. Interior areas of parking lots shall contain planting islands located so as to best relieve the expanse of paving. Planter islands must be located no further apart than every twelve (12) parking spaces and at the terminus of all rows of parking. Such islands shall be a minimum of 200 square feet or ten feet (10') by twenty feet (20') in size. d. Planter islands shall contain a combination of trees, shrubs, lawn, ground cover and other appropriate materials provided such landscaping does not cause visual interference within the parking area. 2. Perimeter Landscaping All parking lots and vehicular use areas shall be screened from all abutting properties with a wall, fence, hedge, berm or other durable landscape barrier. All parking lots and vehicular use areas shall be screened from all abutting public rights -of -way with a wall, berm or combination of hedge and berm. Any living barrier shall be established in a minimum five foot (5') planting strip. Plants and materials used in living barriers shall be at least thirty inches (30 ") high at the time of planting and shall be of a type and species that will attain a minimum height of three feet (3') one (1) year after planting. Any landscape barrier not containing live plants or trees shall be a minimum of three feet (3') high at time of installation. Perimeter landscaping shall be designed to screen off - street parking lots and other vehicular use areas from public rights -of -way and adjacent residential properties. a. Whenever an off - street parking or vehicular use area abuts a public right - of -way, except a public alley, a perimeter landscape area of at least fifteen feet (15') in depth shall be maintained between the abutting right -of -way and the off - street parking or vehicular area. An appropriate landscape screen or barrier shall be installed in this area and the remaining area shall be landscaped with at least grass or other ground cover. Necessary access ways from the public right -of -way shall be permitted through all such landscaping. b. Whenever an off - street parking or vehicular use area abuts an adjacent residential property line, a perimeter landscape area of at least ten feet (10') in width shall be maintained between the edge of the parking area and the adjacent property line. Access ways between lots may be permitted through all perimeter landscape areas. Landscaping shall be designed to visually screen the parking area. Whenever such property is zoned or used for single family residential purposes, a landscape buffer shall include a masonry wall and hedge, or berm which shall be a minimum of three feet (3') in height and a maximum of eight feet (8') in height. C. Perimeter landscape areas shall contain at least one (1) shade tree for each fifty linear feet (50'), or fraction thereof, of perimeter area. Section 5. Unified Development Code, Section 21.9.8 B 3 of the Code of Ordinances of the City of Schertz, Texas is hereby amended as follows: 3. Fences Adjacent to Residential Property Where any nonresidential or multifamily use, lot or parcel except public schools is adjacent to or separated by only a local street or alley from a lot or parcel that is zoned for single family residential use, the nonresidential or multifamily use shall construct a masonry screening wall a minimum of eight feet (8') in height. The screen shall be located no closer to the street than the property line. Such screening wall shall be maintained in good condition. Any sections of this UDC or any other City ordinances, codes or regulations concerning sight obstructions of intersections shall be applicable to the screen where it is intersected by a right -of -way. Where any nonresidential or multifamily use, lot or parcel is located in such a manner so as to be at a higher elevation than an adjacent lot or parcel that is zoned for single family residential use, the required masonry screening wall shall be constructed on the higher elevation so as to mitigate the adjacent residential property from the impacts of the adjacent use. Section 6. Unified Development Code, Section 21.9.9 B 1 of the Code of Ordinances of the City of Schertz, Texas is hereby amended as follows: B. Applicability and Exemptions 1. The provisions of this section are applicable to the following: a. all new residential and nonresidential development within the City except public schools; b. redevelopment of any residential or nonresidential property within the City that results in an increase in the building footprint or the total destruction and reconstruction except public schools; C. any grading, filling or clearing of land in the City limits; and d. any selective or individual removal of any Protected or Heritage Tree in the City limits. Section 7. Unified Development Code, Section 21.10.4 A of the Code of Ordinances of the City of Schertz, Texas is hereby amended as follows: A. Off - street parking shall be provided in sufficient quantities to provide the following ratio of vehicle spaces for the uses specified in the districts designated: Table 1 -d • Requirements Use Type Parking Requirement Amusement, Commercial 10 spaces, plus 1 space for each 100 square feet of Indoor total floor area over 1,000 square feet Amusement, Commercial 1 space per 500 square feet of outdoor site area Outdoor plus 1 space per each 4 fixed spectator seats Bank, Savings And Loan, Or 1 space for each 250 square feet of gross floor area Other Financial Institution Bar Or Night Club 1 space for each 50 square feet of gross floor area Bed And Breakfast 1 space for each rented room plus 1 space per employee Bowling Alley 5 parking spaces for each lane Bus Depot 1 space for each 100 square feet of gross floor area Convalescent Home, Group 1 parking space for each 2 beds Home, Home For The Aged Dance, Assembly And Exhibition Halls Without Fixed 1 space for each 100 square feet used for assembly Seats or dancing Day Care Center 1 space per 250 square feet of gross floor area Group Home 4 spaces Hospital 1 parking space for each bed Table 21.10.4 Schedule of Off-Street Parking Requirements Use Type Parking Requirement 1 space for each sleeping room or suite plus 1 Hotel Or Motel space for every 200 square feet of common area not designated as sleeping rooms Libraries, Laboratories And 10 spaces plus 1 space for each 300 square feet of Student Centers floor area Lodging Houses And Boarding 1 space per each two (2) persons capacity of Houses overnight sleeping facilities Manufacturing, Processing Or 1 space for each 2 employees or 1 space for each Repairing 1,000 square feet of total floor area, whichever is greater Medical Or Dental Clinic 1 space for each 200 square feet of total floor area 1 space for each 300 square feet of office floor area Miniwarehouse plus 1 space for each 3,000 square feet of storage area 1 parking space for each 50 square feet of floor Mortuary/Funeral Home space in service rooms or 1 space for each 3 seats, whichever is less based on maximum design capacity) Multifamily, Duplex, Two - Family, Condominium Or Other 1.5 spaces per bedroom Similar Use Offices 1 space for each 250 square feet of gross floor area Personal Service Shop 1 space for each 200 square feet of gross floor area Residence Halls, Fraternity 1 space per person capacity of permanent sleeping Buildings And Sorority facilities Buildings Residential Care Facility 1 space per each two (2) persons 1 parking space for each 100 square feet of gross Restaurants floor area, or 1 space for each 4 seats, whichever is less based on maximum design capacity) Retail Sales And Service 1 space for each 250 square feet of gross floor area Parking shall be provided at a ratio approved by School, All Other Schools City staff based on a parking study provided by the applicant that shall include vehicle stacking requirements Parking shall be provided at a ratio approved by School, High School And City staff based on a parking study provided by the Vocational applicant that shall include vehicle stacking requirements Shopping Center Or Mall 1 space for each 250 square feet of gross floor area Single Family Attached And 2 parking spaces per dwelling unit Detached Dwelling Units Table 1 • Requirements Use Type Parking Requirement Theaters, Auditoriums, Minimum Required Churches, Assembly Halls, 1 space for each 4 seats or 1 space for every 100 Sports Arenas, Stadiums, Conference Center, Convention square feet of gross floor area, whichever is less Center Or Other Place Of Public (based on maximum design capacity) Assembly 1 15,000 — 50,000 1 space for each 3,000 square feet of sales area Vehicle Sales Or Rental (open and enclosed) devoted to the sale, display or 100,000 — 150,000 rental of vehicles Vehicle Service, Repair, Garage 1 space for each 200 square feet of total floor area 50,000 over 1 space for each 2 employees or 1 space for each Warehouse 1,000 square feet of total floor area, whichever is greater Section 8. Unified Development Code, Section 21.10.8 A of the Code of Ordinances of the City of Schertz, Texas is hereby amended as follows: All retail, commercial, industrial and service structures shall provide and maintain off - street facilities for receiving and loading merchandise, supplies and materials within a building or on the lot or tract. All public schools shall provide adequate stacking for vehicles based on a parking study approved by City Staff. Such off - street loading space may be adjacent to a public alley or private service drive or may consist of a truck berth within the structure. Such off - street loading space or truck berth shall consist of a minimum area of ten feet (10') by forty feet (40') and the spaces or berths shall be provided in accordance with the following schedule: Table 1 ' • Loading Requirements Square Feet of Minimum Required Gross Floor Area in Spaces or Berths Structure 0-5,000 None 5,000 — 15,000 1 15,000 — 50,000 2 50,000 — 100,000 3 100,000 — 150,000 4 Each Additional 50,000 over 1 150,000 Section 9. Unified Development Code, Section 21.14.3 C of the Code of Ordinances of the City of Schertz, Texas is hereby as follow: C. Landscape Buffer In addition to the requirements of section 21.9.7 of this UDC for landscaping, a minimum twenty foot (20') wide landscape buffer shall be provided adjacent to any public right -of -way. Trees shall be planted at an average density of one (1) tree per twenty linear feet (20') of street frontage except for public schools. The landscape buffer shall require an irrigation system and shall be maintained by the property owner. Section 10. Unified Development Code, Section 16 of the Code of Ordinances of the City of Schertz, Texas is hereby amended to add the following definition: Public Schools — include elementary, intermediate, middle, junior high, high and alternate schools operated by a public school district but does not include administrative and support facilities and buildings not located on a school campus or do not solely support one campus. Section 11. 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 12. All ordinances, 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 13. This Ordinance shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 14. 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. Sectionl5. 