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09-06-2016 Agenda with backup City Council Agenda REGULAR SESSION CITY COUNCIL SEPTEMBER 6, 2016, 6:00 P.M. HAL BALDWIN MUNICIPAL COMPLEX COUNCIL CHAMBERS 1400 SCHERTZ PARKWAY BUILDING #4 SCHERTZ, TEXAS 78154 COMMUNITY.SERVICE.OPPORTUNITY 09-06-2016 Council Agenda City of Schertz Core Values Do the right thing Do the best you can Treat others the way you would want to be treated Work together cooperatively as a team AGENDA TUESDAY, SEPTEMBER 6, 2016 AT 6:00 P.M. Call to Order – City Council Regular Session Opening Prayer and Pledges of Allegiance to the Flags of the United States and State of Texas. (Councilmember John) City Events and Announcements  Announcements of upcoming City Events (B. James/D. Wait/S. Gonzalez)  Announcements and recognitions by City Manager (J. Kessel) New Employee Recognitions:  Fire Department: Firefighters Sawyer Marks, Donald Scibienski and Tyler Wencka  IT: Senior Systems Administrator Kent David  Public Works: Drainage – Drainage Worker 1 Nathan DeHaven Employee Recognition  Recognition of 20 years of Service to Jim Busch. (J. Kessel) Proclamation  Proclamation recognizing National Payroll Week. (Mayor Carpenter/Members of the Alamo Chapter American Payroll Association & Schertz Finance Department) 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. 09-06-2016 City Council Agenda Page - 2 - All remarks shall be addressed to the Council as a body, and not to any individual member thereof. Any person making personal, impertinent, or slanderous remarks while addressing the Council may be requested to leave the meeting. Discussion by the Council of any item not on the agenda shall be limited to statements of specific factual information given in response to any inquiry, a recitation of existing policy in response to an inquiry, and/or a proposal to place the item on a future agenda. The presiding officer, during the Hearing of Residents portion of the agenda, will call on those persons who have signed up to speak in the order they have registered. Discussion and Action Items 1. Minutes – Consideration and/or action regarding the approval of the minutes of the Regular Meeting of August 30, 2016. (J. Kessel/B. Dennis) 2. Ordinance No. 16-T-29 – Consideration and/or action approving an Ordinance on the proposed FY2016-17 Budget. Final Reading (J. Kessel/J. Walters) 3. Ordinance No. 16-T-30 – Consideration and/or action approving an Ordinance on the proposed FY 2016-17 Tax Rate. Final Reading (J. Kessel/J. Walters) Roll Call Vote Confirmation Requests and Announcements 4. Announcements by City Manager  Citizen Kudos  Recognition of City employee actions  New Departmental initiatives 5. 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. 6. 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 09-06-2016 City Council Agenda Page - 3 - Executive Session 7. 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.  Project E-025 Reconvene into Regular Session 7a. Take any necessary action based on discussions held in closed session under Agenda Item number 7. Roll Call Vote Confirmation Adjournment CERTIFICATION I, BRENDA DENNIS, CITY SECRETARY OF THE CITY OF SCHERTZ, TEXAS, DO HERE BY CERTIFY THAT THE ABOVE AGENDA WAS PREPARED AND POSTED ON THE OFFICIAL BULLETIN BOARDS ON THIS THE 2nd DAY OF SEPTEMBER, 2016 AT 8:30 A.M. WHICH IS A PLACE READILY ACCESSIBLE TO THE PUBLIC AT ALL TIMES AND THAT SAID NOTICE WAS POSTED IN ACCORDANCE WITH CHAPTER 551, TEXAS GOVERNMENT CODE. Brenda Dennis Brenda Dennis, City Secretary I CERTIFY THAT THE ATTACHED NOTICE AND AGENDA OF ITEMS TO BE CONSIDERED BY THE CITY COUNCIL WAS REMOVED BY ME FROM THE OFFICIAL BULLETIN BOARD ON _____DAY OF _______________, 2016. ____________________________Title:__________________________ This facility is accessible in accordance with the Americans with Disabilities Act. Handicapped parking spaces are available. If you require special assistance or have a request for sign interpretative services or other services please call 210-619-1030. The City Council for the City of Schertz reserves the right to adjourn into executive session at any time during the course of this meeting to discuss any of the matters listed above, as authorized by the Texas Open Meetings Act. 09-06-2016 City Council Agenda Page - 4 - 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 adde d to this agenda with the intent to meet all elements necessary to satisfy Texas Government Code Chapter 551.144(c) and the meeting is conducted by all participants in reliance on this opinion. COUNCIL COMMITTEE AND LIAISON ASSIGNMENTS Mayor Carpenter Audit Committee Interview Committee for Boards and Commissions Investment Advisory Committee TIRZ II Board Councilmember Fowler – Place 1 Interview Committee for Boards and Commissions Schertz Housing Board Liaison Randolph Joint Land Use Study (JLUS) Executive Committee Schertz Seguin Local Government Corporation Councilmember Azzoz – Place 2 Animal Control Advisory Committee Sweetheart Advisory Committee Councilmember John – Place 3 Lone Star Rail District Mayor Pro-Tem Edwards – Place 4 Audit Committee Hal Baldwin Scholarship Committee Interview Committee for Boards and Commissions Cibolo Valley Local Government Corporation Councilmember Thompson – Place 5 Audit Committee Investment Advisory Committee Agenda No. 1 CITY COUNCIL MEMORANDUM City Council Meeting: September 6, 2016 Department: City Secretary Subject: Minutes BACKGROUND The City Council held a Regular Meeting on August 30, 2016. FISCAL IMPACT None RECOMMENDATION Staff recommends Council approve the minutes of the Regular Meeting of August 30, 2016. ATTACHMENTS Regular Meeting Minutes of August 30, 2016. 08-30-2016 Minutes Page - 1 - MINUTES REGULAR MEETING August 30, 2016 A Regular Meeting was held by the Schertz City Council of the City of Schertz, Texas, on August 30, 2016, at 6:00 p.m., in the Hal Baldwin Municipal Complex Council Chambers, 1400 Schertz Parkway, Building #4, Schertz, Texas. The following members present to-wit: Mayor Michael Carpenter Mayor Pro-Tem Cedric Edwards Councilmember Jim Fowler Councilmember Grumpy Azzoz Councilmember Daryl John Councilmember Robin Thompson Staff Present: City Manager John Kessel Executive Director Brian James Executive Director Dudley Wait City Attorney Charles Zech Deputy City Secretary Donna Schmoekel Assistant to the City Manager Sarah Gonzalez Call to Order – City Council Regular Session Mayor Carpenter called the meeting to order at 6:01 p.m. 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) Chaplain Hough provided the opening prayer followed by the pledges of allegiance to the flags of the United States and the State of Texas. City Events and Announcements  Announcements of upcoming City Events (B. James/D. Wait/S. Gonzalez) Mayor Carpenter recognized Executive Director Dudley Wait who provided the following announcements:  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.  Thursday, September 8, Northeast Partnership, Olympia Hills Golf and Conference Center 11:30 a.m.  Tuesday, September 13, City Council meeting, 6:00 p.m.  Tuesday, October 4, National Night Out Election Reminders for voters: 1) Last Day to Register to Vote – Tuesday, October 11, 2016. 2) First Day of Early Voting – Monday, October 24, 2016. 3) Last Day of Early Voting – Friday, November 4, 2016. 4) Election Day – Tuesday, November 8, 2016. 08-30-2016 Minutes Page - 2 -  Announcements and recognitions by City Manager (J. Kessel) Mayor Carpenter recognized City Manager John Kessel who recognized Police Officer Amanda Catoe who on July 19, 2016 responded to a house fire call. She went to work assisting the Fire Fighters with setting up the hoses, etc. City Manager John Kessel thanked her and all the other rescue personnel who responded. Presentation  Presentation and recognition of Planning Certificate of Achievement for 2016. (B. James) Mayor Carpenter recognized Director of Planning & Community Development Lesa Wood who came forward explaining the award and read the letter that was mailed to Mayor Carpenter regarding the award. The following members of the Planning & Community Development Department who were also present were Senior Planner Bryce Cox, Planner I Channary Gould and Planner I Emily Grobe. Mayor and Council congratulated them on such an excellent achievement. Hearing of Residents Mayor Carpenter recognized the following individuals who spoke:  Mr. Robert Brockman, 1000 Elbel Road, who addressed the Council regarding the new school zone lights. He stated that in some areas the trees are blocking the signals. City Manager John Kessel stated that he would have this checked out. 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) 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 08-30-2016 Minutes Page - 3 - 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. 