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. PASSED, APPROVED and ADOPTED ON THE FINAL READING, on the 30th day of August, 2016. CITY OF SCHERTZ, TEXAS Mayor, Michael R. Carpenter ATTEST: City Secretary, City of Schertz, Texas (CITY SEAL) CITY COUNCIL MEMORANDUM City Council Meeting: August 30, 2016 Department: Subject: BACKGROUND Agenda No. 3 Planning & Community Development Ordinance No. 16 -5 -28 — Conduct a public hearing for consideration and/or action on a request to rezone approximately 14 acres of land generally located 705 feet west of the intersection of FM 482 and Hubertus Road, from Manufacturing District, Light (M -1) to Agricultural District (AD). The property is specifically described as 13.17 acres out of the Rafael Garza Survey No. 98, Abstract No. 175, City of Schertz, Comal County, Texas. (Final Reading) CMH Homes, Inc. is requesting to rezone approximately 14 acres of land from Manufacturing District, Light (M -1) to Agricultural District (AD). They have indicated they plan to subdivide the property to create two buildable lots. The property is currently vacant and undeveloped. The public hearing notice was published in "The Daily Commercial Recorder" on August 1, 2016 and the "Herald" on August 3, 2016. Nine (9) public hearing notices were mailed to surrounding property owners within two hundred (200) feet of the subject property on July 15, 2016, prior to the Planning and Zoning Commission meeting that took place on July 27, 2016. At the time of this report being prepared, Staff received one (1) response in favor of the request. Goal CMH Homes, Inc. is requesting to rezone the approximate 14 acres tract of land from Manufacturing District, Light (M 1) to Agricultural District (AD) in order to create two residential lots. 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. City Council Memorandum Page 2 Summary of Recommended Action Staff reviewed the request for conformance with the Comprehensive Land Plan and the Schertz Sector Plan. The Sector Plan amendment to the Comprehensive Land Use Plan (CLUP) designates the subject property as Agricultural Conservation which is intended to preserve a rural /agricultural state. The Sector Plan recommends one of the character - defining elements for the Agricultural Conservation designation as residential and agricultural large -lots that are at least five (5) acres in lot size. • Comprehensive Land Plan Goals and Objectives: The proposed re- zoning request is in conformance with the goals and objectives of the Comprehensive Land Plan for this area. The proposed Agricultural District zone states that it is intended as a base zoning district in areas designated as Agricultural Conservation on the future land use map of the North and South Schertz Sector Plan. • Impact on Infrastructure: The proposed zoning request should have a minimal impact on the existing and planned water and wastewater systems. The project is within the Green Valley Special Utility District's service area and the applicant is proposing onsite sewer system facilities for the two proposed lots. • Impact on Public Facilities /Services: The proposed rezoning request should have a minimal impact on public services, such as schools, fire, police, parks and sanitation services since the area the subject property is located in is currently predominantly rural in nature. • Compatibility with Existing and Potential Adjacent Land Uses: The subject property is predominately surrounded by undeveloped land and existing rural single - family residential uses. The proposed rezoning is compatible with the existing adjacent land uses. City Council approved this on first reading at their meeting of August 23, 2016. FISCAL IMPACT None RECOMMENDATION The Planning and Zoning Commission conducted the public hearing on July 27, 2016 and offered a recommendation of approval by a unanimous vote. Staff recommends approval of final reading of Ordinance 16 -S -28 regarding the rezoning request based its compatibility with the adjacent land uses and compliance with the Comprehensive Land Plan. ATTACHMENT Ordinance No. 16 -S -28 Agenda No. 4 CITY COUNCIL MEMORANDUM City Council Meeting: August 30, 2016 Department: City Manager /Public Works /SSLGC Subject: Resolution 16 -R -69 - Consideration and approval by the city council of the city of Schertz, Texas an inter -local agreement between the City of Schertz and the City of Seguin related to cost allocation and debt payments for a 2nd pipeline and development and construction of the Guadalupe Well Field. BACKGROUND The Schertz Seguin Local Government Corporation (SSLGC) was founded in 1999 as a non - profit water supply corporation by the cities of Schertz and Seguin. This partnership has successfully delivered high quality drinking water to both cities since 2003. During this time, as the City of Schertz has grown and SSLGC has contracted with other communities for both drinking water as well as transporting other entities drinking water, it has become obvious that the time for expansion has arrived. For the last five years, the SSLGC has been planning and beginning development on two projects. The first is a second well field located in Guadalupe County, just over the border from our Gonzalez well fields. This 2nd field will eventually deliver an additional 5,000 - 6,000 acre feet of drinking water which will become necessary for Schertz to continue to provide adequate levels of drinking water to its citizens. Additionally, in 2011, SSLGC entered into an agreement to treat and transport 12,000 acre feet of water annually for the San Antonio Water System (SAWS). The SAWS water, from their own well field, currently takes up approximately 50% of the pipeline capacity in the original 36" pipeline that runs from the booster pump station south of Seguin to Schertz. Transporting this additional water has had a significant financial value to both Cities over the last 5 years, but SSLGC is beginning to struggle with enough pipeline capacity to move adequate water to Schertz during the high peak summer months. As a result, the 2nd project that SSLGC is preparing to undertake is the building and installation of a second pipeline to be a minimum diameter of 36" as well. This second pipeline will insure that we have adequate pipeline capacity to meet our future water needs through SSLGC and CVLGC and will allow us to sell excess water to other communities for many years to come. The Schertz /Seguin Local Government Corporation has applied with the Texas Water Development Board through its SWIFT program for funding of the Guadalupe Project and Parallel Pipeline Project. The application has been finalized to include the following components; (1) Low Interest Loan in the amount of $43,670,000.00 and (2) TWDB Participation loan in the amount of $22,830,000.00 totaling $66,500,000. To date, SSLGC has invested approximately $12,860,364 in the Guadalupe well field project. These expenditures include land, water leases, bond expenses, engineering, permitting and legal fees. Seven well permits have also been acquired with associated water rights. Attached to Resolution 16 -R -XX is a proposed Interlocal Agreement between Schertz and Seguin that outlines the cost allocation of how both of these projects will be funded by SSLGC, Schertz and Seguin. This agreement is necessary so that each City's officials have a clear understanding of how these projects will be paid for. Highlights of this Agreement include that the 2nd pipeline will be paid for by SSLGC and will be incorporated into all eligible rates of all payers. The Guadalupe Well Field debt will be paid for by Schertz and any other users of the Guadalupe Well Field and the cost of water from this well field will have its own rate structure that insures that all costs of this new water will be paid by the consumers of the water. In addition, the agreement contains language that requires SSLGC, Schertz and Seguin to annually discuss these funding plans to evaluate any other rate structures that would benefit SSLGC and both cities. Although this agreement will result in higher rates to the water users of the Guadalupe Well Field, the City has the potential to pursue different cost structures to help minimize the impact to our rate payers annually over the next thirty years. Goal Approve the Resolution allowing the City Manager to enter into the cost allocation agreement between Schertz and Seguin for this needed expansion of the SSLGC system. Community Benefit The City of Schertz is a member of the SSLGC. It is through the SSLGC that the City provides water to its citizens. Approval of this resolution and agreement will ensure the future water needs of the city are met for several years. Summary of Recommended Action Staff recommends approval of Resolution as provided by bond counsel. FISCAL IMPACT This action will have a fiscal impact on the City of Schertz by increasing our water rates. These rate increases are necessary to continue to provide water that is needed in the future. RECOMMENDATION Staff recommends approval of the attached Resolution. ATTACHMENT Resolution No. 16 -R -69 Cost Allocation Inter -Local Agreement between Schertz and Seguin RESOLUTION NO. 16 -R -69 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING THE CITY MANAGER TO ENTER INTO AN INTERLOCAL AGREEMENT BETWEEN SCHERTZ, SEGUIN AND THE SCHERTZ SEGUIN LOCAL GOVERNMENT CORPORATION OUTLINING THE COST ALLOCATION METHODS FOR REPAYING DEBT ASSOCIATED WITH TWO EXPANSION PROJECTS OF THE SCHERTZ SEGUIN LOCAL GOVERNMENT CORPORATION, AND OTHER MATTERS IN CONNECTION THEREWITH WHEREAS, The City of Schertz (the "City ") population continues to grow and this growth has created an increasing need for sustainable, clean, healthy drinking water; and WHEREAS, The City acquires almost all of its drinking water through the Schertz Seguin Local Government Corporation (SSLGC), a non - profit corporation developed as a result of the partnership of Schertz and Seguin to acquire sustainable drinking water in 1999; and WHEREAS, The SSLGC's pipeline from Seguin to Schertz has reached its maximum capacity secondary to outside contracts that have provided benefits to the SSLGC and its owners and the growth of Schertz is creating a demand for water that is approaching the maximum capacity of the current well field in Gonzalez County; and WHEREAS, SSLGC has an additional parallel pipeline from Seguin to Schertz and an additional well field in Guadalupe County approved in the State Water Plan and has applied for and received approval for funding from the Texas Water Development Board; and WHEREAS, The Pipeline Project benefits SSLGC and all of its customers including both owners and the Guadalupe Well Field will benefit the City of Schertz and other customers to a greater degree than the City of Seguin; and WHEREAS, SSLGC, the City of Schertz and the City of Seguin staff agree that an additional written agreement that clearly outlines how the costs of both of these projects will be allocated amongst both cities and other customers of SSLGC in accord with the current perceived benefit to all parties. 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 enter into an interlocal agreement in substantially the same form as the attached agreement in Exhibit A. Section 2. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Resolution for all purposes and are adopted as a part of the judgment and findings of the City Council. Section 3. All resolutions, or parts thereof, which are in conflict or inconsistent with any provision of this Resolution are hereby repealed to the extent of such conflict, and the provisions of this Resolution shall be and remain controlling as to the matters resolved herein. Section 4. This Resolution shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 5. If any provision of this Resolution or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Resolution and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City Council hereby declares that this Resolution would have been enacted without such invalid provision. Section 6. It is officially found, determined, and declared that the meeting at which this Resolution is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Resolution, was given, all as required by Chapter 551, Texas Government Code, as amended. Section 7. This Resolution shall be in force and effect from and after its final passage, and it is so resolved. PASSED AND ADOPTED, this 301h day of August, 2016. CITY OF SCHERTZ, TEXAS Mayor, Michael R. Carpenter ATTEST: City Secretary, Brenda Dennis (CITY SEAL) EXHIBIT A COST ALLOCATION INTERLOCAL AGREEMENT 50448599.1 A -1 Agenda No. 5 CITY COUNCIL MEMORANDUM City Council Meeting: August 30, 2016 Department: Subject: BACKGROUND City Manager /Public Works /SSLGC Resolution 16 -R -65 - Consideration and approval by the city council of the city of Schertz, Texas (a) approving resolutions previously adopted by the board of directors of the Schertz /Seguin Local Government Corporation (1) authorizing the request of financial assistance from the Texas Water Development Board through an application for state water implementation fund for Texas and board participation programs for the purpose of planning, designing, and constructing utility system improvements to assist in the implementation of the state water plan; ratifying such application as well as the terms and conditions set forth therein; and acknowledging the application's submission to the Texas Water Development Board; and (2) approving the execution of respective financing agreements pertaining to the state water implementation fund for Texas and board participation programs and a master agreement pertaining to the board participation program by the board of directors of the Schertz /Seguin Local Government Corporation and authorizing the mayor and city secretary of the city of Schertz, Texas to execute on behalf of the city of Schertz, Texas any and all necessary documents and certificates; (b) ratifying, reconfirming, and readopting the provisions of a regional water supply contract executed between the city of Schertz, Texas, the city of Seguin, Texas, and the Schertz /Seguin Local Government Corporation; and (c) approving other matters in connection therewith; and providing an effective date The Schertz Seguin Local Government Corporation (SSLGC) was founded in 1999 as a non - profit water supply corporation by the cities of Schertz and Seguin. This partnership has successfully delivered high quality drinking water to both cities since 2003. During this time, as the City of Schertz has grown and SSLGC has contracted with other communities for both drinking water as well as transporting other entities drinking water, it has become obvious that time for expansion has arrived. For the last five years, the SSLGC has been planning and beginning development on two projects. The first is a second well field located in Guadalupe County, just over the border from our Gonzalez well fields. This 2nd field will eventually deliver an additional 5 -6,000 acre feet of drinking water which will become necessary for Schertz to continue to provide adequate levels of drinking water to its citizens. Additionally, in 2011, SSLGC entered into an agreement to treat and transport 12,000 acre feet of water for the San Antonio Water System (SAWS). The SAWS water, from their own well field, currently takes up approximately 50% of the pipeline capacity in the 36" pipeline that runs from the south of Seguin to Schertz. Transporting this water has had a significant financial value to both Cities over the last 5 years, but Schertz is beginning to struggle with enough pipeline capacity to move adequate water to Schertz during the high peak summer months. As a result, the 2nd project that SSLGC is preparing to undertake is the building and installation of a second pipeline to be a minimum diameter of 36" as well. This second pipeline will insure that we have adequate pipeline capacity to meet our future water needs through SSLGC and CVLGC and will allow us to sell excess water to other communities for many years to come. The Schertz /Seguin Local Government Corporation has applied with the Texas Water Development Board through its SWIFT program for funding of the Guadalupe Project and Parallel Pipeline Project. The application has been finalized to include the following components; (1) Low Interest Loan in the amount of $43,670,000.00 and (2) TWDB Participation loan in the amount of $22,830,000.00 totaling $66,500,000. To date, SSLGC has invested approximately $12,860,364 in the Guadalupe well field project. These expenditures include land, water leases, bond expenses, engineering, permitting and legal fees. Seven well permits have been acquired with associated water rights. The City of Schertz and the City of Seguin are working to develop an Interlocal Agreement for debt service allocation. The SSLGC Board is scheduled to have taken action at a special called board meeting on August 29, 2016. Goal Approve the funding of these two programs for needed expansion of the SSLGC system. Community Benefit The City of Schertz is a member of the SSLGC. It is through the SSLGC that the City provides water to its citizens. Approval of this funding application will ensure the future water needs of the city are met. Summary of Recommended Action Staff recommends approval of Resolution as provided by bond counsel. FISCAL IMPACT This action will have a fiscal impact on the City of Schertz by increasing wholesale water rates. These rate increases are necessary to continue to provide water that is needed in the future. RECOMMENDATION Staff recommends approval utilizing the following language: A MOTION BY COUNCILMEMBER AND SECONDED BY COUNCILMEMBER THAT THE CITY COUNCIL APPROVE A RESOLUTION AUTHORIZING AND RATIFYING VARIOUS ACTIONS AND RESOLUTIONS PREVIOUSLY APPROVED BY THE SCHERTZ /SEGUIN LOCAL GOVERNMENT CORPORATION ATTACHMENT Transmittal letter from Jeff Kuhn with attachments Resolution No. 16 -R -65 RESOLUTION NO. 16 -R -65 (A) APPROVING RESOLUTIONS PREVIOUSLY ADOPTED BY THE BOARD OF DIRECTORS OF THE SCHERTZ /SEGUIN LOCAL GOVERNMENT CORPORATION (1) AUTHORIZING THE REQUEST OF FINANCIAL ASSISTANCE FROM THE TEXAS WATER DEVELOPMENT BOARD THROUGH AN APPLICATION FOR STATE WATER IMPLEMENTATION FUND FOR TEXAS AND BOARD PARTICIPATION PROGRAMS FOR THE PURPOSE OF PLANNING, DESIGNING, AND CONSTRUCTING UTILITY SYSTEM IMPROVEMENTS TO ASSIST IN THE IMPLEMENTATION OF THE STATE WATER PLAN; RATIFYING SUCH APPLICATION AS WELL AS THE TERMS AND CONDITIONS SET FORTH THEREIN; AND ACKNOWLEDGING THE APPLICATION'S SUBMISSION TO THE TEXAS WATER DEVELOPMENT BOARD; AND (2) APPROVING THE EXECUTION OF RESPECTIVE FINANCING AGREEMENTS PERTAINING TO THE STATE WATER IMPLEMENTATION FUND FOR TEXAS AND BOARD PARTICIPATION PROGRAMS AND A MASTER AGREEMENT PERTAINING TO THE BOARD PARTICIPATION PROGRAM BY THE BOARD OF DIRECTORS OF THE SCHERTZ /SEGUIN LOCAL GOVERNMENT CORPORATION AND AUTHORIZING THE MAYOR AND CITY SECRETARY OF THE CITY OF SCHERTZ, TEXAS TO EXECUTE ON BEHALF OF THE CITY OF SCHERTZ, TEXAS ANY AND ALL NECESSARY DOCUMENTS AND CERTIFICATES; (B) RATIFYING, RECONFIRMING, AND READOPTING THE PROVISIONS OF A REGIONAL WATER SUPPLY CONTRACT EXECUTED BETWEEN THE CITY OF SCHERTZ, TEXAS, THE CITY OF SEGUIN, TEXAS, AND THE SCHERTZ /SEGUIN LOCAL GOVERNMENT CORPORATION; AND (C) APPROVING OTHER MATTERS IN CONNECTION THEREWITH; AND PROVIDING AN EFFECTIVE DATE NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS THAT: Section 1. The City Council of the City of Schertz, Texas (the City) finds and declares that the actions of the Board of Directors (the Board) of the Schertz /Seguin Local Government Corporation (the Corporation) should be approved and the actions described in the Corporation Resolutions (hereinafter defined) are in the best interests of the inhabitants of the City for the reasons therein set forth. Section 2. The City Council (i) reviewed and hereby approves a resolution, as to form and content, including the factual findings contained therein and all documents referenced therein, adopted by the Board of the Corporation on April 21, 2016, relating to the request of financial assistance from the Texas Water Development Board's State Water Implementation Fund for Texas (SWIRFI) and Board Participation Programs (collectively, the Programs) for the purpose of planning, designing, and constructing utility system improvements (the Application Resolution); (ii) 27220131.3 ratifies an application (the Application) to the Texas Water Development Board for financial assistance pursuant to the Programs, and consents to the terms and conditions set forth in the Application; and (iii) acknowledges the Application's previous submission by the Corporation to the Texas Water Development Board for approval. Section 3. The City Council (i) reviewed and hereby approves a resolution, as to form and content, including the factual findings contained therein and all documents referenced therein, adopted by the Board of the Corporation on August 29, 2016, relating to the Application's condition precedent to secure the Board Participation Program's financing assistance through the execution of a Master Agreement (the Master Agreement Resolution); (ii) reviewed and hereby approves a resolution, as to form and content, including the factual findings contained therein and all documents referenced therein, adopted by the Board of the Corporation on August 29, 2016, relating to the Application's condition precedent to secure the Board Participation Program's financing assistance through the execution of a Financing Agreement (the Board Participation Resolution); and (iii) reviewed and hereby approves a resolution, as to form and content, including the factual findings contained therein and all documents referenced therein, adopted by the Board of the Corporation on August 29, 2016, relating to the Application's condition precedent to secure SWIRFT's financing assistance through the execution of a Financing Agreement (the SWIRFT Resolution, and collectively with the Board Participation Resolution, the Financing Resolutions). Section 4. The City Council ratifies, readopts, and reconfirms the Regional Water Supply Contract, including the factual findings contained therein, previously approved and executed among the City of Schertz, Texas and the City of Seguin, Texas (collectively, the Cities) and the Corporation (the Contract) which provides certain security for the prospective payment of obligations hereinafter issued by the Corporation to assist in financing planning, designing, and constructing Corporation utility system improvements, and each City's obligations under the Contract, including the acknowledgement that the payment of principal of and interest in relation to the obligations undertaken pursuant to the Programs is payable, in whole or in part, from the Annual Payments (as defined in the Contract) to be made by the Cities to the Corporation under and pursuant to the Contract. Section 5. The Mayor, the City Manager, and the City Secretary of the City are hereby authorized to execute on behalf of the City any and all documents in connection with these transactions, including the Application Resolution, the Master Agreement Resolution and the Financing Resolutions (collectively, the Corporation Resolutions). This Resolution may be relied upon by the appropriate representatives of the parties to this transaction, including the Texas Water Development Board and the Texas Attorney General, in the review and approval of this transaction. Section 6. The Mayor and the City Secretary and the other officers of the City are hereby authorized to execute and deliver such additional endorsements, instruments, certificates, documents, or paper necessary and advisable to carry out the intent and purposes of this Resolution and the Corporation Resolutions on behalf of the City. Section 7. The City Manager of the City, or his designee, is authorized to accomplish all administrative matters (as may be necessary or desired), with respect to directives included in this Resolution. Section 8. No default by the City in observing or performing its obligations under this Resolution shall constitute a breach of or default under the Corporation Resolutions for purposes of 27220131.3 -2- any other provision of the Corporation Resolutions. Nothing is intended or shall act to disclaim, waive, or otherwise limit the duties of the City under federal and state securities laws. UNDER NO CIRCUMSTANCES SHALL THE CITY BE LIABLE TO THE HOLDER OR BENEFICIAL OWNER OF ANY OBLIGATIONS OR ANY OTHER PERSON, IN CONTRACT OR TORT, FOR DAMAGES RESULTING IN WHOLE OR IN PART FROM ANY BREACH BY THE CITY, WHETHER NEGLIGENT OR WITH OR WITHOUT FAULT ON ITS PART, OF ANY COVENANT SPECIFIED IN THIS RESOLUTION, BUT EVERY RIGHT AND REMEDY OF ANY SUCH PERSON, IN CONTRACT OR TORT, FOR OR ON ACCOUNT OF ANY SUCH BREACH SHALL BE LIMITED TO AN ACTION FOR MANDAMUS OR SPECIFIC PERFORMANCE. Section 9. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Resolution for all purposes and are adopted as a part of the judgment and findings of the City Council. Section 10. All ordinances and resolutions, or parts thereof, which are in conflict or inconsistent with any provision of this Resolution are hereby repealed to the extent of such conflict, and the provisions of this Resolution shall be and remain controlling as to the matters resolved herein. Section 11. This Resolution shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 12. If any provision of this Resolution or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Resolution and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City Council hereby declares that this Resolution would have been enacted without such invalid provision. Section 13. It is officially found, determined, and declared that the meeting at which this Resolution is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Resolution, was given, all as required by Chapter 551, as amended, Texas Government Code. Section 14. This Resolution shall be in force and effect from and after the date of its adoption, and it is so resolved. [The remainder of this page intentionally left blank.] 27220131.3 -3- APPROVED THIS THE 30TH DAY OF AUGUST, 2016. ATTEST: City Secretary 27220131.3 -4- Mayor A NORTON ROSE FULBRIGHT August 23, 2016 Norton Rose Fulbright US LLP Via E -Mail 300 Convent Street, Suite 2100 San Antonio, Texas 78205 -3792 United States Ms. Brenda Dennis W. Jeffrey Kuhn City Secretary Partner City of Schertz Direct line +1 210 270 7131 1400 Schertz Parkway w.jeffrey.kuhn @nortonrosefulbright.com Schertz, Texas 78154 Tel +1 210 224 5575 Fax +1 210 270 7205 nortonrosefu (bright. com Re: Schertz/Seguin Local Government Corporation Contract Revenue Bonds, Series 2016 (Texas Water Development Board SWIRFT Project Financing) Dear Brenda: I enclose as Exhibit A to this letter the agenda item to be utilized in preparing the agenda for the August 30, 2016 regular meeting of the City Council. Thank you for ensuring that this agenda item is posted in accordance with the provisions of the Texas Open Meetings Act. I also enclose as Exhibit B the suggested motion for this item. I also enclose a draft copy of the Resolution for inclusion in the City Council's agenda packets. Please send any comments to this Resolution to me as soon as possible so that it may be finalized. Lastly, I enclose Exhibit A and Exhibit B in Word format for your convenience. Thank you, in advance, for your prompt attention to this matter. If I can provide any additional assistance concerning this matter, please do not hesitate to contact me. Very truly y urs, W. Zuhn WJK/jcq Enclosures cc: Mr. Alan Cockerell (Schertz/Seguin Local Government Corporation) Ms. Amber Briggs (Schertz/Seguin Local Government Corporation) Mr. Pat Lindner (Davidson, Troilo, Ream & Garza P.C.) Mr. John C. Kessel (City of Schertz, Texas) Mr. Juan Santoya (City of Schertz, Texas) Mr. Charles Zech (Denton, Navarro, Rocha, Bernal, Hyde & Zech, P.C.) Mr. Mark McLiney (SAMCO Capital Markets, Inc.) Mr. Andrew Friedman (SAMCO Capital Markets, Inc.) Norton Rose Fulbright US LLP is a limited liability partnership registered under the laws of Texas. 27490743.1 Norton Rose Fulbright US LLP, Norton Rose Fulbright LLP, Norton Rose Fulbright Australia, Norton Rose Fulbright Canada LLP and Norton Rose Fulbright South Africa Inc are separate legal entities and all of them are members of Norton Rose Fulbright Verein, a Swiss verein. Norton Rose Fulbright Verein helps coordinate the activities of the members but does not itself provide legal services to clients. Details of each entity, with certain regulatory Information, are available at nortonrosefulbright.com. Brenda Dennis August 23, 2016 Page 2 Ms. Veronica Alonzo (SAMCO Capital Markets, Inc.) Mr. George Scofield (Finn) Mr. Clay Binford (Firm) Ms. Stephanie V. Leibe (Firm) Mr. Adam Harden (Firm) Mr. Arnold Cantu III (Firm) Ms. Lauren N. Ferrero (Firm) Mr. Matthew A. Lee (Firm) Mr. Clay Chrisman (Firm) 27480743.1 A NORTON ROSE FULBRIGHT EXHIBIT A CONSIDERATION AND APPROVAL BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS (A) APPROVING RESOLUTIONS PREVIOUSLY ADOPTED BY THE BOARD OF DIRECTORS OF THE SCHERTZ/SEGUIN LOCAL GOVERNMENT CORPORATION (1) AUTHORIZING THE REQUEST OF FINANCIAL ASSISTANCE FROM THE TEXAS WATER DEVELOPMENT BOARD THROUGH AN APPLICATION FOR STATE WATER IMPLEMENTATION FUND FOR TEXAS AND BOARD PARTICIPATION PROGRAMS FOR THE PURPOSE OF PLANNING, DESIGNING, AND CONSTRUCTING UTILITY SYSTEM IMPROVEMENTS TO ASSIST IN THE IMPLEMENTATION OF THE STATE WATER PLAN; RATIFYING SUCH APPLICATION AS WELL AS THE TERMS AND CONDITIONS SET FORTH THEREIN; AND ACKNOWLEDGING THE APPLICATION'S SUBMISSION TO THE TEXAS WATER DEVELOPMENT BOARD; AND (2) APPROVING THE EXECUTION OF RESPECTIVE FINANCING AGREEMENTS PERTAINING TO THE STATE WATER IMPLEMENTATION FUND FOR TEXAS AND BOARD PARTICIPATION PROGRAMS AND A MASTER AGREEMENT PERTAINING TO THE BOARD PARTICIPATION PROGRAM BY THE BOARD OF DIRECTORS OF THE SCHERTZ/SEGUIN LOCAL GOVERNMENT CORPORATION AND AUTHORIZING THE MAYOR AND CITY SECRETARY OF THE CITY OF SCHERTZ, TEXAS TO EXECUTE ON BEHALF OF THE CITY OF SCHERTZ, TEXAS ANY AND ALL NECESSARY DOCUMENTS AND CERTIFICATES; (B) RATIFYING, RECONFIRMING, AND READOPTING THE PROVISIONS OF A REGIONAL WATER SUPPLY CONTRACT EXECUTED BETWEEN THE CITY OF SCHERTZ, TEXAS, THE CITY OF SEGUIN, TEXAS, AND THE SCHERTZ/SEGUIN LOCAL GOVERNMENT CORPORATION; AND (C) APPROVING OTHER MATTERS IN CONNECTION THEREWITH; AND PROVIDING AN EFFECTIVE DATE 27490743.1 EXHIBIT B A MOTION BY COUNCILMEMBER AND SECONDED BY COUNCILMEMBER THAT THE CITY COUNCIL APPROVE A RESOLUTION AUTHORIZING AND RATIFYING VARIOUS ACTIONS AND RESOLUTIONS PREVIOUSLY APPROVED BY THE SCHERTZ/SEGUIN LOCAL GOVERNMENT CORPORATION 27480743.1 RESOLUTION NO. SSLGC R16 -16 A RESOLUTION APPROVING THE BOARD PARTICIPATION PROGRAM FINANCING AGREEMENT BETWEEN THE SCHERTZ /SEGUIN LOCAL GOVERNMENT CORPORATION AND THE TEXAS WATER DEVELOPMENT BOARD AND OTHER MATTERS IN CONNECTION THEREWITH WHEREAS, the Schertz /Seguin Local Government Corporation (the Corporation) previously submitted an application to the Texas Water Development Board (the TWDB) for financial assistance from its Board Participation Program (Board Participation Program); and WHEREAS, the TWDB Board approved the Corporation's application requesting up to $30,500,000 in Board Participation financial assistance, and as a condition precedent to secure this financing assistance, the TWDB requires that the Corporation enter into a financing agreement (the Financing Agreement), in substantially the form attached hereto as Exhibit A; and WHEREAS, in accordance with the rules and regulations of the TWDB Board, the Board of Directors (the Board of the Corporation is required to adopt a resolution authorizing the execution of the Financing Agreement; now, therefore, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE SCHERTZ /SEGUIN LOCAL GOVERNMENT CORPORATION THAT: 1. The Board authorizes the execution of the Financing Agreement between the Corporation and the TWDB in substantially the form attached hereto as Exhibit A. The President of the Board, the Vice President of the Board, or the General Manager of the Corporation are also hereby authorized to approve any amendments or revisions to this Financing Agreement. 2. The President of the Board, the Vice President of the Board, or the General Manager of the Corporation is hereby authorized to execute and submit to the TWDB the Financing Agreement, and the President or Vice President of the Board or General Manager of the Corporation, together with Bond Counsel, Financial Advisor, and consulting engineers named in the Board Participation Program application, are authorized to appear before the TWDB in support of the Financing Agreement. 3. The President of the Board, the Vice President of the Board, or the General Manager of the Corporation is further specifically authorized to make the required assurances to the TWDB concerning this financing in accordance with the rules, regulations, and policies of the TWDB. 4. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Resolution for all purposes and are adopted as a part of the judgment and findings of the Corporation. 27466923.2 5. All resolutions, or parts thereof, which are in conflict or inconsistent with any provision of this Resolution are hereby repealed to the extent of such conflict, and the provisions of this Resolution shall be and remain controlling as to the matters resolved herein. 6. This Resolution shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. 7. If any provision of this Resolution or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Resolution and the application of such provision to other persons and circumstances shall nevertheless be valid, and the Corporation hereby declares that this Resolution would have been enacted without such invalid provision. 8. It is officially found, determined, and declared that the meeting at which this Resolution is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Resolution, was given, all as required by Chapter 551, as amended, Texas Government Code. 9. This Resolution shall take effect immediately upon its passage. 27466923.2 2 PASSED, ADOPTED AND APPROVED on the 291h day of August, 2016. SCHERTZ /SEGUIN LOCAL GOVERNMENT CORPORATION President, Board of Directors Attest: Secretary, Board of Directors (SEAL) 27466923.2 J Signature Page to the Resolution Approving the Board Participation Financing Agreement Between Schertz /Seguin Local Government Corporation and the Texas Water Development Board *:4:II:30 r_1 Board Participation Financing Agreement See Tab No. 27466923.2 A -1 RESOLUTION NO. SSLGC R16 -15 A RESOLUTION APPROVING THE STATE WATER IMPLEMENTATION REVENUE FUND FOR TEXAS FINANCING AGREEMENT BETWEEN THE SCHERTZ /SEGUIN LOCAL GOVERNMENT CORPORATION AND THE TEXAS WATER DEVELOPMENT BOARD AND OTHER MATTERS IN CONNECTION THEREWITH WHEREAS, the Schertz /Seguin Local Government Corporation (the Corporation) previously submitted an application to the Texas Water Development Board (the TWDB) for financial assistance from its State Water Implementation Revenue Fund for Texas ( SWIRFT); and WHEREAS, the TWDB Board approved the Corporation's application requesting up to $36,000,000 in SWIRFT financial assistance, and as a condition precedent to secure this financing assistance, the TWDB requires that the Corporation enter into a financing agreement (the Financing Agreement), in substantially the form attached hereto as Exhibit A; and WHEREAS, in accordance with the rules and regulations of the TWDB Board, the Board of Directors (the Board) of the Corporation is required to adopt a resolution authorizing the execution of the Financing Agreement; now, therefore, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE SCHERTZ /SEGUIN LOCAL GOVERNMENT CORPORATION THAT: 1. The Board authorizes the execution of the Financing Agreement between the Corporation and the TWDB in substantially the form attached hereto as Exhibit A. The President of the Board, the Vice President of the Board, or the General Manager of the Corporation are also hereby authorized to approve any amendments or revisions to this Financing Agreement. 