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) The following was read into record: 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 Councilmember Fowler who moved, seconded by Councilmember Azzoz to approve consent agenda items 1-3. The vote was unanimous with Councilmembers Fowler, Azzoz, John and Thompson voting for and no one voting no. Mayor Pro-Tem Edwards was absent for this vote as he had not arrived. Motion passed. Discussion and Action Items Mayor Pro-Tem Edwards arrived at 6:17 p.m. 4. Resolution No. 16-R-69 – Consideration and/or action approving a Resolution authorizing an Interlocal Agreement between the City of Schertz and the City of Seguin. (D. Wait) The following was read into record: 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 Mayor Carpenter recognized Planning & Zoning Commissioner Ken Greenwald who stated he wanted to thank Mayor Carpenter of Schertz and Mayor Keil of Seguin, Schertz City Manager 08-30-2016 Minutes Page - 4 - John Kessel, Schertz Executive Director Dudley Wait and other city staff members of both Seguin and Schertz who worked many hours (even over the weekend) to develop and ready the paperwork that is being submitted this evening to finalize this process. We now need approval for the funding for the second project of the proposed original three projects. Hopefully, everything will be signed tonight by both cities. He thanked everyone again for all the time that was put into this project. Mayor Carpenter recognized Executive Director Dudley Wait who provided a PowerPoint presentation regarding the history and future plans of SSLGC. He stated 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 Gonzales well fields. This second field will eventually deliver an additional 5,000 - 6,000 acre feet of drinking water which will become necessary for Schertz in order 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 cap acity to move adequate water to Schertz during the high peak summer months. As a result, the second 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 ensure 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-69 is a proposed Interlocal Agreement between Schertz and Seguin that outlines the cost allocation of how both of these projects will be funded by 08-30-2016 Minutes Page - 5 - 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 second 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 ensures 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. 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 that the future water needs of the city are met for several years. 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. Staff recommends approval. Executive Director Dudley Wait addressed questions and comments from Council. Mayor Carpenter recognized Councilmember Azzoz who moved, seconded by Councilmember Fowler to approve Resolution No. 16-R-69. The vote was unanimous with Mayor Pro-Tem Edwards, Councilmembers Fowler, Azzoz, John and Thompson voting for and no one voting no. Motion passed. 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 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) 08-30-2016 Minutes Page - 6 - The following was read into record: 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 Mayor Carpenter recognized Executive Director Dudley Wait who stated the Schertz/Seguin Local Government Corporation (SSLGC) 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 $43,670.00 and (2) TWDB Participation in the amount of $22,830.00. SSLGC has invested approximately $12,860,364 in the Guadalupe project to date. 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. Mr. Wait introduced Financial Advisor Mark McLiney who came forward to provide additional details on the Water Development Boards Program which facilitates funding for large water projects in the state. There are two loans they are looking at: (1) a deferred interest loan 2) the SWIFT Loaning Program for funding new projects. He explained the borrowing rates and stated that they plan to close and fund in November 2016. He complimented Schertz city staff for helping to bring this negotiation process to conclusion. 08-30-2016 Minutes Page - 7 - The SSLGC Board is scheduled to take action at a special called board meeting on August 29, 2016. 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. Mayor Carpenter recognized Councilmember Azzoz who moved, seconded by Councilmember John that the City Council approve a Resolution authorizing and ratifying various actions and Resolutions previously approved by the Schertz/Seguin Local Government Corporation. The vote was unanimous with Mayor Pro-Tem Edwards, Councilmembers Fowler, Azzoz, John and Thompson voting for and no one voting no. Motion passed. 6. Resolution No. 16-R-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) The following was read into record: 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 Mayor Carpenter recognized Executive Director Dudley Wait who stated 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. One 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 08-30-2016 Minutes Page - 8 - 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, BCFS 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 BCFS 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, BCFS 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. Staff recommends approval of Resolution 16-R-70 authorizing the Mayor to sign the letter of permission for BCFS Health and Human Services Emergency Management Division to complete their licensing application for an EMS Provider License. Mayor Carpenter recognized Councilmember Fowler who moved, seconded by Mayor Pro- Tem Edwards to approve Resolution No. 16-R-70. The vote was unanimous with Mayor Pro-Tem Edwards, Councilmembers Fowler, Azzoz, John and Thompson voting for and no one voting no. Motion passed. 7. Ordinance No. 16-S-31 – Conduct a public hearing and consideration and/or action 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) The following was read into record: 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. Mayor Carpenter recognized Executive Director Brian James who stated 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 may exist 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 notices 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 PH 08-30-2016 Minutes Page - 9 - 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 the 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 30th; this is the second public hearing. 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. 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. Staff recommends approval of the second reading of this ordinance. Mayor Carpenter opened the public hearing and recognized the following who spoke:  Mr. Robert Brockman, 1000 Elbel Road, who stated he would like to see a map regarding this area and have it made available for the public to view. As no one else spoke, Mayor Carpenter closed the public hearing for council comments. Mayor Carpenter recognized Councilmember Fowler who concurred with Mr. Brockman about wanting to see a map of the area. Executive Director Brian James stated staff is going to prepare a packet consisting of a map for anyone who comes in. He said they would also be glad to e-mail that packet to the councilmembers to look at. Mayor Carpenter recognized Councilmember Thompson who moved, seconded by Mayor Pro-Tem Edwards to approve Ordinance No. 16-S-31 final 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. 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 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) PH 08-30-2016 Minutes Page - 10 - The following was read into record: 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. Mayor Carpenter recognized Assistant Finance Director James Walters who stated 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. Mr. Walters provided a PowerPoint presentation with the following highlights: RECENT BUDGET PRESENTATONS:  3 Community Presentations - August 11th – Corbett Jr. High - August 17th – North Community Center - August 18th – Schertz United Methodist Church  Budget Workshop -August 9th – Council Chambers * Questions or requests for more information, see him in the staff room in the back after the public 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 Hotel Tax 611,452 08-30-2016 Minutes Page - 11 - Park Fund 185,000 Tree Mitigation 142,000 Capital Recovery Water 1,040,600 Capital Recovery Sewer 625,500 I&S Fund 6,614,581 Other Funds 34,810 SEDC 3,738,260 Grand Total $72,547,228 ALL FUNDS – EXPENSES 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 260,995 Park Fund 185,000 Tree Mitigation 142,000 Capital Recovery Water 156,000 Capital Recovery Sewer 235,500 I&S Fund 6,614,581 Other Funds 33,750 SEDC 2,062,617 08-30-2016 Minutes Page - 12 - Grand Total $69,071,863 NEW EMPLOYEES  3 Firefighters for Station 3 (approved August 2nd)  3 Police Officers  2 Paramedics  1 IT Employee  Make a Seasonal Park Worker regular Part Time  Make a Part Time Facilities Technician Full Time CHANGE MEMO  General Fund: -All of the 4.9% Health Insurance increase covered by City -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 FUND Revenues $28,524,850 Expenditures 28,516,699 Increase of Fund Balance 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 08-30-2016 Minutes Page - 13 - Reserve Funding 1,229,700 (35,127) (179,517) 89,464 264,141 573,487 M&O Fund Balance 9,294,904 9,259,777 9,080,260 9,169,724 9,433,865 10,007,352 25% Goal 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 Mr. Walters announced that the final vote will be held on Tuesday, September 6, 2016. Staff recommends that the Mayor open the public hearing, take comments, and 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. Mayor Carpenter opened the public hearing and recognized the following who spoke:  Mr. Glen Outlaw, 3729 Forsyth Park, who had a couple of questions: 1) What is the dollar amount that we saved on the insurance? 