2. The President of the Board, the Vice President of the Board, or the General Manager of the Corporation is hereby authorized to execute and submit to the TWDB the Financing Agreement, and the President or Vice President of the Board or General Manager of the Corporation, together with Bond Counsel, Financial Advisor, and consulting engineers named in the SWIFRT application, are authorized to appear before the TWDB in support of the Financing Agreement. 3. The President of the Board, the Vice President of the Board, or the General Manager of the Corporation is further specifically authorized to make the required assurances to the TWDB concerning this financing in accordance with the rules, regulations, and policies of the TWDB. 4. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Resolution for all purposes and are adopted as a part of the judgment and findings of the Corporation. 27435548.2 5. All resolutions, or parts thereof, which are in conflict or inconsistent with any provision of this Resolution are hereby repealed to the extent of such conflict, and the provisions of this Resolution shall be and remain controlling as to the matters resolved herein. 6. This Resolution shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. 7. If any provision of this Resolution or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Resolution and the application of such provision to other persons and circumstances shall nevertheless be valid, and the Corporation hereby declares that this Resolution would have been enacted without such invalid provision. 8. It is officially found, determined, and declared that the meeting at which this Resolution is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Resolution, was given, all as required by Chapter 551, as amended, Texas Government Code. 9. This Resolution shall take effect immediately upon its passage. 27435548.2 2 PASSED, ADOPTED AND APPROVED on the 291h day of August, 2016. SCHERTZ /SEGUIN LOCAL GOVERNMENT CORPORATION President, Board of Directors Attest: Secretary, Board of Directors (SEAL) 27435548.2 J Signature Page to the Resolution Approving the SWIRFT Financing Agreement Between Schertz/Seguin Local Government Corporation and the Texas Water Development Board EXHIBIT A SWIRFT Financing Agreement See Tab No. 27435548.2 A -1 RESOLUTION NO. SSLGC R16 -17 A RESOLUTION APPROVING THE BOARD PARTICIPATION PROGRAM MASTER AGREEMENT BETWEEN THE SCHERTZ /SEGUIN LOCAL GOVERNMENT CORPORATION AND THE TEXAS WATER DEVELOPMENT BOARD AND OTHER MATTERS IN CONNECTION THEREWITH WHEREAS, the Schertz /Seguin Local Government Corporation (the Corporation) previously submitted an application to the Texas Water Development Board (the TWDB) for financial assistance from its Board Participation Program (Board Participation Program); and WHEREAS, the TWDB Board approved the Corporation's application requesting up to $30,500,000 in Board Participation Program financial assistance, and as a condition precedent to secure this financing assistance, the TWDB requires that the Corporation enter into a Master Agreement (the Agreement), in substantially the form attached hereto as Exhibit A; and WHEREAS, in accordance with the rules and regulations of the TWDB Board, the Board of Directors (the Board) of the Corporation is required to adopt a resolution authorizing the execution of the Agreement; now, therefore, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE SCHERTZ /SEGUIN LOCAL GOVERNMENT CORPORATION THAT: 1. The Board authorizes the execution of the Agreement between the Corporation and the TWDB in substantially the form attached hereto as Exhibit A. The President of the Board, the Vice President of the Board, or the General Manager of the Corporation are also hereby authorized to approve any amendments or revisions to this Agreement and its exhibits. 2. The President of the Board, the Vice President of the Board, or the General Manager of the Corporation is hereby authorized to execute and submit to the TWDB the Agreement, and the President or Vice President of the Board or General Manager of the Corporation, together with Bond Counsel, Financial Advisor, and consulting engineers named in the Board Participation Program application, are authorized to appear before the TWDB in support of such Agreement. 3. The President of the Board, the Vice President of the Board, or the General Manager of the Corporation is further specifically authorized to make the required assurances to the TWDB in accordance with the rules, regulations, and policies of the TWDB. 4. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Resolution for all purposes and are adopted as a part of the judgment and findings of the Corporation. 5. All resolutions, or parts thereof, which are in conflict or inconsistent with any provision of this Resolution are hereby repealed to the extent of such conflict, and the provisions of this Resolution shall be and remain controlling as to the matters resolved herein. 27466891.2 6. This Resolution shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. 7. If any provision of this Resolution or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Resolution and the application of such provision to other persons and circumstances shall nevertheless be valid, and the Corporation hereby declares that this Resolution would have been enacted without such invalid provision. 8. It is officially found, determined, and declared that the meeting at which this Resolution is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Resolution, was given, all as required by Chapter 551, as amended, Texas Government Code. 9. This Resolution shall take effect immediately upon its passage. 27466891.2 2 PASSED, ADOPTED AND APPROVED on the 291h day of August, 2016. SCHERTZ /SEGUIN LOCAL GOVERNMENT CORPORATION President, Board of Directors Attest: Secretary, Board of Directors (SEAL) 27466891.2 J Signature Page to the Resolution Approving the Board Participation Program Master Agreement Between Schertz /Seguin Local Government Corporation and the Texas Water Development Board *:4:II:30 r_1 Master Agreement See Tab No. 27466891.2 A -1 City Council Meeting: Department: Subject: BACKGROUND Agenda No. 6 CITY COUNCIL MEMORANDUM August 30, 2016 City Manager Resolution 16 -R -70 - Consideration and/or action approving a resolution authorizing a letter of permission to the Texas Department of State Health Services allowing a new EMS Transport Provider to be licensed within the City. (D. Wait /D. Wait) In 2013, the Texas Legislature passed HB 3556 to reduce the amount of healthcare fraud that was present in the EMS industry across the State. On section of this Bill required any new EMS Provider to get a letter of permission from the jurisdiction within which the organization was going to be located and operate. This letter requirement put the onus on the local jurisdiction to attest that a new EMS Provider would not adversely affect the current EMS Providers operating within the jurisdiction and that a new provider would also help fulfill a need within the jurisdiction. Since the passage of this bill, the City has not received any requests for a letter of permission until now. Approximately two (2) years ago, BCFS Health and Human Services Emergency Management Division (BCFS) leased property off of F.M. 3009 to place all of their emergency response equipment and to base their Emergency Management Division from that location. Since this time, BCFS has worked with Schertz public safety agencies to help us be better prepared for disasters and to assist with various tasks around the City. This culminated during the July 4th Jubilee when the BCFS large incident command trailer was used for the coordination of the public safety functions related to the holiday events. BCFS's Emergency Management Division specializes in the sheltering, feeding and caring for those displaced due to manmade or natural disasters. They are internationally known and work hand in hand with local jurisdictions to perform these vital functions all over the world. Recently, BCFS proposed licensing two ambulances with the Texas Department of State Health Services to be used during sheltering operations to reduce the impact on the local public safety agencies that are often inundated with responding to the disaster within its borders. This plan will be tremendously useful to local jurisdictions when and if needed. In order to implement this plan, BUS must have a letter of permission to operate within a jurisdiction in order to get their initial license. This same piece of legislation also allows an EMS Provider to operate anywhere during a declared disaster. This means that BUS needs this letter of permission from the City, even though they may never operate their ambulances on our streets. This would then allow them to respond to disasters across the State with their ambulances. Secondary to this request, BUS has offered these ambulances, as they have their other equipment, to be used by the City of Schertz during any event that may require additional support. Community Benefit To enable our local Emergency Management responders to have additional resources to help communities across Texas, and if needed, here in Schertz, in order to better respond to natural and manmade disasters. Summary of Recommended Action Staff recommends approval of Resolution No. 16 -R -70 authorizing the Mayor to sign the letter of permission for BUS Health and Human Services Emergency Management Division to allow them to complete their licensing application for an EMS Provider License. FISCAL IMPACT This has no fiscal impact to the City of Schertz RECOMMENDATION: Approval of Resolution 16 -R -70 authorizing the Mayor to sign the letter of permission for BUS Health and Human Services Emergency Management Division to complete their licensing application for an EMS Provider License. ATTACHMENT(S) Resolution 16 -R -70 DSHS Letter of Permission BCFS Request for Support RESOLUTION NO. 16 -R -70 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING THE SIGNING OF A LETTER OF PERMISSION FOR BCFS HEALTH AND HUMAN SERVICES EMERGENCY MANAGEMENT DIVISION TO ACQUIRE A TEXAS DEPARTMENT OF STATE HEALTH SERVICES EMS PROVIDER LICENSE, AND OTHER MATTERS IN CONNECTION THEREWITH WHEREAS, the City staff of the City of Schertz (the "City ") has received a request for a "Letter of Permission" to provide ambulance service within the City of Schertz from the BCFS Health and Human Services Emergency Management Division; and WHEREAS, Such letters are now required for new EMS Providers by Texas Administrative Code Chapter 157.11, Requirements for an EMS Transport Provider License; and WHEREAS, City staff has determined that BCFS's request is to have ambulances available to their staff during disaster responses across the State of Texas; and WHEREAS, BCFS will be able to utilize these ambulances in support of Schertz EMS during large multi - casualty incidents and for large city events when and if requested; and WHEREAS, City staff has determined that this letter of permission will have no detrimental effects on the provision of EMS within the City Limits or upon the City's EMS and other EMS providers operating in the City. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS THAT: Section 1. The City Council hereby authorizes the Mayor to sign the Letter of Permission as set forth on Exhibit A. Section 2. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Resolution for all purposes and are adopted as a part of the judgment and findings of the City Council. Section 3. All resolutions, or parts thereof, which are in conflict or inconsistent with any provision of this Resolution are hereby repealed to the extent of such conflict, and the provisions of this Resolution shall be and remain controlling as to the matters resolved herein. Section 4. This Resolution shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 5. If any provision of this Resolution or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Resolution and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City Council hereby declares that this Resolution would have been enacted without such invalid provision. Section 6. It is officially found, determined, and declared that the meeting at which this Resolution is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Resolution, was given, all as required by Chapter 551, Texas Government Code, as amended. Section 7. This Resolution shall be in force and effect from and after its final passage, and it is so resolved. PASSED AND ADOPTED, this 30th day of August, 2016. CITY OF SCHERTZ, TEXAS Mayor, Michael R. Carpenter ATTEST: City Secretary, Brenda Dennis (CITY SEAL) EXHIBIT A TEXAS DEPARTMENT OF STATE HEALTH SERVICES EMS TRANSPORT PROVIDER LICENSE LETTER OF PERMISSION 50448599.1 A -1 BC --t-TS Kevin C. Dinnin June 30, 2016 President Health and Human Services - Est. 1944 Mayor Michael Carpenter Administrative City of Schertz Headquarters 1400 Schertz Parkway Schertz, TX 78154 1506 Bexar Crossing San Antonio, Texas 78232 Dear Mayor Carpenter: (210) 832 -5000 Fax: (210) 832 -5005 As required by the Health and Safety Code, Title 9. Safety, Subtitle B. Emergencies, Chapter 773, Emergency Medical Services, I am writing to request a Letter www.BCFS.net of Approval from the City of Schertz, to authorize the storage and operation of Basic Life Support (BLS) Ambulances within your jurisdiction. More precisely, your Letter of wwwDiscoverBCFS.net Approval is needed to allow us to license these units through the Texas Department of State Health Services. These BLS Ambulances, with bariatric capability, will be used exclusively during emergency conditions by our Emergency Management Division (EMD) within the State of Texas during disasters or other emergencies in which our resources have been tasked by a governmental entity. These units will not be available to hire by the general public and can only be activated for use by an appropriate governmental entity. Relative to Chapter 773.0573, "Letter of Approval from Local Governmental Entity," services and care provided via these units are intended solely for support of government during emergency conditions. Key points in our request are that these units: 1. Will not interfere with or adversely affect the provision of emergency medical services provided by the City of Schertz, due to the fact that the EMD unit(s) will not respond to requests from the general public. 2. Will not cause an oversupply of licensed emergency medical service providers in the City of Schertz, due to the fact that these units will be operated for government missions and operations and not for dispatch to requests from the general public. 3. Can remedy an ambulance shortage during periods of high- demand caused by disaster - related and/or other incidents or events that cannot be resolved by City of Schertz resources; EMD would make the unit(s) available to the City of Schertz to utilize as necessary and upon request. BCFS HHS is one of six entities within the BUS System of non - profit organizations, which is an international, tax - exempt 501(C)(3) corporation headquartered in San Antonio, Texas. Our Emergency Management Division (EMD) focuses on many aspects of emergency management, including response and recovery. EMD has multiple emergency response contracts that can be activated for emergency operations for the Federal Government, State governmental entities as well as many local jurisdictions. Your consideration regarding this request is appreciated. Should you have questions and/or require additional information, please do not hesitate to contact me at (210) 832 -5000. Respectfully, evin C. Dinnin Arizona • California • Colorado • Florida • Illinois - New York • Ohio • Oregon • Tennessee • Texas • Washington, D.C. Africa • Eastern Europe • Latin America • Southeast Asia August 30, 2016 Texas Department of State Health Services Office of EMS and Trauma PO Box 149347 Austin, TX 78714 -9347 TO WHOM IT MAY CONCERN: The City of Schertz has received a request for a letter of approval from BUS Emergency Management to obtain an EMS Provider License. BUS has operations in the City of Schertz and stores all of their disaster response equipment within our City Limits. BUS has represented to the City that they desire to have licensed ambulances to be used during their official disaster operations around the State of Texas and they have graciously extended the use of these units for mutual aid when feasible to assist our city EMS department. After studying BCFS's plan, the City attests to the following: • The addition of BUS as a licensed EMS provider will not interfere with or adversely affect the provision of EMS by the licensed EMS providers operating in our city limits. • The addition of BUS as a licensed EMS provider within our city limits could be beneficial during times of large event coverage or during large mass - casualty events by providing additional ambulances to assist during these high volume times. • The addition of BUS as a licensed EMS provider will not cause an oversupply of licensed EMS providers operating in our city limits. This letter was presented and approved by the City of Schertz City Council at a regular meeting on August 30, 2016. Please feel free to contact the City should you have any further questions or comments. Sincerely, Michael R. Carpenter Mayor, City of Schertz Agenda No. 7 CITY COUNCIL MEMORANDUM City Council Meeting: August 30, 2016 Department: Subject: BACKGROUND Development Services Ordinance No. 16 -S -31 — Conduct a public hearing and consideration and/or action approving an Ordinance imposing a moratorium on property development due to prevent a shortage of essential public facilities generally in the area from IH -10 to approximately 2,000 feet North of Lower Seguin Road between FM 1518 and the western boundary of the City Limits. Final Reading (B. James /B. James) The Texas Local Government Code, Section 212 Subchapter E Moratorium on Property Development provides that in certain circumstances cities may impose a moratorium on property development in the event that there exists a demonstrated need to prevent a shortage of essential public facilities or a significant need for public facilities. In order to impose a moratorium certain notice and public hearing requirements must be met within a specified time frame. The imposition of the moratorium is based on written findings that provide evidence demonstrating the extent of the need beyond the estimated capacity of existing essential public facilities or a significant need for public facilities that is expected to result from new property development. As City Council is aware the City of Schertz is experiencing tremendous growth in southern Schertz. Much of this area is located in the flight path of Joint Base San Antonio Randolph. Base operations present unique hazards as are outlined in the 2015 Joint Base San Antonio Randolph Land Use Study especially considering the bird strike hazard which Council adopted per Resolution 15 -R -96 that includes strategies and timeframes to mitigate these hazards. While the City is in process of planning for a Fire Station #3 in this area, the particular hazards from JBSA Randolph necessitate additional measures to ensure this hazard is mitigated. These hazards associated with JBSA Randolph operations and existing development patterns create a significant need for public facilities, in particular fire facilities. A failure to provide these facilities given the current land uses, zoning, and land use designations coupled with Base operations would result in an overcapacity of these facilities that are detrimental to the health, safety, and welfare of residents of Schertz. In order to impose the moratorium, Council must hold this public hearing, a public hearing must be held at the Planning and Zoning Commission on August 24, and again at City Council on August 30. This will allow the imposition of a moratorium for up to 120 days while the City City Council Memorandum Page 2 works to alleviate the problem of a lack of capacity of fire facilities in this area. Attached is the written report required by the Texas Local Government Code. City Council approved this on first reading at their meeting of August 23, 2016. Goal To achieve the goals and objectives of the City Comprehensive Land Plan including managing growth in a manner that allows services and facilities to keep pace with development including providing local emergency health facilities and fire protection throughout the community. Promoting the use of areas near Joint Base San Antonio Randolph that are sensitive to the recommendations of the Joint Base San Antonio Randolph Land Use Study including acknowledging the unique hazards posed in certain areas by Base operations. Community Benefit Prevent a shortage of essential fire facilities in the subject area given the current proximity of existing fire stations within the City of Schertz and the unique hazards in this area as a result of being within and near the Accident Potential Zones and Clear Zone of Joint Base San Antonio Randolph that would result in an overcapacity of public facilities and that would be detrimental to the health, safety, and welfare of the resident of the municipality. Summary of Recommended Action Staff recommends that Council approve Ordinance 16 -S -31 on final reading. FISCAL IMPACT None RECOMMENDATION Approval of Ordinance 16 -S -31 on final reading. ATTACHMENT Resolution 15 -R -96 Adopting the JBSA Randolph JLUS 2015 Ordinance 16 -S -31 Written Findings Justifying the Need for a Moratorium Given the Significant Need for Public Fire Facilities ORDINANCE NO. 16 -S -31 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS IMPOSING A MORATORIUM ON BOTH RESIDENTIAL AND COMMERICAL PROPERTY DEVELOPMENT DUE TO A NEED TO PREVENT A SHORTAGE OF ESSENTIAL PUBLIC FACILITIES GENERALLY IN THE AREA FROM IH -10 TO APPROXIMATELY 2,000 FEET NORTH OF LOWER SEGUIN ROAD BETWEEN FM 1518 AND THE WESTERN BOUNDARY OF THE CITY LIMITS PROVIDING A REVERSIONARY CLAUSE; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, The City of Schertz adopted the 2015 Joint Base San Antonio Randolph (JBSA Randolph) Joint Land Use Study (JLUS) by Resolution 15 -R -96, and WHEREAS, The JBSA Randolph JLUS outlines specific hazards to the areas around the base, particularly near the Clear Zones and Accident Potential Zones which are further exacerbated due to high bird strike hazards, type of aircraft and volume of operations, and WHEREAS, The 2015 JBSA Randolph JLUS identifies particular incompatibility issues due to conflicts with certain land uses and identifies incompatible land uses that were previously considered compatible, and WHEREAS, The hazards to the areas within Schertz posed by JBSA Randolph flight operations are unique to the areas around JBSA Randolph and require specialized training and equipment, and WHEREAS, The area in question is experiencing tremendous growth and development pressure and that development in the area is creating significant needs for fire facilities, and WHEREAS, The existing development regulations and ordinances are inadequate to prevent and overcapacity of municipal infrastructure and being detrimental to the health, safety and welfare in this area as is demonstrated by current response times and the number of permits issued around and in this area, and WHEREAS, Only by imposing a moratorium in this area can the City implement working plan for designing a new fire station and outlining needed equipment to deal with the hazard posed by flight operations in conjunction with implementing the strategies of the 2015 JBSA Randolph JLUS to reduce hazards, and WHEREAS, Section 212 Subchapter E of the Texas Local Government Code allows the impositions of a moratorium on property development on both residential and commercial property, and WHEREAS, the City Council has found per Exhibit A that evidence exists demonstrating that applying existing development ordinances or regulations and other applicable laws are inadequate to prevent the new development from causing the overcapacity of municipal infrastructure and being detrimental to the public health, safety, and welfare in this area, and WHEREAS, the City Council found evidence demonstrating that alternative methods of achieving the objectives of the moratorium are unsatisfactory, and WHEREAS, the City Council has found evidence of a working plan and time schedule to achieve the objectives of the moratorium, and WHEREAS, All required notices have been provided, and WHEREAS, on August 23, 2016, the City Council held a first public hearing and considered this ordinance for which notice was published, and WHEREAS, on August 24, 2016, the Planning and Zoning Commission held a public hearing to consider this ordinance imposing a moratorium, and WHEREAS, on August 30, 2016, the City Council conducted a public hearing and determined that this request is in the interest of the public safety, health, and welfare; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITYOF SCHERTZ, TEXAS THAT: Section 1. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Ordinance for all purposes and are adopted as a part of the judgment and findings of the Council. Section 2. The City hereby adopts a moratorium on both residential and commercial property development due to a need to prevent a shortage of essential public facilities generally in the area from IH -10 to approximately 2,000 feet north of Lower Seguin Road between FM 1518 and the western boundary of the City Limits for 120 days. Section 3. All ordinances, 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. Approved on first reading the 23rd day of August, 2016. PASSED, APPROVED AND ADOPTED on final reading the day of August, 2016. Michael R. Carpenter, Mayor ATTEST: Brenda Dennis, City Secretary (SEAL OF THE CITY) (CITY SEAL) Exhibit A Justification of a Moratorium on Both Residential and Commercial Development due to a Significant Need for Public Facilities Written Findings RESOLUTION NO. 15 -R -96 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS ADOPTING THE RANDOLPH JOINT LAND USE STUDY (JLUS); AND OTHER MATTERS IN CONNECTION THEREWITH WHEREAS, the City of Schertz (the "City ") participated in the development of the Randolph JLUS through its membership on the Executive Committee and Advisory Committee: and WHEREAS, Joint Base San Antonio Randolph is key in protecting our Nation's security and is an important economic engine contributing to the local and regional economies through annual payroll, annual expenditures, and value of jobs created; and WHEREAS, compatibility issues associated with the growing population and expansion of developed land within the City of Schertz and it's Extraterritorial Jurisdiction and the existing and potential future missions of Joint Base San Antonio Randolph are likely to increase; and WHEREAS, the goal of the Randolph JLUS is to protect the viability of current and future military training operations, while simultaneously guiding community growth, sustaining the environmental and economic health of the region, and protecting public health, safety, and welfare; and WHEREAS the City of Schertz played a critical role in the development of the Randolph JLUS and the City's input provided technical guidance relevant to the City's policies, regulations, culture and values; and WHEREAS the general public was instrumental in the development of the Randolph JLUS and strategies by providing their perspective and feedback; and WHEREAS the Randolph JLUS strategies incorporate a variety of actions that can be implemented to promote compatible land use and resource planning; and WHEREAS one important element of implementation of the strategies is establishment of the Randolph JLUS Implementation Task Force to work together to establish procedures, recommend or refine specific action for member agencies, and make adjustments to strategies over time to ensure the Randolph JLUS continues to resolve key compatibility issues through realistic strategies and implementation; and WHEREAS adoption of the strategies may require public input and engagement, input from City boards and commissions, and further action by City Council through the adoption of ordinances; and WHEREAS a key first step in prioritizing the strategies for evaluation as to how to appropriately implement the strategies is the adoption of the plan by the City of Schertz City Council. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS: Section 1. The City Council adopts the JBSA - Randolph Joint Land Use Study as set forth in Exhibit A and directs City Staff to develop processes to evaluate and implement the strategies applicable to the City of Schertz as appropriate. 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 17th day of November, 2015. ATTEST: Via." Brenda Dennis, City Secretary (CITY SEAL) CITY OF SCH T , TEXAS Mayor Michael R. Carpenter 2 EXHIBIT A JBSA- Randolph Joint Land Use Study ON Justification for Moratorium: Significant Need for Public Facilities- Fire Written Findings The significant need for fire facilities in southwestern Schertz, coupled with increased development in the area, in light of the flight mission from Joint Base San Antonio - Randolph (JBSA- Randolph) would be detrimental to the health, safety, and welfare of the residents of Schertz. 1. Evidence demonstrating that applying existing development ordinances or regulations and other applicable laws is inadequate to prevent the new development from causing the overcapacity of municipal infrastructure or being detrimental to the public health, safety, and welfare of the affected geographical area; Over the course of the last few years, Schertz has experienced a tremendous amount of growth in southern Schertz, the areas generally bounded by IH -10, the Cibolo Creek, FM 78 and the western boundary of the City. The development has been primarily residential, with projects such as Laura Heights, Hunter Estates, Ivy Estates, The reserve at Schertz, The Crossvine, Willow Grove, and Rhine Valley. These are in addition to Schertz Forest and Sedona that were developed a few years earlier. Two schools have also been constructed in southern Schertz, Corbett Junior High and the Washington Tyrannus School of the Arts. This has significantly altered the character of the area and imposed a tremendous need for additional infrastructure, including fire protection, sewer service, improved road networks, police protection, water service and drainage. A number of efforts are underway to provide additional infrastructure capacity in this area. The City and the Cibolo Creek Municipal Authority (CCMA) are working to construct a sewer treatment plant near IH -10 and the Cibolo Creek. The City has also applied for a Certificate of Convenience and Necessity (CCN) for sewer collection with the Texas Commission on Environmental Quality (TCEQ) has entered into an interlocal agreement with the San Antonio River Authority (SARA) for the part of southern Schertz in the San Antonio River Authority's (SARA) CCN. The City has engaged Freese and Nichols, Inc. to update the City's thoroughfare plan and craft a roadway impact fee ordinance. This is especially critical given the limited access to southern Schertz from the rest of the City where the Police and Fire Department facilities are located. Finally, to provide additional water capacity, the City acquired a tract of land in southern Schertz and has entered into a contract for the design of a 1 million gallon elevated storage tank. Despite the current lack of infrastructure, development has continued at a rapid pace. The primary concern in this area is a lack of fire protection. The Fire Department has indicated that the average response time for Engine 1 to Laura Heights is 20:38 minutes (median time is 19:56). For Sedona it is 11:77 minutes on average and median response time is 11:63 minutes. This has led the City to rely increasingly on our neighboring City of Converse to supplement the fire protection for this area which strains their resources as well. This development activity is occurring under the City's current development ordinances and is expected to continue into the future. Additional efforts by the City to provide additional infrastructure mentioned above— water (elevated storage tank) sewer (CCMA treatment plant), improved road network which benefit existing residents, also adds capacity to meet the needs of future development and is likely to increase development in the area. 2. Evidence demonstrating that alternative methods of achieving the objectives of the moratorium are unsatisfactory; and In an effort to provide adequate fire protection to the area, the City of Schertz works with neighboring communities including the cities of Converse and Cibolo. While this assistance is critical it is not sufficient to provide adequate fire protection to this area. The Converse and Cibolo Fire Departments must provide fire protection to their communities and as such may not have adequate resources when called upon to respond. Additionally, their proximity to the area does not provide for desired response times. In June 2015 the City entered into an agreement with the Alamo Area Council of Government (AACOG) regarding mutual aid for emergencies and recovery. This is only used for larger incidents, not more routine incidents that are experienced more often. Despite all of these efforts, additional fire resources, primarily staff, equipment and a fire station/public safety facility are needed to adequately serve this area. As part of the City's Facilities Master Plan effort, Mike Pietsch, P.E. Consulting Services, Inc. was retained to assist developing a master fire station plan. The report recommends the next station be constructed in this area in the vicinity of FM 1518 and Ray Corbett Drive to mitigate the "excessive travel distance from existing Fire Station #1 to the southern section of Schertz. This is in part due to the limited access to the area from the existing fire stations as the only route into the area from the rest of Schertz is via FM 1518 which can be impacted in flooding situation. This location is intended to eliminate potential or existing ISO class 10 (no recognized fire protection) areas and improved the ISO rating. The ongoing development further stretches the fire resources that are serving this area. 3. Evidence demonstrating that the municipality has approved a working plan and time schedule for achieving the objectives of the moratorium. The City Council created a bond committee to prioritize future bond needs. The highest priority at this point is a future public safety facility that would serve to provide fire protection to this area. The bond election was held November 2015 and citizens approved funding for a new public safety facility in southern Schertz. The working plan to provide adequate fire services for this area is to hire additional fire personnel in FY 2015 -16 and future years so that when the station is complete in early 2018 staffing for the station exists. Ongoing steps include hiring additional fire personnel for the next two years to achieve adequate staffing when the station is anticipated to open. Having certainty on funding for the fire station and new firefighters would allow the city to allow finalize the station location and begin design. The City will also work over the next 4 months to