2) If we would have reduced the budget by that much versus redistributing it, what would the effect have been on the tax rate?  Mr. Ken Greenwald, 205 Westchester, who stated he did not see anything in the budget regarding the fire truck. As no one else spoke, Mayor Carpenter closed the public hearing allowing staff an opportunity to answer those questions followed by any Council comments. Mayor Carpenter recognized Assistant Finance Director James Walters who stated there was about $125,000 worth of savings with the projected health insurance versus the actual amount. Since $325,000 is about $0.01 of the tax rate, it would be less than a half of one cent if we reduced taxes instead. One cent is about $20 on the average home so you could say a little less than $10 would be the savings on the individual homeowner’s tax bill. City Manager John Kessel addressed the question on the fire truck by pointing out that this is actually the parade truck whose engine has been determined to be a complete loss. It will cost about $10,000 to rebuild the engine. They are hoping to get it done sometime next year. The job will be outsourced. Mr. Walters continued addressing several questions from council. 08-30-2016 Minutes Page - 14 - Mayor Carpenter recognized Councilmember Thompson who moved, seconded by Councilmember Fowler to approve Ordinance No. 16-T-29 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. Public Hearing on Proposed Tax Rate – Conduct a public hearing and consideration and/or action regarding the adoption of the FY 2016-17 Tax Rate. (Second required public hearing) (J. Kessel/J. Walters) Mayor Carpenter recognized Assistant Finance Director James Walters who s tated 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 two 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, at the regular session of City Council. The second required public hearing will be conducted at the August 30, 2016 regular City Council 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 b y 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 presentation with the following highlights: Tax Rate: Effective: 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. Rollback: Is a calculated maximum rate allowed by law without voter approval. PH 08-30-2016 Minutes Page - 15 - Current: The rate currently adopted by the City. Proposed Max: The maximum rate set at which the final adopted rate cannot exceed. Tax Rate: Effective: $0.4803 Rollback: $0.5080 Current: $0.4911 Proposed Max: $0.4911 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 For day to day operations I&S $0.1752 $0.1743 To pay the City’s debt Total $0.4911 $0.4911 FY2015-16 City Tax Rate:  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 08-30-2016 Minutes Page - 16 - 0.00 0.50 1.00 1.50 2.00 2.50 3.00 Guadalupe Comal Bexar SA River Auth Univ Health System Road College County School City of Schertz Public Hearing Dates: August 23, 2016 and August 30, 2016. Mr. Walters provided the following regarding the Budget Calendar for FY 2016-17: 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 08-30-2016 Minutes Page - 17 - 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.” 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) The following was read into record: 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. Mayor Carpenter opened the public hearing and as no one spoke closed the public hearing for Council comments. There were no comments from Council. Mayor Carpenter recognized Councilmember Azzoz who moved, seconded by Councilmember John that the 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, approving Ordinance No. 16-T- 30 on 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. Roll Call Vote Confirmation Mayor Carpenter recognized Deputy City Secretary Donna Schmoekel who provided the roll call votes for agenda items 1-9. Requests and Announcements 10. Announcements by City Manager  Citizen Kudos  Recognition of City employee actions  New Departmental initiatives Mayor Carpenter recognized City Manager John Kessel who stated he just wanted to say that the water item (SSLGC) began around 2006. It has taken this long to get to this point. He appreciates Executive Director Dudley Wait’s many hours of work on this in the past 1.5 years and he has brought the project forward, continually keeping his eye on the goal. He extended his sincere appreciation for all his hard work. 08-30-2016 Minutes Page - 18 - 11. Future Agenda Item Request for City Council: This is an opportunity for City Council members to request that items be placed on a future agenda. No discussion of the merits of the item may be taken at this time. Should a Council Member oppose placement of the requested item on a future agenda, the Mayor, without allowing discussion, shall ask for the consensus of the other City Council members to place or not place the item on a future agenda. Mayor Carpenter recognized Councilmember Fowler who stated he would like us to revisit one of our Ordinances, 15-F-18 which has to do with our waste disposal services from Bexar Waste. Some areas of the city are zoned for containers to be picked up once a week and others twice a week. He thinks we could benefit by having trash pickup twice a week in some more areas. Mayor Carpenter stated staff could provide a presentation on this at some future date. 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 Mayor Carpenter recognized Mayor Pro-Tem Edwards who provided his congratulations to the Bank of San Antonio whose ribbon cutting he attended on August 24. Mayor Carpenter recognized Councilmember Fowler who stated the Love Where You Live Program is moving along very well. They are working on several upcoming projects. They recently completed demolition at the Cabana Drive residence location. The next phase is to stabilize the carport. They are moving along on that project very well. Mayor Carpenter recognized Councilmember Azzoz who stated the retaining wall on Savannah Drive came out really great. The appearance is very nice and clean. Good job! Mayor Carpenter recognized Councilmember Thompson who stated he attended the Bank of San Antonio ribbon cutting last week and the officials at the bank were very impressed with the number of city staff executive team members and elected officials who attended. They were surprised, impressed and very pleased with the City of Schertz. A new tenant looking at renting in that same facility was there and will most likely sign their lease as a result of this great turnout by city officials. Mayor Carpenter recognized Executive Director Dudley Wait who stated he just received word that the City of Seguin just got out of their executive session and they passed the SSLGC water project items unanimously. Mayor Carpenter thanked everyone who was involved; this is a huge deal for this city! Adjournment Mayor Carpenter adjourned the meeting at 7:15 p.m. 08-30-2016 Minutes Page - 19 - ________________________________ Michael R. Carpenter, Mayor ATTEST: __________________________________ Donna Schmoekel, Deputy City Secretary Agenda No. 2 CITY COUNCIL MEMORANDUM City Council Meeting: September 6, 2016 Department: Finance Subject: Ordinance No. 16-T-29 – Fiscal Year 2016-17 Budget Final Reading 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. The second public hearing and first reading of the budget ordinance was presented and approved by Council at their meeting of August 30, 2016. This ordinance is the second and final vote to adopt the proposed City FY 2016-17 budget. 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 City Council approve final 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 30th DAY OF AUGUST 2016. ___________________________ Michael Carpenter, Mayor ATTEST: _____________________________ Brenda Dennis, City Secretary PASSED, APPROVED AND ADOPTED ON FINAL READING THIS 6TH Day of SEPTEMBER, 2016. ___________________________ Michael Carpenter, Mayor ATTEST: _____________________________ Brenda Dennis, City Secretary Agenda No. 3 CITY COUNCIL MEMORANDUM City Council Meeting: September 6, 2016 Department: Finance Subject: Ordinance No. 16-T-30 FY 2016-17 Tax Rate Final Reading 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 and first vote was held 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 was 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 on final reading approving the Fiscal Year 2016-17 Proposed Tax Rate. 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, APPROVED AND ADOPTED ON FINAL READING THIS 6TH Day of SEPTEMBER, 2016. ____________________________ Michael Carpenter, Mayor ATTEST: ____________________________ Brenda Dennis, City Secretary