analyze the recently approved JBSA- Randolph Joint Land Use Study (JLUS) to determine any changes to land uses and development regulations to reduce the risk to individuals and property in the area in light of the increased hazards associated with the fight training mission at Randolph that are outlined in the JLUS. Staff will also consider this in developing the plans for the new fire station, including its design and equipment as well as training of staff. Agenda No. 8 CITY COUNCIL MEMORANDUM City Council Meeting: August 30, 2016 Department: Finance Subject: Public Hearing — Fiscal Year 2016 -17 Budget and First Reading of Ordinance No. 16 -T -29 BACKGROUND In accordance with applicable statutes and the City Charter, the City Manager submitted a budget proposal to the City Council for consideration. The City Council held the first public hearing on August 23, 2016 on the proposed FY 2016 -17 budget, including the budget of the Schertz Economic Development Corporation. This is the second public hearing and first reading of the budget ordinance. Council will take the second and final vote to adopt the proposed City FY 2016 -17 budget at the next regularly scheduled Council meeting on September 6, 2016 at 6:00 P.M. in the City Council Chambers. FISCAL IMPACT General Fund $28,516,699 Special Events Fund 130,350 PEG Fund 108,600 Water & Sewer Fund 20,574,656 EMS Fund 8,928,351 Drainage Fund 1,122,764 Hotel Tax Fund 260,995 Park Fund 185,000 Tree Mitigation 142,000 Capital Recovery -Water 156,000 Capital Recovery -Sewer 235,500 Tax I &S Fund 6,614,581 Library Fund 22,000 Historical Committee 11,750 SEDC 2,062,617 Total $69,071,863 City Council Memorandum Page 2 RECOMMENDATION Staff recommends that the Mayor open the public hearing, take comments, then close the public hearing. Staff further recommends that the City Council approve first reading of Ordinance No. 16 -T -29, adopting the budget for the fiscal year beginning October 1, 2016 and ending September 30, 2017. ATTACHMENT Ordinance No. 16 -T -29 ORDINANCE NO. 16 -T -29 AN ORDINANCE ADOPTING A BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2016, AND ENDING SEPTEMBER 30, 2017, IN ACCORDANCE WITH THE CHARTER OF THE CITY OF SCHERTZ, TEXAS; PROVIDING FOR THE FILING OF THE BUDGET; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Schertz is a home rule city acting under its charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Local Government Code; and WHEREAS, the City Manager of the City of Schertz submitted a budget proposal to the City Council prior to the beginning of the fiscal year, and in said budget proposal set forth the estimated revenues and expenditures and made the detailed classification as required by the City Charter of the City of Schertz, Texas; and WHEREAS, the City Council finds that all provisions pertaining to the adoption of a budget contained in the City Charter have been in all things complied with; and WHEREAS, a Public Hearing was held by the City Council of the City of Schertz, Texas on the 23rd day of August, 2016, and the 30th day of August, 2016; and WHEREAS, after a full and final consideration, the City Council is of the opinion that the budget should be approved and adopted; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS, THAT: SECTION 1. The budget of the expenditures of the City of Schertz for the ensuing fiscal year beginning October 1, 2016, and ending September 30, 2017, as modified by the City Council, be, and the same is, in all things, adopted and approved as the said City of Schertz budget for the Fiscal Year beginning the first day of October, 2016, and ending the thirtieth day of September, 2017. SECTION 2. The sums below are hereby appropriated from the respective funds for the payment of expenditures on behalf of the City government as established in the approved budget document: 2015 -2016 Budget General Fund $28,516,699 Special Events Fund $ 130,350 PEG Fund $ 108,600 Water & Sewer Fund $20,574,656 EMS Fund $ 8,928,351 Drainage Fund $ 1,122,764 Hotel Tax Fund $ 260,995 Park Fund $ 185,000 Tree Mitigation $ 142,000 Capital Recovery -Water $ 156,000 Capital Recovery -Sewer $ 235,500 Tax I &S Fund $ 6,614,581 Library Fund $ 22,000 Historical Committee $ 11,750 SEDC $ 2,062,617 Total $69,071,863 SECTION 3. A true and correct copy of this ordinance along with the approved budget attached hereto, and any amendments thereto, shall be filed with the City Secretary. In addition, the City Manager is hereby directed to file or cause to be filed a true and correct copy of this ordinance along with the approved budget attached hereto, and any amendments thereto, in the office of the County Clerk of Guadalupe, Comal, and Bexar Counties, Texas, as required by law. SECTION 4. This ordinance shall be cumulative of all provisions of ordinances and of the Code of Ordinances of the City of Schertz, Texas (2006), as amended, except where the provisions of this ordinance are in direct conflict with the provisions of such ordinances and such Code, in which event the conflicting provisions of such ordinances and such Code are hereby repealed. SECTION 5. It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs, and sections of this ordinance are severable, and if any phrase, clause, sentence, paragraph, or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs, and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph, or section. SECTION 6. This ordinance shall be in full force and effect from and after its final passage, and it is so ordained. PASSED AND APPROVED ON FIRST READING THIS 23rd DAY OF AUGUST 2016. Michael Carpenter, Mayor ATTEST: Brenda Dennis, City Secretary PASSED AND APPROVED ON SECOND READING THIS 6th DAY OF SEPTEMBER 2016. Michael Carpenter, Mayor ATTEST: Brenda Dennis, City Secretary Agenda No. 9 CITY COUNCIL MEMORANDUM City Council Meeting: August 30, 2016 Department: Finance Subject: Public Hearing and first Reading Ordinance No. 16 -T -30 - FY 2016 -17 Tax Rate BACKGROUND At the August 9, 2016 regular session the City Council, by record vote, established a proposed preliminary maximum tax rate of $0.4911, per $100 of value, with the M &O rate at $0.3168 and the I &S portion of $0.1743. The proposed rate is not subject to rollback. In accordance with Chapter 26.05(d) of the State's Property Tax Code, a governing body must hold 2 public hearings on the tax rate if the proposed tax rate exceeds the lower of the Effective or Rollback Tax Rate. In this case the hearings are required as the proposed rate exceeds the effective rate. The first required public hearing was held on August 23, 2016 regular session of City Council. The second required public hearing will be conducted at the August 30, 2016 regular session. During the final tax rate adoption process Council can approve a lower rate at that time, however they will not be able to approve a rate higher than this without republishing the notices and holding additional public hearings. Due to timing constraints set by the State Tax Code 26.05(a), the latest council could set a new preliminary rate is August 30, 2016 without calling special meetings. FISCAL IMPACT The proposed maximum rate maintains quality service to residents and businesses and provides growth in service offerings based on input staff received from Citizens and Council from Retreats, Community Meetings, and elections. The current property tax rate is $0.4911 per $100 valuation. The proposed maximum tax rate will remain the same at $0.4911 per $100 valuation. The M &O portion of the property tax rate will increase to $0.3168 from $0.3159 per $100 valuation. The I &S portion will decrease to $0.1743 from $0.1752 per $100 valuation. RECOMMENDATION Staff recommends that the City Council approve Ordinance No. 16 -T -30 approving the Fiscal Year 2016 -17 Proposed Tax Rate on first reading. The motion is "I move that property taxes be increased by the adoption of a tax rate of $0.4911, which is effectively a 2.2% increase in the tax rate." City Council Memorandum Page 2 ATTACHMENT Ordinance No. 16 -T -30 ORDINANCE NO. 16 -T -30 AN ORDINANCE APPROVING THE APPRAISAL ROLL; SETTING THE TAX RATE; LEVYING AND ASSESSING GENERAL AND SPECIAL AD VALOREM TAXES FOR THE USE AND SUPPORT OF THE MUNICIPAL GOVERNMENT OF THE CITY OF SCHERTZ, TEXAS; APPORTIONING THE LEVIES FOR SPECIFIC PURPOSES; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Manager of the City of Schertz submitted a tax rate proposal to the City Council prior to the beginning of the fiscal year, and in said tax rate proposal set forth the estimated necessary tax rate required to provide adequate revenues for the general use and support of the Municipal Government of the City of Schertz Texas; and WHEREAS, the City Council finds that all provisions pertaining to the adoption of an ad valorem tax rate have been in all things complied with; and WHEREAS, a Public hearing was held by the City Council of the City of Schertz on the 23rd day of August, 2016 and a second Public Hearing was held on the 30th day of August 2016; and WHEREAS, after a full and final consideration, the City Council is of the opinion that the tax rate and ad valorem tax appraisal roll should be approved and adopted; and WHEREAS, the taxes have been levied in accordance with the adopted 2016 -17 budget as required by state law; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS, THAT: SECTION 1. The ad valorem tax appraisal roll and effective tax rate information as presented by the tax assessor for the tax year 2016, be and is hereby in all things approved and adopted. SECTION 2. This tax rate will raise more taxes for Maintenance and Operations than last year's tax rate. SECTION 3. This tax rate will raise taxes for Maintenance and Operations on the average Home by approximately $20.87. SECTION 4. There is hereby levied and assessed and there shall be collected for the tax year 2016 for the general use and support of the Municipal Government of the City of Schertz, Texas a total ad valorem tax of Forty-Nine Eleven Cents ($0.4911) on each One Hundred Dollars ($100.00) of valuation of property — real and personal — within the corporate limits of the City of Schertz, Texas, subject to taxation. The assessment ratio shall be One Hundred percent (100 %). SECTION 5. The City Council of the City of Schertz, Texas, does hereby levy or adopt the tax rate on $100.00 valuation for this city for tax year 2015 as follows: 1. 0.3168 for the purpose of maintenance and operation 1. 0.1743 for the payment of principal and interest on debt 2. 0.4911 total tax rate SECTION 6. It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs and sections of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of the ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. SECTION 7. This ordinance shall be in full force and effect from and after its passage, and it is so ordained. SECTION 8. Ad valorem taxes for the year are due and payable on October 1, 2016 and shall become delinquent after January 31, 2017. A delinquent tax shall incur all penalty and interest authorized by state law, Section 33.01 of the Property Tax Code. Taxes that remain delinquent on and after July 1, 2017, incur an additional penalty of 15% of the amount of the taxes, penalty and interest due, such additional penalty to defray the cost of collection as authorized in Section 6.30 of the Property Tax Code. The City shall have available all rights and remedies provided by law for the enforcement of the collection of taxes levied under this ordinance. SECTION 9. Taxes are payable at the office of the counties of Comal, Bexar and Guadalupe. PASSED AND APPROVED ON FIRST READING THIS 30th DAY OF AUGUST 2016. Michael Carpenter, Mayor ATTEST: Brenda Dennis, City Secretary PASSED AND APPROVED ON SECOND READING THIS 6th DAY OF SEPTEMBER 2016. Michael Carpenter, Mayor ATTEST: Brenda Dennis, City Secretary